California Workers' Compensation Claims & Benefits
Contents
Index
Full Text
10.0 Introduction to California Workers' Compensation
10.1.0 Purpose of Workers' Compensation
10.2.0 History of Workers' Compensation
10.2.1 Negligence
10.2.2 Contributory Negligence
10.2.3 Assumption of Risk
10.2.4 Fellow-Servant Rule
10.2.5 Dissatisfaction With the System
10.2.6 Legislative and Constitutional Enactments
10.2.6.1 1907 (Limitation Upon Assumption of Risk and Fellow-Servant Rule Doctrines)
10.2.6.2 1911 (Roseberry Act)
10.2.6.3 1911 (Voter Approval)
10.2.6.4 1913 (Boynton Act-Workmen's Compensation Insurance and Safety Act)
10.2.6.5 1915 (Amendment to Boynton Act)
10.2.6.6 1917 (Revised Workmen's Compensation Insurance and Safety Act of 1917)
10.2.6.7 The Amendments, Additions or Repeal of Laws Made by Senate Bill 899 Apply Prospectively From April 19, 2004 (Date of Enactment) Regardless of The Date of Injury Unless Otherwise Stated in the Law
10.2.6.8 Constitutional Provision
10.2.6.9 Compensation Not Same as Damages in Civil Action
10.2.6.10 Every Employer Must Secure Insurance or Permission to Self-Insure
10.2.6.11 Employers Cannot Require Employees to Contribute to Workers' Compensation Costs
10.2.7 Advertising
10.2.7.1 Workers' Compensation-Truth in Advertising
10.2.8 Construction Industry's Special Arbitration Program-Alternative Dispute Resolution
10.2.8.1 Serious and Willful Misconduct Cases
10.2.8.2 Rule 10865
10.2.8.3 Board Has Jurisdiction to Dismiss Application for Adjudication of Claim if Employee Subject to Alternative Dispute Process
10.2.8.4 Discrimination 132a Cases
10.2.8.5 Aerospace and Timber Industry in Special Arbitration Program-Alternative Dispute Resolution
10.2.8.6 Special Labor-Management Agreements-Arbitration Program-Alternative Dispute Resolution
10.2.8.7 Collective Bargaining Agreements For Licensed Jockeys
10.2.9 Concerns About Federal Law Preemption
10.3.0 Organization and Administration
10.3.1 Department of Industrial Relations
10.3.2 Division of Workers' Compensation-Administrative Director
10.3.2.1 Medical Treatment Utilization Schedule and Recommended Guidlines; Rebuttable Presumption of Correctness; Limit on Chiropractic, Occupational and Physical Therapy Visits
10.3.3 Office of Benefit Assistance and Enforcement-Information and Assistance Officers
10.3.3.1 Information and Assistance Office
10.3.4 Office of Benefit Determination
10.3.5 Workers' Compensation Appeals Board
10.3.5.1 Powers
10.3.5.2 En Banc Decisions
10.3.5.3 Appointments to the Board
10.3.5.4 Actions of the Board
10.3.5.5 Uniform Rules and Forms
10.3.5.6 Exclusive Jurisdiction of Supreme Court or Appellate Courts over Actions of the Appeals Board
10.3.5.7 Location of Headquarters
10.3.6 Deputy Commissioners
10.3.6.1 Court Administrator
10.3.7 Presiding Workers' Compensation Judge
10.3.8 Workers' Compensation Administrative Law Judges
10.3.8.1 Court Reporters
10.3.9 Arbitrators
10.3.10 [Reserved]
10.3.11 Pro Tempore Workers' Compensation Judge
10.3.12 Legal Office
10.3.13 Industrial Medical Council
10.3.13.1 Specific Finding of Finding of Fact-Labor Code Section 139.2(d)(2)
10.3.13.2 Medical Director
10.3.13.2.1 Qualified Medical Evaluator (QME)
10.3.13.3 Must be a Qualified Medical Evaluator to Perform Certain Evaluations
10.3.13.4 Unlawful Referrals and Practices of Physicians
10.3.13.4.1 Exceptions to 139.3
10.3.13.4.2 Council Review of Advertising, Disciplinary Actions and Proceedings; Adoption of Advertising Regulations and Report to Legislature
10.3.13.4.3 False or Misleading Advertising Prohibited; Adoption of Regulations by Administrative Director; Physicians and Attorneys Exempted
10.3.13.4.4 Care Required in Promulgating Advertising Regulations; Description of False or Misleading Advertisements
10.3.14 Vocational Rehabilitation Unit
10.3.15 State Compensation Insurance Fund (SCIF)
10.3.16 Department of Insurance
10.3.16.1 Minimum Standards for Claims Adjusters
10.3.17 Workers' Compensation Insurance Rating Bureau
10.3.17.1 Ombudsman
10.3.17.2 Reports to Governor and Legislature
10.3.17.3 The Workers' Compensation Administration Revolving Fund
10.3.17.4 The Cal-Osha Targeted Inspections and Consultation Fund
10.3.18 Commission on Health and Safety and Workers' Compensation
20.0 Substantive Provisions
20.1.0 Compensable Industrial Injuries
20.1.1 Injury Defined
20.1.2 Specific and Cumulative Injuries
20.1.3 Injury to Health Care Worker From Preventive Care
20.1.4 Date if Injury in Cases of Occupational Disease or Cumulative Injury
20.1.5 Liberal Construction
20.1.6 Preponderance of Evidence Standard
20.1.7 Combined Injuries; Separate Determinations
20.1.8 Reaction to Health Care
20.1.9 Prophylactic Lay-off Not an Injury
20.1.10 Special Rules for Occupational Disease or Cumulative Injury Cases
20.1.10.1 Time Limitation
20.1.10.2 What Does "Asserted" Mean?
20.1.10.3 Injurious Exposure Must be Established
20.1.10.4 Last Date of Exposure May Trigger Liability if Injurious Exposure Period is Unclear
20.1.10.5 Liability Based Upon Consecutive Calendar Years of Exposure
20.1.10.6 Time Limitation Limits Only Number of Employers, Within One Year Preceding Date of Injury, Not Number of Years of Exposure
20.1.10.7 Filing of Cumulative Injury Claim May Toll Statute of Limitations as to Specific Injuries in Cumulative Time Period
20.1.10.8 What if Last Employer Does Not Have Workers' Compensation Insurance
20.1.10.9 Apportionment of Disability to Prior or Subsequent Years
20.1.10.10 Application Must State Names of all Employers Liable
20.1.10.11 Right to a Continuance if Application Not Properly Prepared
20.1.10.12 Self-Employment Not Considered Employment and Not Considered Employment Under Labor Code Section 5500.5
20.1.10.13 Liability is Based on Periods of Injurious Exposure and Not Simply Exposure
20.1.10.14 Liability Based on Period of Stressful Employment and Not the Degree of Stress
20.1.10.15 Right to Elect Against One or More Employers or Carriers
20.1.10.16 All Proper Parties Must be Joined
20.1.10.17 Employers Joined After First Hearing or After Election Are Not Entitled to Participate in Proceedings Prior to Board's Final Decision
20.1.10.18 Trial Judge May Refuse to Allow Election
20.1.10.19 Election May Be Made Against an Insurance Carrier Where Only One Employer and Multiple Carriers
20.1.10.20 Unelected Carrier May Not Challenge Judge's Findings Until Contribution Proceedings Are Brought
20.1.10.21 Right to Contribution of the Elected Carrier Against Other Employers and Carriers Within the Period of the Cumulative Injury or Occupational Disease (One Year Claims Filed on or After January 1, 1981)
20.1.10.22 Applicant May Have to be Subpoenaed
20.1.10.23 In Contribution Hearing, Nonelected Parties May Establish no Injurious Exposure
20.1.10.24 Formal Petition Must be Filed Requesting Contribution
20.1.10.24.1 Liability of Carriers in Continuous Trauma Claim, Who do not Settle, For Credit Against Settlement
20.1.10.25 Determination of Rights and Interests of Employers if Silicosis Involved
20.1.10.26 Uninsured Employers' Fund Not Liable for Contribution For an Uninsured Employer's Pro Rata Share of Awarded Benefits
20.1.10.27 Private Dwelling Employees Under Special Time Rule for Occupational Disease or Cumulative Injury Cases
20.1.10.28 No Employee in a Claim for Occupational Disease or Cumulative Injury May Elect Against an Illegally Uninsured Employer
