Category Archives: Labor Code 3213.2

CALIFORNIA WORKERS’ COMPENSATION: CLEARING UP THREE COMMON MISCONCEPTIONS ABOUT THE DUTY-BELT PRESUMPTION

As a general rule, injured workers in California can obtain workers’ compensation benefits if they can prove that their injury occurred within the course and scope of their employment. The “duty-belt” presumption is a specialized provision that flips the burden of proof in certain workers’ compensation claims involving first responders. Under California Labor Code § […]

WORKERS’ COMPENSATION DEFENSE: A GUIDE TO THE DUTY-BELT PRESUMPTION IN CALIFORNIA

The burden of proof matters in any legal case. It determines who has the obligation to provide evidence in a claim. In California, the burden of proof for a workers’ compensation claim generally rests on the injured worker. They have the responsibility to prove the following: However, the burden of proof flips in certain cases […]