What is the test for establishing an employment contract arose?

In the absence of contrary evidence, proof that an employment contract arose raises an inference it was the employer, the party with the superior bargaining power and the party who normally dictates the terms of the employment, who was the offeror. (Bundsen v. Workers' Comp.App. Bd. (1983) 147 Cal.App.3d 106, 111-112, 195 Cal.Rptr. 10.) This is consistent with the statutory mandate that state workers' compensation laws are to be "liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment." (Lab.Code, 3202.) An inference the employee was the offeree is even more compelling in a case such as this where the employee was unavailable to testify and the employer failed to rebut the inference. (Bundsen v. Workers' Comp.App. Bd., supra, 147 Cal.App.3d at p. 112, 195 Cal.Rptr. 10.)