49 COR 40-8921 [¶23,325]
AFFIRMATIVE DEFENSE - EMPLOYEE-EMPLOYER RELATIONSHIP – Labor Code §§6303(b), 6304.1(a) - A preponderance of the evidence established that an employer-employee relationship existed between Appellant and the workers at the site. Labor Code §2750.5 – An injured worker, who did not have a contractor’s license, was deemed an employee of Employer, rather than an independent contractor. Labor Code §2775 – Employer did not establish all three elements of the ABC test by a preponderance of the evidence.Digest of COSHAB ALJ’s Decision dated February 5, 2025, Inspection No 1580564 (Sun Valley)
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