In the complaint Curren alleged that Martinez and Le Parc were presumed negligent under section 3708 fn. On July 16, 2002 Curren and Le Parc, as well as Le Parc's general liability insurance carrier, settled the civil action. In addition to releasing Le Parc, Curren agreed to indemnify Le Parc and hold it harmless against any action, claim or demand by Curren himself or by any other person for damages or compensation resulting in any way from the August 23, 2000 incident. Le Parc's Motion to Dismiss the Workers' Compensation Case On September 25, 2002 Le Parc moved to dismiss Curren's workers' compensation claim on the ground the settlement agreement resolved all of Curren's claims against Le Parc, including the application for workers' compensation benefits. c. Curren Is Not Foreclosed by the Doctrine of Collateral Estoppel from Establishing that Le Parc Was His Employer The issue of Martinez's status as an independent contractor or employee of Le Parc, and therefore whether Le Parc was Curren's employer, was not actually litigated in the dismissed civil action.

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