Nick Hagopian Drywall v. Workers' Compensation Appeals Board

In this proceeding we review a decision of the Workers’ Compensation Appeals Board (Board) that the applicant, David Pinson, was an employee of Nick Hagopian Drywall at the time Pinson sustained a work-related injury, The questions presented are (1) whether Labor Code section 2750.5, which precludes independent contractor status for one not holding a valid contractor’s license, creates an employer-employee relationship between a licensed principal contractor and one hired by an unlicensed subcontractor, and (2) assuming Labor Code section 2750.5 creates such a relationship, whether the person hired by the unlicensed subcontractor may be estopped to deny the subcontractor’s independent contractor status when the subcontractor misrepresented his status to the principal contractor. We conclude that on the facts presented in this proceeding, Labor Code section 2750.5 created an employer-employee relationship between Hagopian and Pinson, and Pinson may not be estopped from claiming that relationship. Accordingly, we affirm the Board’s decision.

Facts

In June 1985, Nick Hagopian was a licensed and insured contractor, doing business as Nick Hagopian Drywall. Hagopian had a…