DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200. - 6002.]
Heading of Division 4 amended by Stats. 1979, Ch. 373.
§§ 3200–6002 · 642 sections
PART 1. SCOPE AND OPERATION §§ 3200–4418 · 292 sections
CHAPTER 1. General Provisions §§ 3200–3219 · 61 sections
- § 3200 The Legislature hereby declares its intent that the term “workmen’s compensation” shall hereafter also be known as “workers’ compensation, ” and that the…
- § 3201 This division and Division 5 (commencing with Section 6300) are an expression of the police power and are intended to make effective and apply to a complete…
- § 3201.5 (a) Except as provided in subdivisions (b) and (c), the Department of Industrial Relations and the courts of this state shall recognize as valid and binding…
- § 3201.7 (a) Except as provided in subdivision (b), the Department of Industrial Relations and the courts of this state shall recognize as valid and binding any…
- § 3201.81 In the horse racing industry, the organization certified by the California Horse Racing Board to represent the majority of licensed jockeys pursuant to…
- § 3201.9 (a) On or before June 30, 2004, and biannually thereafter, the report required in subdivision (i) of Section 3201.5 and subdivision (h) of Section 3201.7 shall…
- § 3202 This division and Division 5 (commencing with Section 6300) shall be liberally construed by the courts with the purpose of extending their benefits for the…
- § 3202.5 All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence in order that all parties are…
- § 3203 This division and Division 5 (commencing with Section 6300) do not apply to employers or employments which, according to law, are so engaged in interstate…
- § 3204 Unless the context otherwise requires, the definitions hereinafter set forth in this chapter shall govern the construction and meaning of the terms and phrases…
- § 3205 “Division” means the Division of Workers’ Compensation.
- § 3205.5 “Appeals board” means the Workers’ Compensation Appeals Board of the Division of Workers’ Compensation.
- § 3206 “Administrative director” means the Director of the Division of Workers’ Compensation.
- § 3206.5 For the purpose of this division and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation…
- § 3207 “Compensation” means compensation under this division and includes every benefit or payment conferred by this division upon an injured employee, or in the…
- § 3208 “Injury” includes any injury or disease arising out of the employment, including injuries to artificial members, dentures, hearing aids, eyeglasses and medical…
- § 3208.05 (a) “Injury” includes a reaction to or a side effect arising from health care provided by an employer to a health care worker, which health care is intended to…
- § 3208.1 An injury may be either: (a) “specific,” occurring as the result of one incident or exposure which causes disability or need for medical treatment; or (b)…
- § 3208.2 When disability, need for medical treatment, or death results from the combined effects of two or more injuries, either specific, cumulative, or both, all…
- § 3208.3 (a) A psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to…
- § 3208.4 In any proceeding under this division involving an injury arising out of alleged conduct that constitutes sexual harassment, sexual assault, or sexual battery,…
- § 3209 “Damages” means the recovery allowed in an action at law as contrasted with compensation.
- § 3209.3 (a) “Physician” includes physicians and surgeons holding an M.D. or D.O. degree, psychologists, acupuncturists, optometrists, dentists, podiatrists, and…
- § 3209.4 The inclusion of optometrists in Section 3209.3 does not imply any right or entitle any optometrist to represent, advertise, or hold himself out as a physician.
- § 3209.5 Medical, surgical, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatus, includes, but is not limited…
- § 3209.6 The inclusion of chiropractors in Sections 3209.3 and 3209.5 does not imply any right or entitle any chiropractor to represent, advertise, or hold himself out…
- § 3209.7 Treatment of injuries at the expense of the employer may also include, either in addition to or in place of medical, surgical, and hospital services, as…
- § 3209.8 Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional…
- § 3209.9 The inclusion of acupuncturists in Section 3209.3 does not imply any right or entitle any acupuncturist to represent, advertise, or hold himself or herself out…
- § 3209.10 (a) Medical treatment of a work-related injury required to cure or relieve the effects of the injury may be provided by a state licensed physician assistant or…
- § 3209.11 (a) An employer, workers’ compensation insurer, self-insured employer, or agent of an employer, insurer, or self-insured employer may provide an employee with…
- § 3210 “Person” includes an individual, firm, voluntary association, or a public, quasi public, or private corporation.
- § 3211 “Insurer” includes the State Compensation Insurance Fund and any private company, corporation, mutual association, reciprocal or interinsurance exchange…
- § 3211.5 For purposes of this division, whenever the term “firefighter,” “firefighting member,” and “member of a fire department” is used, the term shall include, but…
- § 3211.9 “Disaster council” means a public agency established by ordinance which is empowered to register and direct the activities of disaster service workers within…
- § 3211.91 “Accredited disaster council” means a disaster council that is certified by the Office of Emergency Services as conforming with the rules and regulations…
- § 3211.92 (a) “Disaster service worker” means any natural person who is registered with an accredited disaster council or a state agency for the purpose of engaging in…
- § 3211.93 “Disaster service” means all activities authorized by and carried on pursuant to the California Emergency Services Act, including training necessary or proper…
- § 3211.93a “Disaster service” does not include any activities or functions performed by a person if the accredited disaster council with which that person is registered…
- § 3212 (a) (1) In the case of members of a sheriff’s office or the California Highway Patrol, district attorney’s staff of inspectors and investigators or of police…
- § 3212.1 (a) This section applies to all of the following: (1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire…
- § 3212.15 (a) This section applies to all of the following: (1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire…
- § 3212.2 (a) For an officer and employee in the Department of Corrections and Rehabilitation having custodial duties and for a peace officer, as defined in Section…
- § 3212.3 In the case of a peace officer who is designated under subdivision (a) of Section 2250.1 of the Vehicle Code and who has graduated from an academy certified by…
- § 3212.4 In the case of a member of a University of California fire department located at a campus or other facility administered by the Regents of University of…
- § 3212.5 In the case of a member of a police department of a city or municipality, or a member of the State Highway Patrol, when any such member is employed upon a…
- § 3212.6 (a) (1) In the case of a member of a police department of a city or county, or a member of the sheriff’s office of a county, or a member of the California…
- § 3212.7 In the case of an employee in the Department of Justice falling within the “state safety” class, when any such individual is employed under civil service upon…
- § 3212.8 (a) In the case of members of a sheriff’s office, of police or fire departments of cities, counties, cities and counties, districts, or other public or…
- § 3212.85 (a) This section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department. (b) The term…
- § 3212.9 (a) (1) In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a member of…
- § 3212.10 In the case of a peace officer of the Department of Corrections who has custodial or supervisory duties of inmates or parolees, or a peace officer of the…
- § 3212.11 This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal…
- § 3212.12 (a) This section applies to peace officers, as defined in subdivision (b) of Section 830.1 of the Penal Code, subdivisions (e), (f), and (g) of Section 830.2…
- § 3213 In the case of a member of the University of California Police Department who has graduated from an academy certified by the Commission on Peace Officer…
- § 3213.2 (a) In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a peace officer…
- § 3214 (a) The Department of Corrections and the Department of the Youth Authority shall, in conjunction with all recognized employee representative associations,…
- § 3215 Except as otherwise permitted by law, any person acting individually or through his or her employees or agents, who offers, delivers, receives, or accepts any…
- § 3217 (a) Section 3215 shall not be construed to prevent the recommendation of professional employment where that recommendation is not prohibited by the Rules of…
- § 3218 A violation of Section 3215 is a public offense punishable upon a first conviction by incarceration in the county jail for not more than one year, or by…
- § 3219 (a) (1) Except as otherwise permitted by law, any person acting individually or through his or her employees or agents, who offers or delivers any rebate,…
CHAPTER 2. Employers, Employees, and Dependents §§ 3300–3553 · 42 sections
ARTICLE 1. Employers §§ 3300–3302 · 3 sections
- § 3300 As used in this division, “employer” means: (a) The State and every State agency. (b) Each county, city, district, and all public and quasi public corporations…
- § 3301 As used in this division, “employer” excludes the following: (a) Any person while acting solely as the sponsor of a bowling team. (b) Any private, nonprofit…
- § 3302 (a) (1) When a licensed contractor enters an agreement with a temporary employment agency, employment referral service, labor contractor, or other similar…
ARTICLE 2. Employees §§ 3350–3371.1 · 33 sections
- § 3350 Unless the context otherwise requires, the definitions set forth in this article shall govern the construction and meaning of the terms and phrases used in…
- § 3351 “Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written,…
- § 3351.5 “Employee” includes: (a) Any person whose employment training is arranged by the State Department of Rehabilitation with any employer. Such person shall be…
- § 3352 (a) “Employee,” excludes the following: (1) A person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. (2) A…
- § 3352.94 “Employee” excludes a disaster service worker while performing services as a disaster service worker except as provided in Chapter 10 of this part. “Employee”…
- § 3353 “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the…
- § 3354 Employers of employees defined by subdivision (d) of Section 3351 shall not be subject to the provisions of Sections 3710, 3710.1, 3710.2, 3711, 3712, and…
- § 3355 As used in subdivision (d) of Section 3351, the term “course of trade, business, profession, or occupation” includes all services tending toward the…
- § 3356 As used in subdivision (d) of Section 3351 and in Section 3355, the term “trade, business, profession, or occupation” includes any undertaking actually engaged…
- § 3357 Any person rendering service for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee.
