Alejandre, Manuel

Applicant Manuel Alejandre, a handyman, fell from a ladder while working on a rental property owned by defendant Paul Gupta on February 13, 2013, injuring his neck, back, and right shoulder. The dispute centered on whether applicant was an employee or independent contractor under Labor Code section 3353. The WCJ found applicant was an employee, reasoning he was performing roof work that required a contractor's license under Business and Professions Code section 7026, triggering the section 2750.5 presumption. The Board granted reconsideration, finding the WCJ's Report failed to explain why he relied on applicant's post-injury invoice for roof work rather than defendant's emails questioning whether the roof work was approved, and failed to explain the basis for concluding a contractor's license was required given the sparse record on the scope of work. The Board rescinded the F&O and remanded to develop the record on what work applicant was hired to perform and whether it required a license, and if not, whether applicant met other criteria establishing employment status.