California

Labor Code

2,656 sections, each with the official text and a plain-English explanation of what it means for you.

• § 4726 — The Department of General Services and the Administrative Director of the Division of Workers’ Compensation shall jointly adopt rules and regulations as may be necessary to carry out the provisions of
• § 4727 — Any person who is convicted of any crime in connection with the assassination of an elected public official shall not be eligible for any benefits pursuant to this article.
• § 4728 — (a) A dependent of an elected public official, who was intentionally killed while holding office, in retaliation for, or to prevent the performance of, an official duty, shall be entitled to a scholar
• § 4751 — If an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree of disability caused by the combin
• § 4753 — Such additional compensation is not in addition to but shall be reduced to the extent of any monetary payments received by the employee, from any source whatsoever, for or on account of such preexisti
• § 4753.5 — In any hearing, investigation, or proceeding, the state shall be represented by the Attorney General, or the attorneys of the Department of Industrial Relations, as appointed by the director.
• § 4754 — The appeals board shall fix and award the amounts of special additional compensation to be paid under this article, and shall direct the State Compensation Insurance Fund to pay the additional compens
• § 4754.5 — Nothing in this article shall impair the right of the Attorney General or the Department of Industrial Relations to release by compromise any claims brought under the provisions of this article.
• § 4755 — (a) The State Compensation Insurance Fund may draw from the State Treasury out of the Subsequent Injuries Benefits Trust Fund for the purposes specified in Section 4751, without at the time presenting
• § 4756 — (a) The Legislature finds and declares that it is in the best interest of the State of California to provide a person, regardless of his or her citizenship or immigration status, with the benefits pro
• § 4800 — (a) Whenever any member of the Department of Justice falling within the “state peace officer/firefighter” class is disabled by injury arising out of and in the course of his or her duties, he or she s
• § 4800.5 — (a) Whenever any sworn member of the Department of the California Highway Patrol is disabled by a single injury, excluding disabilities that are the result of cumulative trauma or cumulative injuries,
• § 4801 — It shall be the duty of the appeals board to determine in the case of members of the California Highway Patrol, upon request of the Department of the California Highway Patrol or Department of Justice
• § 4802 — Any such member of the California Highway Patrol or Department of Justice, or any such harbor policeman, so disabled is entitled from the date of injury and regardless of retirement under the Public E
• § 4803 — Whenever such disability of such member of the California Highway Patrol, or Department of Justice, or of such harbor policeman, continues for a period beyond one year, such member or harbor policeman
• § 4804 — No disability indemnity shall be paid to said member of the California Highway Patrol or harbor policeman as temporary disability concurrently with wages or salary payments.
• § 4804.1 — Whenever any member of a University of California fire department specified in Section 3212.
• § 4804.2 — It shall be the duty of the appeals board to determine in the case of members of a University of California fire department specified in Section 4804.
• § 4804.3 — Any such member of a University of California fire department specified in Section 4804.
• § 4804.4 — Whenever such disability of such member of a University of California fire department, specified in Section 4804.
• § 4804.5 — No disability indemnity shall be paid to said member of a University of California fire department, specified in Section 4804.
• § 4806 — Whenever any member of the University of California Police Department falling within the “law enforcement” class is disabled by injury arising out of and in the course of his duties, he shall become e
• § 4807 — It shall be the duty of the appeals board to determine, in the case of members of the University of California Police Department, upon the request of the Regents of the University of California, wheth
• § 4808 — Any such member of the University of California Police Department so disabled is entitled from the date of injury, and regardless of retirement under either the University of California Retirement Sys
• § 4809 — Whenever such disability of such member of the University of California Police Department continues for a period beyond one year, such member shall thereafter be subject, as to disability indemnity, t
• § 4810 — No disability indemnity shall be paid to such member of the University of California Police Department as temporary disability concurrently with wages or salary payments.