- § 3358 Watchmen for nonindustrial establishments, paid by subscription by several persons, are not employees under this division. In other cases where watchmen, paid…
- § 3360 Workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of the labor on a particular piece of work are…
- § 3361 Each member registered as an active firefighting member of any regularly organized volunteer fire department, having official recognition, and full or partial…
- § 3361.5 Notwithstanding Section 3351, a volunteer, unsalaried person authorized by the governing board of a recreation and park district to perform volunteer services…
- § 3362 Each male or female member registered as an active policeman or policewoman of any regularly organized police department having official recognition and full…
- § 3362.5 Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a deputy sheriff, or…
- § 3363 Each member registered with the Department of Fish and Game as an active member of the reserve fish and game warden program of the department is an employee of…
- § 3363.5 (a) Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a public agency, as designated and authorized by the…
- § 3363.6 (a) Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a private, nonprofit organization, as designated and…
- § 3364 Notwithstanding paragraph (3) of subdivision (a) of Section 3352, a volunteer, unsalaried member of a sheriff’s reserve in any county who is not deemed an…
- § 3364.5 Notwithstanding Section 3351 of the Labor Code, a volunteer, unsalaried person authorized by the governing board of a school district or the county…
- § 3364.55 A ward of the juvenile court engaged in rehabilitative work without pay, under an assignment by order of the juvenile court to a work project on public…
- § 3364.6 Notwithstanding Sections 3351 and 3352, juvenile traffic offenders pursuant to Section 564 of the Welfare and Institutions Code, or juvenile probationers…
- § 3364.7 Notwithstanding Sections 3351 and 3352, a ward of the juvenile court committed to a regional youth educational facility pursuant to Article 24.5 (commencing…
- § 3365 For the purposes of this division: (a) Except as provided in subdivisions (b) and (c), each person engaged in suppressing a fire pursuant to Section 4153 or…
- § 3366 (a) For the purposes of this division, each person engaged in the performance of active law enforcement service as part of the posse comitatus or power of the…
- § 3367 (a) For purposes of this division any person voluntarily rendering technical assistance to a public entity to prevent a fire, explosion, or other hazardous…
- § 3368 Notwithstanding any provision of this code or the Education Code to the contrary, the school district, county superintendent of schools, or any school…
- § 3369 The inclusion of any person or groups of persons within the coverage of this division shall not cause any such person or group of persons to be within the…
- § 3370 (a) Each inmate of a state penal or correctional institution shall be entitled to the workers’ compensation benefits provided by this division for injury…
- § 3370.1 (a) Each patient in a State Department of State Hospital facility shall be entitled to the workers’ compensation benefits provided by this division for injury…
- § 3371 If the issues are complex or if the inmate applicant requests, the Department of Corrections shall furnish a list of qualified workers’ compensation attorneys…
- § 3371.1 If the issues are complex or if the patient applicant requests, the State Department of State Hospitals shall furnish a list of qualified workers’ compensation…
ARTICLE 3. Dependents §§ 3501–3503 · 3 sections
- § 3501 (a) A child under the age of 18 years, or a child of any age found by any trier of fact, whether contractual, administrative, regulatory, or judicial, to be…
- § 3502 In all other cases, questions of entire or partial dependency and questions as to who are dependents and the extent of their dependency shall be determined in…
- § 3503 No person is a dependent of any deceased employee unless in good faith a member of the family or household of the employee, or unless the person bears to the…
ARTICLE 4. Employee Notice §§ 3550–3553 · 3 sections
- § 3550 (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and…
- § 3551 (a) Every employer subject to the compensation provisions of this code, except employers of employees defined in subdivision (d) of Section 3351, shall give…
- § 3553 Every employer subject to the compensation provisions of this code shall give any employee who is a victim of a crime that occurred at the employee’s place of…
CHAPTER 3. Conditions of Compensation Liability §§ 3600–3605 · 13 sections
- § 3600 (a) Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided…
- § 3600.1 (a) Whenever any firefighter of the state, as defined in Section 19886 of the Government Code, is injured, dies, or is disabled from performing his or her…
- § 3600.2 (a) Whenever any peace officer, as defined in Section 50920 of the Government Code, is injured, dies, or is disabled from performing his or her duties as a…
- § 3600.3 (a) For the purposes of Section 3600, an off-duty peace officer, as defined in subdivision (b), who is performing, within the jurisdiction of his or her…
- § 3600.4 (a) Whenever any firefighter of a city, county, city and county, district, or other public or municipal corporation or political subdivision, or any…
- § 3600.5 (a) If an employee who has been hired or is regularly working in the state receives personal injury by accident arising out of and in the course of employment…
- § 3600.6 Disaster service workers registered by a disaster council while performing services under the general direction of the disaster council shall be entitled to…
- § 3600.8 (a) No employee who voluntarily participates in an alternative commute program that is sponsored or mandated by a governmental entity shall be considered to be…
- § 3601 (a) Where the conditions of compensation set forth in Section 3600 concur, the right to recover such compensation, pursuant to the provisions of this division…
- § 3602 (a) Where the conditions of compensation set forth in Section 3600 concur, the right to recover compensation is, except as specifically provided in this…
- § 3603 Payment of compensation in accordance with the order and direction of the appeals board shall discharge the employer from all claims therefor.
- § 3604 It is not a defense to the State, any county, city, district or institution thereof, or any public or quasi-public corporation, that a person injured while…
- § 3605 The compensation due an injured minor may be paid to him until his parent or guardian gives the employer or the latter’s compensation insurance carrier written…
CHAPTER 4. Compensation Insurance and Security §§ 3700–3823 · 86 sections
ARTICLE 1. Insurance and Security §§ 3700–3709.5 · 28 sections
- § 3700 Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay…
- § 3700.1 As used in this article: (a) “Director” means the Director of Industrial Relations. (b) “Private self-insurer” means a private employer which has secured the…
- § 3700.5 (a) The failure to secure the payment of compensation as required by this article by one who knew, or because of his or her knowledge or experience should be…
- § 3701 (a) Each year every private self-insuring employer shall secure incurred liabilities for the payment of compensation and the performance of the obligations of…
- § 3701.3 The director shall return to a private self-insured employer all individual security determined, with the consent of the Self-Insurers’ Security Fund, to be in…
- § 3701.5 (a) If the director determines that a private self-insured employer has failed to pay workers’ compensation as required by this division, the security deposit…
- § 3701.7 Where any employer requesting coverage under a new or existing certificate of consent to self-insure has had a period of unlawful uninsurance, either for an…
- § 3701.8 (a) As an alternative to each private self-insuring employer securing its own incurred liabilities as provided in Section 3701, the director may provide by…
- § 3701.9 (a) A certificate of consent to self-insure shall not be issued after January 1, 2013, to any of the following: (1) A professional employer organization. (2) A…
- § 3702 (a) A certificate of consent to self-insure may be revoked by the director at any time for good cause after a hearing. Good cause includes, among other things,…
- § 3702.1 (a) No person, firm, or corporation, other than an insurer admitted to transact workers’ compensation insurance in this state, shall contract to administer…
- § 3702.2 (a) All self-insured employers shall file a self-insurer’s annual report in a form prescribed by the director. Public self-insured employers shall provide…
- § 3702.3 Failure to submit reports or information as deemed necessary by the director to implement the purposes of Section 3701, 3702, or 3702.2 may result in the…
- § 3702.5 (a) (1) The cost of administration of the public self-insured program by the Director of Industrial Relations shall be borne by the Workers’ Compensation…
- § 3702.6 (a) The director shall establish an audit program addressing the adequacy of estimates of future liability of claims for all private self-insured employers,…
- § 3702.7 A certificate of consent to administer claims of self-insured employers may be revoked by the director at any time for good cause after a hearing. Good cause…
- § 3702.8 (a) Employers who have ceased to be self-insured employers shall discharge their continuing obligations to secure the payment of workers’ compensation that…
- § 3702.9 (a) In addition to remedies and penalties otherwise provided for a failure to secure the payment of compensation, the director may, after a determination that…
- § 3702.10 The director, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend, and…
- § 3703 So long as the certificate has not been revoked, and the self-insurer maintains on deposit the requisite bond or securities, the self-insurer shall not be…
- § 3705 The Self-Insurers’ Security Fund or the surety making payment of compensation hereunder shall have the same preference over the other debts of the principal or…
- § 3706 If any employer fails to secure the payment of compensation, any injured employee or his dependents may bring an action at law against such employer for…
- § 3706.5 The provisions of this article and Sections 4553, 4554, and 4555, and any other penalty provided by law for failure to secure the payment of compensation for…
- § 3707 The injured employee or his dependents may in such action attach the property of the employer, at any time upon or after the institution of such action, in an…
- § 3708 In such action it is presumed that the injury to the employee was a direct result and grew out of the negligence of the employer, and the burden of proof is…
- § 3708.5 If an employee brings such an action for damages, the employee shall forthwith give a copy of the complaint to the Uninsured Employers Fund of the action by…
- § 3709 If, as a result of such action for damages, a judgment is obtained against the employer, any compensation awarded, paid, or secured by the employer shall be…
- § 3709.5 After the payment of attorney’s fees fixed by the court, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the…
ARTICLE 2. Uninsured Employers Fund §§ 3710–3733 · 33 sections
- § 3710 (a) The Director of Industrial Relations shall enforce the provisions of this article. The director may employ necessary investigators, clerks, and other…
- § 3710.1 Where an employer has failed to secure the payment of compensation as required by Section 3700, the director shall issue and serve on such employer a stop…
- § 3710.2 Failure of an employer, officer, or anyone having direction, management, or control of any place of employment or of employees to observe a stop order issued…
- § 3710.3 Whenever a stop order has been issued pursuant to Section 3710.1 to a motor carrier of property subject to the jurisdiction and control of the Department of…
- § 3711 The director, an investigator for the Department of Insurance Fraud Bureau or its successor, or a district attorney investigator assigned to investigate…
- § 3712 (a) The securing of the payment of compensation in a way provided in this division is essential to the functioning of the expressly declared social public…
- § 3714 (a) All cases involving the Uninsured Employers Fund or the Subsequent Injuries Fund as a party or involving death without dependents shall only be heard for…
- § 3715 (a) Any employee, except an employee as defined in subdivision (d) of Section 3351, whose employer has failed to secure the payment of compensation as required…
- § 3716 (a) If the employer fails to pay the compensation required by Section 3715 to the person entitled thereto, or fails to furnish the bond required by Section…
- § 3716.1 (a) In any hearing, investigation, or proceeding, the Attorney General, or attorneys of the Department of Industrial Relations, shall represent the director…
- § 3716.2 Notwithstanding the precise elements of an award of compensation benefits, and notwithstanding the claim and demand for payment being made therefor to the…
- § 3716.3 (a) Notwithstanding any other provision of law to the contrary, when the director obtains a judgment against an uninsured employer, the director may, in…
- § 3716.4 Whenever a final judgment has been entered against a motor carrier of property subject to the jurisdiction and control of the Department of Motor Vehicles or a…
- § 3716.5 In the payment of workers’ compensation benefits from the Uninsured Employers Fund, the director shall do the following: (a) Designate the job classifications…
- § 3717 (a) A findings and award that is the subject of a demand on the Uninsured Employers Fund or an approved compromise and release or stipulated findings and award…
- § 3717.1 In any claim in which an alleged uninsured employer is a corporation, the director may cause substantial shareholders and parents, as defined by Section 3717,…
- § 3717.2 Upon request of the director, the appeals board shall make findings of whether persons are substantial shareholders or parents, as defined in Section 3717. The…
- § 3718 The cause of action provided in Section 3717 and any cause of action arising out of Section 3722 may be joined in one action against an employer. The amount…
- § 3719 Any suit, action, proceeding, or award brought or made against any employer under Section 3717 may be compromised by the director, or such suit, action, or…
- § 3720 (a) When the appeals board or the director determines under Section 3715 or 3716 that an employer has not secured the payment of compensation as required by…
- § 3720.1 (a) In any claim in which the alleged uninsured employer is a corporation, for purposes of filing certificates of lien pursuant to Section 3720, the director…
- § 3720.2 (a) In a claim in which the uninsured employer or a substantial shareholder, as determined pursuant to this article, has caused to be recorded in a county a…
- § 3721 The director shall provide the employer with a certificate of cancellation of lien after the employer has paid to the claimant or to the Uninsured Employers…
- § 3722 (a) At the time the stop order is issued and served pursuant to Section 3710.1, the director shall also issue and serve a penalty assessment order requiring…
- § 3725 If an employer desires to contest a penalty assessment order, the employer shall file with the director a written request for a hearing within 15 days after…
- § 3726 (a) When no petition objecting to a penalty assessment order is filed, a certified copy of the order may be filed by the director in the office of the clerk of…
- § 3727 If the director determines pursuant to Section 3722 that an employer has failed to secure the payment of compensation as required by this division, the…
- § 3727.1 The director may withdraw a stop order or a penalty assessment order where investigation reveals the employer had secured the payment of compensation as…
- § 3728 (a) The director may draw from the State Treasury out of the Uninsured Employers Benefits Trust Fund for the purposes of Sections 3716 and 3716.1, without at…
- § 3730 When the last day for filing any instrument or other document pursuant to this chapter falls upon a Saturday, Sunday or other holiday, such act may be…
- § 3731 Any stop order or penalty assessment order may be personally served upon the employer either by (1) manual delivery of the order to the employer personally or…
- § 3732 (a) If compensation is paid or becomes payable from the Uninsured Employers Fund, whether as a result of a findings and award, award based upon stipulations,…
- § 3733 (a) The Legislature finds and declares that it is in the best interest of the State of California to provide a person, regardless of his or her citizenship or…
ARTICLE 2.5. Self-Insurers’ Security Fund §§ 3740–3747 · 8 sections
- § 3740 It is the intent of the Legislature in enacting this article and Article 1 (commencing with Section 3700) to provide for the continuation of workers’…
- § 3741 As used in this article: (a) “Director” means the Director of Industrial Relations. (b) “Private self-insurer” means a private employer which has secured the…
- § 3742 (a) The Self-Insurers’ Security Fund shall be established as a Nonprofit Mutual Benefit Corporation pursuant to Part 3 (commencing with Section 7110) of…
- § 3743 (a) Upon order of the director pursuant to Section 3701.5, the fund shall assume the workers’ compensation obligations of an insolvent self-insurer. (b)…
- § 3744 (a) (1) The fund shall have the right and obligation to obtain reimbursement from an insolvent self-insurer up to the amount of the self-insurer’s workers’…
- § 3745 (a) The fund shall maintain cash, readily marketable securities, or other assets, or a line of credit, approved by the director, sufficient to immediately…
- § 3746 The fund shall annually contract for an independent certified audit of the financial activities of the fund. An annual report on the financial status of the…
- § 3747 This article shall be known and may be referred to as the “Young-La Follette Self-Insurers’ Security Act.”
