ARTICLE 2. Uninsured Employers Fund [3710. - 3733.]
Heading of Article 2 added by Stats. 1980, Ch. 852.
§§ 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…