California Bar Journal
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Self-Assessment Test
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Answer the following questions after reading the MCLE article on workers' compensation. Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates to reach you in the mail.

1. Under the Labor Code, a person injured while rendering service for another must prove employment status prior to collecting compensation.

2. When an employee dies from work-related injury, the employee’s dependents may not recover damages from the employer, in addition to a death benefit.

3. If employer A contracts with employer B to perform certain services, and employer B’s worker is injured while performing those services, the worker may file a compensation claim against both employers only if employer A directly controlled and supervised the injured worker.

4. If a worker is temporarily placed on employer A’s payroll while on loan from employer B, and is injured while working, she may claim compensation from both employers.

5. If an employer contracts in writing with a person rendering services, the contract will be deemed irrelevant in determining employee status.

6. State prison inmates may be defined as employees under the Labor Code.

7. Aliens may never be considered employees, under the Labor Code.

8. Members of the boards of directors of private corporations may elect coverage under the Labor Code.

9. Volunteer firefighters must elect coverage for workers’ compensation.

10. An independent contractor may elect coverage under the Labor Code.

11. Although a person is identified as an independent contractor in a written contract for performance of services, if he is directed by the principal on the means of accomplishing the result, he will be covered as an employee.

12. A person who slips on a wet kitchen floor of a non-profit homeless shelter while performing  chores in exchange for shelter is covered as an employee.

13. A gardener who was paid $125 for clearing brush from a hillside in one day will be covered as an employee.

14. A retired police officer volunteering as a sheriff’s deputy in a small county is excluded as an employee.

15. The burden of proof generally rests on the injured worker to prove she was an employee and not an independent contractor.

16. Determinations by entities such as the Internal Revenue Service may be dispositive of employment status.

17. In determining independent contractor status, the most important factor is whether the parties believe they are creating an employment relationship.

18. There is a rebuttable presumption that an unlicensed construction worker performing services for which a contractor’s license is required is the employee of the principal.

19. Farm laborers have been deemed employees of landowners, despite written contracts stating otherwise.

20. Public policy does not permit the application of liberal construction to the independent contractor analysis.