Torts, Workers Comp Preemption, Employer, Home Owner, 1, 4
Under Lab. Code 3351(d) workers’ compensation exclusively covers individuals who are employed by owners or occupants of a “residential dwelling” to perform “duties [that] are incidental to the ownership, maintenance, or use of the dwelling . . . or . . . are personal and not in the course of the trade–except for a worker whose employment within the 90 days preceding the accident “was, or was contracted to be, for less than 52 hours.” (Lab. Code 3352(a)(8)(A). This decision holds that the 52-hour threshold is determined by the parties’ contract, not by how soon after beginning the employment, the worker is injured.