California Labor Code

§ 5705

LAB § 5705 Effective Apr 3, 1993Div. 4 · Part 4 · Ch. 5

Statute text

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.

(b)Intoxication of an employee causing his or her injury.

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Legislative history

Amended by Stats. 1993, Ch. 4, Sec. 9. Effective April 3, 1993.