California Court of Appeal

In case where a property manager hired an unlicensed and uninsured contractor to install rain gutters on a condominium building, and an employee of the contractor was seriously injured, respondent's holding that petitioner property manager was the sole employer liable for workers- compensation is annulled to the extent petitioner and the unlicensed contractor were dual employers, and the liability of petitioner as agent is imputed to the homeowners association as principal.

Appellate Information

• Decided 03/13/2007
• Published 04/11/2007

Judges

• CROSKEY, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Graiwer & Kaplan and Sherwin B. Conway and Susan Kaplan, Los Angeles, for Petitioners., Law Offices of Berkowitz & Cohen and Elliott S. Berkowitz, for Real Party in Interest.


• For Appellees:
  
• Neil P. Sullivan and Vincent Bausano, for Respondent Workers' Compensation Appeals Board., Office of the Director-Legal Unit, Department of Industrial Relations, and Vanessa L. Holton and Steven A. McGinty and David A. Warshaw, for Respondent Uninsured Employers Benefits Trust Fund., Grancell, Lebovitz, Stander, Barnes & Reubens and Penny C. Fogel, for Respondents Robert Fisher, Regina Fisher and Eileen Kawas., Malmquist, Fields & Camastra and Gregory L. Tanner, for Respondent Stuart Pollard.