California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › 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 › Section 15710 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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.
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.