PART 1. SCOPE AND OPERATION [3200. - 4418.]
Part 1 enacted by Stats. 1937, Ch. 90.
§§ 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…