Zaragoza

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 own fault, and there was no want of ordinary care taken by the homeowner. Hence summary judgment was properly granted, and we affirm.

I. FACTS

A. Facts Relating to the Workers’ Compensation Question

In early November of 2004, Maria Ibarra engaged Claudio Quiroz to construct four rooms and two bathrooms on her premises. There is no dispute that Quiroz was an unlicensed contractor.

Quiroz, in turn, hired Eliazar Zaragoza to assist in the construction. Zaragoza normally works at Taco Bell. Zaragoza’s first day of work on the job was in late March 2005. His brief asserts that he was paid $100 for his…