California Labor Codes 3600

From Wcc
Revision as of 14:52, 16 June 2008 by 10.10.11.190 (Talk)

Jump to: navigation, search

California > Labor Codes

§ 3600 Chapter 3 - Conditions of Compensation

(a) Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes death, in those cases where the following conditions of compensation concur: (1) Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of this division. (2) Where, at the time of the injury, the employee is performing service growing out of and incidental to his or her employment and is acting within the course of his or her employment. (3) Where the injury is proximately caused by the employment, either with or without negligence. (4) Where the injury is not caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee. As used in this paragraph, 'controlled substance' shall have the same meaning as prescribed in Section 11007 of the Health and Safety Code. (5) Where the injury is not intentionally self-inflicted. (6) Where the employee has not willfully and deliberately caused his or her own death. (7) Where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor. (8) Where the injury is not caused by the commission of a felony, or a crime which is punishable as specified in subdivision (b) of Section 17 of the Penal Code, by the injured employee, for which he or she has been convicted. (9) Where the injury does not arise out of voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee's work-related duties, except where these activities are a reasonable expectancy of, or are expressly or impliedly required by, the employment. The administrative director shall promulgate reasonable rules and regulations requiring employers to post and keep posted in a conspicuous place or places a notice advising employees of the provisions of this subdivision. Failure of the employer to post the notice shall not constitute an expression of intent to waive the provisions of this subdivision. (10) Except for psychiatric injuries governed by subdivision (e) of Section 3208.3, where the claim for compensation is filed after notice of termination or layoff, including voluntary layoff, and the claim is for an injury occurring prior to the time of notice of termination or layoff, no compensation shall be paid unless the employee demonstrates by a preponderance of the evidence that one or more of the following conditions apply: (A) The employer has notice of the injury, as provided under Chapter 2 (commencing with Section 5400), prior to the notice of termination or layoff. (B) The employee's medical records, existing prior to the notice of termination or layoff, contain evidence of the injury. (C) The date of injury, as specified in Section 5411, is subsequent to the date of the notice of termination or layoff, but prior to the effective date of the termination or layoff. (D) The date of injury, as specified in Section 5412, is subsequent to the date of the notice of termination or layoff. For purposes of this paragraph, an employee provided notice pursuant to Sections 44948.5, 44949, 44951, 44955, 44955.6, 72411, 87740, and 87743 of the Education Code shall be considered to have been provided a notice of termination or layoff only upon a district' s final decision not to reemploy that person. A notice of termination or layoff that is not followed within 60 days by that termination or layoff shall not be subject to the provisions of this paragraph, and this paragraph shall not apply until receipt of a later notice of termination or layoff. The issuance of frequent notices of termination or layoff to an employee shall be considered a bad faith personnel action and shall make this paragraph inapplicable to the employee.

(b) Where an employee, or his or her dependents, receives the compensation provided by this division and secures a judgment for, or settlement of, civil damages pursuant to those specific exemptions to the employee's exclusive remedy set forth in subdivision (b) of Section 3602 and Section 4558, the compensation paid under this division shall be credited against the judgment or settlement, and the employer shall be relieved from the obligation to pay further compensation to, or on behalf of, the employee or his or her dependents up to the net amount of the judgment or settlement received by the employee or his or her heirs, or that portion of the judgment as has been satisfied.


  Relevant Case Law

Weinstein v. St. Mary's Med. Cntr.

Note: Exclusive remedy only applies when duty arises from employment relationship.

D'Angona v. County of LA

Note: Hospital treating injured employee is not an employer; dual capacity exception to exclusive remedy applies.

Gibbs v. American Airlines, Inc.

Note: Secured compensation presumed in cases of employment relationship and work-related injury.

S. G. Borello & Sons, Inc. v. Dept. of Indus. Rel.

Note: Employers not required to secure compensation for non-employees, e.g. indep. contractors.

Graczyk v. WCAB

Note: Scholarship athletes are not employees; applies retroactively.

Smith v. WCAB

Note: Employer's burden met b/c intoxication was substantial factor in accident.

Ezzy v. WCAB

Note: Law clerk injured in employer-sponsored softball game rx. believed was in course of employment.

Torres vs. Parkhouse Tire Service

Note: In civil action against another employee, injured worker must prove intent to injure.

Bray vs. WCAB

Note: Psyche injury arising solely out of termination not compensable.

Wright v. Beverly Fabrics

Note: Work comp exclusive remedy for injuries sustained while performing tasks within employment contract but outside normal work hours even if not compensated.

Bagatti v. Dept. of Rehab

Note: FEHA suit is not barred by exclusive remedy doctrine.

Dimmig v. WCAB

Note: Going and coming: commuting to and from work not in scope of employment.

Luna v. WCAB

Note: Going and coming: requirements to find special mission an exception to rule.

Baroid v. WCAB

Note: Discussion of exceptions to 'going and coming' rule.

City of San Diego v. WCAB, Molnar

Note: Police officer commuting to testify precluded by 'going and coming' rule.

Atascadero USD v. WCAB (Geredes)

Note: Gossip insufficient to support claim for psychiatric injury.

Johns-Manville vs. Sup. Court (Rudkin)

Note: Employer civil liability if conceals knowledge of potential injury and connection with employment.

Unruh vs. Truck Ins. Exchange

Note: WCAB has exclusive jurisdiction on negligent acts of carrier, but not intentional; Employer may 'set off' award against civil damages.

Lopez v. C.G.M. Development, Inc.

Note: Injured employee of uninsured subcontractor cannot sue property owner.

Arriaga vs. County of Alameda

Note: Person convicted of crime but not incarcerated, who performs community service in lieu of paying a fine, is an employee.

