What is the burden of proving an injured person was an independent contractor or otherwise excluded from protection under the Workers' Compensation Act?
California, United States of America
The following excerpt is from Barragan v. Workers' Comp. Appeals Bd., 195 Cal.App.3d 637, 240 Cal.Rptr. 811 (Cal. App. 1987):
Once the presumption of employment comes into play, the burden shifts to the employer to establish that the injured person was an independent contractor or otherwise excluded from protection under the Workers' Compensation Act. (Johnson v. Workmen's Comp. Appeals Bd., supra, 41 Cal.App.3d at p. 321, 115 Cal.Rptr. 871.)
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