Chapter 8. Office of the Director
Subchapter 2.1. Illegally Uninsured Employers. Determinations by the Director: Prima Facie Illegally Uninsured, Corporate Parent and Substantial Shareholder; Notice; Hearings; Appeals
Article 1. General

§15710. Definitions.

The following definitions are applicable to this group. Terms not defined here but used in the Labor Code shall have their meaning as so used. All references to the code or to code sections refer to the California Labor Code unless otherwise stated.

(a) Prima facie illegally uninsured. In addition to examples provided in the code, an employer against which there is any evidence from which, after considering any contradicting evidence except any testimony or statements by the employer or related persons, a reasonable person could conclude that the employer, as of the time of the injury, had not secured the payment of compensation as provided by code Section 3700.

(b) Prima facie a parent. A corporation against which there is any evidence from which, after considering any contradictory evidence except testimony or statements of shareholders, officers or beneficial owners of the parent or its subsidiary, a reasonable person could conclude that the corporation had been at the time of the injury or has been at any subsequent time the parent of a corporation which, as of the time of the injury, had not secured the payment of compensation as provided by code Section 3700.

(c) Prima facie a substantial shareholder. A person against which there is any evidence from which, after considering any contradictory evidence except testimony or statements of that person or of related persons or other shareholders, a reasonable person could conclude that the person had been at the time of the injury or has been at any subsequent time a substantial shareholder in a corporation or the parent of a corporation, which corporation, as of the time of the injury, had not secured the payment of compensation as provided by code Section 3700.

(d) Prima facie case. A case for which there is any evidence from which, after considering any contradictory evidence, a reasonable person could conclude that the case were established as likely to be true.

(e) Director. The Director of Industrial Relations or his designated agents or delegates.

(f) Illegally uninsured. The status of having employees, one of whom was injured arising out of and in the course of the employee's employment at a time when the employer had not secured the payment of compensation as required by code Section 3800.

(g) Appeals board. The California Workers Compensation Appeals Board.

NOTE: Authority cited: Sections 54, 55, 59, 3702.10, 3710 and 3715, Labor Code. Reference: Sections 3715, 3717.2, 3720, 3720.1 and 3721, Labor Code.

HISTORY

1. New section filed 6-19-89; operative 7-19-89 (Register 89, No. 27). For history of former Group 2.1 (Sections 15600-15670 and Sections 15700-15780, not consecutive), see Register 83, No. 31.