What the panel ordered
The WCAB affirmed the Findings and Award except it amended the finding that applicant was an employee of Heather Hach-Hearne pursuant to Labor Code section 3352(h).
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the applicant was not an employee of Heather Hach-Hearne under section 3352(h) because the applicant worked less than 52 hours for her before injury, which excludes the homeowner from being deemed the employer.
From the decision · page 6version of section 3352 operative at the time of applicant's injury, excludes hirers of workers injured before they have performed 52 hours of work from being deemed the "employer" of the injured worker, the finding that applicant was Hach-Hearne's employee lacks support. (Cedillo, supra, at pp. 144§ 145.) Accordingly, we will amend the F&A to find that applicant was not an employee of Hach-Hearne, the owner of the residential dwelling where the injury occurred, pursuant to section 3352(h).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant worked less than 52 hours for Heather Hach-Hearne before injury.
Favours Defendant prevailed
This fact excludes the homeowner from being deemed the employer under Labor Code section 3352(h), leading to the amendment of the finding that the applicant was an employee of Hach-Hearne.
From the decision · page 5the record here, as stated in the Report, is that applicant performed less than 52 hours of work on
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code section 3352(h)
Excludes workers hired by homeowners for less than 52 hours from being deemed employees of the homeowner for workers' compensation purposes.
From the decision · page 6version of section 3352 operative at the time of applicant's injury, excludes hirers of workers injured before they have performed 52 hours of work from being deemed the "employer" of the injured worker, the finding that applicant was Hach-Hearne's employee lacks support. (Cedillo, supra, at pp. 144§ 145.) Accordingly, we will amend the F&A to find that applicant was not an employee of Hach-Hearne, the owner of the residential dwelling where the injury occurred, pursuant to section 3352(h).
What proof carried it
The evidence the panel weighed, by kind.
Applicant worked approximately 10 hours for Heather Hach-Hearne before injury, less than the 52-hour threshold in section 3352(h).
From the decision · page 5the record here, as stated in the Report, is that applicant performed less than 52 hours of work on
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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