• § 4811 — (a) Whenever any member of State Bargaining Unit 8 employed by the Department of Forestry and Fire Protection is disabled by injury arising out of and in the course of their duties, they shall become
• § 4816 — Pursuant to a collective bargaining agreement applicable to members of the California State University Police Department, whenever any member of that police department falling within the “law enforcem
• § 4817 — It shall be the duty of the appeals board to determine, in the case of members of the California State University Police Department, upon the request of the Board of Trustees of the California State U
• § 4819 — Whenever the disability of a member of the California State University Police Department continues for a period beyond one year, that member shall thereafter be subject, as to disability indemnity, to
• § 4820 — No disability indemnity shall be paid to a member of the California State University Police Department as temporary disability concurrently with wages or salary payments.
• § 4850 — (a) Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the co
• § 4850.3 — A city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System, is subject to the County Employees Retirement Law of 1937, or is subject to the Los An
• § 4850.4 — (a) A city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System, is subject to the County Employees Retirement Law of 1937, or is subject to the Lo
• § 4850.5 — Any firefighter employed by the County of San Luis Obispo, and the sheriff or any officer or employee of the sheriff’s office of the County of San Luis Obispo, and any county probation officer, group
• § 4850.7 — (a) Any firefighter employed by a dependent or independent fire district may be entitled to the benefits of this article, if otherwise entitled to these benefits, even though the employee is not a mem
• § 4851 — The governing body of any city, county, or city and county, in addition to anyone else properly entitled, including the Public Employees’ Retirement System, may request the appeals board to determine
• § 4852 — The provisions of this article do not diminish or affect the right of any such officer or employee to the medical, surgical, and hospital benefits prescribed by this division.
• § 4853 — Whenever such disability of any such officer or employee continues for a period beyond one year, such member shall thereafter be subject as to disability indemnity to the provisions of this division o
• § 4854 — No disability indemnity shall be paid to any such officer or employee concurrently with wages or salary payments.
• § 4855 — This article shall not be applicable to individuals who are appointed as reserve public safety employees and are deemed to be employees of a county, city, town or district for workmen’s compensation p
• § 4856 — (a) Whenever any local employee who is a firefighter, peace officer as described in Chapter 4.
• § 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 as hereinafter provided.
• § 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 claimant entitled thereto unless otherwise order
• § 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 (a) through (i).
• § 4903.05 — (a) Every lien claimant shall file its lien with the appeals board in writing upon a form approved by the appeals board.
• § 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 be subject to a lien activation fee unles
• § 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 interest at the rate allowed on civil judgment
• § 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 pursuant to Section 4903.
• § 4903.2 — Where a lien claimant is reimbursed pursuant to subdivision (f) or (g) of Section 4903 or Section 4903.
• § 4903.3 — The director, as administrator of the Uninsured Employers Fund, may, in his discretion, provide compensation, including medical treatment, from the Uninsured Employers Fund in cases to which the direc
• § 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) of Chapter 2 of Part 2, the appeals boar
• § 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 more than 18 months after the date the s
• § 4903.6 — (a) Except as necessary to meet the requirements of Section 4903.
• § 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 entitled to payment for the expenses as provided
• § 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 in favor of the Employment Development D
• § 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 claimant where an installment payment for his
• § 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 should be allowed if it had been duly requeste
• § 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 subdivision (b) of Section 4903, is not enforcea
• § 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 any party before the appeals board, or any
• § 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 employer, or his estate and of the insur
• § 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 by the terms of this division was not the
• § 4909.1 — Authorized representatives of the Department of Corrections, and the Department of the Youth Authority may request the State Compensation Insurance Fund to provide any payment, allowance, or benefit a
• § 5 — Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.
• § 50 — There is in the Labor and Workforce Development Agency the Department of Industrial Relations.
• § 50.5 — One of the functions of the Department of Industrial Relations is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance the
• § 50.6 — The Department of Industrial Relations may assist and cooperate with the Wage and Hour Division, and the Children’s Bureau, United States Department of Labor, in the enforcement within this State of t
• § 50.7 — (a) The Department of Industrial Relations is the state agency designated to be responsible for administering the state plan for the development and enforcement of occupational safety and health stand
• § 50.8 — The department shall develop a long range program for upgrading and expanding the resources of the State of California in the area of occupational health and medicine.