Riverview Fire Protection Dist. v. WCAB

Note: Presumption of cancer in firefighters eliminates need to show that cancer proximately caused by exposure to carcinogens.

Salazar vs. Diversified Paratransit, Inc.

Note: Sexual harassment of an employee by a non-employee is work comp exclusively, not FEHA.

Weber v. UPS

Note: No civil liability of employer for injuries from failure to diagnose condition that should have been detected on required med exam.

McCarty v. WCAB

Note: Intoxication not a defense where employer permits consumption of alcohol.

Tensfeldt v. WCAB

Note: Conviction of fraud bars applicant from receiving any compensation under 3207.

Rodgers v. WCAB

Note: Employer required to pay ordinary comp. benefits if applicant injured in voc. rehab.

Jensen vs. WCAB

Note: No 'grace period' for delay in payment provided by the statutory right to reconsideration or appellate review.

Bakersfield City School Dist. v. WCAB

Note: [Unpublished] In light of his perception of danger to schools in the vicinity, combined with an absence of a specific employment policy prohibiting his conduct, the employee acted reasonably when engaging in a minor deviation from the course of his employment to assist the police in apprehending a fleeing suspect.

Waste Management vs. Superior Court

Note: Parent not liable to employee of subsidiary for injury/death where parent lacked control.

Mitchel vs. Scott Wetzel Services, Inc.

Note: Intentional misconduct by the workers' compensation claims administrator of a self-insured employer falls within the exclusive remedy of work comp.

Pettigrew v. WCAB

Note: The employee was not acting as a peace officer at the time he stopped at the accident as his job duties did not require him to stop and render aid.

Mason vs. Lake Dolores Group

Note: Injury that occurs after reporting to work but before 'clocking in' is not AOE/COE.

Jones v. California Department of Corrections and Rehabilitation

Note: For conduct committed within the scope of employment, employees, like their employers, should not be held subject to suit. There are, however, statutory exceptions to coemployee immunity. A civil suit is permissible when an employee proximately causes another employee's injury or death by a 'willful and unprovoked physical act of aggression.'

Privette vs. Superior Court

Note: Peculiar risk doctrine does not create exception to exclusive remedy of the Work Comp Act.

Bell vs. Agee Construction

Note: Subcontractor's failure to maintain WC does not create liability for general contractor.

Fleetwood Enterprises, Inc. v. WCAB (Moody)

Note: Injury sustained while on pleasure trip is not compensable under the going and coming rule.

Hinojosa vs. WCAB

Note: Requirement that employee provide own transportation between 'fields' on the job creates compensable injury.

Vaught v. State

Note: The workers' compensation exclusivity rule of Labor Code section 3602 bars the civil action of plaintiff for injuries plaintiff sustained while residing on state premises.

Johnson v. John Deere Landscapes, Inc.

Note: [Unpublished] Although the special employment factors do not unanimously favor a finding of special employment, there is no requirement of unanimity and there was no error in finding that John Deere Landscapes, Inc. was Claimant's 'special employer' and thus the relationship falls under the exclusive remedy provision.

Tomlin v. WCAB

Note: Claimant was required by his employer to maintain physical fitness and pass annual, mandatory physical fitness tests. He was injured when he slipped on a sidewalk while on a three-mile training run for his employer-mandated physical fitness test. Under the facts of this case, claimant's injury is compensable pursuant to section 3600, subdivision (a)(9).

Operating Engineers v. Johnson

Note: Invasion of privacy not barred by exclusive remedy of work comp.

Laeng vs. WCAB

Note: Injury incurred during the 'tryout' phase of employment is compensable.

Hinson vs. WCAB

Note: No 'Going & Coming' if personal transportation on job not a requirement.

Mathews v. WCAB

Note: Initial physical aggressor cannot recover workers' compensation benefits.

Stoddard vs. Western Employers Ins. Co.

Note: Refusal to pay benefits does not take matter out of exclusive remedy bargain of workers' compensation.

LaTourtette vs. WCAB, Long Beach Comm Coll Dist

Note: Injury or death from a non-occupational disease not compensable unless intervening occupational event.

SCIF vs. WCAB, Cardoza

Note: Injury incurred during activity break for comfort of employee is AOE/COE.

Transactron, Inc. v. WCAB (Spears)

Note: The role of employment in an act of violence is inconsequential when it merely provides a place where the assailant can find the victim.

City of Los Angeles v. WCAB

Note: The commercial traveler doctrine and the special mission exception were incorrectly applied by the lower court in finding that the decedent's death was in the course of his employment and so, the decision is reversed.

Salazar v. Livermore Valley Joint Unified School Dist.

Note: [Unpublished] The trial court correctly ruled that workers' compensation benefits are plaintiff's exclusive remedy.

City of Stockton v. WCAB (Jenneiahn)

Note: Police officer injured while playing in a pickup game of basketball at a private facility not entitled to workers' compensation benefits.

Sunderland v. Lockheed Martin

Note: The commercial traveler rule may not be incorporated into the respondeat superior doctrine.

Rohrback vs. WCAB

Note: Definition of 'liability' regarding 'genuine doubt' for purposes of 5814 penalty.

Cervantes vs. Great American Ins. Co.

Note: Wilful delay in payment of benefits does not remove action from exclusive remedy of comp.

Verga v. WCAB

Note: In light of the legislative intent in enacting section 3208.3, subdivision (b)(1), the disdainful reactions of co-workers to the claimant's abusive conduct were neither actual events of employment nor the predominant cause of her psychological injuries within the meaning of the statute.

Little v. WCAB

Note: [Unpublished] Substantial evidence supports the Board's finding that the petitioner filed a deficient skeletal petition for reconsideration and that he failed to prove he required erectile dysfunction medication on an industrial basis.