ARTICLE 3. Insurance Rights and Privileges §§ 3750–3762 · 13 sections
- § 3750 Nothing in this division shall affect: (a) The organization of any mutual or other insurer. (b) Any existing contract for insurance. (c) The right of the…
- § 3751 (a) No employer shall exact or receive from any employee any contribution, or make or take any deduction from the earnings of any employee, either directly or…
- § 3752 Liability for compensation shall not be reduced or affected by any insurance, contribution or other benefit whatsoever due to or received by the person…
- § 3753 The person entitled to compensation may, irrespective of any insurance or other contract, except as otherwise provided in this division, recover such…
- § 3754 Except as provided in paragraph (12) of subdivision (f) of Section 1202.4 of the Penal Code, payment, in whole or in part, of compensation by either the…
- § 3755 If the employer is insured against liability for compensation, and if after the suffering of any injury the insurer causes to be served upon any compensation…
- § 3756 If at the time of the suffering of a compensable injury, the employer is insured against liability for the full amount of compensation payable, he may cause to…
- § 3757 If it thereafter appears to the satisfaction of the appeals board that the insurer has assumed the liability for compensation, the employer shall thereupon be…
- § 3758 A proceeding to obtain compensation shall not abate on account of substitution of the insurer in place of the employer and on account of the dismissal of the…
- § 3759 The appeals board may enter its order relieving the employer from liability where it appears from the pleadings, stipulations, or proof that an insurer joined…
- § 3760 Every employer who is insured against any liability imposed by this division shall file with the insurer a complete report of every injury to each employee as…
- § 3761 (a) An insurer securing an employer’s liability under this division shall notify the employer, within 15 days, of each claim for indemnity filed against the…
- § 3762 (a) Except as provided in subdivisions (b) and (c), the insurer shall discuss all elements of the claim file that affect the employer’s premium with the…
ARTICLE 4. Construction Permit § 3800 · 1 section
- § 3800 (a) Every county or city which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair…
ARTICLE 5. Workers’ Compensation Misrepresentations §§ 3820–3823 · 3 sections
- § 3820 (a) In enacting this section, the Legislature declares that there exists a compelling interest in eliminating fraud in the workers’ compensation system. The…
- § 3822 The administrative director shall, on an annual basis, provide to every employer, claims adjuster, third party administrator, physician, and attorney who…
- § 3823 (a) The administrative director, in coordination with the Bureau of Fraudulent Claims of the Department of Insurance, the Medi-Cal Fraud Task Force, and the…
CHAPTER 5. Subrogation of Employer §§ 3850–3865 · 15 sections
- § 3850 As used in this chapter: (a) “Employee” includes the person injured and any other person to whom a claim accrues by reason of the injury or death of the…
- § 3851 The death of the employee or of any other person, does not abate any right of action established by this chapter.
- § 3852 (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action…
- § 3853 If either the employee or the employer brings an action against such third person, he shall forthwith give to the other a copy of the complaint by personal…
- § 3854 If the action is prosecuted by the employer alone, evidence of any amount which the employer has paid or become obligated to pay by reason of the injury or…
- § 3855 If the employee joins in or prosecutes such action, either the evidence of the amount of disability indemnity or death benefit paid or to be paid by the…
- § 3856 In the event of suit against such third party: (a) If the action is prosecuted by the employer alone, the court shall first order paid from any judgment for…
- § 3857 The court shall, upon further application at any time before the judgment is satisfied, allow as a further lien the amount of any expenditures of the employer…
- § 3858 (a) Except as provided in subdivision (b), after payment of litigation expenses and attorney’s fees fixed by the court pursuant to Section 3856 and payment of…
- § 3859 (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not valid…
- § 3860 (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto…
- § 3861 (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability…
- § 3862 (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an…
- § 3864 If an action as provided in this chapter prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such…
- § 3865 Any judgment or settlement of an action as provided for in this chapter is, upon notice to the court, subject to the same lien claims of the Employment…
CHAPTER 7. Medical Examinations §§ 4050–4068 · 23 sections
- § 4050 Whenever the right to compensation under this division exists in favor of an employee, he shall, upon the written request of his employer, submit at reasonable…
- § 4051 The request or order for the medical examination shall fix a time and place therefor, due consideration being given to the convenience of the employee and his…
- § 4052 The employee may employ at his own expense a physician, to be present at any examination required by his employer.
- § 4053 So long as the employee, after written request of the employer, fails or refuses to submit to such examination or in any way obstructs it, his right to begin…
- § 4054 If the employee fails or refuses to submit to examination after direction by the appeals board, or a referee thereof, or in any way obstructs the examination,…
- § 4055 Any physician who makes or is present at any such examination may be required to report or testify as to the results thereof.
- § 4055.2 Any party who subpoenas records in any proceeding under this division shall concurrent with service of the subpoena upon the person who has possession of the…
- § 4056 No compensation is payable in case of the death or disability of an employee when his death is caused, or when and so far as his disability is caused,…
ARTICLE 2. Determination of Medical Issues §§ 4060–4068 · 15 sections
- § 4060 (a) This section shall apply to disputes over the compensability of any injury. This section shall not apply where injury to any part or parts of the body is…
- § 4061 This section shall not apply to the employee’s dispute of a utilization review decision under Section 4610, nor to the employee’s dispute of the medical…
- § 4061.5 The treating physician primarily responsible for managing the care of the injured worker or the physician designated by that treating physician shall, in…
- § 4062 (a) If either the employee or employer objects to a medical determination made by the treating physician concerning any medical issues not covered by Section…
- § 4062.1 (a) If an employee is not represented by an attorney, the employer shall not seek agreement with the employee on an agreed medical evaluator, nor shall an…
- § 4062.2 (a) Whenever a comprehensive medical evaluation is required to resolve any dispute arising out of an injury or a claimed injury occurring on or after January…
- § 4062.3 (a) Any party may provide to the qualified medical evaluator selected from a panel any of the following information: (1) Records prepared or maintained by the…
- § 4062.4 (a) (1) The administrative director shall develop and make available a template qualified medical evaluator (QME) report form, which shall include all…
- § 4062.5 If a qualified medical evaluator selected from a panel fails to complete the formal medical evaluation within the timeframes established by the administrative…
- § 4062.8 The administrative director shall develop, not later than January 1, 2004, and periodically revise as necessary thereafter, educational materials to be used to…
- § 4063 If a formal medical evaluation from an agreed medical evaluator or a qualified medical evaluator selected from a three member panel resolves any issue so as to…
- § 4064 (a) The employer shall be liable for the cost of each reasonable and necessary comprehensive medical-legal evaluation obtained by the employee pursuant to…
- § 4067 If the jurisdiction of the appeals board is invoked pursuant to Section 5803 upon the grounds that the effects of the injury have recurred, increased,…
- § 4067.5 This article shall become operative for injuries occurring on and after January 1, 1991.