• § 50.9 — In furtherance of the provisions of Section 50.
• § 500 — For purposes of this chapter, the following terms shall have the following meanings: (a) “Workday” and “day” mean any consecutive 24-hour period commencing at the same time each calendar day.
• § 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) Impair the right of the parties intereste
• § 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 to this division.
• § 5002 — A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board.
• § 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 disinterested witnesses or acknowledged bef
• § 5004 — In case of death there shall also be stated in the release or compromise agreement: (a) The date of death.
• § 5005 — In any case involving a claim of occupational disease or cumulative injury, as set forth in Section 5500.
• § 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 litigation of those same facts in the crim
• § 51 — The department shall be conducted under the control of an executive officer known as Director of Industrial Relations.
• § 510 — Overtime — daily and weekly
• § 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 due notice to the other, may commute the c
• § 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 compensation is payable under Section 4751 of t
• § 5100.6 — Notwithstanding the provisions of Section 5100, the appeals board shall not permit the commutation or settlement of prospective compensation or indemnity payments or other benefits to which the employ
• § 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 duration thereof and the probable amount of the
• § 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 authorized to transact business in this state, whi
• § 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 sum and interest thereon are exhausted.
• § 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 or his dependents, or by the trustee.
• § 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 are to be paid in the future, determine
• § 511 — (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per d
• § 512 — (a) An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total w
• § 512.1 — (a) An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as prov
• § 512.2 — (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, o
• § 512.5 — (a) Notwithstanding any provision of this chapter, if the Industrial Welfare Commission adopts or amends an order that applies to an employee of a public agency who operates a commercial motor vehicle
• § 513 — If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that makeup work time, if perf
• § 514 — Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the empl
• § 514.5 — (a) Sections 510, 511, and 512 do not apply to a person who is covered by a contract to play baseball at the minor league level with a labor organization that has at least 10 years of experience repre
• § 515 — (a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and pr
• § 515.5 — (a) Except as provided in subdivision (b), an employee in the computer software field shall be exempt from the requirement that an overtime rate of compensation be paid pursuant to Section 510 if all
• § 515.6 — (a) Section 510 shall not apply to any employee who is a licensed physician or surgeon, who is primarily engaged in duties that require licensure pursuant to Chapter 5 (commencing with Section 2000) o
• § 515.7 — (a) If an employee is employed to provide instruction for a course or laboratory at an independent institution of higher education, the employee shall be classified as employed in a professional capac
• § 515.8 — (a) Section 510 does not apply to an individual employed as a teacher at a private elementary or secondary academic institution in which pupils are enrolled in kindergarten or any of grades 1 to 12, i
• § 516 — (a) Except as provided in Section 512, the Industrial Welfare Commission may adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in Ca
• § 517 — (a) The Industrial Welfare Commission shall, at a public hearing to be concluded by July 1, 2000, adopt wage, hours, and working conditions orders consistent with this chapter without convening wage b
• § 52 — Except as otherwise prescribed in this code, the provisions of the Government Code relating to departments of the State shall govern and apply to the conduct of the department.
• § 5270 — This part shall not apply in cases where an injured employee or dependent is involved unless the employee or dependent is represented by an attorney.
• § 5270.5 — (a) The presiding workers’ compensation judge at each district office shall prepare a list of all eligible attorneys who apply to be placed on the list of eligible arbitrators.
• § 5271 — (a) The parties to a dispute submitted for arbitration may select any eligible attorney from the list prepared by the presiding workers’ compensation judge to serve as arbitrator.
