Gerald & Bobby Hunt (Homeowners); Capitol Insurance Martin Reyes WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN REYES, Applicant,vs.GERALD & BOBBY HUNT (Homeowners); CAPITOL INSURANCE, Defendants.Case No. ADJ6521131OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the May 25, 2010 Findings of Fact and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant was an independent contractor when he sustained injuries on June 28. 2008. while tree trimming for homeowners Gerald and Bobbie Hunt (defendant homeowners), that applicant is excluded from employment pursuant to Labor Code1 section 3352(h), and that applicant is not an employee pursuant to section 2750.5 even though he did not possess a contractor’s license as a tree trimmer as required by Business and Professions Code section 7025.1(d). Based on these findings, liie WCJ ordered that applicant take nothing by way of his claim. Applicant contends that the WCJ erred in finding that he was an independent contractor arguing that he is an employee as a matter of law pursuant to section 2750.5. Defendant filed an Answer, and the WCJ issued a .Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Based on our review of the record and for the reasons discussed below, wc will grant reconsideration, rescind the May 25, 2010 Findings of Fact and Order, substitute a new Findings and Order reversing the WCJ to find that applicant is an employee, as a matter of law pursuant to 1 All further statutory references arc to the Labor Code, unless otherwise noted. , section 2750.5 and affirming that applicant is excluded from coverage under the workers’ compensation scheme pursuant to subsection (h) of section 3352. As stated in his Petition for Reconsideration, “(applicant] does not contest the
