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Case Name | An Independent Home Support Service, Inc. v. Superior Court of San Diego, State Compensation Insurance Fund | |
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Date | 12/21/2006 | |
Note | A referral agency that provides domestic workers to individuals and entities is deemed not to be the employers, for the purposes of workers' compensation, of the domestic workers they refer. | |
Citation | 145 Cal. App. 4th 1418 | |
WCC Citation | WCC 32002006 CA |
Filed 12/21/06 CERTIFIED FOR PUBLICATION COURT OF APPEAL - FOURTH APPELLATE DISTRICT, DIVISION ONE, STATE OF CALIFORNIA AN INDEPENDENT HOME SUPPORT SERVICE, INC. , Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; STATE COMPENSATION INSURANCE FUND, Real Party in Interest. AIHSS obtained workers' compensation insurance from State Fund on behalf of the two office workers. State Fund denied the appeal, finding that the domestic workers were considered employees of AIHSS for workers' compensation purposes. We conclude that compliance with the requirements of section 1812. 5095 does exempt AIHSS from maintaining workers' compensation insurance for its domestic workers. We conclude that the plain language of section 1812. 5095 demonstrates that it was intended to apply to workers' compensation insurance, not, as State Fund asserts and the court found, only unemployment insurance.
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