McCallister v. Workers' Compensation Appeals Board

Opinion

KINGSLEY, J.

The compensation judge found petitioner, the applicant in the underlying compensation proceeding, to have been “engaged in household domestic service” (Lab. Code, § 3352 subd. (e)) for less than 52 hours per week (Lab. Code, § 3358.5) and thus to have been an employee excluded from compensation coverage.

The appeals board, one member dissenting, concurred without further comment.

We have issued a writ of review and examined the entire record, including transcripts of the testimony.

We conclude that, inasmuch as the applicant’s service was solely to care for and wait upon an…