reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 1 - Employers › Section 3302.

3302. (a) (1) When a licensed contractor enters an agreement with a temporary employment agency, employment referral service, labor contractor, or other similar entity for the entity to supply the contractor with an individual to perform acts or contracts for which the contractor’s license is required under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and the licensed contractor is responsible for supervising the employee’s work, the temporary employment agency, employment referral service, labor contractor, or other similar entity shall pay workers’ compensation premiums based on the contractor’s experience modification rating.
(2) The temporary employment agency, employment referral service, labor contractor, or other similar entity described in paragraph (1) shall report to the insurer both of the following:
(A) Its payroll on a monthly basis in sufficient detail to allow the insurer to determine the number of workers provided and the wages paid to these workers during the period the workers were supplied to the licensed contractor.
(B) The licensed contractor’s name, address, and experience modification factor as reported by the licensed contractor.
(C) The workers’ compensation classifications associated with the payroll reported pursuant to subparagraph (A). Classifications shall be assigned in accordance with the rules set forth in the California Workers’ Compensation Uniform Statistical Reporting Plan published by the Workers’ Compensation Insurance Rating Bureau.
(b) The temporary employment agency, employment referral service, labor contractor, or other similar entity supplying the individual under the conditions specified in subdivision (a) shall be solely responsible for the individual’s workers’ compensation, as specified in subdivision (a).
(c) Nothing in this section is intended to change existing law in effect on December 31, 2002, as it relates to the sole remedy provisions of this division and the special employer provisions of Section 11663 of the Insurance Code.
(d) A licensed contractor that is using a temporary worker supplied pursuant to subdivision (a) shall notify the temporary employment agency, employment referral service, labor contractor, or other similar entity that supplied that temporary worker when either of the following occurs:
(1) The temporary worker is being used on a public works project.
(2) The contractor reassigns a temporary worker to a position other than the classification to which the worker was originally assigned.
(e) A temporary employment agency, employment referral service, labor contractor, or other similar entity may pass through to a licensed contractor any additional costs incurred as a result of this section.
(Added by Stats. 2002, Ch. 1098, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3350.

3350. Unless the context otherwise requires, the definitions set forth in this article shall govern the construction and meaning of the terms and phrases used in this division.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3351.

3351. “Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:
(a) Persons who are not citizens or nationals of the United States and minors.
(b) All elected and appointed paid public officers.
(c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. An officer or member of a board of directors may elect to be excluded from coverage in accordance with paragraph (16), (18), or (19) of subdivision (a) of Section 3352.
(d) Except as provided in paragraph (8) of subdivision (a) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.
(e) All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations, or engaged in work performed under contract.
(f) All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company. A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with paragraph (17) of subdivision (a) of Section 3352.
(g) A person who holds the power to revoke a trust, with respect to shares of a private corporation held in trust or general partnership or limited liability company interests held in trust. To the extent that this person is deemed to be an employee described in subdivision (c) or (f), as applicable, the person may also elect to be excluded from coverage as described in subdivision (c) or (f), as applicable, if that person otherwise meets the criteria for exclusion, as described in Section 3352.
(h) A person committed to a state hospital facility under the State Department of State Hospitals, as defined in Section 4100 of the Welfare and Institutions Code, while engaged in and assigned work in a vocation rehabilitation program, including a sheltered workshop.
(i) Beginning on July 1, 2020, any individual who is an employee pursuant to Section 2775. This subdivision shall not apply retroactively.
(Amended by Stats. 2023, Ch. 133, Sec. 1. (AB 1766) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3351.5.