20.1.10.29 Settlement by One Carrier May Release Others from Liability
20.1.11 Date of Injury
20.1.11.1 Specific Injury
20.1.11.2 Occupational Disease
20.1.11.3 Specific and Cumulative Injuries
20.1.11.4 Combined Injuries, Seperate Determinations
20.1.11.5 Legal Disability Rate in Effect on Date of Injury Controls Employee's Weekly Indemnity Rate
20.1.12 Types of Injuries Including Unique Injuries and Diseases
20.1.12.1 Cirrhosis of the Liver From a Needle Stick; Causing Hepatitis C
20.1.12.2 Parkinson's Disease
20.1.12.3 Special Exposure to Contagious or Infectious Diseases
20.1.13 Degree of Proof Needed to Prove Industrial Causation
20.1.14 Psychiatric Injuries (Pre-July 16, 1993)
20.1.14.1 Threshold of Compensability for Psychiatric Injuries
20.1.14.1.1 Threshold of Compensability for Psychiatric Injuries
20.1.15 Psychiatric Injuries on or After July 16, 1993
20.1.15.1 Discovery Requirements in Proceedings Involving Injury Arising From Sexual Conduct; Non-Admissible Evidence
20.1.15.2 What Constitutes Pre-Termination Psychiatric Treatment?
20.1.15.3 Sudden and Extraordinary Employment Conditions
20.1.15.4 Psychiatric Injuries Caused by Lawful, Nondiscriminatry, Good Faith Personnel Actions
20.1.15.5 Psychiatric Injuries Related to a Physical Injury-Compensable Consequence Injuries
20.1.15.5.1 Constitutionality of Labor Code Section 3208.3(B)(1) Imposing Predominance Test for Psychiatric Injuries
20.1.15.5.2 Public Employee's Retirement System (PERS) Employees-Psychiatric Injuries
20.1.16 Post Termiantion Claims
20.1.17 Laid-Off on a Prophylactic Basis During the Incubation Period For a Communicable Disease
20.1.18 Disability Caused by Medical Treatment
20.1.19 Recurrence/Flare-Up (Exacerbation) Versus Aggravation/Lighting-Up (New Injury)
20.2.0 Hernia
20.3.0 Course of Employment (COE)
20.3.1 Employer-Definition
20.3.2 Employee-Definition
20.3.2.1 Domestic Service Referral Agencies may not be Employers for Workers' Compensation Purposes
20.3.3 Presumption of Employee
20.3.4 Job Applicant
20.3.4.1 Injury Sustained While Taking Preemployment Medical Examination
20.3.5 Falsification of Employment Application, Effect of
20.3.6 Gratuitous Service-Volunteer
20.3.7 Special Topics
20.3.7.1 Union Picketing, Effect of; Injuries at Union Hall
20.3.7.2 Court Personnel
20.3.7.2.1 Judges of Municipal and Superior Courts
20.3.7.2.2 Court Reporters
20.3.7.2.3 Jurors
20.3.8 Excluded Persons
20.3.8.1 Independent Contractors
20.3.8.1.1 Burden of Proof
20.3.8.1.1.1 An Unlicensed Contractor Cannot Sue for Payment of Work Requiring a Contractor's License
20.3.8.1.2 General Contractor Not Responsible to Insure That Independent Contractor Complies With All Safety Orders
20.3.8.1.3 Exception of Nonliability of Individuals or Other Entities Who Engage the Service of an Independent Contractor Under the Peculiar Risk Doctrine
20.3.8.1.3.1 Property Owner
20.3.8.1.3.2 Subcontractors With no Workers' Compensation Insurance
20.3.8.1.3.3 Negligent Hiring Exception to Privette and Toland
20.3.8.1.3.4 Providing of Unsafe Equipment Exception to Privette and Toland
20.3.8.1.3.5 Employee of Independent Contractor Cannot Pursue Claim for Negligent Hiring Against Hirer of Independent Contractor
20.3.8.1.3.6 General Contractor Not Liable to Subcontractors Injured Employee, in a Third-Party Tort Action Because of General Contractors Failure to Compel Subcontractor to Adopt Safety Measures When Employee Injured While Working for Subcontractor of General Contractor Where No Evidence General Contractor Affirmatively Contributed to Working Conditions Causing Injury to Employee
20.3.8.1.3.7 Suits Against Homeowner on Theory of General Premises Liability
20.3.8.1.4 Legal Consequences of an Employer Electing to Include an Independent Contractor in its Insurance Policy
20.3.8.1.5 Contractor's State License Board
20.3.8.2 Construction Permits-Certificate of Insurance
20.3.8.3 Parents, Spouses, or Children Employed by Owners or Occupants of Residential Dwellings
20.3.8.4 Casual Workers Employed by Owners or Occupants of Residential Dwellings
20.3.8.5 Workers for Charitable Organizations
20.3.8.6 Workers for a Public Agency or a Private Nonprofit Organization
20.3.8.7 Ski Patrollers
20.3.8.8 Ski-Lift Operator Employees-Off-Duty
20.3.8.9 Sports or Athletics Participants
20.3.8.10 Camp, Hut, or Lodge Workers
20.3.8.11 Deputies-Own Convenience
20.3.8.12 Persons Performing Officiating Services at Amateur Sporting Events-For Public or Nonprofit Organization
20.3.8.13 Students Participating as an Athlete in Amateur Sporting Events Sponsored by Any Public Agency or Private Nonprofit College, University, or School
