CA State Automobile Association Inter-Insurance Bureau v. Workers' Compensation Appeals Board (2006) 2006 DJDAR 3460.

Facts: Owners hired a painter to paint their living room. Their agreement was informal and nothing was put into writing. The painter, while experienced, did not have a contractor's license. On the first day on the job, he fell from a ladder. Painter applied for worker's compensation benefits and filed a civil suit against the owners. In the worker's compensation proceedings, the judge held, and appellate board affirmed, that the painter was an "employee" of the owners.

Procedural History: In the workers' comp proceeding, the workers' comp judge held that the painter was an employee of the owners. The Appeals Board granted a petition for reconsideration filed by the owners' insurer and issued a decision upholding the workers' compensation court holding. The owners filed an appeal with the California Court of Appeal, First Appellate District.

Holding: An employment relationship depends on the workers' compensation definition of "employee." Included in this definition are persons referred to as "residential employees." These employees are hired by the owner/occupant of a residential dwelling to provide personal services. However, the person hired must work at least 52 hours and earn at least $100 during 90 days preceding the date of injury to be considered an employee (Labor Code §§ 3351(d) and 3352(h)).

The painter did not have the requisite earnings or hours to qualify as an employee under the previous sections.