• § 5272 — Arbitrators shall have all of the statutory and regulatory duties and responsibilities of a workers’ compensation judge, as set forth in Chapter 1 (commencing with Section 5300) of Part 4, except for
• § 5273 — (a) In disputes between an employee and an employer, the employer shall pay all costs related to the arbitration proceeding, including use of facilities, hearing reporter per diems and transcript cost
• § 5275 — (a) Disputes involving the following issues shall be submitted for arbitration: (1) Insurance coverage.
• § 5276 — (a) Arbitration proceedings may commence at any place and time agreed upon by all parties.
• § 5277 — (a) The arbitrator’s findings and award shall be served on all parties within 30 days of submission of the case for decision.
• § 5278 — (a) No disclosure of any offers of settlement made by any party shall be made to the arbitrator prior to the filing of the award.
• § 53 — Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code “head of the department” or similar designation occurs, the same shall, for the pu
• § 5300 — All the following proceedings shall be instituted before the appeals board and not elsewhere, except as otherwise provided in Division 4: (a) For the recovery of compensation, or concerning any right
• § 5301 — The appeals board is vested with full power, authority and jurisdiction to try and determine finally all the matters specified in Section 5300 subject only to the review by the courts as specified in
• § 5302 — All orders, rules, findings, decisions, and awards of the appeals board shall be prima facie lawful and conclusively presumed to be reasonable and lawful, until and unless they are modified or set asi
• § 5303 — There is but one cause of action for each injury coming within the provisions of this division.
• § 5304 — The appeals board has jurisdiction over any controversy relating to or arising out of Sections 4600 to 4605 inclusive, unless an express agreement fixing the amounts to be paid for medical, surgical o
• § 5305 — The Division of Workers’ Compensation, including the administrative director, and the appeals board have jurisdiction over all controversies arising out of injuries suffered outside the territorial li
• § 5306 — The death of an employer subsequent to the sustaining of an injury by an employee shall not impair the right of the employee to proceed before the appeals board against the estate of the employer, and
• § 5307 — (a) The appeals board may, by an order signed by four members, do all of the following: (1) Adopt reasonable and proper rules of practice and procedure.
• § 5307.1 — (a) (1) The administrative director, after public hearings, shall adopt and revise periodically an official medical fee schedule that shall establish reasonable maximum fees paid for medical services
• § 5307.11 — A health care provider or health facility licensed pursuant to Section 1250 of the Health and Safety Code, and a contracting agent, employer, or carrier may contract for reimbursement rates different
• § 5307.12 — (a) If a health care provider or health facility, licensed pursuant to Section 1250 of the Health and Safety Code, and an entity that provides physician network services, as defined in subdivision (b)
• § 5307.2 — The administrative director shall contract with an independent consulting firm, to the extent permitted by state law, to perform an annual study of access to medical treatment for injured workers.
• § 5307.27 — (a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a medical treatment utilization schedule, that
• § 5307.28 — (a) Prior to the adoption of a drug formulary as required by Section 5307.
• § 5307.29 — (a) The administrative director shall make provision for no less than quarterly updates to the drug formulary to allow for the provision of all appropriate medications, including those new to the mark
• § 5307.3 — The administrative director may adopt, amend, or repeal any rules and regulations that are reasonably necessary to enforce this division, except where this power is specifically reserved to the appeal
• § 5307.4 — (a) Public hearings required under Sections 5307 and 5307.
• § 5307.5 — The appeals board or a workers’ compensation judge may: (a) Appoint a trustee or guardian ad litem to appear for and represent any minor or incompetent upon the terms and conditions which it deems pro
• § 5307.6 — (a) The administrative director shall adopt and revise a fee schedule for medical-legal expenses as defined by Section 4620, which shall be prima facie evidence of the reasonableness of fees charged f
• § 5307.7 — (a) On or before January 1, 2013, the administrative director shall adopt, after public hearings, a fee schedule that shall establish reasonable fees paid for services provided by vocational experts,
• § 5307.8 — (a) Notwithstanding Section 5307.
• § 5307.9 — On or before December 31, 2013, the administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a schedule of reaso
• § 5308 — The appeals board has jurisdiction to determine controversies arising out of insurance policies issued to self-employing persons, conferring benefits identical with those prescribed by this division.
