Pacheco, Jose

Jose Pacheco fell from a ladder while working as a roofer at a Los Angeles house, claiming injuries to his face, teeth, arm, wrist, and other body parts. Defendant denied liability, asserting applicant was not a covered 'employee' under Labor Code sections 3351(d) and 3352(a)(8). The WCJ found applicant was not an employee solely because he failed to meet the wage and hour requirements of section 3352(a)(8), without first determining whether he was a residential employee under section 3351(d). The Board held the WCJ skipped a mandatory consecutive-step analysis: employment status must be established before any exclusion is applied. Because the record was undeveloped on whether applicant qualified as a residential employee, the Board rescinded the F&O and remanded for further proceedings, also noting the WCJ erroneously relied on an outdated version of section 3352(a)(8).