3351.5. “Employee” includes:
(a) Any person whose employment training is arranged by the State Department of Rehabilitation with any employer. Such person shall be deemed an employee of such employer for workers’ compensation purposes; provided that, the department shall bear the full amount of any additional workers’ compensation insurance premium expense incurred by the employer due to the provisions of this section.
(b) Any person defined in subdivision (d) of Section 3351 who performs domestic service comprising in-home supportive services under Article 7 (commencing with Section 12300), Chapter 3, Part 3, Division 9 of the Welfare and Institutions Code. For purposes of Section 3352, such person shall be deemed an employee of the recipient of such services for workers’ compensation purposes if the state or county makes or provides for direct payment to such person or to the recipient of in-home supportive services for the purchase of services, subject to the provisions of Section 12302.2 of the Welfare and Institutions Code.
(c) Any person while engaged by contract for the creation of a specially ordered or commissioned work of authorship in which the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all the rights comprised in the copyright in the work.
(Amended by Stats. 1982, Ch. 1332, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3352.94.

3352.94. “Employee” excludes a disaster service worker while performing services as a disaster service worker except as provided in Chapter 10 of this part. “Employee” excludes any unregistered person performing like services as a disaster service worker without pay or other consideration, except as provided by Section 3211.92 of this code.
(Amended by Stats. 1951, Ch. 1440.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3353.

3353. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3354.

3354. Employers of employees defined by subdivision (d) of Section 3351 shall not be subject to the provisions of Sections 3710, 3710.1, 3710.2, 3711, 3712, and 3722, or any other penalty provided by law, for failure to secure the payment of compensation for such employees.
This section shall not apply to employers of employees specified in subdivision (b) of Section 3715, with respect to such employees.
(Repealed and added by Stats. 1977, Ch. 17.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3355.

3355. As used in subdivision (d) of Section 3351, the term “course of trade, business, profession, or occupation” includes all services tending toward the preservation, maintenance, or operation of the business, business premises, or business property of the employer.
(Added by Stats. 1977, Ch. 17.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3356.

3356. As used in subdivision (d) of Section 3351 and in Section 3355, the term “trade, business, profession, or occupation” includes any undertaking actually engaged in by the employer with some degree of regularity, irrespective of the trade name, articles of incorporation, or principal business of the employer.
(Added by Stats. 1977, Ch. 17.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3357.

3357. Any person rendering service for another, other than as an independent contractor, or unless expressly excluded herein, is presumed to be an employee.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3358.

3358. Watchmen for nonindustrial establishments, paid by subscription by several persons, are not employees under this division. In other cases where watchmen, paid by subscription by several persons, have at the time of the injury sustained by them taken out and maintained in force insurance upon themselves as self-employing persons, conferring benefits equal to those conferred by this division, the employer is not liable under this division.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3360.

3360. Workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of the labor on a particular piece of work are employees of the person having such work executed. In respect to injuries which occur while such workmen maintain in force insurance in an insurer, insuring to themselves and all persons employed by them benefits identical with those conferred by this division the person for whom such work is to be done is not liable as an employer under this division.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3361.

3361. Each member registered as an active firefighting member of any regularly organized volunteer fire department, having official recognition, and full or partial support of the government of the county, city, town, or district in which the volunteer fire department is located, is an employee of that county, city, town, or district for the purposes of this division, and is entitled to receive compensation from the county, city, town or district in accordance with the provisions thereof.
(Amended by Stats. 1984, Ch. 114, Sec. 3.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3361.5.

3361.5. Notwithstanding Section 3351, a volunteer, unsalaried person authorized by the governing board of a recreation and park district to perform volunteer services for the district shall, upon the adoption of a resolution of the governing board of the district so declaring, be deemed an employee of the district for the purposes of this division and shall be entitled to the workers’ compensation benefits provided by this division for any injury sustained by him or her while engaged in the performance of any service under the direction and control of the governing board of the recreation and park district.
(Amended by Stats. 1982, Ch. 454, Sec. 134.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3362.

3362. Each male or female member registered as an active policeman or policewoman of any regularly organized police department having official recognition and full or partial support of the government of the county, city, town or district in which such police department is located, shall, upon the adoption of a resolution by the governing body of the county, city, town or district so declaring, be deemed an employee of such county, city, town or district for the purpose of this division and shall be entitled to receive compensation from such county, city, town or district in accordance with the provisions thereof.
(Added by Stats. 1959, Ch. 1650.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3362.5.

