Zaragoza v. Ibarra
Filed June 8, 2009
Cite as 2009 SOS 3533

Work Comp Benefits of Unlicensed Contractor’s Employee Denied

Maria Ibarra (Ibarra) employed the services of an unlicensed contractor Claudio Quiroz (Quiroz) to build four rooms and two bathrooms on her place. In turn, Quiroz hired Eliazar Zaragoza, who normally works at Taco Bell, to assist him in the construction.

On Zaragoza’s second day, he fell while removing stucco from the upper portion of Ibarra’s garage walls. Ibarra was not home at the time of the accident.

On the day of the accident, Zaragoza, without any instructions or communications given to him, got a one-sided, metallic, two-legged ladder, set it up against one of the walls, and climbed onto it together with another worker Mauricio Canongo. The ladder was neither wobbly nor slippery when he climbed it. In fact, he managed to climb up and down for three or more times. While pulling a nail out, the ladder slipped and Zaragoza’s left knee struck the ladder.

Zaragoza filed a negligence case against Ibarra. Ibarra filed a motion for summary judgment. The trial court granted Ibarra’s motion.

The appellate court, in affirming the trial court’s decision, made the following ruling:

1. Zaragoza was not entitled to working compensation benefits
   
   Zaragoza was Quiroz’s employee who was unlicensed contractor. He neither worked for 52 hours for Ibarra nor earned $100 for such job during the 90 days preceding the injury. Hence, he was not entitled to worker’s compensation benefits.


2. Ibarra’s duty to Zaragoza was one of ordinary care
   
   Ibarra was not liable for injuries sustained by Zaragoza. It was Zaragoza who placed, adjusted and climbed the ladder. There were no allegations that the ladder was defective. Moreover, any adult person would have known that Zaragoza’s maneuver posed significant risk.