- § 4068 (a) Upon determining that a treating physician’s report contains opinions that are the result of conjecture, are not supported by adequate evidence, or that…
CHAPTER 8. Election to Be Subject to Compensation Liability §§ 4150–4157 · 8 sections
- § 4150 When an employer has in his employment any person not included within the term “employee” as defined by Article 2 of Chapter 2 of Part 1 of this division or a…
- § 4151 Election on the part of the employer shall be made in one of the following ways: (a) By insuring against liability for compensation, in which case he is…
- § 4152 The statement, when filed, shall operate, within the meaning of Chapter 3 (commencing with Section 3600), to subject him or her to the compensation provisions…
- § 4153 Such statement of acceptance includes persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of the…
- § 4154 Where any employer has made an election in either of the modes above prescribed, any person in his service is deemed to have accepted the compensation…
- § 4155 The State and each county, city, district, and public agency thereof and all State institutions are conclusively presumed to have elected to come within the…
- § 4156 Liability for compensation does not attach to any employer of a person excluded by paragraph (8) of subdivision (a) of Section 3352 from the definition of…
- § 4157 Where any employer has made an election pursuant to this chapter to include under the compensation provisions of this division an independent contractor…
CHAPTER 9. Economic Opportunity Programs §§ 4201–4229 · 17 sections
ARTICLE 1. General Provisions §§ 4201–4209 · 9 sections
- § 4201 It is the intent of this chapter to apply to all enrollees in economic opportunity programs, including, but not limited to, work training or work study…
- § 4202 “Economic Opportunity Program” means any program adopted pursuant to Public Law 88-452, including, but not limited to, work training and work study.
- § 4203 “Enrollee” means any person enrolled in an economic opportunity program.
- § 4204 “Sponsoring agency” means any agency, entity, or institution, public or private, receiving grants or financial assistance, either directly or as a…
- § 4205 “Participating agency” means any agency, entity or institution, public or private, taking part in an economic opportunity program, other than a sponsoring…
- § 4206 Except as provided in this chapter, an enrollee within a given economic opportunity program shall have no right to receive compensation from sponsoring or…
- § 4207 Compensation shall be furnished an enrollee for injury or to dependents if injury causes death, suffered within or without the state occurring in the course of…
- § 4208 Where the conditions of compensation exist, the right to recover such compensation pursuant to the provisions of this chapter is the exclusive remedy for…
- § 4209 Insofar as not inconsistent with the provisions of this chapter, all of the provisions of this division shall pertain to enrollees and their dependents and the…
ARTICLE 2. Benefits §§ 4211–4214 · 4 sections
- § 4211 Where liability for compensation exists, such compensation shall be provided as limited by this chapter.
- § 4212 If an enrollee suffers injury or death in the performance of his duties under an economic opportunity program, then, irrespective of his remuneration from this…
- § 4213 If the injury sustained by an enrollee causes permanent disability, the percentage of disability to total disability shall be determined for the occupation of…
- § 4214 In addition to death benefit in the event of fatal injury, the reasonable expenses of the enrollee’s burial shall be paid not to exceed six hundred dollars…
ARTICLE 3. Adjustment of Claims §§ 4226–4229 · 4 sections
- § 4226 Should the United States government or any agent thereof, pursuant to federal statute, rule or regulations furnish benefits to enrollees or dependents of…
- § 4227 If the United States government or any agent thereof furnishes medical treatment to an injured enrollee, the enrollee will have no right to receive the same or…
- § 4228 If the furnishing of medical treatment by the United States government or its agent takes the form of reimbursement of the enrollee, he shall have no right to…
- § 4229 If the furnishing of compensation benefits to an enrollee or his dependents under this chapter prevents such enrollee or his dependents from receiving benefits…
CHAPTER 10. Disaster Service Workers §§ 4350–4355 · 6 sections
- § 4350 The Office of Emergency Services shall administer this chapter as it relates to volunteer disaster service workers.
- § 4351 Compensation provided by this division is the exclusive remedy of a disaster service worker, or his or her dependents, for injury or death arising out of, and…
- § 4352 (a) No compensation shall be paid or furnished to a disaster service worker or a dependent of a disaster service worker pursuant to this division absent an…
- § 4353 If a disaster service worker suffers injury or death while in the performance of duties as a disaster service worker, then, irrespective of his or her…
- § 4354 If the injury sustained by a disaster service worker causes permanent disability, the percentage of disability to total disability shall be determined as for…
- § 4355 (a) Should the United States Government or any agent thereof, in accordance with any federal statute, rule, or regulation, furnish monetary assistance,…
CHAPTER 11. Asbestos Workers’ Account §§ 4401–4418 · 21 sections
ARTICLE 1. General Provisions §§ 4401–4406 · 6 sections
- § 4401 It is the declared policy of the state that qualified injured workers with asbestosis which arises out of and occurs in the course of employment shall receive… see note
- § 4402 (a) “Asbestosis” means any pathology, whether or not combined with preexisting pathology, which results in disability or need for medical treatment from… see note
- § 4403 The Asbestos Workers’ Account is hereby created in the Uninsured Employers Fund in the State Treasury, and shall be administered by the Director of Industrial… see note
- § 4404 Insofar as not inconsistent with the provisions of this chapter, all of the provisions of this division shall pertain to asbestos workers and their dependents… see note
- § 4405 Where the conditions of compensation exist under this division the right to recover workers’ compensation asbestos workers’ benefits pursuant to the provisions… see note
- § 4406 (a) Payments as advances on workers’ compensation asbestos workers’ benefits shall be furnished an asbestos worker for injury resulting in asbestosis, or the… see note
ARTICLE 2. Benefits §§ 4407–4411 · 8 sections
- § 4407 When the account determines that the conditions in Section 4406 have occurred, payments as advances on workers’ compensation asbestos workers’ benefits shall… see note
- § 4407.3 For purposes of this chapter, the death benefit shall be paid in installments in the same manner and amounts as temporary disability indemnity. see note
- § 4407.5 Benefits provided by this chapter shall not be commuted into a lump-sum payment. see note
- § 4408 Prior to seeking compensation benefits under this chapter, the asbestos worker shall first make claim on the employer or its workers’ compensation insurance… see note
- § 4409 The Director of Industrial Relations, or his or her representative, shall assign investigative and claims adjustment services respecting matters concerning… see note
- § 4409.5 The administrative director shall appoint workers’ compensation judges and support staff who shall give priority to the processing of the claims of asbestos… see note
- § 4410 The administrative director shall appoint at least two information and assistance officers who shall give priority to assisting asbestos workers pursuant to… see note
- § 4411 (a) When a claim is made against the Asbestos Workers’ Account, the account shall secure appropriate information, adjust the claim, and pay benefits provided… see note
ARTICLE 3. Collections §§ 4412–4418 · 7 sections
- § 4412 The Asbestos Workers’ Account shall take all reasonable and appropriate action to insure that recovery is made by the account for all moneys paid as… see note
- § 4413 No limitation of time provided by this division shall run against the Asbestos Workers’ Account to initiate proceedings before the Workers’ Compensation… see note
- § 4414 Immediately following the receipt of knowledge of initiation of proceedings before the Workers’ Compensation Appeals Board, or any other jurisdiction providing… see note
- § 4415 In any hearing or proceeding, the Director of Industrial Relations may use attorneys from within the department, or the Attorney General, to represent the… see note
- § 4416 Once an agreement as to the responsible employer is reached, or a decision is issued by the Workers’ Compensation Appeals Board and becomes final, the Asbestos… see note
- § 4417 Nothing in this chapter shall be construed to preclude the filing by an asbestos worker of a claim or suit for damages or indemnity against any person other… see note
- § 4418 The provisions of this chapter providing for the payment of workers’ compensation asbestos workers’ benefits from the Asbestos Workers’ Account shall be…
PART 2. COMPUTATION OF COMPENSATION §§ 4451–4856 · 165 sections
CHAPTER 1. Average Earnings §§ 4451–4459 · 13 sections
- § 4451 Average annual earnings shall be taken as fifty-two times the average weekly earnings referred to in this chapter.
- § 4452 Four times the average annual earnings shall be taken at not less than four thousand eight hundred dollars and sixty-four cents ($4,800.64) nor more than…
- § 4452.5 As used in this division: (a) “Permanent total disability” means a permanent disability with a rating of 100 percent permanent disability only. (b) “Permanent…
- § 4453 (a) In computing average annual earnings for the purposes of temporary disability indemnity and permanent total disability indemnity only, the average weekly…
- § 4453.5 Benefits payable on account of an injury shall not be affected by a subsequent statutory change in amounts of indemnity payable under this division, and shall…
- § 4454 In determining average weekly earnings within the limits fixed in Section 4453, there shall be included overtime and the market value of board, lodging, fuel,…
- § 4455 If the injured employee is under 18 years of age, and his or her incapacity is permanent, his or her average weekly earnings shall be deemed, within the limits…
- § 4456 Where any employee is injured while engaged on any unemployment work relief program conducted by the State, or a political subdivision, or any State or…
- § 4457 In the event the average weekly earnings of workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of…
- § 4458 If a member registered as an active firefighting member of any regularly organized volunteer fire department as described in Section 3361 suffers injury or…
- § 4458.2 If an active peace officer of any department as described in Section 3362 suffers injury or death while in the performance of his or her duties as a peace…
- § 4458.5 If a member suffers “an injury” following termination of active service, and within the time prescribed in Section 3212, 3212.2, 3212.3, 3212.4, 3212.5,…
- § 4459 The fact that an employee has suffered a previous disability, or received compensation therefor, does not preclude him from compensation for a later injury, or…
CHAPTER 2. Compensation Schedules §§ 4550–4856 · 152 sections
ARTICLE 1. General Provisions §§ 4550–4558 · 11 sections
- § 4550 Where liability for compensation exists under this division, such compensation shall be furnished or paid by the employer and shall be as provided in this…
- § 4551 Where the injury is caused by the serious and willful misconduct of the injured employee, the compensation otherwise recoverable therefor shall be reduced…
- § 4552 The reduction of compensation because of the serious and willful misconduct of an employee is not enforceable, valid, or binding in any respect until the…
- § 4553 The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250),…
- § 4553.1 In order to support a holding of serious and willful misconduct by an employer based upon violation of a safety order, the appeals board must specifically find…