3362.5. Whenever any qualified person is deputized or appointed by the proper authority as a reserve or auxiliary sheriff or city police officer, a deputy sheriff, or a reserve police officer of a regional park district or a transit district, and is assigned specific police functions by that authority, the person is an employee of the county, city, city and county, town, or district for the purposes of this division while performing duties as a peace officer if the person is not performing services as a disaster service worker for purposes of Chapter 10 (commencing with Section 4351).
(Added by Stats. 1989, Ch. 892, Sec. 25.5.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3363.

3363. Each member registered with the Department of Fish and Game as an active member of the reserve fish and game warden program of the department is an employee of the department for the purposes of this division, and is entitled to receive compensation from the department in accordance with the provisions thereof.
(Added by Stats. 1961, Ch. 1394.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3363.5.

3363.5. (a) Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a public agency, as designated and authorized by the governing body of the agency or its designee, shall, upon adoption of a resolution by the governing body of the agency so declaring, be deemed to be an employee of the agency for purposes of this division while performing such service.
(b) For purposes of this section, “voluntary service without pay” shall include services performed by any person, who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses.
(Amended by Stats. 1979, Ch. 76.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3363.6.

3363.6. (a) Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a private, nonprofit organization, as designated and authorized by the board of directors of the organization, shall, when the board of directors of the organization, in its sole discretion, so declares in writing and prior to the injury, be deemed an employee of the organization for purposes of this division while performing such service.
(b) For purposes of this section, “voluntary service without pay” shall include the performance of services by a parent, without remuneration in cash, when rendered to a cooperative parent participation nursery school if such service is required as a condition of participation in the organization.
(c) For purposes of this section, “voluntary service without pay” shall include the performance of services by a person who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses.
(Amended by Stats. 1979, Ch. 76.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3364.

3364. Notwithstanding paragraph (3) of subdivision (a) of Section 3352, a volunteer, unsalaried member of a sheriff’s reserve in any county who is not deemed an employee of the county under Section 3362.5, shall, upon the adoption of a resolution of the board of supervisors declaring that the member is deemed an employee of the county for the purposes of this division, be entitled to the workers’ compensation benefits provided by this division for any injury sustained by him or her while engaged in the performance of any active law enforcement service under the direction and control of the sheriff.
(Amended by Stats. 2017, Ch. 770, Sec. 5. (SB 189) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3364.5.

3364.5. Notwithstanding Section 3351 of the Labor Code, a volunteer, unsalaried person authorized by the governing board of a school district or the county superintendent of schools to perform volunteer services for the school district or the county superintendent shall, upon the adoption of a resolution of the governing board of the school district or the county board of education so declaring, be deemed an employee of the district or the county superintendent for the purposes of this division and shall be entitled to the workmen’s compensation benefits provided by this division for any injury sustained by him while engaged in the performance of any service under the direction and control of the governing board of the school district or the county superintendent.
(Amended by Stats. 1968, Ch. 1146.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3364.55.

3364.55. A ward of the juvenile court engaged in rehabilitative work without pay, under an assignment by order of the juvenile court to a work project on public property within the jurisdiction of any governmental entity, including the federal government, shall, upon the adoption of a resolution of the board of supervisors declaring that such ward is deemed an employee of the county for purposes of this division, be entitled to the workers’ compensation benefits provided by this division for injury sustained while in the performance of such assigned work project, provided:
(a) That such ward shall not be entitled to any temporary disability indemnity benefits.
(b) That in determining permanent disability benefits, average weekly earnings shall be taken at the minimum provided therefor in Section 4453.
(Amended by Stats. 1976, Ch. 1347.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3364.6.

