Cardenas, Fernando

Fernando Cardenas, an unlicensed roofer/laborer, claimed injury to his left leg and left hip after falling from a roof while working on residential property owned by Jose and Judith Calvillo. The WCJ found applicant was excluded as an employee under Labor Code section 3352 because he worked fewer than 52 hours before the injury. On reconsideration, the WCAB agreed that applicant was presumed an employee (not an independent contractor) under section 2750.5 and that section 3352(a)(8) residential employment applied, but found the record insufficient to determine whether the employment was contracted to be for less than 52 hours. The Board granted reconsideration, rescinded the F&O, and substituted a new F&O deferring the 52-hour exclusion issue and returning the matter to the trial level for further development of the record.