Germann

Petitioner Keith Germann seeks review (Lab. Code, § 5950 et seq.) of the finding by respondent Workers’ Compensation Appeals Board (Board) that respondent Edward C. Castro (applicant) was Germann’s employee for purposes of the Workers’ Compensation Act at the time applicant sustained an injury on February 11, 1976. Germann contends applicant was not his employee but an independent contractor and therefore Germann is not liable for payment to applicant for workers’ compensation benefits. We agree and annul the WCAB’s decision.

I

The facts herein are not in substantial dispute. Applicant sustained injury to his right major hand on February 11, 1976, while working as a carpenter on the home owned by Germann. Germann had decided to add a room to his residence and hired an architect, Rodriguez, to prepare the plans. Germann is not a builder or contractor by trade; at the time of injury, he was regularly employed as a manager of data processing for Teledyne.

Rodriguez advised that Germann could proceed with the building by subcontracting out the work rather than just turning the project over to a general contractor. Rodriguez gave Germann a list of contractors and Germann…