Chapter 1 General Provisions
Chapter 2 Employers, Employees, and Dependents
Chapter 3 Conditions of Compensation Liability
Chapter 4 Compensation Insurance and Security
Chapter 5 Subrogation of Employer
Chapter 7 Medical Examinations
Chapter 8 Election to Be Subject to Compensation Liability
Chapter 9 Economic Opportunity Programs
Chapter 10 Disaster Service Workers
Chapter 11 Asbestos Workers’ Account

Terms Used In California Codes > Labor Code > Division 4 > Part 1 - SCOPE AND OPERATION

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessee: means the person to whom property or a tax is assessed. See California Revenue and Taxation Code 23
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • auditor: means the auditor, auditor-controller, or director of finance of a county. See California Revenue and Taxation Code 286
  • Authority: means the San Francisco Port Authority, as the same is constituted by Part 1 (commencing at Section 1690) of Division 6 of the Harbors and Navigation Code, or any successor thereof. See California Harbors and Navigation Code 3901
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • battalion: when used in connection with the infantry of the National Guard. See California Military and Veterans Code 281
  • Biochemical substance: means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code. See California Labor Code 3212.85
  • blood-borne infectious disease: means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations. See California Labor Code 3212.8
  • board: means Agricultural Labor Relations Board. See California Labor Code 1140.4
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • board of supervisors: means the board of supervisors of the principal county. See California Public Utilities Code 22701
  • Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
  • Campus: shall include any campus or other installation maintained under the jurisdiction of the Regents of the University of California. See California Labor Code 3213
  • Campus department: means all members of the University of California Police Department who are assigned and serve on a particular campus. See California Labor Code 3213
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes city and county. See California Harbors and Navigation Code 15
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Public Utilities Code 20
  • Commission: means the Harbors and Watercraft Commission, as the same is constituted by Division 1 (commencing with Section 30) of this code, or any successor thereof. See California Harbors and Navigation Code 3901
  • Committee: means the Harbor Improvement Bond Committee. See California Harbors and Navigation Code 3901
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • company: when used in connection with the infantry of the National Guard. See California Military and Veterans Code 281
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controller: means the State Controller. See California Revenue and Taxation Code 21
  • Conviction: A judgement of guilt against a criminal defendant.
  • County: includes city and county. See California Military and Veterans Code 13
  • County: includes city and county. See California Public Utilities Code 18
  • County: includes city and county. See California Revenue and Taxation Code 15
  • Covered establishment: means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. See California Labor Code 1400
  • Crane: means a machine for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. See California Labor Code 7371
  • Crane employer: means an employer who is responsible for the maintenance and operation of a tower crane. See California Labor Code 7371
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Department of Industrial Relations. See California Labor Code 1286
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • department: means the State Department of Health Care Services and "director" means the Director of Health Care Services. See California Health and Safety Code 11752
  • Department: means the Department of Industrial Relations. See California Labor Code 6302
  • Devise: To gift property by will.
  • Director: means the Director of Industrial Relations or the director's designee. See California Labor Code 1286
  • Director: means the Director of Industrial Relations. See California Labor Code 3700.1
  • director: means the Director of Industrial Relations or the director's designated agents. See California Labor Code 3710
  • Director: means the Director of Industrial Relations. See California Labor Code 3741
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • Director: means the Director of Industrial Relations. See California Labor Code 6302
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
  • Docket: A log containing brief entries of court proceedings.
  • Domestic work: means services related to the care of persons in private households or maintenance of private households or their premises. See California Labor Code 1451
  • Domestic work employee: means an individual who performs domestic work and includes live-in domestic work employees and personal attendants. See California Labor Code 1451
  • Domestic work employer: means a person, including corporate officers or executives, who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of a domestic work employee. See California Labor Code 1451
  • duty belt: means a belt used for the purpose of holding a gun, handcuffs, baton, and other items related to law enforcement. See California Labor Code 3213.2
  • Employee: means a person employed by an employer for at least 6 months of the 12 months preceding the date on which notice is required. See California Labor Code 1400
  • Employee: includes the person injured and any other person to whom a claim accrues by reason of the injury or death of the former. See California Labor Code 3850
  • employee: shall mean one engaged in agriculture, as such term is defined in subdivision (a). See California Labor Code 1140.4
  • employees: means the employees of the fire departments and fire services of the State, counties, cities, cities and counties, districts, and other political subdivisions of the State. See California Labor Code 1961
  • Employer: means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. See California Labor Code 1400
  • Employer: includes insurer as defined in this division. See California Labor Code 3850
  • employer: means :

