California Labor Code 5705 – The burden of proof rests upon the party or lien claimant holding the …
The burden of proof rests upon the party or lien claimant holding the affirmative of the issue. The following are affirmative defenses, and the burden of proof rests upon the employer to establish them:
(a) That an injured person claiming to be an employee was an independent contractor or otherwise excluded from the protection of this division where there is proof that the injured person was at the time of his or her injury actually performing service for the alleged employer.
Terms Used In California Labor Code 5705
- employer: means :
California Labor Code 3300
- injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(b) Intoxication of an employee causing his or her injury.
(c) Willful misconduct of an employee causing his or her injury.
(d) Aggravation of disability by unreasonable conduct of the employee.
(e) Prejudice to the employer by failure of the employee to give notice, as required by Sections 5400 and 5401.
(Amended by Stats. 1993, Ch. 4, Sec. 9. Effective April 3, 1993.)