Wood Smith Henning & Berman is pleased to announce that Of Counsel Nicholas Gedo and Partner Vanessa Herzog successfully obtained a summary judgment in favor of their client, a California employer wrongfully sued in a workplace injury action. The ruling brings an end to the plaintiff's lawsuit and affirms the strength of the statutory protections governing independent-contractor classification and workers' compensation exclusivity.
The plaintiff alleged he was performing pipe-fitting work when a pipe being lifted by a hand chain hoist fell and injured his hand. In attempting to avoid summary judgment, the plaintiff argued in a supplemental opposition that a triable issue of fact existed as to whether the defendant was a licensed contractor.
The WSHB team successfully countered this argument by demonstrating that even if plaintiff's theory was accepted, it would not save his claim. Under Labor Code §2750.5, there is a rebuttable presumption that a worker performing services for a person required to hold a license, is an employee rather than an independent contractor.
As the defense demonstrated, if the plaintiff was unlicensed while performing work requiring a license, he would be deemed an employee of the defendant as a matter of law. His sole remedy would therefore lie in the workers' compensation system, and his lawsuit would be barred under the exclusive remedy rule of the Labor Code. The rule applies even when a worker misrepresents his licensure to the hirer. While there are statutory exceptions to workers' compensation exclusivity, the plaintiff failed to raise or establish any applicable exception.
"This ruling reinforces the importance of California's licensing and workers' compensation framework," said Gedo. "The law is clear, and we are pleased the court applied it correctly."
In addition to prevailing on statutory issues, the defense also established that the defendant exercised no control over the conditions that allegedly caused the plaintiff's injury- another independent ground supporting summary judgment.
After considering all arguments, the court agreed with the defense and granted the motion for summary judgment in full, dismissing the case against WSHB's client.
"Our client never should have been subjected to litigation," added Herzog. "We are gratified to have secured a result that reflects the correct application of both the facts and the law."
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