California Court of Appeal

The presumption of negligence in Labor Code section 3708 does not include a presumption that the injury occurred in the course of the worker's employment, and an employee seeking damages from an uninsured employer has the same burden of proof as an employee seeking workers' compensation benefits.

Appellate Information

• Decided 02/14/2003
• Published 02/14/2003

Judges

• BOLAND, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Anthony F. Telleria, Pasadena, and Alejandro Portales, Orange, for Plaintiff and Appellant.


• For Appellees:
  
• Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr., Los Angeles, and Kenneth P. White, Los Angeles, for Defendants and Respondents.