2 Summary of California Law (10th), Workers' Compensation
I. WORKERS' COMPENSATION SYSTEM
A. [§1] Nature of System.
B. Constitutional Enabling Provision.
1. [§2] Enlargement of Legislative Power.
2. [§3] No Limitation on Legislative Power.
C. Workers' Compensation Act.
1. [§4] Original Act and Revisions.
2. [§5] Nature and Validity of Act.
3. Liberal Construction.
(a) [§6] In General.
(b) [§7] Rule Applied in Favor of Claimant.
(c) [§8] Rule Invoked To Deny Tort Action.
4. [§9] Prospective Construction.
D. Division of Workers'' Compensation.
1. [§10] In General.
2. [§11] Administrative Director.
3. [§12] Court Administrator.
4. Appeals Board.
(a) [§13] In General.
(b) [§14] Powers.
(c) [§15] Exclusive Jurisdiction.
(d) [§16] Limitations on Jurisdiction.
E. Discrimination Against Injured Workers.
1. [§17] Nature and Purpose of Statute.
2. [§18] Sanctions for Violation.
3. Scope of Statute.
(a) [§19] Liberal Construction.
(b) [§20] Limitations.
(c) [§21] Successor and Agency Liability.
4. [§22] Justification for Not Reinstating Worker.
F. [§23] Prevention of Fraud and Abuse.
II. EXCLUSIVE REMEDY
A. In General.
1. [§24] Statutory Exclusive Remedy Rules.
2. [§25] Statutory Exceptions.
3. [§26] Pleading To Negate or Uphold Jurisdiction.
B. Consequences of Exclusive Remedy Rules.
1. Claims for Emotional Distress.
(a) [§27] In General.
(b) [§28] Wrongful Termination.
(c) [§29] Constructive Discharge.
2. [§30] Noncompensable Injury.
3. [§31] Wrongful Refusal To Pay Compensation Award.
4. [§32] Employer''s Wilful Misconduct.
5. [§33] Employer''s Fraud.
6. [§34] Failure To Render Medical Care.
7. [§35] Insurer''s Negligent Safety Inspection.
8. [§36] Insurer''s Negligent Investigation.
9. [§37] Insurer''s Negligent Spoliation of Evidence.
10. . [§38] Acts of Independent Claims Administrator.
11. [§39] Involuntary Manslaughter.
12. [§40] Criminal Assault by Third Party.
13. [§41] Peculiar Risk Doctrine Is Unavailable.
14. [§42] Other Consequences.
III. EXCEPTIONS, DISTINCTIONS, AND PERMISSIBLE ACTIONS
A. Actions Against Employer.
1. Statutory Causes of Action.
(a) [§43] Physical Assault.
(b) Fraudulent Concealment Aggravating Disease or Injury.
(1) [§44] In General.
(2) [§45] What Constitutes Fraudulent Concealment.
(c) [§46] Fair Employment and Housing Act.
(d) [§47] Whistleblower Protection Statute.
(e) [§48] Products Liability.
(f) Failure To Provide Guard on Power Press.
(1) [§49] In General.
(2) [§50] Elements of Cause of Action.
(3) [§51] Definitions.
(g) Uninsured Employer.
(1) [§52] Cumulative Remedies Are Authorized.
(2) [§53] Special Rules Governing Action.
2. Conditions of Compensation Not Met.
(a) [§54] In General.
(b) [§55] Spoliation of Evidence.
3. Conduct Outside Compensation Bargain.
(a) [§56] Basis for Liability.
(b) [§57] Wrongful Termination in Violation of Public Policy.
(c) [§58] False Imprisonment.
(d) [§59] Discrimination in Workplace.
(e) [§60] Defamation.
(f) [§61] Invasion of Privacy.
4. Employer in Dual Capacity.
(a) [§62] Nature of Doctrine.
(b) [§63] Legislative Curtailment.
5. Other Authorized Actions.
(a) [§64] Employer''s Extrinsic Fraud.
(b) [§65] Fetal Injury in Workplace.
(c) [§66] Excluded Employment.
B. Action Against Other Employee.
1. [§67] Wilful Act or Intoxication.
2. [§68] Employee Outside Scope of Employment.
C. Action Against Third-Party Tortfeasor.
1. [§69] In General.
2. Employee''s Unilateral Release.
(a) [§70] Statutory Authorization.
(b) [§71] Notice.
3. Action or Settlement by Employee Alone.
(a) [§72] Employer''s Lien on Employee''s Judgment.
(b) Employer''s Credit on Employee''s Award.
(1) [§73] In General.
(2) [§74] No Credit in MICRA Action.
(3) [§75] Credit on Award After Judgment.
(c) Employee''s Expenses and Attorneys'' Fees.
(1) [§76] Nature of Problem and Former Law.
(2) [§77] Apportionment of Fee.
(3) [§78] Procedure for Apportionment.
(4) Priority of Attorney''s Claim.
(aa) [§79] In General.
(bb) [§80] After Judgment.
(cc) [§81] After Settlement.
4. Action, Settlement, or Joinder by Employer.
(a) Action or Settlement by Employer Alone.
(1) [§82] In General.
(2) [§83] Statute of Limitations.
(3) [§84] Reimbursement.
(b) Action by Both Parties.
(1) [§85] Action by Employer: Intervention by Employee.
(2) [§86] Action by Employee: Joinder or Intervention by Employer.
(3) [§87] Action by Employer and Employee: Reimbursement.