20.3.8.14 Law Enforcement Officer Regularly Employed Outside State
20.3.8.14.1 Outside of State Employees
20.3.8.15 Watchpersons Working for Nonindustrial Establishments
20.3.9 Special Persons
20.3.9.1 Trainees in Rehabilitation
20.3.9.2 Workers Associated Under a Partnership Agreement
20.3.9.3 Active Fire Fighters While Members of an Organized Volunteer Fire Department
20.3.9.4 Disaster Service Workers
20.3.9.5 Persons Working as Unpaid Volunteers for Recreation and Park Districts
20.3.9.6 Persons Registered as Active Police Workers
20.3.9.7 Persons Deputized
20.3.9.8 Persons Registered with Department of Fish and Game as Active Reserve Members
20.3.9.9 Persons Working as Unpaid Volunteers for a Public Agency
20.3.9.10 Persons Working as Unpaid Volunteers for Private, Non-Profit Organizations
20.3.9.11 Persons Working as Unpaid Volunteers for Sheriff's Reserve
20.3.9.12 Persons Working as Unpaid Volunteers for School Districts
20.3.9.13 Persons Who Are Wards of a Juvenile Court
20.3.9.14 Persons Who Are Juvenile Traffic Offenders or Juvenile Probationers
20.3.9.15 Persons Who Are Inmates of a State Penal or Correctional Institution
20.3.9.15.1 Determining Earning Capacity of State Prison Inmates
20.3.9.15.2 Attorney Refferal For Inmates
20.3.9.16 Inmates of County Prisons
20.3.9.17 Persons Engaged in Suppressing Fires
20.3.9.18 Persons Engaged as Part of a Posse
20.3.9.19 Persons Rendering Technical Assistance to a Public Entity to Prevent Hazardous Occurrences
20.3.9.20 Persons Engaged in Work-Experience Education, Community Classroom, or Occupational Training Classes
20.3.9.21 California National Guard Members
20.3.9.22 Persons Performing Services For Any Private, Nonprofit Organization
20.3.9.23 Undocumented Workers
20.3.10 Election to be Subject to the Code
20.3.11 Finding of Employment Becomes Binding When Appeal Time Passes
20.3.12 Presumption of Compensability Under Labor Code Section 5402
20.3.13 Compensation Payable Directly to Injured Employee
20.4.0 General and Special Employers
20.4.1 Liability Falls on Employer Who Has Employee on Payroll
20.4.1.1 Liability of General and Special Employers
20.4.1.2 Agreement to Obtain Workers' Compensation Insurance
20.5.0 Statutory Defenses to Compensability
20.5.1 Employee Relationship
20.5.2 Intoxication not a Factor
20.5.3 Not Self-Inflicted
20.5.3.1 Negligence of an Employee
20.5.3.2 Suicide
20.5.3.3 Felony
20.5.4 Altercation-Initial Physical Aggressor
20.5.5 Injury Must Arise Out of Employment (AOE) and Occur in Course of Employment (COE)
20.5.6 Proof by a Preponderance of the Evidence
20.5.7 Felonious Act Not a Factor
20.5.8 Recreational, Social, or Athletic Activity Not a Factor (Voluntary)
20.5.9 When Does an Injury Arise Out of Employment (AOE)?
20.5.9.1 Earthquake Caused Injury
20.5.9.2 Lightning Strike Injuries
20.5.9.3 Normal Bodily Movement Injuries
20.5.9.3.1 Industrial Knee Surgery Triggers Multiple Sclerosis and Phychiatric Condition
20.5.9.4 AIDS
20.5.9.4.1 Addiction
20.5.9.5 Alcoholism
20.5.10 When is an Employee Acting in the Course of Employment (COE)?
20.5.10.1 Course of Employment Test v. Scope of Employment Test (Respondeat Superior) (Vicarious Liability of Employer)
20.5.10.2 Injured Going To or From Work (Going and Coming Rule)
20.5.10.3 Injured While on a Special Mission (Special Mission Rule)
20.5.10.3.1 Traveling To or From Work Without a Particular Place of Business
20.5.10.3.2 Peace Officers
20.5.10.4 Injured During a Deviation While on a Special Mission
20.5.10.5 Injured While Riding a Bus or Carpooling to Work at Employer's Request
20.5.10.5.1 Employee Voluntarily Participates in an Alternative Commute Program
20.5.10.6 Injured While Using Own Vechicle For Employer's Benefit
20.5.10.6.1 Injured Riding in Co-Employee's Car at Behest of Employer
20.5.10.6.2 Employee Quits in the Middle of the Work Day
20.5.10.7 Injured's Home as a Second Job Site
20.5.10.8 Local Bar as Second Job Site
20.5.10.9 Injured While Attending Educational or Other Special Activities Directly Related to the Employee's Work Function
20.5.10.10 Injured While on a Trip for the Employer-Commerical Traveler
20.5.10.10.1 Social, Athletic, and Recreational Activity Exceptions as to Commercial Travelers
20.5.10.11 Injured on Work Premises While Using Employer's Equipment for Personal Reasons, or Simply Remaining on Work Premises After Work For Personal Reasons
20.5.10.12 Injured While Taking Advantage of Employee Discount
20.5.10.13 Injured While Engaged in a Recreational, Athletic, or Social Activity
20.5.10.13.1 Commercial Traveler Exception
20.5.10.14 Sexual Activity Injury at Work or While a Commercial Traveler
20.5.10.15 Injured in Vechicular Accident Traveling Home, After Work, Due to Drowsiness
20.5.10.16 Injured While Performing Duties for Which Not Hired
20.5.10.17 Injured While Engaged in Criminal (Illegal) Activity and/or While on an Unauthorized Departure from Duty or Performing Work in an Unauthorized Manner
20.5.10.18 Injured After Discharge or Other Termination from Work While Still on Work Premises
20.5.10.19 Injured During Act of Personal Comfort and Convenience
20.5.10.19.1 Injured While Walking on Public Walkway During Uncompensated Lunch Break
20.5.10.20 Salaried Employees Injured During Lunch Breaks
20.5.10.21 Injured Because of Personal Smoking Habit
20.5.10.22 Injured Because of Consuming Alcohol Due to Work Stress or Because of Pain and/or Depression from an Industrial Injury
20.5.10.23 Injured as a Result of Dissatisfaction with Demotion
20.5.10.24 Injured as a Result of Work Criticism and/or Harassment at Work
20.5.10.24.1 Threshold of Compensabilty for Psychiatric Injury
20.5.10.25 Injured While Picking Up a Paycheck on Day Off
20.5.10.26 Injured While Off Duty During an Emergency to Aid Employer
20.5.10.26.1 Injured While Combining a Personal Act Outside of Regular Working Hours with an Act in Furtherance of Employer's Business
20.5.10.27 Injured Protecting Employer's Personal Property or Assisting the Public
20.5.10.28 Injured as a Result of a Personal Grievance Against a Co-Employee or Behavior of a Co-Employee
20.5.10.29 Injured Because of Bias Against an Employee as a Result of the Employee's Race, Religious Creed, Color, National Origin, Age, Gender, Disability, Sex, or Sexual Orientation
20.5.10.30 Injured From Gossip in the Workplace
20.5.10.31 Injured Because of Rejection of Romantic Overtures of Co-Comployee
20.5.10.32 Injured While Engaged in Horseplay or Skylarking
20.5.10.32.1 Condonation
20.5.10.33 Injured in or Near an Employer's Parking Area
20.5.10.34 Injured in a Special Risk Zone
20.5.10.35 Injured While Living on Work Premises (Bunkhouse Rule)
20.5.10.35.1 Ski-Lift Operator Employees
20.5.10.36 Injured While on Public Property, But Off Duty
20.5.10.37 Loss of Employment Results in Injury
20.5.10.38 Injured While Traveling To or From Medical Facility for Treament and/or Examination-Compensable Consequences
20.5.10.39 Injured From Treatment Rendered for an Industrial Injury
20.5.10.40 Injured While at Medical Facilities for Treatment
20.5.10.41 Injured as a Result of Inoculation and/or Vaccination
20.5.10.42 Injured as a Result of Employer-Required Medical Treatment
20.5.10.43 Injured in Accident While Traveling to a Workers' Compensation Hearing
20.5.10.44 Injured While Reporting for Yearly Physical Examination
20.5.10.45 Laid-Off on Prophylactic Basis for the Incubation Period for a Communicable Disease Because of Exposure to Such a Disease at Work
20.5.10.46 Mysterious Circumstances Surrounding Death at Work
20.5.10.47 Injured in a Nonindustrial Accident as a Result of a Prior Industrial Injury-Compensable Consequence
20.5.10.47.1 Date of Injury
20.5.10.48 Fireman Injured Off Duty, Anywhere in California, While Performing Fire Fighting Work, Not Under Employer's Immediate Direction
20.5.10.49 Peace Officers Injured Off Duty, Anywhere in California, While Performing Peace Work, Not Under Employer's Immediate Direction
20.5.10.49.1 Off Duty FIrefighters Not Acting Under Employer's Immediate Direction
20.5.10.50 Injury Arising From Litigation Process
20.5.10.51 Injured During Course of Defense Medical Examination
20.5.11 Presumptions in Favor of Certain Public Employees
20.5.11.1 Cities, Counties, Districts, or Other Public Entities, Sheriff, Police, or Fire Depts.; Division of Forestry of the State Dept. of Natural Resources; Wildlife Protection Branch or the Dept. of Fish and Game; Employees of (Lab. Code Sec. 3212)
20.5.11.2 Firefighting Members of Fire Departments of Cities, Counties, Cities and Counties, Districts, or Other Public or Municipal Corporations or Political Subdivisions, and Active Firefighting Members of The Fire Departments of The University of California (Lab. Code sec. 3212.1)
20.5.11.2.1 Appeals Board May, Upon Request, Determine Disability of Public Employees' Retirement System Members As Well As City or County Employees
20.5.11.3 Dept. of Corrections; Dept. of Youth Authority; Atascadero State Hospital; Employees of (Lab. Code sec. 3212.2)
20.5.11.4 Calif. State Police; Employees of (Lab. Code. sec. 3212.3)
20.5.11.4.1 Injury; Peace Officers of Department of California Highway Patrol
20.5.11.5 University of Calif. Fire Dept.; Employees of (Lab. Code sec. 3212.4)
20.5.11.6 City Or Municipal Police Dept.; State Highway Patrol; Employees of (Lab. Code sec. 3212.5)
20.5.11.7 City or County Police Dept.; Employees of (Lab. Code sec. 3212.6)
20.5.11.8 Department of Justice; Employees Within "State Safety" Class (Lab. Code sec. 3212.7)
20.5.11.8.1 Peace Officers and Firefighters - Blood Borne Infectious Diseases
20.5.11.9 University of Calif. Police Dept.; Employees of (Lab. Code sec. 3213)
20.5.11.9.1 Injuries Include Lower Back Impairment For Certain Law Enforcement Employees; Duty Belt Defined
20.5.11.10 What is "Heart Trouble"?
20.5.11.11 What Do the Words "Develops or Manifests Itself" Mean?
20.5.11.12 Hypertension
20.5.11.13 Peace Officers, Definition of
20.5.11.14 Early Intervention Program
20.6.0 Basic Benefit Scheme
20.6.1 Medical, Surgical, Hospital and Dental Treatment
20.6.1.1 Transportation Expenses
20.6.2 Temporary Disability Indemnity
20.6.3 Permanent Disability Indemnity
20.6.4 Life Pension
20.6.5 Death Payments
20.6.6 Burial Expenses
20.6.7 Discrimination Benefits
20.6.8 Penalies for Unreasonable Delay in Providing Benefits
20.6.9 Rehabilitation Benefits-Supplemental Job Displacement Benefit
20.6.10 Serious and Willful Misconduct Benefits-Employer or Employee
20.6.11 Subsequent Injuries Benefit Trust Fund (SIBTF)
20.6.12 Asbestos Workers' Benefits
20.7.0 Medical Benefits
20.7.1 Medical and Hospital Treatment
20.7.2 Employers Must Authorize All Medical Treatment Consistent With the Guidelines for Alleged Injuries That are Set Forth in a Claim Form, Within One Working Day of Receipt of the Claim Form, and Provide Treatment Until the Claim is Accepted or Rejected, Up To a Maximum of $10,000.00
20.7.2.1 Prohibition Against Rescinding Authorization for Medical Treatment
20.7.3 Limitations on Chiropractic, Occupational and Therapy and Physical Therapy Visits
20.7.4 What are Prosthetic Devices
20.7.5 Nursing Care, Medications, Medical Supplies, Braces, and Other Medical Aids
20.7.6 Housekeeping Services
20.7.7 Physician, Surgeon, Chiropractic, Acupuncturist, Orthopedic, Podiatrist, Dentist, Optometrist, or Psychiatric Care
20.7.7.1 Physician Assistants and/or Nurse Practitioners
20.7.7.2 Right of Medical Assistants to Render Adjunct Services Involving Concepts of Physical Therapy
20.7.7.3 Physician's Right to Sell and Dispense Drugs to Patients
20.7.7.4 Generic Drug Equivalent, When Available, Must be Dispensed Absent Special Circumstances
20.7.7.5 Acupuncturist
20.7.8 Marriage, Family, Child Counselors, and Clinical Social Workers Services
20.7.9 Hospital or Similar Care Facility
20.7.10 Medical-Legal Expense-Laboratory, X-Ray, and Medical Reports
20.7.10.1 Nurse Case Manager
20.7.10.2 Drugs Not Approved by the Food and Drug Administraton
20.7.11 Travel Expenses and Temporary Disability Indemnity While Submitting to Evaluation
20.7.12 Living Expenses While Seeking Treatment Away From Home
20.7.12.1 Treatment by Original Physician Who Has Moved to Distant Location
20.7.12.2 Preauthorized For Physical Therapy, MRI's and Psychometric Testing
20.7.13 Other Forms of Treatment Agreed Upon
20.7.14 Asbestos
20.7.15 Private Medical Policy Must Provide Benefits While Workers' Compensation Liability is Being Litigated
20.7.15.1 Industrial Medical Council (IMC)
20.7.16 Medical Examinations
20.7.16.1 Limitation of Section 4050 Exam to Rebut a QME if Applicant is Unrepresented
20.7.17 Employee Notice to Employer of Injury
20.7.17.1 Medical Reports
20.7.17.2 Labor Code Section 139.31, Exceptions to Section 139.3
20.7.17.3 Medical Reports (First Report of Injury)-Duty to File
20.7.17.4 Duty of the Employer to Give Notice to Insurer of Injury to Employee
20.7.17.4.1 Duty of the Employer Under Section 14001
20.7.17.5 Duty of the Insurer
20.7.17.6 Duty of the Physician
20.7.17.6.1 Reproduction of the Doctor's Report-Section 14007
20.7.17.6.2 Attestation in Body of Medical Reports
20.7.17.7 Utilization Review Process
20.7.17.7.1 New Utilization Review Process That Employers Must Adopt on or After January 1, 2004
20.7.17.7.2 Timelines Are Mandatory
20.7.17.7.3 Unrepresented Employees
20.7.17.7.4 Utilization Review Physician Cannot Be Deposed
20.7.17.7.5 Unreasonable Delay for Providing Medical Treatment For Periods of Time Necessary to Complete the Utilization Review Process
20.7.17.7.6 Complaint Form
20.7.17.8 Confidentiality of Employer's Report and Physician's First Report of Injury
20.7.18 Controlling the Medical Treatment Prior to January 1, 2005, and Thereafter, if the Employer Has Not Established a Medical Provider Network and Provides Around the Clock Medical Care and the Employee Has Pre-Designated a Treating Physician