3364.6. Notwithstanding Sections 3351 and 3352, juvenile traffic offenders pursuant to Section 564 of the Welfare and Institutions Code, or juvenile probationers pursuant to subdivision (a) of Section 725 of the Welfare and Institutions Code, engaged in rehabilitative work without pay, under an assignment by order of the juvenile court to a work project on public property within the jurisdiction of any governmental entity, including the federal government, shall, upon the adoption of a resolution of the board of supervisors declaring that such traffic offenders or probationers, or both such groups, shall be deemed employees of the county for purposes of this division, be entitled to the workers’ compensation benefits provided by this division for injury sustained while in the performance of such assigned work project, provided:
(a) That such traffic offender or probationer shall not be entitled to any temporary disability indemnity benefits.
(b) That in determining permanent disability benefits, average weekly earnings shall be taken at the minimum provided therefor in Section 4453.
(Added by Stats. 1976, Ch. 428.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3364.7.

3364.7. Notwithstanding Sections 3351 and 3352, a ward of the juvenile court committed to a regional youth educational facility pursuant to Article 24.5 (commencing with Section 894), engaged in rehabilitative work without pay on public property within the jurisdiction of any governmental entity, including the federal government, shall, upon the adoption of a resolution of the board of supervisors declaring that such wards shall be deemed employees of the county for purposes of this division, be entitled to the workers’ compensation benefits provided by this division for injury sustained while in the performance of such public work project, provided:
(a) That the ward shall not be entitled to any disability indemnity benefits.
(b) That in determining permanent disability benefits, average weekly earnings shall be taken at the minimum provided therefor in Section 4453.
(Added by Stats. 1984, Ch. 1455, Sec. 4. Effective September 26, 1984.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3365.

3365. For the purposes of this division:
(a) Except as provided in subdivisions (b) and (c), each person engaged in suppressing a fire pursuant to Section 4153 or 4436 of the Public Resources Code, and each person (other than an independent contractor or an employee of an independent contractor) engaged in suppressing a fire at the request of a public officer or employee charged with the duty of preventing or suppressing fires, is deemed, except when the entity is the United States or an agency thereof, to be an employee of the public entity that he is serving or assisting in the suppression of the fire, and is entitled to receive compensation from such public entity in accordance with the provisions of this division. When the entity being served is the United States or an agency thereof, the State Department of Corrections shall be deemed the employer and the cost of workers’ compensation may be considered in fixing the reimbursement paid by the United States for the service of prisoners. A person is engaged in suppressing a fire only during the period he (1) is actually fighting the fire, (2) is being transported to or from the fire, or (3) is engaged in training exercises for fire suppression.
(b) A member of the armed forces of the United States while serving under military command in suppressing a fire is not an employee of a public entity.
(c) Neither a person who contracts to furnish aircraft with pilots to a public entity for fire prevention or suppression service, nor his employees, shall be deemed to be employees of the public entity; but a person who contracts to furnish aircraft to a public entity for fire prevention or suppression service and to pilot the aircraft himself shall be deemed to be an employee of the public entity.
(Amended by Stats. 1976, Ch. 1347.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3366.

3366. (a) For the purposes of this division, each person engaged in the performance of active law enforcement service as part of the posse comitatus or power of the county, and each person (other than an independent contractor or an employee of an independent contractor) engaged in assisting any peace officer in active law enforcement service at the request of such peace officer, is deemed to be an employee of the public entity that he or she is serving or assisting in the enforcement of the law, and is entitled to receive compensation from the public entity in accordance with the provisions of this division.
(b) Nothing in this section shall be construed to provide workers’ compensation benefits to a person who is any of the following:
(1) A law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section 832.6 of the Penal Code.
(2) A law enforcement officer who is regularly employed by the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety and who is acting as a peace officer in this state pursuant to subdivision (a) of Section 830.32 of the Penal Code.
(Amended by Stats. 1989, Ch. 594, Sec. 3.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3367.