    California Labor Code 3300

  • Entertainment industry: means motion pictures of any type, including, but not limited to, film or videotape, using any format, including, but not limited to, theatrical film, commercial, documentary, or television program, by any medium, including, but not limited to, theater, television, or videocassette. See California Labor Code 1286
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee: shall mean (1) the difference between the amount received by a labor contractor and the amount paid out by him or her to persons employed to render personal services to, for or under the direction of a third person. See California Labor Code 1682
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Self-Insurers' Security Fund established pursuant to Section 3742. See California Labor Code 3741
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Goods: includes wares or merchandise. See California Harbors and Navigation Code 24
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Harbor: as used in this article , includes any bay, inlet, or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, except such as are excluded from the application of this chapter by the provisions of Section 4049 of this code. See California Harbors and Navigation Code 4130
  • health facility: means a health facility as defined in subdivision (a), (b), (c), (m), or (n) of Section 1250 of the Health and Safety Code. See California Labor Code 3212.87
  • Horticultural: includes the curing and drying but not the canning of all varieties of fruit. See California Labor Code 1390
  • Incurred liabilities for the payment of compensation: means the sum of an estimate of future compensation, as compensation is defined by Section 3207, plus an estimate of the amount necessary to provide for the administration of claims, including legal costs. See California Labor Code 3700.1
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
  • Insolvent self-insurer: means a private self-insurer who has failed to pay compensation and whose security deposit has been called by the director pursuant to Section 3701. See California Labor Code 3741
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • isomer: includes optical and geometrical (diastereomeric) isomers. See California Health and Safety Code 11033
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Labor Commissioner: means the Chief of the Division of Labor Standards Enforcement, or the chief's deputies or agents, who shall have the authority to conduct informal hearings and determine the amount of civil penalties in accordance with this chapter. See California Labor Code 1286
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
  • labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for agricultural employees. See California Labor Code 1140.4
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Layoff: means a separation from a position for lack of funds or lack of work. See California Labor Code 1400
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued by the Labor Commissioner to carry on the business, activities, or operations of a farm labor contractor under this chapter. See California Labor Code 1682
  • Licensee: means a farm labor contractor who holds a valid and unrevoked license under this chapter. See California Labor Code 1682
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mass layoff: means a layoff during any 30-day period of 50 or more employees at a covered establishment. See California Labor Code 1400
  • Medical director: means the physician appointed by the administrative director pursuant to Section 122. See California Labor Code 29
  • Member: means a private self-insurer which participates in the Self-Insurers' Security Fund. See California Labor Code 3700.1
  • Member: means a private self-insurer which participates in the Self-Insurers' Security Fund. See California Labor Code 3741
  • Members of a fire department: includes , but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:

    California Labor Code 3212.85

  • Minor: means any person under the age of 18 years who is required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of Division 4 of Title 2 of the Education Code and any person under the age of six years. See California Labor Code 1286
  • Mobile tower crane: means a tower crane which is mounted on a crawler, truck, or similar carrier for travel or transit. See California Labor Code 7371
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • narcotic and drug abuse program: means any program that provides any service of care, treatment, rehabilitation, counseling, vocational training, self-improvement classes or courses, narcotic replacement therapy in maintenance or detoxification treatment, or other medication services for detoxification and treatment, and any other services that are provided either public or private, whether free of charge or for compensation, which services are intended in any way to alleviate the problems of narcotic addiction or habituation or drug abuse addiction or habituation or any problems in whole or in part related to the problem of narcotics addiction or drug abuse, or any combination of these problems. See California Health and Safety Code 11842
  • no significant amount of work: means work other than the foregoing did not exceed 20 percent of the total weekly hours worked. See California Labor Code 1451
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes affirmation. See California Military and Veterans Code 15
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See California Public Utilities Code 15
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Permanent total disability: means a permanent disability with a rating of 100 percent permanent disability only. See California Labor Code 4452.5
  • Person: includes any individual, firm, partnership, association, limited liability company, or corporation. See California Labor Code 1682
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
  • person: shall mean one or more individuals, corporations, partnerships, limited liability companies, associations, legal representatives, trustees in bankruptcy, receivers, or any other legal entity, employer, or labor organization having an interest in the outcome of a proceeding under this part. See California Labor Code 1140.4
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
  • Personal attendant: means any person employed by a private householder or by any third-party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision. See California Labor Code 1451
  • Personal physician: includes a medical group, if the medical group is a single corporation or partnership composed of licensed doctors of medicine or osteopathy, which operates an integrated multispecialty medical group providing comprehensive medical services predominantly for nonoccupational illnesses and injuries. See California Labor Code 4600
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Private self-insurer: means a private employer which has secured the payment of compensation pursuant to Section 3701. See California Labor Code 3700.1
  • Private self-insurer: means a private employer which has secured the payment of compensation pursuant to subdivision (b) of Section 3700. See California Labor Code 3741
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Relocation: means the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away. See California Labor Code 1400
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • San Francisco Harbor Improvement Fund: means the fund now existing in the State Treasury and created by Section 1706. See California Harbors and Navigation Code 3901
  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sheriff: includes "marshal. See California Labor Code 25
  • specific place of employment: means the building, store, facility, or agricultural field where an employee performs work at the employer's direction. See California Labor Code 3212.88
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Labor Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Revenue and Taxation Code 12.2
  • Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Labor Code 6302
  • State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Labor Code 17
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervisor: means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See California Labor Code 1140.4
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Termination: means the cessation or substantial cessation of industrial or commercial operations in a covered establishment. See California Labor Code 1400
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • testing: means a PCR (Polymerase Chain Reaction) test approved for use or approved for emergency use by the United States Food and Drug Administration to detect the presence of viral RNA. See California Labor Code 3212.87
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tower crane: means a crane in which a boom, swinging jib, or other structural member is mounted on a vertical mast or tower. See California Labor Code 7371
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustees: means the Board of Trustees of the Self-Insurers' Security Fund. See California Labor Code 3700.1
  • Trustees: means the Board of Trustees of the Self-Insurers' Security Fund. See California Labor Code 3741
  • unfair labor practice: means any unfair labor practice specified in Chapter 4 (commencing with Section 1153) of this part. See California Labor Code 1140.4
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
  • Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
  • war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Military and Veterans Code 18
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.