Paul Hestehauge

Paul Hestehauge, an unlicensed Australian painter, fell approximately 15 feet and suffered serious injuries while doing prep work on the cathedral ceiling of the Charkins' residence, having worked only one to three hours before the accident. Because a contractor's license was required for the painting job (total labor/materials exceeded $500) and Hestehauge had none, he was deemed an employee under Labor Code section 2750.5, though he did not meet the 52-hour/$100 thresholds of sections 3351(d) and 3352(h) to qualify as a covered residential employee. The WCAB affirmed the WCJ's finding that Hestehauge was nevertheless a covered 'employee' under section 3715(b)(3) because he was engaged in casual residential employment where the total labor cost was not less than $100. The Board held that section 3715(b) covers its three enumerated classes of residential employees whether their employers are insured or uninsured, and that any discrepancy between the current statute's conjunctive language and the pre-1977 law must be resolved to extend coverage consistent with the Legislature's express intent to 'make no change in the law.' The insurer had admitted coverage and accepted liability. The decision after reconsideration affirmed the July 24, 2003 Findings, Award, and Order.