California Statutes
§ 3708. — 3708. (Amended by Stats. 1977, Ch. 17.)
California·Code LAB Labor Code - LAB·Div. 4. DIVISION 4. WORKERS' COMPENSATION AND INSURANCE·Part 1. PART 1. SCOPE AND OPERATION·Ch. 4. CHAPTER 4. Compensation Insurance and Security·Art. 1. ARTICLE 1. Insurance and Security
In such action it is presumed that the injury to the employee was a direct result and grew out of the negligence of the employer, and the burden of proof is upon the employer, to rebut the presumption of negligence. It is not a defense to the employer that the employee was guilty of contributory negligence, or assumed the risk of the hazard complained of, or that the injury was caused by the negligence of a fellow servant. No contract or regulation shall restore to the employer any of the foregoing defenses.
This section shall not apply to any employer of an employee, as defined in subdivision (d) of Section 3351, with respect to such employee, but shall apply to employers of employees described in subdivision (b) of Section 3715, with respect to such employees.
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California § 3708. (3708. (Amended by Stats. 1977, Ch. 17.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Maslic v. ISM Vuzem d.o.o.
(N.D. California, 2021)
Legislative History
Amended by Stats. 1977, Ch. 17.