20.7.18.1 Reasonable Geographic Area
20.7.18.1.1 How Often Can an Injured Employee Change Treating Physicians?
20.7.18.1.1.1 Limitation to Changing Treating Physician Under Labor Code Section 4062
20.7.18.1.1.2 Spinal Surgery Second Opinion Process
20.7.18.2 Personal Physician
20.7.18.2.1 Primary Treating Physician
20.7.18.3 Employee-Selected Physician Fails to Provide Reports, or Respond to Reasonable Requests by Defense, Consequences If
20.7.18.3.1 Procedure For Employee to Take Over Medical Care
20.7.18.3.2 Penalty For Delay in Authorizing Treatment, Tests, and/or Consultations
20.7.18.4 Payment of Employee-Selected Physician Bills as Well as Employer Designated Physician Bills
20.7.18.4.1 Electronic Medical Billing
20.7.18.4.2 Payment For Medical Treatment
20.7.18.4.3 Failure to Object Does Not Result in Waiver of Objections
20.7.18.4.4 Right of Medical Provider to Collect Bill From Employee
20.7.18.4.5 Objections to Billings For Medical Treatment by Employee-Designated Physicians-Operative April 13, 1993
20.7.18.5 Change of Physician Request
20.7.18.5.1 Employee's Request to Change Physician
20.7.18.6 Duty of Employer to Advise Injured Employee of Right to Select Own Physician
20.7.18.7 Right to Consulting Physician in a Serious Case
20.7.18.8 Right to Consulting Physician in Any Case
20.7.18.8.1 Personal Physician or Chiropractor Presumption of Correctness Repealed For All Claims Regardless of Date of Injury
20.7.18.9 Right of Injured Employee to Refuse Surgery
20.7.18.10 Right to Disability Benefits is Barred if Employee Refuses to Submit to Medical Examination or Obstructs the Examination After Being Directed to Report For Examination by the Board
20.7.18.11 Consequences if Refusal of Carrier to Provide Medical Care Prolongs Disability Period
20.7.18.12 Consequences of Defective Treatment That Increases Disability
20.7.18.13 Injured in Accident While Traveling to or From Treatment or Medical Examination
20.7.18.13.1 Consequences of Nonindustrial Accident That Aggravates Industrial Treatment
20.7.18.14 Medical Loss of Control by Carrier-Consequences
20.7.18.15 Treatment For Family Members of Injured Employee
20.7.19 Limit of Medical Award
20.7.19.1 A Precautionary or Provisional Medical Award May Not be Terminated More Than FIve (5) Years After an Injury
20.7.20 Self-Procured Medical Treatment
20.7.20.1 What if Emergency Treatment Was Required?
20.7.20.2 Self-Procured Medical Treatment Obtained in a Foreign Country
20.7.20.3 Must Prove Self-Procured Treatment Was Reasonably Necessary
20.7.20.4 Treatment Secured From Private Sources at No Cost to Employee
20.7.20.5 Expenses Incurred at Distant Locations
20.7.20.5.1 Outpatient Surgical Center Facility Fees
20.7.21 Medical-Legal Reports and Expenses
20.7.22 Medical Fee Schedule For Medical Services Provided to Employee
20.7.23 Fees For Comprehensive Industrial Medical-Legal Reports
20.7.23.1 Effects of Medical Fee Schedule on Self-Procured Medical Expenses
20.7.23.2 Medical-Legal Fee Schedule Regulations
20.7.23.3 Clerical Cost of Producing Medical-Legal Report
20.7.24 Treatment of Nonindustrial Conditions
20.7.24.1 Right of Medical Provider and an Employer to Agree On Fee Arrangement
20.7.24.1.1 Fees For Medical Experts, or Others, In Other Than Workers' Compensation Matters
20.7.24.2 The Appeals Board May Resolve Medical Liens by Arbitration if Parties Agree
20.7.25 First Aid and/or Emergency Treatment
20.7.26 Duty to Report Fraudulent Medical Care Claims
20.7.27 Controlling Medical Care if Employer or Insurer Contract With Two or More Health Care Organizations, Certified to Provide Care as of August 1, 1994
20.7.28 Reporting of Defective Medical Reports to Administrative Director and Licensing Body
20.7.29 Liens
20.7.30 Medical Benefits Provided to All Industrially Injured Employees, On or After April 2004, Regardless of Date of Injury
20.7.30.1 American College of Occupational Medicine Practice Guidelines
20.7.30.2 How is Medical Treatment Under Labor Code Section 4600 Altered by This New Legislation?
20.7.30.3 Pre-Designation of a Physician
20.7.30.4 The Administrative Director's Guidelines
20.7.30.5 Limitations of Occupational Therapy
20.7.30.6 National Medical Community Guidelines
20.7.30.7 Medical Provider Network (MPN)
20.7.30.8 Highlights of the New "Medical Provider Network"
20.7.30.9 Continuity of Care
20.7.30.10 How and Injured Employee Enters the "Medical Provider Network" on or After January 1, 2005
20.7.30.11 Second Opinion
20.7.30.12 Third Opinion
20.7.30.13 Where Does a Dispute Go as to Treatment or Diagnostic Services
20.7.30.14 The Independent Medical Reviewer's Role
20.7.30.15 How the Administrative Director Selects the Independent Medical Reviewer?
20.7.30.16 Who is Grandfathered Into Approval as an Approved Independent Review Medical Organization?
20.7.30.17 Nurse Case Manager
20.7.30.18 Employees Right to Immediate Medical Treatment
20.7.30.19 Consequences of Failing to Comply With Medical Provider Regulations as to Notices
20.7.30.20 Doctor's Right to Admission to an MPN
20.7.30.21 Explanation of Benefits (EOB's)
20.8.0 Earnings
20.8.1 Injuries Sustained on or After January 1, 1990 and Before January 1, 2003
20.8.2 Section 4453 Amended Effective January 1, 2003
20.8.3 Minimum Rate
20.8.4 Effect of State and Federal Income Taxes on Benefits
20.8.5 Undocumented Workers
20.9.0 Cost of Living Adjustment
20.10.0 Minors or Incompetents-Guardian Ad Litem-Trustee
20.10.1 Earnings of a Minor
20.10.2 Illegally Employed
20.11.0 Temporary Disability Benefits
20.11.1 Pregnancy During a Period of Temporary Disability
20.11.2 Wage Loss-Only Partially Temporarily Disabiled
20.11.3 Injured Employee is Not Entitled to Temporary Disability Indemnity to Reimburse For Wages Lost While Pursuing Medical Treatment Once Found Permanent and Stationary
20.11.4 Determining of Weekly Indemnity Rate
20.11.5 If Temporary Total Disability Indemnity is Paid For Disability Two or More Years After the Injury, Payment Must Be Based on Current Rates (Applies to Benefits Paid For Rehabilitation and Death Benefits)
