4915 A worker hired by an unlicensed contractor to do home improvements is not an employee of the homeowner under workers compensation provisions if he has worked for the homeowner for less than 52 hours; the worker can thus bring a negligence cause of action against the homeowner, but falling from a ladder that the worker placed next to a wall in order to pull a nail out of the wall is due to the workers negligence and not that of the homeowner.CitationZARAGOZA v IBARRA (Nail Pull) 174 CA4 1012 [See: LabC 3351; InsC 11590; Ramirez v Nelson 44 CA4 908, T/AT 9/08; Mendoza v Brodeur 142 CA4 72, T/AT 9/06]
|
|