Ruiz

This is an appeal from a final judgment entered on defendant’s motion for summary judgment. The sole issue is whether the exclusive remedy provisions of the Workers’ Compensation Act apply when the employer is a licensed farm labor contractor. We conclude, consistent with Martinez v. State Compensation Ins. Fund (1995) 32 Cal.App.4th 1589, 1596 [ 38 Cal.Rptr.2d 639 ], that the exclusive remedy of an injured employee in the present circumstances is workers’ compensation. Accordingly, we affirm the judgment.

Facts and Procedural History

The facts are not in dispute. On September 7, 1997, plaintiff Homero Ruiz was an agricultural laborer hired by defendant Juan Cabrera, doing business as J.C. Contracting. Cabrera was a farm labor contractor, registered as such pursuant to the California Farm Labor Contractors Act (FLCA). (See Lab. Code, § 1682 et seq.) Cabrera directed another of his employees, Ofelia Lopez, to provide transportation for part of the work crew, including Ruiz, in her van. She did. She failed to obey a stop sign and caused a collision in which three crew members were killed and others, including Ruiz, were injured.

Ruiz, through his guardian ad litem, sued…