- § 4554 In case of the willful failure by an employer to secure the payment of compensation, the amount of compensation otherwise recoverable for injury or death as…
- § 4555 In case of failure by an employer to secure the payment of compensation, the appeals board may award a reasonable attorney’s fee in addition to the amount of…
- § 4555.5 Whenever a petition to reduce an award, based upon a permanent disability rating which has become final, is denied, the appeals board may order the petitioner…
- § 4556 The increases provided for by this article shall not be limited by the provisions of Chapter 1 of this part relating to maximum amounts in the computation of…
- § 4557 Where the injury is to an employee under 16 years of age and illegally employed at the time of injury, the entire compensation otherwise recoverable shall be…
- § 4558 (a) As used in this section: (1) “Employer” means a named identifiable person who is, prior to the time of the employee’s injury or death, an owner or…
ARTICLE 2. Medical and Hospital Treatment §§ 4600–4615 · 34 sections
- § 4600 (a) Medical, surgical, chiropractic, acupuncture, licensed clinical social worker, and hospital treatment, including nursing, medicines, medical and surgical…
- § 4600.05 (a) An employer, as defined in Section 3300, shall provide immediate support from a nurse case manager for employees injured by an act of domestic terrorism,…
- § 4600.1 (a) Subject to subdivision (b), any person or entity that dispenses medicines and medical supplies, as required by Section 4600, shall dispense the generic…
- § 4600.2 (a) Notwithstanding Section 4600, if a self-insured employer, group of self-insured employers, insurer of an employer, or group of insurers contracts with a…
- § 4600.3 (a) (1) Notwithstanding Section 4600, when a self-insured employer, group of self-insured employers, or the insurer of an employer contracts with a health care…
- § 4600.35 Any entity seeking to reimburse health care providers for health care services rendered to injured workers on a capitated, or per person per month basis, shall…
- § 4600.4 (a) A workers’ compensation insurer, third-party administrator, or other entity that requires, or pursuant to regulation requires, a treating physician to…
- § 4600.5 (a) Any health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act, a disability insurer licensed by the Department of…
- § 4600.6 Any workers’ compensation insurer, third-party administrator, or other entity seeking certification as a health care organization under subdivision (e) of…
- § 4600.7 (a) The Workers’ Compensation Managed Care Fund is hereby created in the State Treasury for the administration of Sections 4600.3 and 4600.5 by the Division of…
- § 4601 (a) If the employee so requests, the employer shall tender the employee one change of physician. The employee at any time may request that the employer tender…
- § 4602 If the employee so requests, the employer shall procure certification by either the administrative director or the appeals board as the case may be of the…
- § 4603 If the employer desires a change of physicians or chiropractor, he may petition the administrative director who, upon a showing of good cause by the employer,…
- § 4603.2 (a) (1) Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of…
- § 4603.3 (a) Upon payment, adjustment, or denial of a complete or incomplete itemization of medical services, an employer shall provide an explanation of review in the…
- § 4603.4 (a) The administrative director shall adopt rules and regulations to do all of the following: (1) Ensure that all health care providers and facilities submit…
- § 4603.5 The administrative director shall adopt rules pertaining to the format and content of notices required by this article; define reasonable geographic areas for…
- § 4603.6 (a) If the only dispute is the amount of payment and the provider has received a second review that did not resolve the dispute, the provider may request an…
- § 4604 Controversies between employer and employee arising under this chapter shall be determined by the appeals board, upon the request of either party, except as…
- § 4604.5 (a) The recommended guidelines set forth in the medical treatment utilization schedule adopted by the administrative director pursuant to Section 5307.27 shall…
- § 4605 Nothing contained in this chapter shall limit the right of the employee to provide, at his or her own expense, a consulting physician or any attending…
- § 4606 Any county, city and county, city, school district, or other public corporation within the state which was a self-insured employer under the “Workmen’s…
- § 4607 Where a party to a proceeding institutes proceedings to terminate an award made by the appeals board to an applicant for continuing medical treatment and is…
- § 4608 No workers’ compensation insurer, self-insured employer, or agent of an insurer or self-insured employer, shall refuse to pay pharmacy benefits solely because…
- § 4609 (a) In order to prevent the improper selling, leasing, or transferring of a health care provider’s contract, it is the intent of the Legislature that every…
- § 4610 (a) For purposes of this section, “utilization review” means utilization review or utilization management functions that prospectively, retrospectively, or…
- § 4610.1 An employee shall not be entitled to an increase in compensation under Section 5814 for unreasonable delay in the provision of medical treatment for periods of…
- § 4610.3 (a) Regardless of whether an employer has established a medical provider network pursuant to Section 4616 or entered into a contract with a health care…
- § 4610.5 (a) This section applies to the following disputes: (1) Any dispute over a utilization review decision regarding treatment for an injury occurring on or after…
- § 4610.6 (a) Upon receipt of a case pursuant to Section 4610.5, an independent medical review organization shall conduct the review in accordance with this article and…
- § 4611 (a) When a contracting agent sells, leases, or transfers a health provider’s contract to a payor, the rights and obligations of the provider shall be governed…
- § 4614 (a) (1) Notwithstanding Section 5307.1, where the employee’s individual or organizational provider of health care services rendered under this division and…
- § 4614.1 Notwithstanding subdivision (f) of Section 1345 of the Health and Safety Code, a health care service plan licensed pursuant to the Knox-Keene Health Care…
- § 4615 (a) Upon the filing of criminal charges against a physician, practitioner, or provider for any crime described in subparagraph (A) of paragraph (1) of…
ARTICLE 2.3. Medical Provider Networks §§ 4616–4616.7 · 8 sections
- § 4616 (a) (1) An insurer, employer, or entity that provides physician network services may establish or modify a medical provider network for the provision of…
- § 4616.1 (a) An insurer, employer, or entity that provides physician network services that offers a medical provider network under this division and that uses economic…
- § 4616.2 (a) A medical provider network shall file a written continuity of care policy with the administrative director. (b) If approved by the administrative director,…
- § 4616.3 (a) If the injured employee notifies the employer of the injury or files a claim for workers’ compensation with the employer, the employer shall arrange an…
- § 4616.4 (a) (1) The administrative director shall contract with individual physicians, as described in paragraph (2), or an independent medical review organization to…
- § 4616.5 (a) For purposes of this article, “employer” means a self-insured employer, joint powers authority, or the state. (b) For purposes of this article, “entity…
- § 4616.6 No additional examinations shall be ordered by the appeals board and no other reports shall be admissable to resolve any controversy arising out of this…
- § 4616.7 (a) A health care organization certified pursuant to Section 4600.5 shall be deemed approved pursuant to this article if the requirements of this article are…
ARTICLE 2.5. Medical-Legal Expenses §§ 4620–4628 · 7 sections
- § 4620 (a) For purposes of this article, a medical-legal expense means any costs and expenses incurred by or on behalf of any party, the administrative director, or…
- § 4621 (a) In accordance with the rules of practice and procedure of the appeals board, the employee, or the dependents of a deceased employee, shall be reimbursed…
- § 4622 All medical-legal expenses for which the employer is liable shall, upon receipt by the employer of all reports and documents required by the administrative…
- § 4625 (a) Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the…
- § 4626 All charges for X-rays, laboratory services, and other diagnostic tests provided in connection with an industrial medical-legal evaluation shall be billed in…
- § 4627 The board and the administrative director may promulgate such reasonable rules and regulations as may be necessary to interpret this article and compel…
- § 4628 (a) Except as provided in subdivision (c), no person, other than the physician who signs the medical-legal report, except a nurse performing those functions…
ARTICLE 3. Disability Payments §§ 4650–4664 · 25 sections
- § 4650 (a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the…
- § 4650.5 Notwithstanding Section 4650, in the case of state civil service employees, employees of the Regents of the University of California, and employees of the…
- § 4651 (a) (1) A disability indemnity payment shall not be made by any written instrument unless it is immediately negotiable and payable in cash, on demand, without…
- § 4651.1 Where a petition is filed with the appeals board concerning a continuing award of such appeals board, in which it is alleged that the disability has decreased…
- § 4651.2 No petitions filed under Section 4651.1 shall be granted while the injured workman is pursuing a rehabilitation plan under Section 139.5 of this code.
- § 4651.3 Where a petition is filed with the appeals board pursuant to the provisions of Section 4651.1, and is subsequently denied wholly by the appeals board, the…
- § 4652 Except as otherwise provided by Section 4650.5, no temporary disability indemnity is recoverable for the disability suffered during the first three days after…
- § 4653 If the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of such disability,…
- § 4654 If the injury causes temporary partial disability, the disability payment is two-thirds of the weekly loss in wages during the period of such disability.…
- § 4655 If the injury causes temporary disability which is at times total and at times partial, the weekly disability payment during the period of each total or…
- § 4656 (a) Aggregate disability payments for a single injury occurring prior to January 1, 1979, causing temporary disability shall not extend for more than 240…
- § 4657 In case of temporary partial disability the weekly loss in wages shall consist of the difference between the average weekly earnings of the injured employee…
- § 4658 (a) For injuries occurring prior to January 1, 1992, if the injury causes permanent disability, the percentage of disability to total disability shall be…
- § 4658.1 As used in this article, the following definitions apply: (a) “Regular work” means the employee’s usual occupation or the position in which the employee was…
- § 4658.5 (a) This section shall apply to injuries occurring on or after January 1, 2004, and before January 1, 2013. (b) Except as provided in Section 4658.6, if the…
- § 4658.6 The employer shall not be liable for the supplemental job displacement benefit pursuant to Section 4658.5 if the employer meets either of the following…
- § 4658.7 (a) This section shall apply to injuries occurring on or after January 1, 2013. (b) If the injury causes permanent partial disability, the injured employee…
- § 4659 (a) If the permanent disability is at least 70 percent, but less than 100 percent, 1.5 percent of the average weekly earnings for each 1 percent of disability…
- § 4660 This section shall only apply to injuries occurring before January 1, 2013. (a) In determining the percentages of permanent disability, account shall be taken…
