What is the test for determining whether an employee is an employee in workers' compensation law?
California, United States of America
The following excerpt is from Minish v. Fellowship, H041888 (Cal. App. 2018):
The question whether a worker is an employee within the meaning of the workers' compensation laws is a mixed question of law and fact to be proved like any other question. It is a question of fact when the facts are in dispute. It becomes a question of law, which we review de novo, when only one inference can reasonably be drawn from the facts. (Spradlin v. Cox (1988) 201 Cal.App.3d 799, 806-807.)
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