Is an employer permitted to hire an unlicensed contractor for purposes of workers' compensation?

California, United States of America


The following excerpt is from State Comp. Ins. Fund v. Notis Enters., Inc., B218667 (Cal. App. 2014):

2. Independent contractors are presumed to be employees for purposes of workers' compensation unless the employer provides proper documentation of their status, such as state contractors' licenses, contract agreements, and certificates of insurance. (Lab. Code, 2750.5; Cedillo v. Workers' Comp. Appeals Bd. (2003) 106 Cal.App.4th 227, 233 [person employing unlicensed contractor for job that requires license is conclusively presumed to be statutory employer].)

3. The date listed on the re-audit, "2/6/07," apparently is incorrect.

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