Home/Case Law/DAVID MACK vs. ALICE MACK, FIRST AMERICAN SPECIALTY INSURANCE
Regular DecisionReconsideration

DAVID MACK vs. ALICE MACK, FIRST AMERICAN SPECIALTY INSURANCE

Filed: Oct 29, 2019
Anaheim
ADJ11226838

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the previous Findings and Orders due to defective service on the applicant, making the petition timely. The core issue is whether the applicant, who performed renovation work, was an employee or a residential employee under Labor Code section 3351(d). The WCAB found insufficient evidence to determine if the work was performed in the course of the owner's trade, business, or occupation. The case is returned for further proceedings and a new decision, potentially involving the Uninsured Employer Benefit Trust Fund.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the previous Findings and Orders due to defective service on the applicant, making the petition timely. The core issue is whether the applicant, who performed renovation work, was an employee or a residential employee under Labor Code section 3351(d). The WCAB found insufficient evidence to determine if the work was performed in the course of the owner's trade, business, or occupation. The case is returned for further proceedings and a new decision, potentially involving the Uninsured Employer Benefit Trust Fund.

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