20.11.6 To Whom Paid?
20.11.7 Not Subject to Other Debts
20.11.8 Notices and Advice to Injured Employees
20.11.9 [Reserved]
20.11.10 [Reserved]
20.11.11 [Reserved]
20.11.12 For Injuries Sustained on or After July 1, 1994
20.11.13 Partial Loss of Earnings
20.11.14 Maximum Period of Temporary Disability Indemnity
20.11.15 [Reserved]
20.11.16 Between January 1, 1979 and April 19, 2004
20.11.17 Consequence of Intervening Events
20.11.18 Special Payments For Certain Classes of Employees
20.11.19 Special Payments to Highway Patrol Members, Department of Justice, and San Francisco Port Commission Employees
20.11.20 Special Payments to University of California Fire Department Employees
20.11.21 Special Payments to University of California Police Department Employees
20.11.22 Special Payments to Policepersons, Firepersons, Sheriffs, Lifeguards, and Others (Labor Code Section 4850 Benefits)
20.11.23 Credit Against Vocational Rehabilitation Cap
20.11.24 Special Payments to Other State Employees
20.11.25 Public Entity Employees Must Comply With Claim Presentation Requirements
20.11.26 Legal Limbo Between Ending of Temporary Disability Benefit and Commencement of Permanent Disability
20.11.27 Procedure For Resolving Disputes Over the Compensability of Any Injury Sustained on or After January 1, 1994
20.11.28 Employee Not Represented (Dispute Over Compensability)
20.11.29 Employee Represented
20.11.30 Temporary Disability Indemnity Limits For Injuries Sustained on or After April 19, 2004
20.11.31 Determination of Compensability, Temporary Disability, Permanent Disability, Need for Medical Care and Other Issues
20.11.31.1 Procedure to Determine Compensability of an Alleged Injury: Unrepresented Injured Worker (Effective April 19, 2004)
20.11.31.2 Procedure to Determine Compensability of an Alleged Injury: Represented Injured Worker (Effective January 1, 2005)
20.11.31.3 Labor Code Section 4061 Procedure to Determine Permanent Disability Rating: Unrepresented Injured Worker (Effective April 19, 2004)
20.11.31.4 Labor Code Section 4061 Procedure to Determine Permanent Disability Rating: Represented Injured Worker (Effective January 1, 2005)
20.11.31.5 Procedure to Object to a Medical Determination Made by the Treating Physician Concerning Medical Issues Not Covered by Section 4060 or 4061 and Not Subject to Utilization Review Under Section 4610: Unrepresented Employee (Effective April 19, 2004)
20.11.31.6 Procedure to Object to a Medical Determination Made by the Treating Physician Concerning Medical Issues Not Covered by Section 4060 or 4061 and Not Subject to Utilization Review Under Section 4610: Represented Employee (Effective January 1, 2005)
20.11.31.7 Defendant is Not Entitled to Rebut an Opinion by a QME Selected From a Panel by Securing a Section 4050 Exam
20.12.0 Permanent Disability Benefits Before SB 899
20.12.1 Determining Percentage of Permanent Disability For Compensable Claims Arising Before January 1, 2005
20.12.2 When Payable
20.12.3 During Rehabilitation
20.12.4 Rehabilitation Benefits May be a Factor in Determining Permanent Disability (LeBoeuf)
20.12.5 Progressive Disease
20.12.6 Apportionment
20.12.7 Cosmetic Disfigurement
20.12.8 Subjective Complaints
20.12.9 Disabilities Presumed- 100 Percent
20.12.10 Sensativity to Substances (Chemicals)
20.12.11 Two or More Separate and Independent Injuries (Avoiding Overlap)
20.12.12 Multiple Injuries Suffered on Contemporaneously (Avoiding Overlap)
20.12.13 Determining Extenet of Permanent Disability For Compensable Claims Arising on or After April 19, 2004
20.12.14 Totally Disabled Prior to Injury, but Still Working
20.12.15 Schedule For Rating Permanent Disabilities
20.12.16 Standard Ratings
20.12.17 Informal Standard Ratings
20.12.18 Calculating Weekly Permanent Disability Payments
20.12.19 Proper Rate if Several Injuries Straddle a Rate Change and Different Carriers
20.12.20 How to Determine the Compensable Permanent Disability Award if the Overall Disability is Composed of Industrial and Nonindustrial Factors, After April 1, 1972
20.12.21 How to Determine the Permanent Disability Award if Two or More Injuries to the Same Part of the Body Become Permanent and Stationary at the Same Time, and Similar or Different Employers Are Involved
20.12.22 Permanent Disability Indemnity Cannot Be Paid Until the Right to All Temporary Disability Resulting From All Injuries Has Expired
20.12.23 Nominal Permanent Disability
20.12.24 Aggregate Permanent Disability Indemnity Charts
20.12.25 Supplemental Job Displacement Benefits
20.12.26 Determining Percentage of Permanent Disability For Compensable Claims Arising on or After January 1, 2005, and Before, in Certain Circumstances
20.13.0 Permanent Disability Benefits After SB 899
20.13.1 Effect of SB 899 on Permanent Disability
20.13.2 Application to Injuries Before January 1, 2005
20.13.3 Rebutting the AMA Guides
20.13.4 Future Earning Capacity (FEC)
20.13.5 Rebutting the FEC
20.14.0 Apportionment
20.14.1 Cumulative Injury Situations
20.14.2 Medical Treatment
20.14.3 Temporary Disability Indemnity
20.14.4 Between Employers/Insurance Carriers
20.14.5 Permanent Disability
20.14.6 Prophylactic Work Restriction
20.14.7 Psychiatric Disability
20.14.8 Between an Industrial Injury and Subsequent Unreated Noncompensable Injury
20.14.9 Between Industrial Injuries
20.14.10 Between Insurance Carriers
20.14.11 Rehabilitation
20.14.12 Effect of Prior Apportionment on Award to Reopen For Increased Disability
20.14.13 [Reserved]
20.14.14 Death Benefits
20.14.15 Apportionment of Permanent Disability on or After April 19, 2004
20.14.16 Calculation of Apportionment Before April 19, 2004
20.14.17 Calculating Apportionment Subsequent to April 19, 2004
20.15.0 Life Pensions
20.16.0 Death Benefits
20.16.1 Total and Partial Dependents
20.16.2 Other Dependents
20.16.3 [Reserved]
20.16.4 Death Benefit Changes
20.16.5 Burial Expense
20.16.6 Injury Date Used as Determining Death Benefit
20.16.7 Who Qualifies as a Dependent?
20.16.8 Total Dependents
20.16.9 Wholly Dependent Child
20.16.10 Putative Wife as a Surviving Widow-Meretricious Relationship
20.16.11 Partial Dependents
20.16.12 How Are Benefits Distributed Between Total and Partial Dependents
20.16.13 Board Has Power to Determine Paternity of a Child
20.16.14 For Deaths Resulting From Injuries Sustained on or After January 1, 1981
20.16.15 Apportionment of Death Benefits
20.16.16 How Are Death Benefits Paid
20.16.17 Deceased Employee or Beneficiary Leaves Accrued Benefits
20.16.18 Deceased Employee Leaves No Dependents or Leaves Dependents That Are Not Entitled to the Full Amount of the Total Death Benefits That Would Be Payable to a Surviving Spouse With No Dependent Children
20.16.18.1 Reimbursement
20.16.19 Hearing Locations
20.16.20 Death Occurs Under Mysterious Circumstances
20.16.21 Special Death Benefit For Dependents of Assassinated Public Officials
20.16.22 Autopsy and Exhumation
20.16.23 Special Benefit For Dependents of Peace Officers Killed or Totally Disabled in the Performance of Duty
20.16.24 Death of a Member of the Public Employees' Retirement System
20.16.25 Limitation on Time to File Application For Death Benefits
20.16.26 Deceased Employee Previously Litigated Issue
20.16.27 Department of Transportation Employees
20.17.0 Supplemental Job Displacement Benefits
20.17.1 Return to Work Program-Expense Reiumbursement for Employers
20.17.2 Return to Work Program
20.17.3 Vocational Rehabilitation Benefits
20.17.3.1 Vocational Rehabilitation Maintenance Allowance
20.18.0 Serious and Willful Misconduct Benefits
20.18.1 Misconduct by Employee
20.18.2 The Following Circumstances Have Been Held to Constitute Serious and Willful Misconduct on the Part of the Employee Which Proximately Caused Injury to the Employee, Thereby Justifying Reducing the Employee's Compensation Award by One-Half
20.18.3 Misconduct by Employer
20.18.4 Serious and Wilfull Misconduct Based Upon Violation of a Safety Order
20.18.5 The Following Circumstances Have Been Held to Have Constituted Serious and Willful Misconduct on the Part of the Employer Which Proximately Caused Injury to the Employee, Thereby Justifying an Award For Such Benefits Against the Employer
20.18.6 The Following Circumstances Have Been Held Not to Have Constituted Serious and Willful Misconduct on the Part of the Employer
20.18.7 Right of Opposing Party to Inspect Premises
20.18.8 What the Additional Compensation is Based Upon
20.18.9 May Be Awarded Against Governmental Agencies
20.18.10 Employer May Not Insure Against Serious and Willful Misconduct Liability
20.18.11 Claim Must be Filed Within Twelve Months of Alleged Midconduct
20.18.12 All Allegations of Misconduct Must be Pleaded Separately
20.18.13 Settlement of a Claim For Normal Workers' Compensation Benefits by Compromise and Release Does Not Settle Serious and Willful Misconduct Claim Unless Clear Language to That Effect in the Settlement Papers