(c) Settlement by Both Parties: Reimbursement.
(1) [§88] In General.
(2) [§89] Apportionment.
(3) [§90] Allocation on Recovery From Fewer Than All Defendants.
(d) [§91] Proof of Causation.
5. Employer''s Contributory Negligence.
(a) [§92] In General.
(b) Comparative Fault.
(1) [§93] Comparative Negligence Doctrine Extended.
(2) [§94] Effect of Employee''s Negligence.
(c) [§95] Employer Is Party.
(d) [§96] Affirmative Defense.
(e) [§97] Employee May Not Raise Issue.
(f) Subsequent Proceeding Before Board.
(1) [§98] Where Employer'''s Negligence Is Judicially Determined.
(2) [§99] Where Employer'''s Negligence Is Not Judicially Determined.
(g) [§100] Distinction: Employer''s Waiver of Subrogation.
(h) [§101] Determination Without Employer.
(i) [§102] No Right of Contribution Against Employer.
6. [§103] Lien of Public Employees'' Retirement System.
D. Other Permissible Actions.
1. [§104] Action Against Physician for Malpractice.
2. [§105] Action Against Insurer for Intentional Tort.
3. [§106] Cartwright Act, RICO, Tortious Interference, and Unfair Competition Claims.
4. [§107] Other Actions Outside Act.
E. [§108] Binding Determination of Jurisdiction.
IV. CONFLICT OF LAWS: EXTRATERRITORIAL OPERATION
A. General Principles.
1. [§109] Constitutional Due Process.
2. [§110] When Tort Remedy Is Precluded.
B. Employment Contract in California, Injury Outside.
1. Rights of Employees.
(a) [§111] Development of Rule.
(b) Making of Contract in California.
(1) [§112] Earlier Decisions.
(2) [§113] Later Decisions.
2. [§114] Rights Between Insurers.
C. Injury in California, Employment Contract Outside.
1. [§115] In General.
2. [§116] California Reciprocal Act.
D. [§117] Awards Under Statutes of Two States.
V. FEDERAL JURISDICTION
A. Interstate Commerce: Federal Employers'' Liability Act.
1. [§118] In General.
2. [§119] Concurrent Jurisdiction of State and Federal Courts.
3. [§120] Relation of Duties to Interstate Commerce.
4. [§121] Liability Based on Negligence.
5. [§122] Occupational Disease.
6. [§123] Common Law Defenses Abolished.
B. [§124] Interstate Commerce: Safety Appliance Acts.
C. [§125] Federal Employees'' Compensation Act.
D. Admiralty Jurisdiction.
1. [§126] Nature of Admiralty Jurisdiction.
2. Remedies of Seaman.
(a) [§127] Maintenance and Cure.
(b) Breach of Warranty of Seaworthiness.
(1) [§128] Nature of Remedy.
(2) [§129] Scope of Warranty.
(3) [§130] Persons Covered.
(c) Jones Act.
(1) [§131] In General.
(2) [§132] Seaman Status.
(3) [§133] Employment Relationship.
(4) [§134] Liability Based on Negligence.
3. Longshore and Harbor Workers'' Compensation Act.
(a) [§135] In General.
(b) [§136] Employees Covered.
(c) [§137] Injuries Covered.
(d) Employee''s Action Against Third Party.
(1) [§138] In General.
(2) [§139] Action Against Shipowner.
(3) [§140] Shipowner''s Duty of Care.
(e) [§141] No Right of Indemnity in Shipowner.
4. Concurrent Federal and State Jurisdiction.
(a) [§142] In General.
(b) [§143] Crediting Payments.
(c) [§144] Workers'' Compensation for Injury on Land.
(d) [§145] Federal Maritime Action in Death Case.
VI. WORKERS' COMPENSATION INSURANCE
A. Nature of Requirement.
1. [§146] In General.
2. [§147] Insurers.
3. [§148] Self-Insurance.
B. [§149] Effect of Compliance.
C. Effect of Failure To Comply.
1. [§150] In General.
2. [§151] Increase of Award.
3. [§152] Enforcement of Award.
4. Payment From Uninsured Employers Benefits Trust Fund.
(a) [§153] In General.
(b) [§154] Notice to Employer.
(c) [§155] Recovery From Employer.
(d) [§156] Recovery From Third Person.
D. [§157] Scope and Interpretation of Policies.
E. [§158] Nondisclosure of Medical Information.
VII. THE EMPLOYMENT RELATIONSHIP
A. Who Are Employers.
1. [§159] In General.
2. [§160] Joint Venture.
3. Multiple Employment.
(a) Liabilities of Employers.
(1) General and Special Employment.
(aa) [§161] Test: Right of Control.
(bb) [§162] No Transfer of Right of Control.
(cc) [§163] Contract Is Not Controlling.
(2) [§164] Concurrent or Joint Employment.
(3) [§165] Public Emergency Service.
(4) [§166] Licensed Contractor and Temporary Agency.
(b) [§167] Rights Between Insurers.
(c) Disability From Progressive Disease.
(1) [§168] Liability of Last Insurer.
(2) Apportionment Among Multiple Employers.
(aa) [§169] In General.
(bb) [§170] Employers Who Are Liable.
(cc) [§171] Procedure.
B. Who Are Employees.
1. Nature of Classification.
(a) [§172] In General.
(b) [§173] Compensation.
(c) [§174] Unlawful Employment.
(d) [§175] Preemployment Tryout.
2. Public Employees.
(a) [§176] Broad Application.
(b)