Huang

Summary

Ai Zhen Huang brought this lawsuit against her former employers, Brad Hunter and L.A. Haute, for injuries she claimed occurred in the course of her employment at Hunter’s residence. L.A. Haute and Hunter did not have workers’ compensation insurance, and suit was brought under Labor Code section 3706, which allows an action at law for damages against an uninsured employer. In such an action, Labor Code section 3708 mandates a presumption 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.”

The question presented on this appeal is whether the presumption of negligence in Labor Code section 3708 includes a presumption that the injury occurred in the course of the worker’s employment. We conclude it does not. An employee seeking damages from an uninsured employer has the same burden of proof as an employee seeking workers’ compensation benefits: the employee bears the burden of proving her injury was sustained in the course of her employment. Under section 3708, if an injury arising from the employment is shown, it is presumed to…