What is the test for determining whether an employee is an employee under the Ontario Compensation Act?

California, United States of America


The following excerpt is from Van Horn v. Industrial Acc. Commission, 219 Cal.App.2d 457, 33 Cal.Rptr. 169 (Cal. App. 1963):

'The question of whether a worker is an employee within the meaning of the Compensation Act * * * is referred to as a question of mixed law and fact to be proved like any other question. [Citations.] It is a question of fact upon which the judgment of the commission is conclusive where the facts are in dispute. It becomes a question of law only when but one inference can reasonably be drawn from the facts. Where two opposing inferences may be drawn from the evidence, and the inference accepted by the commission is reasonable, and is supported by evidence in the record, that inference must be sustained.' (Schaller v. Industrial Acc. Com., 11 Cal.2d 46, 51, 77 P.2d 836, 839.)

Other Questions


What is the test for determining whether an employee is an employee in workers' compensation law? (California, United States of America)
What is the test for determining whether an employee can claim workers' compensation for a medical malpractice? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test to determine whether an employee is exempt from the California Employee Benefits Act? (California, United States of America)
What is the test for determining whether an employee is an employee or an independent contractor? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.