CompFox AI Summary
This case concerns an applicant injured while providing home care services. The defendant, From The Heart Home Care, Inc. (FTHHC), sought to avoid employer liability, claiming it operated under a domestic employment agency exemption. However, the Workers' Compensation Appeals Board denied FTHHC's reconsideration request. The Board found FTHHC failed to meet the exemption requirements, specifically because its contract obligated the applicant to pay referral fees, violating Civil Code section 1812.5095(b)(7). Therefore, FTHHC was correctly determined to be the applicant's employer at the time of injury.
Full Decision Text1 Pages
This case concerns an applicant injured while providing home care services. The defendant, From The Heart Home Care, Inc. (FTHHC), sought to avoid employer liability, claiming it operated under a domestic employment agency exemption. However, the Workers' Compensation Appeals Board denied FTHHC's reconsideration request. The Board found FTHHC failed to meet the exemption requirements, specifically because its contract obligated the applicant to pay referral fees, violating Civil Code section 1812.5095(b)(7). Therefore, FTHHC was correctly determined to be the applicant's employer at the time of injury.
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