Is section 2750.5 of the California Business and Professions Code applicable to workers' compensation cases?

California, United States of America


The following excerpt is from State Compensation Ins. Fund v. Workers' Comp. Appeals Bd., 219 Cal.Rptr. 13, 40 Cal.3d 5, 706 P.2d 1146 (Cal. 1985):

In the second case, Fillmore v. Irvine (1983) 146 Cal.App.3d 649, 657, 194 Cal.Rptr. 319, the court also by way of dictum stated that section 2750.5 was applicable to workers' compensation cases. In that case, an unlicensed worker sought to recover on a contract for services, and the defendants claimed that the action was barred by Business and Professions Code section 7031 which precludes action by an unlicensed contractor to collect the agreed compensation or to foreclose a mechanics lien. The case held that the penultimate paragraph was not applicable to such cases. The court reasoned in part that to apply the penultimate paragraph to determine that the worker was an employee rather than a contractor would work an implied repeal of section 7031.

Other Questions


Does the California Workers' Compensation Board have exclusive jurisdiction over a claim that the independent adjuster of a self-insured employer has delayed or failed to pay a workers' compensation award? (California, United States of America)
Does section 2750.5 of the Workers' Compensation Act grant immunity from liability in a personal injury action at law even if the employer's insurer is not responsible for payment of workers' compensation benefits to the injured employee? (California, United States of America)
Is there any case law where a homeowner who hires an unlicensed employee as an employee under section 2750.5 of the California Code of Civil Procedure (i.e. workers' compensation and general liability) is liable to the homeowner? (California, United States of America)
What is the relevant case law in the context of Section 2(1) of the California Penal Code, and what is the case law relating to Section 4 of the Penal Code? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Does the California Workers Compensation Board have the authority to determine and allow a lien against a Workers Compensation award for living expenses? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the applicable section of section 186.22(b)(1)(C) of the California Criminal Code for the attempted murder of a man who was convicted of the crime of attempted murder? (California, United States of America)
Is section 669 of the California Code of Civil Procedure applicable to sexual assault cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.