Adrian Hernandez — ADJ9648968

Applicant Adrian Hernandez, a painter employed by Complete Painting, Inc., sustained cervical and lumbar spine injuries on September 15, 2014 while painting a residence owned by Heather Hach-Hearne. Complete Painting was uninsured for workers' compensation, which suspended its contractor's license by operation of law under Business and Professions Code section 7125.2(a)(2), rendering it deemed unlicensed. The WCJ found Hach-Hearne, the homeowner who hired the unlicensed contractor, to be applicant's employer under Labor Code section 3352(a)(8)(B) based on earnings exceeding $100. On reconsideration, the Board agreed that the wrong version of the statute was applied and held that under section 3352(h), as operative on the date of injury, applicant performed less than 52 hours of work before injury and therefore was excluded from being deemed Hach-Hearne's employee. The Board affirmed the F&A in all other respects but amended Finding 4 to find applicant was not Hach-Hearne's employee.