Quintanilla, Elvis

Elvis Quintanilla, an unlicensed roofing laborer, fell from a ladder while accessing a roof at a building owned by Mike Mattes and leased to Bama Auto Center on September 14, 2016. He had been working as a paid helper for Antonio Vasquez, an unlicensed handyman/roofer. The WCJ found there was no employment on the date of injury because Vasquez had not yet been awarded the roofing job and applicant was not credible. The WCAB granted reconsideration and rescinded the F&O, holding that because applicant and Vasquez were both unlicensed for work requiring a C-39 license, the statutory employment presumption of Labor Code section 2750.5 applied conclusively, making the 'ultimate hirer' the statutory employer. The Board concluded that Bama Auto Center and/or Mattes were potentially liable as ultimate hirers of an unlicensed/uninsured contractor and returned the matter to the WCJ for further proceedings and a new decision.