20.18.14 Right to Bring Civil Action Against Employer For Removal or Failure to Install a Point of Operation Guard on a Power Press
20.19.0 Subsequent Injuries Fund Benefits
20.19.1 Liability of the Fund Must be Reduced By Certain Money Payments Received by the Applicant
20.19.2 When Do Fund Payments Commence
20.19.3 Fund is Not Required to Provide Medical Care But Must Pay Reasonable Medical Costs Incurred in Making the Claim
20.19.4 Fund Not Bound by Prior Settlement or Litigation Results
20.19.5 Application Procedure
20.19.6 When Claim Must be Filed
20.19.7 Compromise and Release of a SIBTF Claim
20.19.8 Who Pays Cost of Fund Liability
20.19.9 Who Defends the Fund
20.19.10 Fund is Not Liable For Vocational Benefits
20.19.11 Special Hearing Locations
20.20.0 Discrimination for Claiming an Industrial Injury
20.20.1 Appeals Board May Interpret Collective Bargaining Agreement to Rule on Discrimination
20.20.2 Casual Employees
20.20.3 If Employee is Unable to Return to Work, Claim May be Premature
20.20.4 Disability Provisions of Benefit Plan Applied in Discriminatory Manner
20.20.5 ERISA Preempts Pension Benefits
20.20.6 The Exclusive Remedy Rule Does Not Preclude an Americans With Disabilities Claim and/or a FEHA Claim As Well as a 132(a) Claim
20.20.7 Safety Bonus Denial
20.20.8 Must have an Employer-Employee Relationship
20.20.9 Laid-Off Status Entitles Employee to Protection
20.20.10 Salary Reduction or Denial of Merit/Salary Increase as Basis of Disability Discrimination
20.20.11 Testifying For Co-Employee
20.20.12 Reinstatement to Permanent Position
20.20.13 Duty to Mitigate Damages
20.20.14 Any Judge Can Hear a 132a Claim
20.20.15 Issue May Not Be Subject of Arbitration
20.20.16 Civil Action Incuding FEHC Claims
20.20.17 Res Judicata
20.20.18 Credit Against Third-Party Recovery
20.20.19 Compromise and Release of Benefits
20.20.20 No Right to Civil Penalties
20.20.21 Definition of Compensation
20.20.21.1 Malicious Prosecution
20.20.21.2 Alternative Resolution Dispute Programs
20.21.0 Retroactive Operation of Compensation Laws
20.22.0 Fraud
30.0 Claims Process
30.1.0 Notice by Employer to Employee of Possible Benefits
30.2.0 Notice by Employee to Employer of Injury
30.3.0 How to Apply for Normal Benefits
30.3.1 Claim Form
30.3.2 Presumption of Compensability-Labor Code Section 5402
30.3.3 Dismissal of Claim Form
30.3.4 Administrative Assistance
30.3.5 Direct Informal Adjustment
30.3.6 Rights of Employer For Notification of Claim From Insurance Carrier and Right to Objection to Settlements-Employer's Bill of Rights
30.3.7 Employer's Right to Access to Claim Documents, Right to Discuss Claim With Insurer-Employer's Bill of Rights
30.3.8 Right to Reserve Information
30.4.0 Payment of Disability Indemnity
30.5.0 Confidential Information
30.5.1 Medical Confidentiality Act of 1982
30.5.2 Purpose
30.5.3 Two Groups Covered
30.5.4 Definition of Terms
30.5.5 Providers of Health Care
30.5.6 Authorization
30.5.7 Employers
30.5.8 Authorization
30.5.9 Exceptions to the Act
30.5.10 Violations
30.5.11 Patient-Litigant Exception
30.5.12 Workers' Compensation Identifiable Information Protected
30.5.13 Psychotherapist Threat
40.0 Litigation Process
40.1.0 Attorneys
40.1.1 Fees
40.1.2 Attorney or Law FIrm May Divide Fees With Other Lawyers and May Give Incidental Nonmonetary Gifts For Recommendations; Employees May Be Paid For Recommendation
40.1.3 Substitution of Attorney
40.1.4 Representatives Who Are Not Attorneys May Not Charge an Injured Worker
40.1.5 Runners or Cappers
40.1.6 Prohibition of Various Statements
40.1.7 Attorney Liable For Payment of Award
40.1.8 Malpractice
40.2.0 Employer Suits for Carrier Bad Faith
40.2.1 Crisci Case (Refusal to Accept Reasonable Offer Within Policy Limits)
40.2.2 Silberg Case (Refusal to Provide Medical Care Under a Private Policy While Workers' Compensation Claim is Being Litigated)
40.2.3 Egan Case (Failure to Properly Investigate a Claim)
40.2.4 Types of Cases
40.2.5 Parties
40.2.6 Assignment of Rights
40.2.7 Defenses
40.2.8 Statute of Limitations
40.2.9 Damages
40.2.10 Compensatory Damages
40.2.11 Punative (Exemplary) Damages
40.2.12 Right of Employer to Bring Civil Action Against Insurer For Negligent Claims Handling
40.2.13 Right of Employer to Bring Civil Action Against Insurer For Breach of Implied Covenant of Good Faith and Fair Dealing and Negligence, Based on Claim of Insurer's Misconduct in Analyzing and Reporting Financial Data to Rating Bureau That Results in Higher Premiums For the Employer
40.2.14 Settlement of a Subrogation Claim in a Third-Party Suit For Less Than the Workers' Compensation Insurance Benefits Paid, Where the Settlement Will Result in a Loss to the Insured, May Constitute "Bad Faith"
40.2.15 Duty to Defend
40.3.0 Jurisdiction of the Appeals Board
40.3.1 Hired or Regularly Employed in California and Injured in or Outside of California
40.3.2 Injuries Occuring Upon Navigable Waters and Adjoining Areas
40.3.2.1 Credit Between California Workers' Compensation Act and Longshore and Harbor Workers' Compensation Act
40.3.2.2 Jones Act
40.3.3 Hired Outside of California and Injured in California
40.3.4 Concurrent Jurisdiction With Superior Court
40.3.5 Over Insurance Carriers
40.3.5.1 Hired Outside of California and Injured Outside California
40.3.6 Over Unfair Competition Law
40.3.7 When is an Appeals Board's Decision Binding?
40.3.8 Small Claims Actions
40.3.9 Full Faith and Credit
40.4.0 Conflicts Between the State Laws and Laws of other Entities
40.5.0 Time Limitations
40.5.1 Normal Injury Benefits
40.5.2 Occupational Disease or Cumulative Injury Benefits
40.5.3 Death Benefits
40.5.4 Rehabilitation Benefits
40.5.5 Serious and Willful Misconduct by Employer
40.5.6 Serious and Willful Misconduct by Employee
40.5.7 Discrimination Under Section 132a
40.5.8 Subsequent Injuries Fund
40.5.9 Minors
40.5.10 Disability Has EIther Recurred, Increased, Diminished, or Terminated
40.5.11 Original Injury Has Caused New and Further Disability
40.5.12 Estoppel to Raise Defense of Statute of Limitations
40.5.13 Employee Notices
40.5.14 Collateral Estoppel
40.5.15 Credit For Third-Party Recovery
40.5.16 Doctrine of Equitable Tolling of Statute of Limitations
40.6.0 Laches
40.7.0 Filing an Application
40.7.1 Normal Benefits Between January 1, 1990 and January 1, 1994
40.7.2 Application For Normal Benefits On or After January 1, 1994
40.7.3 Representation
40.7.4 Prerequisite to the Filing of an Application
40.7.5 Service
40.7.6 Fee Disclosure Statement
40.7.7 Information Request and Response Forms
40.7.8 Death Benefits
40.7.9 Serious and Willful Misconduct Benefits
40.7.10 Subsequent Injury Benefits
40.7.11 Petitions
40.7.12 Where to File
40.7.13 Special Hearing Locations
40.7.14 Board Procedure if Applicant Files in Improper Board Office
40.7.15 Petition For Change of Venue
40.7.16 Board Processing
40.7.17 Expedited Hearing and Decision
40.7.18 Asbestos Cases (Special Rules)
40.7.19 Miscellaneous Topics
40.7.20 Venue
40.7.21 Minors and Incompetents
40.7.22 Amending Pleadings to Conform to Proof
40.7.23 Addresses
40.7.24 Answer
40.7.25 Dismissal of an Application For Adjudication of Claim
40.8.0 Discovery
40.8.1 Claim Forms
40.8.2 Depositions
40.8.2.1 Contempt For Refusing to Appear or Be Sworn
40.8.3 Interrogatories
40.8.4 Vocational Expert's Report
40.8.5 Videotape
40.8.6 Sexual Harassment, Sexual Assault, or Sexual Battery
40.9.0 Declaration of Readiness to Proceed (DOR)
40.9.1 Walk-Through Calendar
40.9.2 Computer Printout of Benefits Paid
40.9.3 Physician's Report
40.9.4 [Reserved]
40.10.0 Arbitration
40.11.0 Judges and Mandatory Settlement Conferences
40.12.0 Stipulated Award
40.12.1 Collateral Estoppel Effect of Stipulation
40.13.0 Compromise and Release Agreements
40.13.1 Discrimination Cases (Labor Code Section 132a)
40.13.2 Occupational Disease or Cumulative Injury Cases
40.13.3 Rehabilitation Cases-Thomas Finding
40.13.4 Effect of an Earlier Compromise and Release on a Subsequent Claim of Injury to the Same Part of and Employee's Body
40.13.5 Subsequent Injury Fund or Serious and Willful Misconduct Cases
40.13.6 Approval and Setting Aside of a Compromise and Release
40.13.7 Offset of Social Security or Pension Plan Benefits
40.13.8 Procedure in Filing the Release
40.13.9 May Constitute Filing of a Claim
40.13.10 Public Employees Retirement System; Effect of Settlement On
40.13.11 Right to Petition
40.13.12 Structured Settlements
40.13.12.1 Life Care Plan
40.14.0 Hearing
40.14.1 Judicial Disqualification
40.14.2 Petition to Disqualify a Judge
40.14.3 Automatic Reassignment Based on the Belief Unable to Get a Fair Hearing From Judge Assigned to the Case
40.14.4 Consolidation of Cases For Hearing
40.14.5 Written Nonmedical Evidence
40.14.6 Written Medical and Other Evidence
40.14.7 Letters of Appointment For Medical-Legal Evaulations
40.14.8 Treating Physician Findings
40.14.9 Agreed or Qualified Medical Evaluator Must Not Accept Referral Gifts and Must Disclose Any Significant Interest in Entities to Whom He or She Refers Patients
