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| Case Name | Duenas v. WCAB | |
|---|---|---|
| Date | 08/19/2010 | |
| Note | A homeowner who hired a landscaper to replant some flower beds at his home was not an employer for workers' compensation purposes because there was no evidence the applicant had worked long enough to waive the statutory exclusion for casual labor. | |
| Citation | B215894 | |
| WCC Citation | WCC 36582010 CA |
The Workers' Compensation Appeals Board (Board) found Juan Jose Ayala was an employee of Guillermo Duenas, while performing landscaping work at Duenas's private residence. We find there was no dispute Ayala was hired by Duenas, and thus was presumptively an employee. After the work at the home sites was completed, Duenas then hired Ayala to work at Duenas's private residence in Chino Hills. Duenas testified that he did not pay Ayala for the work done at the job assignment at his residence in Chino Hills. The Board found Ayala was presumed to be an employee pursuant to section 3357, since he rendered service for Duenas.
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