Paul Hestehauge vs. Wayne Charkins; Laurie Charkins; California State Automobile Association Inter-Insurance Bureau; And Tri-Star Risk Management (Adjusting Agent)

Wayne Charkins; Laurie Charkins; California State Automobile Association Inter-Insurance Bureau; and Tri-Star Risk Management (Adjusting Agent) Paul Hestehauge `WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAUL HESTEHAUGE, Applicant,vs.WAYNE CHARKINS; LAURIE CHARKINS; CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU; and TRI-STAR RISK MANAGEMENT (Adjusting Agent), Defendant(s).Case No. SFO 0452026OPINION AND DECISION AFTER RECONSIDERATION            We previously granted the petition for reconsideration of defendant, California State Automobile Association Inter-Insurance Bureau (defendant), to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration.1            Defendant’s petition sought reconsideration of the July 24, 2003 Findings, Award, and Order issued by the workers’ compensation administrative law judge (WCJ). In relevant part, that decision found that applicant, Paul Hestehauge (Mr. Hestehauge), sustained industrial injury to his head, entire body, brain and left wrist in a fall on November 15, 2000, while employed as a painter by homeowners, Wayne Charkins (Mr. Charkins) and Laurie Charkins (Mrs. Charkins), the insureds of defendant. In finding that Mr. Hestehauge was employed by Mr. and Mrs. Charkins, the WCJ determined in substance: (1) because Mr. Hestehauge was performing work for which a contractor’s license was required, and because he did not have the requisite license, he was an employee under Labor Code section 2750.5;2 (2) although Mr. Hestehauge was an employee under section 2750.5, not all employments are covered by the Workers’ Compensation Act and, here, 1 After the order granting reconsideration, Commissioner Cuneo was assigned to the panel to replace Commissioner Murray, who is on leave.2 All further statutory references are to the Labor Code, unless otherwise specified. , Mr. Hestehauge had not worked a sufficient number of hours to qualify as a residenti

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.