3367. (a) For purposes of this division any person voluntarily rendering technical assistance to a public entity to prevent a fire, explosion, or other hazardous occurrence, at the request of a duly authorized fire or law enforcement officer of that public entity is deemed an employee of the public entity to whom the technical assistance was rendered, and is entitled to receive compensation benefits in accordance with the provisions of this division. Rendering technical assistance shall include the time that person is traveling to, or returning from, the location of the potentially hazardous condition for which he or she has been requested to volunteer his or her assistance.
(b) Nothing in this section shall be construed to provide workers’ compensation benefits to a person who is any of the following:
(1) A law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section 832.6 of the Penal Code.
(2) A law enforcement officer who is regularly employed by the Oregon State Police, the Nevada Department of Motor Vehicles and Public Safety, or the Arizona Department of Public Safety and who is acting as a peace officer in this state pursuant to subdivision (a) of Section 830.32 of the Penal Code.
(Amended by Stats. 1989, Ch. 594, Sec. 4.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3368.

3368. Notwithstanding any provision of this code or the Education Code to the contrary, the school district, county superintendent of schools, or any school administered by the State Department of Education under whose supervision work experience education, cooperative vocational education, or community classrooms, as defined by regulations adopted by the Superintendent of Public Instruction, or student apprenticeship programs registered by the Division of Apprenticeship Standards for registered student apprentices, are provided, shall be considered the employer under Division 4 (commencing with Section 3200) of persons receiving this training unless the persons during the training are being paid a cash wage or salary by a private employer. However, in the case of students being paid a cash wage or salary by a private employer in supervised work experience education or cooperative vocational education, or in the case of registered student apprentices, the school district, county superintendent of schools, or any school administered by the State Department of Education may elect to provide workers’ compensation coverage, unless the person or firm under whom the persons are receiving work experience or occupational training elects to provide workers’ compensation coverage. If the school district or other educational agency elects to provide workers’ compensation coverage for students being paid a cash wage or salary by a private employer in supervised work experience education or cooperative vocational education, it may only be for a transitional period not to exceed three months. A registered student apprentice is a registered apprentice who is (1) at least 16 years of age, (2) a full-time high school student in the 10th, 11th, or 12th grade, and (3) in an apprenticeship program for registered student apprentices registered with the Division of Apprenticeship Standards. An apprentice, while attending related and supplemental instruction classes, shall be considered to be in the employ of the apprentice’s employer and not subject to this section, unless the apprentice is unemployed. Whenever this work experience education, cooperative vocational education, community classroom education, or student apprenticeship program registered by the Division of Apprenticeship Standards for registered student apprentices, is under the supervision of a regional occupational center or program operated by two or more school districts pursuant to Section 52301 of the Education Code, the district of residence of the persons receiving the training shall be deemed the employer for the purposes of this section.
(Amended by Stats. 1998, Ch. 541, Sec. 1. Effective January 1, 1999.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3369.

3369. The inclusion of any person or groups of persons within the coverage of this division shall not cause any such person or group of persons to be within the coverage of any other statute unless any other such statute expressly so provides.
(Added by Stats. 1974, Ch. 966.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3371.

3371. If the issues are complex or if the inmate applicant requests, the Department of Corrections shall furnish a list of qualified workers’ compensation attorneys to permit the inmate applicant to choose an attorney to represent him or her before the appeals board.
(Repealed and added by Stats. 1994, Ch. 497, Sec. 5. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 2 - Employees › Section 3371.1.

3371.1. If the issues are complex or if the patient applicant requests, the State Department of State Hospitals shall furnish a list of qualified workers’ compensation attorneys to permit the patient applicant to choose an attorney to represent them before the workers’ compensation appeals board.
(Added by Stats. 2019, Ch. 38, Sec. 35. (SB 78) Effective June 27, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 3 - Dependents › Section 3501.

3501. (a) A child under the age of 18 years, or a child of any age found by any trier of fact, whether contractual, administrative, regulatory, or judicial, to be physically or mentally incapacitated from earning, shall be conclusively presumed to be wholly dependent for support upon a deceased employee-parent with whom that child is living at the time of injury resulting in death of the parent or for whose maintenance the parent was legally liable at the time of injury resulting in death of the parent.
(b) A spouse to whom a deceased employee is married at the time of death shall be conclusively presumed to be wholly dependent for support upon the deceased employee if the surviving spouse earned thirty thousand dollars ($30,000) or less in the twelve months immediately preceding the death.
(Amended by Stats. 2013, Ch. 786, Sec. 1. (AB 607) Effective January 1, 2014.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 3 - Dependents › Section 3502.

