PART 3. COMPENSATION CLAIMS [4900. - 5106.]

Part 3 enacted by Stats. 1937, Ch. 90.

§§ 4900–5106 · 38 sections

1. 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…
2. 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…
3. 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…