• § 5309 — The appeals board may, in accordance with rules of practice and procedure which it shall adopt and upon the agreement of the parties, on the application of either, or of its own motion, and with or wi
• § 5310 — The appeals board may appoint one or more workers’ compensation administrative law judges in any proceeding, as it may deem necessary or advisable, and may refer, remove to itself, or transfer to a wo
• § 5311 — Any party to the proceeding may object to the reference of the proceeding to a particular workers’ compensation judge upon any one or more of the grounds specified in Section 641 of the Code of Civil
• § 5311.5 — The administrative director shall require all workers’ compensation administrative law judges to participate in continuing education to further their abilities as workers’ compensation administrative
• § 5312 — Before entering upon his or her duties, the workers’ compensation judge shall be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and determine the matters and is
• § 5313 — The appeals board or the workers’ compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the controversy and an award, order, or decisi
• § 5315 — Within 60 days after the filing of the findings, decision, order or award, the appeals board may confirm, adopt, modify or set aside the findings, order, decision, or award of a workers’ compensation
• § 5316 — Any notice, order, or decision required by this division to be served upon any person either before, during, or after the institution of any proceeding before the appeals board, may be served in the m
• § 5317 — Any such notice, order or decision affecting the State or any county, city, school district, or public corporation therein, shall be served upon the person upon whom the service of similar notices, or
• § 54 — The director shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department, except as
• § 54.5 — The director may appoint an attorney and assistants licensed to practice law in this state.
• § 5400 — Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to
• § 5401 — (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402, which injury results in lost time beyond the employee’s work shift at the time of injury or which resu
• § 5401.7 — The claim form shall contain, prominently stated, the following statement: “Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation fo
• § 5402 — (a) Knowledge of an injury, obtained from any source, on the part of an employer, the employer’s managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of
• § 5403 — The failure to give notice under section 5400, or any defect or inaccuracy in a notice is not a bar to recovery under this division if it is found as a fact in the proceedings for the collection of th
• § 5404 — Unless compensation is paid within the time limited in this chapter for the institution of proceedings for its collection, the right to institute such proceedings is barred.
• § 5404.5 — (a) Where a claim form has been filed prior to January 1, 1994, and where the claim is denied by the employer, the claim may be dismissed if there has been no activity for the previous 180 days and if
• § 5405 — The period within which proceedings may be commenced for the collection of the benefits provided by Article 2 (commencing with Section 4600) or Article 3 (commencing with Section 4650), or both, of Ch
• § 5406 — (a) Except as provided in Section 5406.
• § 5406.5 — In the case of the death of an asbestos worker or firefighter from asbestosis, the period within which proceedings may be commenced for the collection of the benefits provided by Article 4 (commencing
• § 5406.6 — (a) In the case of the death of a health care worker, a worker described in Section 3212, or a worker described in Section 830.
• § 5406.7 — (a) In addition to the timelines established pursuant to Section 5406, proceedings for the collection of the benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 may be
• § 5407 — The period within which may be commenced proceedings for the collection of compensation on the ground of serious and willful misconduct of the employer, under provisions of Section 4553, is as follows
• § 5407.5 — The period within which may be commenced proceedings for the reduction of compensation on the ground of serious and willful misconduct of the employee, under provisions of Section 4551, is as follows:
• § 5408 — If an injured employee or, in the case of the employee’s death, any of the employee’s dependents, is under 18 years of age or incompetent at any time when any right or privilege accrues to such employ
• § 5409 — The running of the period of limitations prescribed by this chapter is an affirmative defense and operates to bar the remedy and not to extinguish the right of the employee.
