Neighbours v. Buzz Oates Enterprises

Opinion

SCOTLAND, J.—

Plaintiff Lewis Lee Neighbours appeals from a judgment dismissing his personal injury action against defendant Buzz Oates Enterprises after the trial court granted defendant’s motion for summary judgment.

The sole issue presented in this appeal is whether, under Labor Code section 2750.5, 1 an unlicensed subcontractor is conclusively presumed to be an employee of the general contractor rather than an independent contractor when the subcontractor, although unlicensed, is insured for workers’ compensation coverage. The status of such a subcontractor determines whether its…