- § 4660.1 This section applies to injuries occurring on or after January 1, 2013. (a) In determining the percentages of permanent partial or permanent total disability,…
- § 4661 Where an injury causes both temporary and permanent disability, the injured employee is entitled to compensation for any permanent disability sustained by him…
- § 4661.5 Notwithstanding any other provision of this division, when any temporary total disability indemnity payment is made two years or more from the date of injury,…
- § 4662 (a) Any of the following permanent disabilities shall be conclusively presumed to be total in character: (1) Loss of both eyes or the sight thereof. (2) Loss…
- § 4663 (a) Apportionment of permanent disability shall be based on causation. (b) A physician who prepares a report addressing the issue of permanent disability due…
- § 4664 (a) The employer shall only be liable for the percentage of permanent disability directly caused by the injury arising out of and occurring in the course of…
ARTICLE 4. Death Benefits §§ 4700–4709 · 13 sections
- § 4700 The death of an injured employee does not affect the liability of the employer under Articles 2 (commencing with Section 4600) and 3 (commencing with Section…
- § 4701 If an injury causes death, either with or without disability, the employer shall be liable, in addition to any other benefits provided by this division, for…
- § 4702 (a) Except as otherwise provided in this section and Sections 4553, 4554, 4557, and 4558, and notwithstanding any amount of compensation paid or otherwise…
- § 4703 Subject to the provisions of Section 4704, this section shall determine the right to a death benefit. If there is any person wholly dependent for support upon…
- § 4703.5 (a) In the case of one or more totally dependent children, as defined in Section 3501, after payment of the amount specified in Section 4702, and…
- § 4703.6 The provisions of Section 4703.5 shall also apply to a totally dependent minor child of a local safety member as defined in Article 4 (commencing with Section…
- § 4704 The appeals board may set apart or reassign the death benefit to any one or more of the dependents in accordance with their respective needs and in a just and…
- § 4705 The person to whom the death benefit is paid for the use of the several beneficiaries shall apply it in compliance with the findings and directions of the…
- § 4706 (a) If a dependent beneficiary of any deceased employee dies and there is no surviving dependent, the payments of the death benefit accrued and payable at the…
- § 4706.5 (a) Whenever any fatal injury is suffered by an employee under circumstances that would entitle the employee to compensation benefits, but for their death, and…
- § 4707 (a) Except as provided in subdivision (b), no benefits, except reasonable expenses of burial not exceeding one thousand dollars ($1,000), shall be awarded…
- § 4708 Upon application of any party in interest for a death benefit provided by this division on the death of an employee member of the Public Employees’ Retirement…
- § 4709 (a) Notwithstanding any other law, a dependent of a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36,
ARTICLE 4.5. Public Official Death Benefits §§ 4720–4728 · 9 sections
- § 4720 As used in this article: (a) “Elected public official” means any person other than the President or Vice President of the United States who holds any federal,…
- § 4721 The surviving spouse or dependent minor children of an elected public official who is killed by assassination shall be entitled to a special death benefit…
- § 4722 If the deceased elected public official is survived by a spouse with or without dependent minor children, such special death benefit shall be payable to the…
- § 4723 The person or persons to whom the special death benefit is payable pursuant to Section 4722 shall, within one year of the date of death of the elected public…
- § 4724 The person or persons to whom the special death benefit is payable pursuant to Section 4722 shall file a claim therefor with the Department of General…
- § 4725 The State Compensation Insurance Fund shall be the disbursing agent for payments made pursuant to this article and shall receive a fee for its services to be…
- § 4726 The Department of General Services and the Administrative Director of the Division of Workers’ Compensation shall jointly adopt rules and regulations as may be…
- § 4727 Any person who is convicted of any crime in connection with the assassination of an elected public official shall not be eligible for any benefits pursuant to…
- § 4728 (a) A dependent of an elected public official, who was intentionally killed while holding office, in retaliation for, or to prevent the performance of, an…
ARTICLE 5. Subsequent Injuries Payments §§ 4750–4758 · 13 sections
- § 4750 For the purposes of this article, the following terms have the following meanings: (a) “Administrative director” means the Administrative Director of the…
- § 4751 (a) If an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that…
- § 4753 (a) (1) SIBTF benefits are not in addition to but shall be reduced to the extent of any monetary payments received by the employee, from any source whatsoever,…
- § 4753.5 In any hearing, investigation, or proceeding, the state shall be represented by the Attorney General, or the attorneys of the Department of Industrial…
- § 4754 (a) The appeals board shall fix and award the amounts of SIBTF benefits to be paid under this article, and shall direct the director, as trustee or…
- § 4754.1 (a) This section shall apply to all compensable subsequent injuries for which there has not been a final determination of SIBTF liability as of the date this…
- § 4754.2 An application for SIBTF benefits under this article shall be made five years from the date of the subsequent industrial injury described in subdivision (a) of…
- § 4754.3 (a) SIBTF shall not be liable for the payment of interest on any awards or order for payment of attorney’s fees. (b) SIBTF shall not be liable for any…
- § 4754.5 Nothing in this article shall impair the right of the Attorney General or the Department of Industrial Relations to release by compromise any claims brought…
- § 4755 (a) The director may draw from the State Treasury out of the Subsequent Injuries Benefits Trust Fund for the purposes specified in Section 4751, without at the…
- § 4756 (a) The Legislature finds and declares that it is in the best interest of the State of California to provide a person, regardless of their citizenship or…
- § 4757 (a) The Legislature finds and declares that the changes made by the act that added this section are procedural and shall apply to all claims for SIBTF…
- § 4758 (a) This section applies to a claim for SIBTF benefits that meets any of the following criteria: (1) Prior to June 1, 2026, the Workers’ Compensation Appeals…
ARTICLE 6. Special Payments to Certain Persons §§ 4800–4820 · 21 sections
- § 4800 (a) Whenever any member of the Department of Justice falling within the “state peace officer/firefighter” class is disabled by injury arising out of and in the…
- § 4800.5 (a) Whenever any sworn member of the Department of the California Highway Patrol is disabled by a single injury, excluding disabilities that are the result of…
- § 4801 It shall be the duty of the appeals board to determine in the case of members of the California Highway Patrol, upon request of the Department of the…
- § 4802 Any such member of the California Highway Patrol or Department of Justice, or any such harbor policeman, so disabled is entitled from the date of injury and…
- § 4803 Whenever such disability of such member of the California Highway Patrol, or Department of Justice, or of such harbor policeman, continues for a period beyond…
- § 4804 No disability indemnity shall be paid to said member of the California Highway Patrol or harbor policeman as temporary disability concurrently with wages or…
- § 4804.1 Whenever any member of a University of California fire department specified in Section 3212.4 falling within the active “firefighting and prevention service”…
- § 4804.2 It shall be the duty of the appeals board to determine in the case of members of a University of California fire department specified in Section 4804. 1, upon…
- § 4804.3 Any such member of a University of California fire department specified in Section 4804.1, so disabled is entitled from the date of injury and regardless of…
- § 4804.4 Whenever such disability of such member of a University of California fire department, specified in Section 4804.1, continues for a period beyond one year,…
- § 4804.5 No disability indemnity shall be paid to said member of a University of California fire department, specified in Section 4804.1, as temporary disability…
- § 4806 Whenever any member of the University of California Police Department falling within the “law enforcement” class is disabled by injury arising out of and in…
- § 4807 It shall be the duty of the appeals board to determine, in the case of members of the University of California Police Department, upon the request of the…
- § 4808 Any such member of the University of California Police Department so disabled is entitled from the date of injury, and regardless of retirement under either…
- § 4809 Whenever such disability of such member of the University of California Police Department continues for a period beyond one year, such member shall thereafter…
- § 4810 No disability indemnity shall be paid to such member of the University of California Police Department as temporary disability concurrently with wages or…
- § 4811 (a) Whenever any member of State Bargaining Unit 8 employed by the Department of Forestry and Fire Protection is disabled by injury arising out of and in the…
- § 4816 Pursuant to a collective bargaining agreement applicable to members of the California State University Police Department, whenever any member of that police…
- § 4817 It shall be the duty of the appeals board to determine, in the case of members of the California State University Police Department, upon the request of the…
- § 4819 Whenever the disability of a member of the California State University Police Department continues for a period beyond one year, that member shall thereafter…
- § 4820 No disability indemnity shall be paid to a member of the California State University Police Department as temporary disability concurrently with wages or…
ARTICLE 7. City Police and Firemen, Sheriffs, and Others §§ 4850–4856 · 11 sections
- § 4850 (a) Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by…
- § 4850.3 A city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System, is subject to the County Employees Retirement…
- § 4850.4 (a) A city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System, is subject to the County Employees…
- § 4850.5 Any firefighter employed by the County of San Luis Obispo, and the sheriff or any officer or employee of the sheriff’s office of the County of San Luis Obispo,…
- § 4850.7 (a) Any firefighter employed by a dependent or independent fire district may be entitled to the benefits of this article, if otherwise entitled to these…
- § 4851 The governing body of any city, county, or city and county, in addition to anyone else properly entitled, including the Public Employees’ Retirement System,…
- § 4852 The provisions of this article do not diminish or affect the right of any such officer or employee to the medical, surgical, and hospital benefits prescribed…
- § 4853 Whenever such disability of any such officer or employee continues for a period beyond one year, such member shall thereafter be subject as to disability…
- § 4854 No disability indemnity shall be paid to any such officer or employee concurrently with wages or salary payments.
- § 4855 This article shall not be applicable to individuals who are appointed as reserve public safety employees and are deemed to be employees of a county, city, town…
- § 4856 (a) Whenever any local employee who is a firefighter, peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal…
PART 3. COMPENSATION CLAIMS §§ 4900–5106 · 38 sections
CHAPTER 1. Payment and Assignment §§ 4900–4909.1 · 22 sections
- § 4900 No claim for compensation, except as provided in Section 96, is assignable before payment, but this provision does not affect the survival thereof.
