Calif. 1st: 3352(h) Not a Bar to Tort Action

An injured roofer's exclusion from workers' compensation coverage under Labor Code Section 3352(h) does not bar him from suing in tort, the California First District Court of Appeal has ruled in an opinion certified for publication. The appellate court characterized Mendoza v. Brodeur, No. RG03-131938, (8/18/06), as a personal injury case involving the overlay of workers' compensation law. Glenn Brodeur hired Ernesto Mendoza, an unlicensed roofer, to replace his roof. After a few hours on the job, Mendoza fell from the roof and was injured. Mendoza contended that the homeowner did not prov...