Zaragoza v. Ibarra

Opinion

SILLS, P. J.

This appeal arises out of a common scenario: A worker hired by an unlicensed contractor on a home remodeling project is injured while working on the job. When the worker has worked less than 52 hours in the 90 days prior to the accident, the law is clear that any claim the worker has against the homeowner for the injury is outside the workers’ compensation system. However, the worker may bring a claim against the homeowner in simple negligence, if there is any.

In this case, however, undisputed facts show that there wasn’t any negligence. The worker’s injury was entirely his…