- § 4901 No claim for compensation nor compensation awarded, adjudged, or paid, is subject to be taken for the debts of the party entitled to such compensation except…
- § 4902 No compensation, whether awarded or voluntarily paid, shall be paid to any attorney at law or in fact or other agent, but shall be paid directly to the…
- § 4903 The appeals board may determine, and allow as liens against any sum to be paid as compensation, any amount determined as hereinafter set forth in subdivisions…
- § 4903.05 (a) Every lien claimant shall file its lien with the appeals board in writing upon a form approved by the appeals board. The lien shall be accompanied by a…
- § 4903.06 (a) Any lien filed pursuant to subdivision (b) of Section 4903 prior to January 1, 2013, and any cost that was filed as a lien prior to January 1, 2013, shall…
- § 4903.07 (a) A lien claimant shall be entitled to an order or award for reimbursement from the employer of a lien filing fee or lien activation fee, together with…
- § 4903.1 (a) The appeals board or arbitrator, before issuing an award or approval of any compromise of claim, shall determine, on the basis of liens filed with it…
- § 4903.2 Where a lien claimant is reimbursed pursuant to subdivision (f) or (g) of Section 4903 or Section 4903.1, for benefits paid or services provided, the appeals…
- § 4903.3 The director, as administrator of the Uninsured Employers Fund, may, in his discretion, provide compensation, including medical treatment, from the Uninsured…
- § 4903.4 (a) If a dispute arises concerning a lien for expenses incurred by or on behalf of the injured employee as provided by Article 2 (commencing with Section 4600)…
- § 4903.5 (a) A lien claim for expenses as provided in subdivision (b) of Section 4903 shall not be filed after three years from the date the services were provided, nor…
- § 4903.6 (a) Except as necessary to meet the requirements of Section 4903.5, a lien claim or application for adjudication shall not be filed or served under subdivision…
- § 4903.8 (a) (1) Any order or award for payment of a lien filed pursuant to subdivision (b) of Section 4903 shall be made for payment only to the person who was…
- § 4904 (a) If notice is given in writing to the insurer, or to the employer if uninsured, setting forth the nature and extent of any claim that is allowable as a lien…
- § 4904.1 The payment of liens as provided in Section 4904, shall in no way affect the commencement of immediate payments on any balance of the award to the injured…
- § 4905 Except with regard to liens as permitted by subdivision (b) of Section 4903, if it appears in any proceeding pending before the appeals board that a lien…
- § 4906 (a) A charge, claim, or agreement for the legal services or disbursements mentioned in subdivision (a) of Section 4903, or for the expense mentioned in…
- § 4907 (a) The privilege of any person, except attorneys admitted to practice in the Supreme Court of the state, to appear in any proceeding as a representative of…
- § 4908 A claim for compensation for the injury or death of any employee, or any award or judgment entered thereon, has the same preference over the other debts of the…
- § 4909 Any payment, allowance, or benefit received by the injured employee during the period of his incapacity, or by his dependents in the event of his death, which…
- § 4909.1 Authorized representatives of the Department of Corrections, and the Department of the Youth Authority may request the State Compensation Insurance Fund to…
CHAPTER 2. Compromise and Release §§ 5000–5006 · 7 sections
- § 5000 No contract, rule, or regulation shall exempt the employer from liability for the compensation fixed by this division, but nothing in this division shall: (a)…
- § 5001 Compensation is the measure of the responsibility which the employer has assumed for injuries or deaths which occur to employees in his employment when subject…
- § 5002 A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board. Upon filing with and approval by the…
- § 5003 Every release or compromise agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two…
- § 5004 In case of death there shall also be stated in the release or compromise agreement: (a) The date of death. (b) The name of the widow. (c) The names and ages of…
- § 5005 In any case involving a claim of occupational disease or cumulative injury, as set forth in Section 5500.5, the employee and any employer, or any insurance…
- § 5006 A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude…
CHAPTER 3. Lump Sum Payments §§ 5100–5106 · 9 sections
- § 5100 At the time of making its award, or at any time thereafter, the appeals board, on its own motion either upon notice, or upon application of either party with…
- § 5100.5 Notwithstanding the provisions of Section 5100, the appeals board shall not commute the compensation payable under this division to a lump sum when such…
- § 5100.6 Notwithstanding the provisions of Section 5100, the appeals board shall not permit the commutation or settlement of prospective compensation or indemnity…
- § 5101 The amount of the lump sum shall be determined as follows: (a) If the injury causes temporary disability, the appeals board shall estimate the probable…
- § 5102 The appeals board may order the lump sum paid directly to the injured employee or his dependents, or deposited with any savings bank or trust company…
- § 5103 Payments from the lump sum so deposited shall be made by the trustee only in the amounts and at the time fixed by order of the appeals board and until the lump…
- § 5104 In the appointment of the trustee, preference may be given to the choice of the injured employee or his dependents.
- § 5105 Upon the payment of a lump sum, the employer shall present to the appeals board a proper receipt evidencing the same, executed either by the injured employee…
- § 5106 The appeals board shall, upon the request of the Director of Industrial Relations, where the employer is uninsured and the installments of compensation awarded…
PART 3.5. ARBITRATION §§ 5270–5278 · 9 sections
- § 5270 This part shall not apply in cases where an injured employee or dependent is involved unless the employee or dependent is represented by an attorney.
- § 5270.5 (a) The presiding workers’ compensation judge at each district office shall prepare a list of all eligible attorneys who apply to be placed on the list of…
- § 5271 (a) The parties to a dispute submitted for arbitration may select any eligible attorney from the list prepared by the presiding workers’ compensation judge to…
- § 5272 Arbitrators shall have all of the statutory and regulatory duties and responsibilities of a workers’ compensation judge, as set forth in Chapter 1 (commencing…
- § 5273 (a) In disputes between an employee and an employer, the employer shall pay all costs related to the arbitration proceeding, including use of facilities,…
- § 5275 (a) Disputes involving the following issues shall be submitted for arbitration: (1) Insurance coverage. (2) Right of contribution in accordance with Section…
- § 5276 (a) Arbitration proceedings may commence at any place and time agreed upon by all parties. (b) If the parties cannot agree on a time or place to commence…
- § 5277 (a) The arbitrator’s findings and award shall be served on all parties within 30 days of submission of the case for decision. (b) The arbitrator’s award shall…
- § 5278 (a) No disclosure of any offers of settlement made by any party shall be made to the arbitrator prior to the filing of the award. (b) Article 7 (commencing…
PART 4. COMPENSATION PROCEEDINGS §§ 5300–6002 · 138 sections
CHAPTER 1. Jurisdiction §§ 5300–5317 · 32 sections
- § 5300 All the following proceedings shall be instituted before the appeals board and not elsewhere, except as otherwise provided in Division 4: (a) For the recovery…
- § 5301 The appeals board is vested with full power, authority and jurisdiction to try and determine finally all the matters specified in Section 5300 subject only to…
- § 5302 All orders, rules, findings, decisions, and awards of the appeals board shall be prima facie lawful and conclusively presumed to be reasonable and lawful,…
- § 5303 There is but one cause of action for each injury coming within the provisions of this division. All claims brought for medical expense, disability payments,…
- § 5304 The appeals board has jurisdiction over any controversy relating to or arising out of Sections 4600 to 4605 inclusive, unless an express agreement fixing the…
- § 5305 The Division of Workers’ Compensation, including the administrative director, and the appeals board have jurisdiction over all controversies arising out of…
- § 5306 The death of an employer subsequent to the sustaining of an injury by an employee shall not impair the right of the employee to proceed before the appeals…
- § 5307 (a) The appeals board may, by an order signed by four members, do all of the following: (1) Adopt reasonable and proper rules of practice and procedure. (2)…
- § 5307.1 (a) (1) The administrative director, after public hearings, shall adopt and revise periodically an official medical fee schedule that shall establish…
- § 5307.11 A health care provider or health facility licensed pursuant to Section 1250 of the Health and Safety Code, and a contracting agent, employer, or carrier may…
- § 5307.12 (a) If a health care provider or health facility, licensed pursuant to Section 1250 of the Health and Safety Code, and an entity that provides physician…
- § 5307.2 The administrative director shall contract with an independent consulting firm, to the extent permitted by state law, to perform an annual study of access to…
- § 5307.27 (a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a…
- § 5307.28 (a) Prior to the adoption of a drug formulary as required by Section 5307.27, the administrative director shall meet and consult regarding the establishment of…
- § 5307.29 (a) The administrative director shall make provision for no less than quarterly updates to the drug formulary to allow for the provision of all appropriate…
- § 5307.3 The administrative director may adopt, amend, or repeal any rules and regulations that are reasonably necessary to enforce this division, except where this…
- § 5307.4 (a) Public hearings required under Sections 5307 and 5307.3 shall be subject to the provisions of this section except to the extent that there is involved a…
- § 5307.5 The appeals board or a workers’ compensation judge may: (a) Appoint a trustee or guardian ad litem to appear for and represent any minor or incompetent upon…
- § 5307.6 (a) The administrative director shall adopt and revise a fee schedule for medical-legal expenses as defined by Section 4620, which shall be prima facie…
- § 5307.7 (a) On or before January 1, 2013, the administrative director shall adopt, after public hearings, a fee schedule that shall establish reasonable fees paid for…
- § 5307.8 (a) Notwithstanding Section 5307.1, the administrative director shall adopt, after public hearings, a schedule for payment of home health care services…
- § 5307.9 On or before December 31, 2013, the administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt,…
- § 5308 The appeals board has jurisdiction to determine controversies arising out of insurance policies issued to self-employing persons, conferring benefits identical…
- § 5309 The appeals board may, in accordance with rules of practice and procedure which it shall adopt and upon the agreement of the parties, on the application of…
- § 5310 The appeals board may appoint one or more workers’ compensation administrative law judges in any proceeding, as it may deem necessary or advisable, and may…
- § 5311 Any party to the proceeding may object to the reference of the proceeding to a particular workers’ compensation judge upon any one or more of the grounds…
- § 5311.5 The administrative director shall require all workers’ compensation administrative law judges to participate in continuing education to further their abilities…
- § 5312 Before entering upon his or her duties, the workers’ compensation judge shall be sworn, before an officer authorized to administer oaths, faithfully and fairly…
- § 5313 The appeals board or the workers’ compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the…
- § 5315 Within 60 days after the filing of the findings, decision, order or award, the appeals board may confirm, adopt, modify or set aside the findings, order,…
- § 5316 Any notice, order, or decision required by this division to be served upon any person either before, during, or after the institution of any proceeding before…
- § 5317 Any such notice, order or decision affecting the State or any county, city, school district, or public corporation therein, shall be served upon the person…
CHAPTER 2. Limitations of Proceedings §§ 5400–5413 · 21 sections
- § 5400 Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the…
- § 5401 (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402, which injury results in lost time beyond the employee’s work…
- § 5401.7 The claim form shall contain, prominently stated, the following statement: “Any person who makes or causes to be made any knowingly false or fraudulent…
- § 5402 (a) Knowledge of an injury, obtained from any source, on the part of an employer, the employer’s managing agent, superintendent, foreman, or other person in…
- § 5403 The failure to give notice under section 5400, or any defect or inaccuracy in a notice is not a bar to recovery under this division if it is found as a fact in…
- § 5404 Unless compensation is paid within the time limited in this chapter for the institution of proceedings for its collection, the right to institute such…
- § 5404.5 (a) Where a claim form has been filed prior to January 1, 1994, and where the claim is denied by the employer, the claim may be dismissed if there has been no…
- § 5405 The period within which proceedings may be commenced for the collection of the benefits provided by Article 2 (commencing with Section 4600) or Article 3…
- § 5406 (a) Except as provided in Section 5406.5, 5406.6, or 5406.7, the period within which may be commenced proceedings for the collection of the benefits provided…
- § 5406.5 In the case of the death of an asbestos worker or firefighter from asbestosis, the period within which proceedings may be commenced for the collection of the…
- § 5406.6 (a) In the case of the death of a health care worker, a worker described in Section 3212, or a worker described in Section 830.5 of the Penal Code from an…
- § 5406.7 (a) In addition to the timelines established pursuant to Section 5406, proceedings for the collection of the benefits provided by Article 4 (commencing with…
- § 5407 The period within which may be commenced proceedings for the collection of compensation on the ground of serious and willful misconduct of the employer, under…
- § 5407.5 The period within which may be commenced proceedings for the reduction of compensation on the ground of serious and willful misconduct of the employee, under…
- § 5408 If an injured employee or, in the case of the employee’s death, any of the employee’s dependents, is under 18 years of age or incompetent at any time when any…
- § 5409 The running of the period of limitations prescribed by this chapter is an affirmative defense and operates to bar the remedy and not to extinguish the right of…
- § 5410 Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date…
- § 5410.1 Should any party to a proceeding institute proceedings to reduce the amount of permanent disability awarded to an applicant by the appeals board and be…
- § 5411 The date of injury, except in cases of occupational disease or cumulative injury, is that date during the employment on which occurred the alleged incident or…
- § 5412 The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either…
- § 5413 A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude…
CHAPTER 2.3. Workers’ Compensation—Truth in Advertising §§ 5430–5434 · 5 sections
- § 5430 This chapter shall be known and may be cited as the Workers’ Compensation Truth in Advertising Act of 1992.
