Francisco Merlos — ADJ13449688

Applicant Francisco Merlos, a laborer, fell from a scaffold and injured his right leg on 7/11/2020 while replacing wooden fascia on a triplex owned by Roy, Jonette, and John Barile through a revocable trust. Merlos was hired by Juan Vega, an unlicensed contractor whom Barile had retained for the project on a time-and-materials basis. The WCJ found both Vega and Merlos to be employees of the Barile defendants, who were uninsured, and the Bariles petitioned for reconsideration arguing Vega and Merlos were independent contractors. The Board affirmed, adopting the WCJ's Report and Opinion, holding that defendants failed to rebut the statutory presumption of employment and that Vega's lack of a contractor's license created a conclusive presumption of employment under Labor Code section 2750.5. The petition for reconsideration was denied and the Findings of Fact and Order affirmed.