3502. In all other cases, questions of entire or partial dependency and questions as to who are dependents and the extent of their dependency shall be determined in accordance with the facts as they exist at the time of the injury of the employee.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 3 - Dependents › Section 3503.

3503. No person is a dependent of any deceased employee unless in good faith a member of the family or household of the employee, or unless the person bears to the employee the relation of spouse, child, posthumous child, adopted child or stepchild, grandchild, father or mother, father-in-law or mother-in-law, grandfather or grandmother, brother or sister, uncle or aunt, brother-in-law or sister-in-law, or nephew or niece.
(Amended by Stats. 2016, Ch. 50, Sec. 63. (SB 1005) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 4 - Employee Notice › Section 3550.

3550. (a) Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when such is the fact, that the employer is self-insured, and who is responsible for claims adjustment.
(b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.
(c) This section shall not apply with respect to the employment of employees as defined in subdivision (d) of Section 3351.
(d) The form and content of the notice required by this section shall be prescribed by the administrative director, after consultation with the Commission on Health and Safety and Workers’ Compensation, and shall advise employees that all injuries should be reported to their employer. The notice shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees. The notice shall include the following information:
(1) How to get emergency medical treatment, if needed.
(2) The kinds of events, injuries, and illnesses covered by workers’ compensation.
(3) The injured employee’s right to receive medical care.
(4) The rights of the employee to select and change the treating physician pursuant to the provisions of Section 4600.
(5) The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, supplemental job displacement, and death benefits, as appropriate.
(6) To whom injuries should be reported.
(7) The existence of time limits for the employer to be notified of an occupational injury.
(8) The protections against discrimination provided pursuant to Section 132a.
(9) The Internet Web site address and contact information that employees may use to obtain further information about the workers’ compensation claims process and an injured employee’s rights and obligations, including the location and telephone number of the nearest information and assistance officer.
(e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by his or her personal physician with respect to an injury occurring during that failure.
(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice.
(Amended by Stats. 2011, Ch. 544, Sec. 2. (AB 335) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 4 - Employee Notice › Section 3551.

3551. (a) Every employer subject to the compensation provisions of this code, except employers of employees defined in subdivision (d) of Section 3351, shall give every new employee, either at the time the employee is hired or by the end of the first pay period, written notice of the information contained in Section 3550. The content of the notice required by this section shall be prescribed by the administrative director after consultation with the Commission on Health and Safety and Workers’ Compensation.
(b) The notice required by this section shall be easily understandable and available in both English and Spanish. In addition to the information contained in Section 3550, the content of the notice required by this section shall include:
(1) Generally, how to obtain appropriate medical care for a job injury.
(2) The role and function of the primary treating physician.
(3) A form that the employee may use as an optional method for notifying the employer of the name of the employee’s “personal physician,” as defined by Section 4600, or “personal chiropractor,” as defined by Section 4601.
(c) The content of the notice required by this section shall be made available to employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to provide this notice to all employees.
(Amended by Stats. 2002, Ch. 6, Sec. 45. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 2 - Employers, Employees, and Dependents › ARTICLE 4 - Employee Notice › Section 3553.

3553. Every employer subject to the compensation provisions of this code shall give any employee who is a victim of a crime that occurred at the employee’s place of employment written notice that the employee is eligible for workers’ compensation for injuries, including psychiatric injuries, that may have resulted from the place of employment crime. The employer shall provide this notice, either personally or by first-class mail, within one working day of the place of employment crime, or within one working day of the date the employer reasonably should have known of the crime.
(Added by Stats. 1997, Ch. 527, Sec. 3. Effective January 1, 1998.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 3 - Conditions of Compensation Liability › Section 3600.1.

