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HERNANDEZ v. CHAVEZ ROOFING, INC.

Docket No. B054195.

235 Cal.App.3d 1092 (1991)

286 Cal. Rptr. 919

MICHAEL HERNANDEZ, a Minor, etc., et al., Plaintiffs and Appellants, v. CHAVEZ ROOFING, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

October 31, 1991.

Attorney(s) appearing for the Case

COUNSEL

Bright & Powell and C. Lawrence Powell for Plaintiffs and Appellants.

Zilinskas & Brantner and Robert J. Brantner for Defendants and Respondents.

OPINION

GILBERT, J.

(1) Here we hold that although an employee of an unlicensed and uninsured subcontractor is covered by a general contractor's workers' compensation insurance (Lab. Code,1 § 2750.5), the uninsured subcontractor may be liable in tort for injuries to the employee (§ 3706). We reverse the judgment of the trial court which was entered pursuant to the subcontractor's motion for summary...

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