Neighbours

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, 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 employee who is injured on the job can bring an action in tort against the general contractor (§ 3852) or is limited to a workers’ compensation claim. (§§ 3600, 3601, 3602.)

We conclude that the conclusive presumption of employee status set forth in section 2750.5 applies to any unlicensed subcontractor, whether or not the unlicensed subcontractor is independently insured for workers’ compensation coverage. Thus, the injured employee of an insured, unlicensed subcontractor is the employee of the principal contractor (Blew v. Horner (1986) 187 Cal.App.3d 1380, 1389 [ 232 Cal.Rptr. 660 ]) and may not bring a…