• § 5410 — Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury upon the ground that the or
• § 5410.1 — Should any party to a proceeding institute proceedings to reduce the amount of permanent disability awarded to an applicant by the appeals board and be unsuccessful in such proceeding, the board may m
• § 5411 — The date of injury, except in cases of occupational disease or cumulative injury, is that date during the employment on which occurred the alleged incident or exposure, for the consequences of which c
• § 5412 — The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable d
• § 5413 — A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the crim
• § 5430 — This chapter shall be known and may be cited as the Workers’ Compensation Truth in Advertising Act of 1992.
• § 5431 — The purpose of this chapter is to assure truthful and adequate disclosure of all material and relevant information in the advertising which solicits persons to file workers’ compensation claims or to
• § 5432 — (a) Any advertisement which solicits persons to file workers’ compensation claims or to engage or consult counsel or a medical care provider or clinic to consider a workers’ compensation claim in any
• § 5433 — (a) Any advertisement or other device designed to produce leads based on a response from a person to file a workers’ compensation claim or to engage or consult counsel or a medical care provider or cl
• § 5434 — (a) Any advertiser who violates Section 5431 or 5432 is guilty of a misdemeanor.
• § 5450 — The Division of Workers’ Compensation shall make available to employees, employers and other interested parties information, assistance, and advice to assure the proper and timely furnishing of benefi
• § 5451 — Any party may consult with, or seek the advice of, an information and assistance officer within the Division of Workers’ Compensation as designated by the administrative director.
• § 5453 — After consideration of the information submitted, including the reports of any bureau or unit within the Division of Workers’ Compensation which have been received, the information and assistance offi
• § 5454 — Submission of any matter to an information and assistance officer of the Division of Workers’ Compensation shall toll any applicable statute of limitations for the period that the matter is under cons
• § 5455 — Nothing in this chapter shall prohibit any party from filing an application for benefits under this division.
• § 55 — For the purpose of administration the director shall organize the department subject to the approval of the Governor, in the manner he deems necessary properly to segregate and conduct the work of the
• § 550 — As used in this chapter “day’s rest” applies to all situations whether the employee is engaged by the day, week, month, or year, and whether the work performed is done in the day or night time.
• § 5500 — No pleadings other than the application and answer shall be required.
• § 5500.3 — (a) The appeals board shall establish uniform district office procedures, uniform forms, and uniform time of court settings for all district offices of the appeals board.
• § 5500.5 — (a) Except as otherwise provided in Section 5500.
• § 5500.6 — Liability for occupational disease or cumulative injury which results from exposure solely during employment as an employee, as defined in subdivision (d) of Section 3351, shall be limited to those em
• § 5501 — The application may be filed with the appeals board by any party in interest, his attorney, or other representative authorized in writing.
• § 5501.5 — (a) The application for adjudication of claim shall be filed in any of the following locations: (1) In the county where the injured employee or dependent of a deceased employee resides on the date of
• § 5501.6 — (a) An applicant or defendant may petition the appeals board for a change of venue and a change of venue shall be granted for good cause.
• § 5502 — (a) Except as provided in subdivisions (b) and (d), the hearing shall be held not less than 10 days, and not more than 60 days, after the date a declaration of readiness to proceed, on a form prescrib
• § 5502.5 — A continuance of any conference or hearing required by Section 5502 shall not be favored, but may be granted by a workers’ compensation judge upon any terms as are just upon a showing of good cause.
• § 5503 — The person so applying shall be known as the applicant and the adverse party shall be known as the defendant.
• § 5504 — A notice of the time and place of hearing shall be served upon the applicant and all adverse parties and may be served either in the manner of service of a summons in a civil action or in the same man
• § 5505 — If any defendant desires to disclaim any interest in the subject matter of the claim in controversy, or considers that the application is in any respect inaccurate or incomplete, or desires to bring a
• § 5506 — If the defendant fails to appear or answer, no default shall be taken against him, but the appeals board shall proceed to the hearing of the matter upon the terms and conditions which it deems proper.
• § 5507 — If an application shows upon its face that the applicant is not entitled to compensation, the appeals board may, after opportunity to the applicant to be heard orally or to submit his claim or argumen
• § 551 — Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.