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Chapter 5. Hearings - California Labor Code Section 5705

5705.  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.
   (c) Willful misconduct of an employee causing his or her injury.
   (d) Aggravation of disability by unreasonable conduct of the
employee.
   (e) Prejudice to the employer by failure of the employee to give
notice, as required by Sections 5400 and 5401.

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Last modified: February 16, 2015