McCallister

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 elderly and invalid woman, and included no duties in connection with the maintenance or functioning of a household, she was not excluded by the statutory provision. Accordingly, we annul the board’s orders and remand the case for further proceedings.

The Evidence

The nature of applicant’s employment was described in her testimony and that of Mrs. Janet Clark. There was no significant conflict in the evidence in this regard. Mrs. Clark was the daughter and conservator of Mrs. Barbara Feliz. In the year preceding her death on September 15, 1975, Mrs. Feliz was “aged,” but “wasn’t ill.” She was cared…