Vega Bucio, Jose

Decedent Jose Juan Vega Bucio died from an injury sustained on March 12, 2017, while performing tree removal work for defendant Juan Berumen, who was uninsured for workers' compensation and unlicensed. The WCJ found that Berumen employed decedent, was uninsured, that the employment was for less than 52 hours with labor cost exceeding $100, and that Berumen lacked a required contractor's license. Defendant petitioned for reconsideration, arguing decedent did not satisfy Labor Code section 3715(b)(3) because the work was contemplated to be completed in less than 10 working days, that section 3351 requirements must be met before section 2750.5 applies, that defendant did not control decedent's work, and that Cal/OSHA found no employment relationship. The Board granted reconsideration, finding that on preliminary review the work was expected to be completed within one day, suggesting defendant may have met its initial burden under section 3715(b). The Board deferred a final decision pending further review of the merits and the entire record, and noted the record may need further development.