What the panel treated as outcome-determinative, and which side it favoured.
The Luchetti Children's Trust was found to be the applicant's employer at the time of injury.
Favours Applicant prevailed
This fact established the proper employer for workers' compensation purposes, supporting the applicant's claim.
From the decision · page 7An F&O issued finding that I) the Luchetti Children's Trust was the
applicant's employer at the time of injury; 2) Applicant was a residential
employee within the meaning Labor Code § 335l(d); 3) Applicant was not an
"excluded employee" as set forthin Labor Code § 3352(a)(8); 4) Applicant was
not an employee of JL Construction, Inc., JL Builders, Inc., or JL Modular, Inc.
on the date of injury; and 5) no general/special employment relationship existed
at the time of applicant's injury. Insurance coverage was deferred to the
arbitrator.
The applicant was a residential employee under Labor Code Section 3351(d).
Favours Applicant prevailed
This classification allowed the applicant to recover workers' compensation benefits.
From the decision · page 8Accordingly, a consensual employment relationship existed between the
applicantand Luchetti Children's Trust and the applicant is permitted to recover
workers' compensation benefits.
B. THE HOUSE CONSTITUTED A RESIDENTIAL DWELLING
No general/special employment relationship existed between the applicant and Jeff Luchetti's companies at the time of injury.
Favours Applicant prevailed
This negated the petitioner's claim that the applicant was employed by Jeff Luchetti's companies, supporting the applicant's position.
From the decision · page 10The requisite elements of a special/general relationship are unsubstantiated
and lack evidentiary support in this case. In such a relationship, the general
employer, or.TL Modular as asserted by petitioner, hires and pays the wages of an
employee. Here, the applicant was clearly laid off from.TL Modular on June 29,
2018. (Def. Exh. GG.) Three days later, he started the woodshed job on July 2,
2018. (MOH/SOE p. 7, lines 41-42.) The hours worked on the woodshed were
turn into Peter Luchetti, not JL Modular or any other company affiliated with
Jeff Luchetti. (MOH/SOE, p. 7, line 18.) Luchetti Children's Trust rendered
payment to the applicant for his woodshed labor. (Def. Exh. L.) No evidence was
provided to show that the applicant was paid by JL Modular or any other Jeff
Luchetti companies on August 1, 2018, the date of his injury.