What the panel ordered
The WCAB affirmed the Findings and Award except it amended the finding that applicant was an employee of Heather Hach-Hearne pursuant to Labor Code section 3352(h).
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the applicant was not an employee of Heather Hach-Hearne under section 3352(h) because the applicant worked less than 52 hours for her before injury, which excludes the homeowner from being deemed the employer.
From the decision · page 6version of section 3352 operative at the time of applicant's injury, excludes hirers of workers injured before they have performed 52 hours of work from being deemed the "employer" of the injured worker, the finding that applicant was Hach-Hearne's employee lacks support. (Cedillo, supra, at pp. 144§ 145.) Accordingly, we will amend the F&A to find that applicant was not an employee of Hach-Hearne, the owner of the residential dwelling where the injury occurred, pursuant to section 3352(h).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.