Maciel Ibarra, Jorge

Applicant Jorge Maciel Ibarra claimed injury on July 19, 2016 while performing drywall work at the Bairds' home, where he was employed by Tim Cagle dba Tim Cagle Drywall, who was uninsured for workers' compensation. The WCJ found applicant was Cagle's employee, was not an employee of the homeowners under Labor Code section 3352(h), and could seek benefits from UEBTF. The Board granted UEBTF's reconsideration, holding that because Cagle was deemed unlicensed by operation of law (due to lack of workers' compensation insurance), the homeowners (the Bairds) were applicant's ultimate hirer under Labor Code section 2750.5 and Business and Professions Code section 7125.2. The Board found the WCJ misassigned the burden of proof under section 3352(h) — it is the homeowners' burden to prove applicant worked less than 52 hours or earned less than $100, not applicant's burden to prove he qualifies as an employee. The Board also held applicant cannot pursue benefits directly against UEBTF, which is not an employer. The matter was rescinded and remanded for further development of the record on the section 3352(h) threshold issue.