In Greitz v. Sivachenko (1956) 143 Cal. App. 2d 146, the uninsured employer in a Labor Code section 3706 action appealed from a judgment entered after a jury verdict in the employee's favor. The Court of Appeal affirmed the judgment, rejecting the employer's theory at trial and on appeal that the employee "faked his injury," and that the only injury in the incident in question occurred to another person. (143 Cal. App. 2d at p. 149.) Some of the court's language suggests Labor Code section 3708 placed the burden on the employer to prove that the injury to the employee did not happen. However, in Greitz there was no question that the incident, involving the collapse of a stairway, occurred while the worker was employed repairing the stairs. The Court of Appeal concluded the employee's own testimony was sufficient to support a finding he was injured in the manner described in his testimony. (143 Cal. App. 2d at p. 149.) Moreover, Greitz had already obtained an award from the Industrial Accident Commission, which found that he was an employee of Sivachenko at the time of the accident and was injured in the accident, and the award was introduced in evidence. (Ibid.) At most, Greitz suggests that, in a case where an incident unquestionably occurred during the course of employment, under section 3708 the uninsured employer has the burden of proving the employee was not actually injured in the incident. Greitz cannot in any event be interpreted as eliminating the worker's burden of proving that the alleged accident or injury occurred during the employment. According to the court, the employer contended "that the trial court erred in stating 'but it is presumed here that the employer was negligent and that proximately caused injury to plaintiff,' placing on defendant the burden of proving that the accident did not happen." ( Greitz v. Sivachenko, supra, 143 Cal. App. 2d at p. 150.) The court rejected the employer's contention, observing that the trial court was at that point explaining the Labor Code section 3708 statutory presumption, and that the trial court's instruction accurately stated the applicable law. (Greitz, at p. 150.) The court also rejected a claim the trial court erred in a subsequent instruction referring to the presumption, in which the trial court stated, " 'That is to say, if there were no evidence offered at all except on the fact of the accident, it would be your duty to immediately bring in a verdict for the plaintiff after finding how much his damages were, but the defendant has the right of producing evidence which may controvert or overcome the presumption. He has the burden of proof.' " The Court of Appeal found the instruction in accord with section 3708, rejecting the employer's argument, on the weight of the evidence, that the burden was on the employee to prove he was injured "as he pretended"; the court observed the statute expressly placed the burden of proof upon the employer. (Id. at p. 151.)