Managing Employee Injuries and Disability and Occupational Safety

 The legal representative of any deceased employer. Labor Code Section 3300.

Factors which tend to substantiate employer status are:

 The employer controls the details or manner of doing work;

 The employer has the right to terminate the work relationship;



The employer pays wages or salary;

 The employer makes deductions for unemployment, disability insurance and social security;

 The employer furnishes all materials and tools; and

 The employer requires performance during specific hours and days.

B. E MPLOYEE

1. D EFINED The California Workers’ Compensation Statute defines employee to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, expressed or implied, oral or written, lawfully or unlawful and including:



Aliens and minors;

 All elected and appointed paid public officials;

 All officers and members of boards of directors;

 Any person employed by the owner or occupant of residential dwelling whose duties are incidental to the ownership, maintenance or use of the dwelling;  All persons incarcerated in a state penal or correctional institution while engaged in assigned work;  All working members of a partnership receiving wages irrespective of profits from the partnership;  Any person whose employment training is arranged by the State Department of Rehabilitation for an employer;  Any person who performs domestic service comprising in-home supportive services under the welfare and institutions code; and  Any person while engaged by contract for creation of a specially ordered work of authorship in which the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. Labor Code Sections 3351 and 3351.5.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 13