JOHNSON, J.
We granted certiorari of plaintiff's writ application to determine whether the Court of Appeal erred in its determination that the instant parties did not have a statutory employer-employee relationship, and reversed the Office of Workers' Compensation's judgment in favor of benefits for the plaintiff. For the following reasons, we conclude that SouthMark Construction waived its defense that it was not Dean's statutory employer. Further, the court misapplied...
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