Does the California Department of Health and Social Care fail to provide evidence that smoking is not allowed at a medical office?

California, United States of America


The following excerpt is from Alexander v. Unemployment Ins. Appeals Bd., 104 Cal.App.3d 97, 163 Cal.Rptr. 411 (Cal. App. 1980):

The department did not satisfy its burden of proof on this issue. The department presented no evidence to contradict respondent's own testimony that there are medical offices where smoking is not allowed at all. (Glick v. Unemployment Ins. Appeals Bd., supra, 23 Cal.3d at p. 503, 153 Cal.Rptr. 1, 591 P.2d 24.)

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