- § 5431 The purpose of this chapter is to assure truthful and adequate disclosure of all material and relevant information in the advertising which solicits persons to…
- § 5432 (a) Any advertisement which solicits persons to file workers’ compensation claims or to engage or consult counsel or a medical care provider or clinic to…
- § 5433 (a) Any advertisement or other device designed to produce leads based on a response from a person to file a workers’ compensation claim or to engage or consult…
- § 5434 (a) Any advertiser who violates Section 5431 or 5432 is guilty of a misdemeanor. (b) For the purposes of this chapter, “advertiser” means any person who…
CHAPTER 2.5. Administrative Assistance §§ 5450–5455 · 5 sections
- § 5450 The Division of Workers’ Compensation shall make available to employees, employers and other interested parties information, assistance, and advice to assure…
- § 5451 Any party may consult with, or seek the advice of, an information and assistance officer within the Division of Workers’ Compensation as designated by the…
- § 5453 After consideration of the information submitted, including the reports of any bureau or unit within the Division of Workers’ Compensation which have been…
- § 5454 Submission of any matter to an information and assistance officer of the Division of Workers’ Compensation shall toll any applicable statute of limitations for…
- § 5455 Nothing in this chapter shall prohibit any party from filing an application for benefits under this division. In any proceeding pursuant to such application,…
CHAPTER 3. Applications and Answers §§ 5500–5507 · 14 sections
- § 5500 No pleadings other than the application and answer shall be required. Both shall be in writing and shall conform to forms prescribed by the appeals board in…
- § 5500.3 (a) The appeals board shall establish uniform district office procedures, uniform forms, and uniform time of court settings for all district offices of the…
- § 5500.5 (a) Except as otherwise provided in Section 5500.6, liability for occupational disease or cumulative injury claims filed or asserted on or after January 1,…
- § 5500.6 Liability for occupational disease or cumulative injury which results from exposure solely during employment as an employee, as defined in subdivision (d) of…
- § 5501 The application may be filed with the appeals board by any party in interest, his attorney, or other representative authorized in writing. A representative who…
- § 5501.5 (a) The application for adjudication of claim shall be filed in any of the following locations: (1) In the county where the injured employee or dependent of a…
- § 5501.6 (a) An applicant or defendant may petition the appeals board for a change of venue and a change of venue shall be granted for good cause. The reasons for the…
- § 5502 (a) Except as provided in subdivisions (b) and (d), the hearing shall be held not less than 10 days, and not more than 60 days, after the date a declaration of…
- § 5502.5 A continuance of any conference or hearing required by Section 5502 shall not be favored, but may be granted by a workers’ compensation judge upon any terms as…
- § 5503 The person so applying shall be known as the applicant and the adverse party shall be known as the defendant.
- § 5504 A notice of the time and place of hearing shall be served upon the applicant and all adverse parties and may be served either in the manner of service of a…
- § 5505 If any defendant desires to disclaim any interest in the subject matter of the claim in controversy, or considers that the application is in any respect…
- § 5506 If the defendant fails to appear or answer, no default shall be taken against him, but the appeals board shall proceed to the hearing of the matter upon the…
- § 5507 If an application shows upon its face that the applicant is not entitled to compensation, the appeals board may, after opportunity to the applicant to be heard…
CHAPTER 4. Attachments §§ 5600–5603 · 4 sections
- § 5600 The appeals board may, upon the filing of an application by or on behalf of an injured employee, the employee’s dependents, or any other party in interest,…
- § 5601 The provisions of Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure, as far as applicable, shall govern the proceedings upon…
- § 5602 No writ of attachment shall be issued except upon the order of the appeals board. Such order shall not be made where it appears from the application or…
- § 5603 In levying attachments preference shall be given to the real property of the employer.
CHAPTER 5. Hearings §§ 5700–5710 · 12 sections
- § 5700 The hearing on the application may be adjourned from time to time and from place to place in the discretion of the appeals board or the workers’ compensation…
- § 5701 The appeals board may, with or without notice to either party, cause testimony to be taken, or inspection of the premises where the injury occurred to be made,…
- § 5702 The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the appeals board. The appeals board may…
- § 5703 The appeals board may receive as evidence either at or subsequent to a hearing, and use as proof of any fact in dispute, the following matters, in addition to…
- § 5703.5 (a) The appeals board, at any time after an application is filed and prior to the expiration of its jurisdiction may, upon the agreement of a party to pay the…
- § 5704 Transcripts of all testimony taken without notice and copies of all reports and other matters added to the record, otherwise than during the course of an open…
- § 5705 The burden of proof rests upon the party or lien claimant holding the affirmative of the issue. The following are affirmative defenses, and the burden of proof…
- § 5706 Where it is represented to the appeals board, either before or after the filing of an application, that an employee has died as a result of injuries sustained…
- § 5707 If the body of a deceased employee is not in the custody of the coroner, the appeals board may authorize the performance of such autopsy and, if necessary, the…
- § 5708 All hearings and investigations before the appeals board or a workers’ compensation judge are governed by this division and by the rules of practice and…
- § 5709 No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, award, or rule made and filed as specified in this…
- § 5710 (a) The appeals board, a workers’ compensation judge, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board,…
CHAPTER 6. Findings and Awards §§ 5800–5816 · 22 sections
- § 5800 All awards of the appeals board either for the payment of compensation or for the payment of death benefits, shall carry interest at the same rate as judgments…
- § 5800.5 The 30-day period specified in Section 5313, shall run from the date of the submission of the application for decision and the provisions requiring the…
- § 5801 The appeals board in its award may fix and determine the total amount of compensation to be paid and specify the manner of payment, or may fix and determine…
- § 5802 If, in any proceeding under this division, it is proved that an injury has been suffered for which the employer would be liable to pay compensation if…
- § 5803 The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of this division, and the…
- § 5803.5 Any conviction pursuant to Section 1871.4 of the Insurance Code that materially affects the basis of any order, decision, or award of the appeals board shall…
- § 5804 No award of compensation shall be rescinded, altered, or amended after five years from the date of the injury except upon a petition by a party in interest…
- § 5805 Any order, decision, or award rescinding, altering or amending a prior order, decision, or award shall have the effect herein provided for original orders,…
- § 5806 Any party affected thereby may file a certified copy of the findings and order, decision, or award of the appeals board with the clerk of the superior court of…
- § 5807 The certified copy of the findings and order, decision, or award of the appeals board and a copy of the judgment constitute the judgment-roll. The pleadings,…
- § 5808 The appeals board or a member thereof may stay the execution of any judgment entered upon an order, decision, or award of the appeals board, upon good cause…
- § 5809 When a judgment is satisfied in fact, otherwise than upon an execution, the appeals board may, upon motion of either party or of its own motion, order the…
- § 5810 The orders, findings, decisions, or awards of the appeals board made and entered under this division may be reviewed by the courts specified in Sections 5950…
- § 5811 (a) No fees shall be charged by the clerk of any court for the performance of any official service required by this division, except for the docketing of…
- § 5813 (a) The workers’ compensation referee or appeals board may order a party, the party’s attorney, or both, to pay any reasonable expenses, including attorney’s…
- § 5814 (a) When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment…
- § 5814.1 When the payment of compensation has been unreasonably delayed or refused prior to the issuance of an award, and the director has provided discretionary…
- § 5814.3 (a) Notwithstanding Section 5814, when liability has been unreasonably rejected for claims of injury or illness as defined in Sections 3212 to 3213.2,…
- § 5814.5 When the payment of compensation has been unreasonably delayed or refused subsequent to the issuance of an award by an employer that has secured the payment of…
- § 5814.6 (a) Any employer or insurer that knowingly violates Section 5814 with a frequency that indicates a general business practice is liable for administrative…
- § 5815 Every order, decision or award, other than an order merely appointing a trustee or guardian, shall contain a determination of all issues presented for…
- § 5816 A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude…
CHAPTER 7. Reconsideration and Judicial Review §§ 5900–6002 · 23 sections
ARTICLE 1. Reconsideration §§ 5900–5911 · 13 sections
- § 5900 (a) Any person aggrieved directly or indirectly by any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge…
- § 5901 No cause of action arising out of any final order, decision or award made and filed by the appeals board or a workers’ compensation judge shall accrue in any…
- § 5902 The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or…
- § 5903 At any time within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge…
- § 5904 The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the…
- § 5905 A copy of the petition for reconsideration shall be served forthwith upon all adverse parties by the person petitioning for reconsideration. Any adverse party…
- § 5906 Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further…
- § 5907 If, at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony,…
- § 5908 (a) After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order,…
- § 5908.5 Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings,…
- § 5909 (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge…
- § 5910 The filing of a petition for reconsideration shall suspend for a period of 10 days the order, decision, or award affected, insofar as it applies to the parties…
- § 5911 Nothing contained in this article shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting…
ARTICLE 2. Judicial Review §§ 5950–5956 · 7 sections
- § 5950 Any person affected by an order, decision, or award of the appeals board may, within the time limit specified in this section, apply to the Supreme Court or to…
- § 5951 The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its…
- § 5952 The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether:…
- § 5953 The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall…
- § 5954 The provisions of the Code of Civil Procedure relating to writs of review shall, so far as applicable, apply to proceedings in the courts under the provisions…
- § 5955 No court of this state, except the Supreme Court and the courts of appeal to the extent herein specified, has jurisdiction to review, reverse, correct, or…
- § 5956 The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, decision, or award of…
ARTICLE 3. Undertaking on Stay Order §§ 6000–6002 · 3 sections
- § 6000 The operation of any order, decision, or award of the appeals board under the provisions of this division or any judgment entered thereon, shall not at any…
- § 6001 The undertaking shall provide that: (a) The petitioner and sureties are bound in double the amount named in such order, decision, or award. (b) If the order,…
- § 6002 The undertaking shall be filed with the appeals board. The certificate of the appeals board, or any proper officer thereof, of the filing and approval of such…