3600.1. (a) Whenever any firefighter of the state, as defined in Section 19886 of the Government Code, is injured, dies, or is disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire-suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, including the jurisdiction in which he or she is employed, but is not at the time acting under the immediate direction of his or her employer, he or she or his or her dependents, as the case may be, shall be accorded by his or her employer all of the same benefits of this division that he, she, or they would have received had that firefighter been acting under the immediate direction of his or her employer. Any injury, disability, or death incurred under the circumstances described in this section shall be deemed to have arisen out of, and been sustained in, the course of employment for purposes of workers’ compensation and all other benefits.
(b) Nothing in this section shall be deemed to do either of the following:
(1) Require the extension of any benefits to a firefighter who, at the time of his or her injury, death, or disability, is acting for compensation from one other than the state.
(2) Require the extension of any benefits to a firefighter employed by the state where by departmental regulation, whether now in force or hereafter enacted or promulgated, the activity giving rise to the injury, disability, or death is expressly prohibited.
(c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 2005, Ch. 22, Sec. 143. Effective January 1, 2006.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 3 - Conditions of Compensation Liability › Section 3600.3.

3600.3. (a) For the purposes of Section 3600, an off-duty peace officer, as defined in subdivision (b), who is performing, within the jurisdiction of his or her employing agency, a service he or she would, in the course of his or her employment, have been required to perform if he or she were on duty, is performing a service growing out of and incidental to his or her employment and is acting within the course of his or her employment if, as a condition of his or her employment, he or she is required to be on call within the jurisdiction during off-duty hours.
(b) As used in subdivision (a), “peace officer” means those employees of the Department of Forestry and Fire Protection named as peace officers for purposes of subdivision (b) of Section 830.37 of the Penal Code.
(c) This section does not apply to any off-duty peace officer while he or she is engaged, either as an employee or as an independent contractor, in any capacity other than as a peace officer.
(Amended by Stats. 1992, Ch. 427, Sec. 122. Effective January 1, 1993.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 3 - Conditions of Compensation Liability › Section 3600.4.

3600.4. (a) Whenever any firefighter of a city, county, city and county, district, or other public or municipal corporation or political subdivision, or any firefighter employed by a private entity, is injured, dies, or is disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, including the local jurisdiction in which he or she is employed, but is not at the time acting under the immediate direction of his or her employer, he or she or his or her dependents, as the case may be, shall be accorded by his or her employer all of the same benefits of this division which he or she or they would have received had that firefighter been acting under the immediate direction of his or her employer. Any injury, disability, or death incurred under the circumstances described in this section shall be deemed to have arisen out of and been sustained in the course of employment for purposes of workers’ compensation and all other benefits.
(b) Nothing in this section shall be deemed to:
(1) Require the extension of any benefits to a firefighter who at the time of his or her injury, death, or disability is acting for compensation from one other than the city, county, city and county, district, or other public or municipal corporation or political subdivision, or private entity, of his or her primary employment or enrollment.
(2) Require the extension of any benefits to a firefighter employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or private entity, which by charter, ordinance, departmental regulation, or private employer policy, whether now in force or hereafter enacted or promulgated, expressly prohibits the activity giving rise to the injury, disability, or death. However, this paragraph shall not apply to relieve the employer from liability for benefits for any injury, disability, or death of a firefighter when the firefighter is acting pursuant to Section 1799.107 of the Health and Safety Code.
(Amended by Stats. 1998, Ch. 617, Sec. 2. Effective January 1, 1999.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 3 - Conditions of Compensation Liability › Section 3600.6.

3600.6. Disaster service workers registered by a disaster council while performing services under the general direction of the disaster council shall be entitled to all of the same benefits of this division as any other injured employee, except as provided by Chapter 10 (commencing with Section 4351) of Part 1. For purposes of this section, an unregistered person impressed into performing service as a disaster service worker during a state of war emergency, a state of emergency, or a local emergency by a person having authority to command the aid of citizens in the execution of his or her duties shall also be deemed a disaster service worker and shall be entitled to the same benefits of this division as any other disaster service worker.
(Added by Stats. 1986, Ch. 554, Sec. 1.)