Robert E. Town; Allied Insurance, A Nationwide Company Silvestre Sanchez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA SILVESTRE SANCHEZ, Applicant,vs. ROBERT E. TOWN; ALLIED INSURANCE, A NATIONWIDE COMPANY, Defendants.Case No. ADJ8190306 (Marina del Rey District Office)OPINION AND DECISION GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendants, Robert E. Town (Town) and his homeowner’s insurance carrier, Allied Insurance (Allied Sacramento), seek reconsideration of the Findings of Fact issued by a workers’ compensation administrative law judge (WCJ) on October 30, 2012, wherein the WCJ found that applicant earned more than $100.00 and worked more than 52 hours during the 90 days immediately preceding the claimed date of injury of January 13, 2012. The WCJ also found that applicant is not an excluded employee under Labor Code section 3352(h)1, and that he is, therefore, an employee of Town. Defendants contend that applicant was not Town’s employee on the date of injury, arguing that applicant does not meet the requirements of section 3352(h) for a residential employee because he did not work at least 52 hours for Town in the 90 days preceding the date of injury. No Answer was received. We have considered the allegations of the Petition for Reconsideration as well as the content of the WCJ’s Report and Recommendation on Petition for Reconsideration (Report). Based on our review of the record and for the reasons discussed below, we will grant reconsideration, rescind the October 30, 2012 Findings of Fact, and substitute a new Findings of Fact reversing the WCJ to find that applicant is excluded from coverage under the workers’ compensation scheme pursuant to subsection (h) of section 3352. 1 Unless otherwise stated, all further statutory references are to the Labor Code. , FACTS As relevant here, applicant was hired by Town to do some masonry work on his residential property, including
