Is an individual barred from maintaining a civil action against a third party under workers' compensation exclusivity rules?

individual is barred from maintaining a civil action against a third party under the workers' compensation exclusivity rules. A presumption of employment and agency principles apply when a party is attempting to obtain workers' compensation. In contrast, California does not apply agency principles when the party seeking to establish an employee relationship is a defendant in a common law suit. Where the exclusivity defense is raised in a common law suit, California courts "are more exacting in requiring proof of an employment relationship." Spradlin v. Cox, 201 Cal. App.3d 799, 807-08, 247 Cal.Rptr. 347 (1988); see also, Laeng v. Workmen's Comp. Appeals Bd., 6 Cal.3d 771, 779 n. 8, 100 Cal.Rptr. 377, 494 P.2d 1 (1972).