40.14.10 X-Rays
40.14.11 Duty to Disclose All Medical Reports
40.14.12 Hospital or Dispensary Records
40.14.13 Patient Access to Health Records
40.14.14 Vocational Expert
40.14.15 Right of the Appeals Board and Judges to Order Employee to be Examined by a Physician
40.14.16 [Reserved]
40.14.17 Agreed Medical Examiners (AME)
40.14.18 Subpoenas
40.14.19 Rules of Evidence
40.14.20 Binding Authority of En Banc Decisions and Significant Panel Decisions
40.14.21 Liberal Construction
40.14.22 Providing of Benefis Not Due is Not an Admission of Liability
40.14.23 Immigration Status
40.14.24 Presumptions
40.14.25 Compensability of Claim
40.14.26 Rehabilitation
40.14.27 Diseases Incurred by Safety Employees
40.14.28 Permanent Disability
40.14.29 Person Rendering Service
40.14.30 Rendering Service For Which License Required
40.14.31 Physician and Surgeon
40.14.32 Minors
40.14.33 Spouse
40.14.34 Appeals Board Orders
40.14.35 State, Counties, and Cities
40.14.36 Continuing Temporary Disability
40.14.37 Insurance Contracts
40.14.38 Treating Physicians Findings
40.14.39 Burden of Proof
40.14.40 Collateral Estoppel
40.14.41 Judicial Estoppel
40.14.42 Res Judicata
40.14.43 The Hearing Procedure
40.14.44 Lien Claimant
40.14.45 Waiving Right to Appeal
40.14.46 Judge's Decision
40.14.47 Judge Has 15 Days to Reconsider
40.14.48 Sanctions and Fines For Bad-Faith Actions or Tactics
40.14.48.1 Uninsured Employers Benefits Trist Fund (EUBTF)
40.14.49 Collateral Estoppel
40.14.49.1 Other Requests For Action By the Appeals Board
40.15.0 Costs
40.15.1 Answering Petition For Writ of Review
40.15.2 Expert Witness
40.15.3 Attorney Fees
40.15.4 Sanctions, Costs and Attorney Fees For Frivolous Actions
40.15.5 Copying Medical Records
40.15.6 Copying Board Records-Case File Inspection
40.15.7 Disabiity Evaluation Testimony
40.15.8 Interpreter Fees
40.15.9 Medical-Legal Costs
40.15.10 Notification of Medical-Legal Appointment
40.15.11 Right of Lein Claimants to Due Process
40.15.12 Transcripts
40.15.13 Witness Fees
40.15.14 Peace Officers or Firefighters
40.15.15 Medical Examiners
40.15.16 Deposition Costs
40.15.17 Subpoena Costs
40.15.18 No Employer-Employee Relationship
40.16.0 Right to Appeal Judge's Decision
40.16.1 Amendment of Judge's Award to Correct Clerical or Mathematical Error
40.16.2 The Petition For Reconsideration
40.16.3 The Answer to the Petition For Reconsideration
40.16.4 Judge or Referee Has 15 Days to Amend, Modify, or Rescind Decision
40.16.5 Petition For Removal of Case From Judge to Appeals Board
40.17.0 The Appeals Board's Decision
40.17.1 Sanctions For Frivolous Actions
40.18.0 Right to Appeal the Appeals Board's Decision
40.19.0 Transcript of Testimony
40.20.0 Petition for Writ of Review-District Court of Appeal
40.20.1 When Does Statutory Time to File Commence to Run
40.20.2 Failure to Attach Exhibits Will Result in Denial of Writ
40.20.3 Must Fairly and Accurately State All Material Evidence on Issues Under Appeal
40.20.4 Must be Verified
40.20.5 Unpublished Opinions
40.20.6 Written Undertaking Must Be Executed
40.20.7 Substantial Evidence Needed to Support Award
40.20.8 Remittitur
40.21.0 Petition for Hearing-State Supreme Court
40.22.0 Petition to Reopen Subsequent to a Findings and Award or Order
40.23.0 Awards
40.23.1 Bankruptcy or Insolvency of Employer
40.23.2 Child Support
40.23.3 Community Property Aspect of an Award
40.24.0 Commutation of Award
40.24.1 Procedure to Request For Commutation
40.24.2 Uninsured Employer
40.24.3 Commutation of Subsequent Injuries Fund or Rehabilitation Benefits
40.24.4 Asbestos Workers' Account Benefits
40.25.0 Interest on Award
40.25.1 Joint Venture
40.26.0 Survival of and Award After Employee's or Dependent's Death
40.27.0 Attachments
40.28.0 Liens
40.28.1 Attorney Fees
40.28.2 Medical Treatment For Injury
40.28.3 Proposal to Reduce Lien Under Labor Code Section 4903.1
40.28.4 Government Agencies' Right to File a Lien
40.28.5 May Be Assigned
40.28.6 Representation of Lien Claimant By Applicant's Attorney
40.28.7 Living Expenses/Temporary Disability Income
40.28.8 Gifts
40.28.9 Burial Expenses of Employee
40.28.9.1 Living Expenses of Family if Employee Deserts Family
40.28.10 Unemployment Compensation Benefits
40.28.11 Unemployment Compensation Disability Benefits
40.28.11.1 Proposal to Reduce Lien of Employment Development Department
40.28.12 Indemnification to Victims of Crimes
40.28.13 Expenses and Costs of Asbestos Workers' Account
40.28.14 Uninsured Employers Fund
40.28.15 Medi-Cal
40.28.16 Notice Requirement
40.28.17 Contents of Notice
40.28.17.1 First Lien of Medi-Cal
40.28.18 Effect of Settlement Without Notice to Director
40.28.19 Compromises
40.28.20 Attorney Fees-Medi-Cal Liens
40.28.21 Right to Notice of ADA and FEHA Benefits and or Right to Modified or Alternative Work
50.0 Penalties and Extraordinary Remedies
50.1.0 Increased Compensation for Delay in Providing Benefits ("Penalty")
50.1.1 Guidelines
50.1.2 Burden of Proof
50.1.3 What Constitutes Reasonable Delay-Genuine Doubt From Legal or Medical Point of View as to Liability
50.1.4 Board Bound By Court of Appeal Finding of No Reasonable Basis For Writ
50.1.5 Penalty Applies to Total Amount of Benefit Awarded, Not Just on Delayed Amount, But Not to Different Specie of Benefit Where There Has Been No Delay With Respect to the Latter Payments
50.1.6 Multiple Penalties
50.1.7 Penalty on a Penalty
50.1.8 Delay in Authorization of Treatment, Tests, and/or Consultations
50.1.9 Medical Treatment Payment Delay and/or Failure to Authorize Treatment
50.1.10 Penalty Payable to Employee
50.1.11 Crediting Overpayment Against Award
50.1.12 Crediting Third-Party Recovery Against Benefits Due
50.1.13 Taking Credit For Overpayment of Temporary Disability Against Liability For Permanent Disability
50.1.14 Interest Delay
50.1.15 Lump Sum Stipulation For Retroactive Temporary and Permanent Disability
50.1.16 Travel Expenses For Medical Care
50.1.17 Attorney Fee
50.1.18 Rehabilitation Benefit
50.1.18.1 Delay Due to Failure of Employer
50.1.19 Delay in Paying Compromise and Release Agreement
50.1.20 Prospective Penalty
50.1.21 Failure to Promptly Pay Death Benefits
50.1.22 Benefits Must Be Paid Without Waiting For a Board Award
50.1.22.1 Continuing Jurisdiction of Board Assess Penalty
50.1.23 Temporary Disability or Permanent Disability Checks Not Issued on Time
50.1.24 Unreasonable Failure or Delay in Paying Labor Code Section 4650(D) Increase May Justify Award of Increased Compensation Under Labor Code Section 5814
50.1.25 Applicant's Act Caused Delay
50.1.25.1 Overwork Causes Delay
50.1.26 Failure to Include Temporary Disability in Computing Serious and Willful Misconduct Award Justified Penalty
50.1.27 Failure to Pay Correct Temporary Disability Indemnity Rate
50.1.28 Failure to Pay Portion of Death Award
50.1.29 Payment During Pendency of an Appeal
50.1.30 Credit Against Third-Party Recoveries
50.1.31 Carrier Ordered to Pay Award Solely Liable For Delay Penalty
50.1.32 Penalty For Paying Indemnity By Means of a Check That is Not Immediately Negotiable and Payable Cash
50.1.33 Penalty For Failure to Promptly Pay Expenses Necessary to Prove a Contested Claim to Medical Provider
50.1.34 Withholding Potential Attorney Fees
50.1.35 California Insurance Guarantee Association Liability (CIGA)
50.1.36 Self-Insured Employer's Excess Indemnification Policy
50.1.37 Uninsured Employers Fund
50.1.37.1 Individual Members of Public Agency or Members of a Private Nonprofit Organization
50.1.38 Between Insurers
50.1.39 Penalty Under Labor Code Section 5814 as Amended Effective July 1, 2004
50.1.40 Sanction and Fine for Bad-Faith Actions and Tactics
50.1.40.1 Rehabilitation Program Outside of Workers' Compensation
50.1.40.2 Privileged Communications
50.2.0 Reopening a Case After an Order or Findings and Award has been Issued by the Appeals Board
50.2.1 On Grounds That the Disability Has Recurred, Increased, Diminished, or Terminated
50.2.2 On Grounds That There is Newly Discovered Evidence Showing That a Findings and Award Was Inequitable Due to an Unavoidabe Error of Fact
50.2.3 On Grounds That a Findings and Award Was Inequitable Due to an Unavoidable Error of Law
50.2.4 To Correct a Clerical Error in an Order or Findings and Award
50.2.5 Rehabilitation Order of the Rehabilitation Bureau
50.2.6 Petition to Reopen Filed By Unrepresented Employee Who Was Previously Evaluated By a Panel Evaluator
50.3.0 Additional Actions Against Employer, Co-Employee, or Others
50.3.1 Duties of Insurer to Employer Under Labor Code Section 3755
50.3.2 Co-Employee
50.3.3 Employer
50.3.4 False Imprisonment
50.3.5 Discrimination on Basis of Sexual Orientation
50.3.6 Disability Discrimination (FEHA) and Americans With Disabilities Act (ADA)
50.3.7 Age Discrimination
50.3.8 Spoilation of Evidence
50.3.9 Tort Claim For Damages Incurred by Fraudulent Inducement of Employee to Relocate, Not Within Exclusivity of Workers' Compensation Act
50.3.10 Persons Other Than The Employer or Co-Employees
50.3.11 Employer Removes or Fails to Install a Point of Operation Guard on a Power Press, on or After January 1, 1983
50.3.12 Who is a Manufacturer?
50.3.13 Discrimination Discharge Under Labor Code Section 132a
50.3.14 Employer Acting in a Dual Capacity
50.3.15 Insurance Carrier Acting in a Dual Capacity
50.3.16 Nonperformance of a Statutory Duty
50.3.17 Action Against an Independent Claims Administrator of a Self-Insured Employer
50.3.18 Actions Against Insurer Under Cartwright Act and/or RICO
50.3.19 Action Against Insurer For Malicious Prosecution
50.3.20 Injuries to Unborn Babies as a result of Injury to Female Employees
50.3.21 Advances on Permanent Disability
50.3.22 Aggravation of Disability By Unreasonable Conduct of Employee
50.3.23 Altercations-Initial Physical Aggressor
50.3.24 Assumption of Risk
50.4.0 Asbestos Workers' Account
50.4.1 Termination of Program
50.5.0 Loss of Consortium
60.0 Credits, Offsets and Third Party Recoveries
60.1.0 Credit for Having Advanced Benefits
60.1.1 Temporary Disability Indemnity
60.1.1.1 Determination of Reimbursement For Benefits Paid or Services Provided
60.1.2 Permanent Disability Indemnity
60.1.3 Rehabilitation Benefits
60.1.4 Offsets
60.2.0 Recoupment of Overpayments-Restitution
60.3.0 Offset
60.3.1 Private Disability or Retirement Pension Benefits Against Workers' Compensation Benefits
61.3.2 Rehabilitation Benefits Against Retirement Benefits
61.3.3 Social Security Disability Payment Offset
60.4.0 Subrogation
60.4.1 Damages
60.4.2 Non-Negligent Employer
60.4.3 Negligent Employer
60.4.4 Delegation of Duty to Maintain Safe Workplace
60.4.5 Comparative Negligence
60.4.6 No Prohibition Against Consideration of Cal-OSHA Regulations in Tort Actions
60.4.7 Interest on Judgments
60.4.8 Credit to Employer Against an Employee's Third-Party Recovery
60.4.9 Injured Employee May Purchase Employer's Lien
60.4.9.1 Loss of Consortium
60.4.10 Negligent Third-Party Cannot Recover From Employer
60.4.11 Bad-Faith Recovery
60.4.12 Recovery Against Co-Employee
60.4.13 Attorney Fees and Expenses
60.4.14 Credit Against Discrimination Liability Under Labor Code Section 132a
60.4.15 Serious and Willful Misconduct
60.4.16 Unreasonable Delay in Paying Benefits Penalty
60.4.17 Permanent Partial Disability Against Permanent Total Disability
60.4.18 Medical Malpractice
60.4.19 Right of Third Party to Bring an Employer Into an Action By Filing a Cross-Complaint Where the Employer Has Provided Benefits to an Injured Employee But Does Not Seek Reiumbursement From the Third Party
60.4.20 Liability of a Third Party to Injured Employee and the Workers' Compensation Insurance Carrier if the Third Party Aggravates the Industrial Injury
60.4.21 Right of Insurance Carrier to Sue Third Party in Small Claims Court
60.4.22 Liability of Third Party For Noneconomic Damages Attributable to Fault of Employer: Proposition 51
60.4.23 Malpractice Recoveries
60.4.24 Uninsured Motorist Coverage
60.4.25 [Reserved]
60.4.26 Fireman's (Firefighter's) Rule
60.4.27 Vicarious Liability
60.4.28 Liability of Owner of a Vehicle For Negligence of Permissive User
70.0 Insurance, Self Insurance and Securing Payment for Compensation
70.1.0 Posting Notice of Insurance
70.2.0 Informing Employees of Benefits
70.3.0 Insurance
70.3.1 Minimum Rate Law Abolished January 1, 1995
70.3.2 Restrictions on Power of Insurance Carrier to Cancel an Insurance Policy
70.3.3 Loss Control Consultation Services Must be Provided Free By Insurers to High Risk Employers
70.3.4 Insurers Duty to Conduct a Review of Certain Employer's Injury and Prevention Program
70.3.5 Insurance Commissioner Must Establish and Maintain an Internet Website Showing Rates of Top Fifty Insurers
70.3.6 Insurers Must Advise Policyholders of Rating Laws
70.3.7 Audits and Penalties
70.3.8 Certification of Claim Adjusting Personnel
70.3.9 No Right to Civil Penalties
70.3.10 Coverage For Owners of a Business
70.3.11 Employers Cannot Pass Costs on to Employees
70.3.12 Self-Insurance
70.3.13 Claim File Maintenance
70.3.14 Duty to Disclose Insurance Status
70.3.15 Excess Insurance
70.4.0 Uninsured Employers Benefits Trust Fund
70.4.1 Uninsured Employers Benefits Trust Fund
70.4.1.1 Legal Representation For the Director
70.4.1.2 Service of Process
70.4.1.3 Employer Identification
70.4.1.4 Cooperation of the Uninsured Employers Benfit Trust Fund
70.4.1.4.1 Failure to Comply
70.4.2 Special Hearing Locations
70.4.3 Bankruptcy of Employer
70.4.3.1 Award of Reasonable Attorney Fees
70.4.4 Liability For Penalty and/or Interest
70.4.4.1 Not Liable For Penalties
70.5.0 Means of Securing Payment of Compensation
70.5.1 Deductibles
70.5.2 Nonrenewal of Policies
70.5.3 Election to be Subject to Compensation Liability
70.5.4 Appeals
70.5.4.1 Failure to Insure
70.5.5 Employer Cannot Require Employees to Contribute to Workers' Compensation Cost
70.6.6 Whistleblower Hotline
70.6.0 Safety Programs
70.7.0 Injury Prevention Program
70.8.0 California Insurance Guarantee Association (CIGA)
70.8.1 General Obligations and Liability of California Insurance Guarantee Association
70.8.2 California Insurance Guarantee Association's LiabilityFor Cumulative Trauma Injuries
70.8.3 Liability of California Insurance Guarantee Association For Specific Injuries
70.8.3.1 Multiple and Successive Specific Injuries
70.8.3.2 General-Special Employment Relationship
70.8.3.3 Other Forms of Insurance Available to the Injured Worker
70.8.3.3.1 Uninsured Motorist Insurance
70.8.3.4 CIGA Liability For and Liens of Employment Development Department (EDD)
70.8.3.5 Liability of CIGA For Reimbursement to a Solvent Insurer
70.8.3.6 Contribution
70.8.3.7 Credit
70.8.3.8 Assigned Liens Not Covered
70.8.3.9 Time Limitations to Seek Reimbursement/Contribution
70.8.3.10 Penalties
70.8.3.10.1 Duty to Defend an Employee's Civil Action
70.8.3.10.2 Longshore and Harbor Workers' Compensation Act Claim
70.8.3.10.3 Changing Administration
California Labor Code - Workers' Compensation Only
General Provisions (sections 1 - 29.5)
Section 1
Section 2
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 12.1
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 18.5
Section 19
Section 19.5
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Division 1. Department of Industrail Relations (sections 50 - 176)
Chapter 1. General Powers and Duties (sections 50 - 64.5)
Section 50
Section 50.5
Section 50.6
Section 50.7
Section 50.8
Section 50.9
Section 51
Section 52
Section 53
Section 54
Section 54.5
Section 55
Section 56
Section 57
Section 57.1
Section 57.5
Section 58
Section 59
Section 60
Section 60.5
Section 61
Section 62
Section 62.5
Section 62.6
Section 62.7
Section 62.9
Chapter 3. Commission on Health and Safety and Workers' Compensation (sections 75 - 78)
Section 75
Section 76
Section 77
Section 77.5
Section 77.7
Section 78
Chapter 4. Division of Labor Standards Enforcement (sections 79 - 107)
Section 90.3
Section 90.5
Section 96
Section 96.3
Section 96.5
Section 96.6
Section 96.7
Chapter 5. Division of Workers' Compensation (sections 110 - 139.6)
Section 110
Section 111
Section 112
Section 113
Section 115
Section 116
Section 117
Section 119
Section 120
Section 121
Section 122
Section 123
Section 123.3
Section 123.5
Section 123.6
Section 123.7
Section 124
Section 125
Section 126
Section 127
Section 127.5
Section 127.6
Section 128
Section 129
Section 129.5
Section 130
Section 131
Section 132
Section 132a
Section 133
Section 134
Section 135
Section 138
Section 138.1
Section 138.2
Section 138.3
Section 138.4
Section 138.5
Section 138.6
Section 138.65
Section 138.7
Section 139.2
Section 139.3
Section 139.31
Section 139.4
Section 139.43
Section 139.45
Section 139.47
Section 139.48
Section_139.5
Section 139.6
Division 2. Employment Regulation and Supervision
Part 1.Compensation
Chapter 1. Payment of Wages
Article 1. General Occupations
Section 201
Section 202
Chapter 5. Political Affiliations
Section_1101
Section_1102
Section 1102.7
Section 1102.8
Part 3. Privileges and Immunities
Chapter 2. Solicitation of Employees by Misrepresentation
Section 970
Section 971
Section 972
Part 4. Employees
Chapter 1. Wages, Hours and Working Conditions
Section 1171
Section 1171.5
Section 1198.5
Chapter 3. Working Hours
Article 2. Minors
Section 1391
Part 7. Public Works and Public Agencies
Chapter 4. Firefighters
Section 1960
Part 9. Health
Article 5. General Health Provisions
Section 2440
Part 13. The Labor Code Private Attorneys General Act of 2004
Section 2699
Division 3. Employment Relations
Chapter 2. Employer and Employee
Article 1. The Contract of Employment
Section 2750.5
Section 2750.6
Article 2. Obligations of Employer
Section 2801
Section 2802
Section 2804
Division 4. Workers' Compensation and Insurance (sections 3200 - 6002)
Part 1. Scope and Operation (sections 3200 - 4418)
Chapter 1. General Provisions (sections 3200 - 3219)
Section 3200
Section 3201
Section 3201.5
Section 3201.7
Section 3201.81
Section 3201.9
Section 3202