Chapter 1 Jurisdiction
Chapter 2 Limitations of Proceedings
Chapter 2.3 Workers’ Compensation-Truth in Advertising
Chapter 2.5 Administrative Assistance
Chapter 3 Applications and Answers
Chapter 4 Attachments
Chapter 5 Hearings
Chapter 6 Findings and Awards
Chapter 7 Reconsideration and Judicial Review

Terms Used In California Codes > Labor Code > Division 4 > Part 4

  • Action: includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. See California Education Code 8347.1
  • Acute psychiatric hospital: means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. See California Military and Veterans Code 422
  • Agency: means the Labor and Workforce Development Agency. See California Education Code 32290
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Education Code 8263.3
  • California state preschool program: means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children. See California Education Code 8208
  • camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Education Code 8266.5
  • Centralized applications unit: means the centralized applications unit in the Licensing and Certification Division of the department, or a successor entity. See California Labor Code 7374
  • Chambers: A judge's office.
  • 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.
  • Child care and development programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family child care homes. See California Education Code 8208
  • Child care and development services: means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. See California Education Code 8208
  • Children with exceptional needs: means either of the following:

    California Education Code 8208

  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • City: includes every city and city and county within this State. See California Education Code 8270
  • clinic: means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. See California Labor Code 7374
  • Clinic corporation: means a nonprofit organization that operates one or more primary care clinics, as defined in paragraph (1) of subdivision (a) of Section 1204, that are required to be licensed under Section 1205, one or more mobile health care units required to be licensed or approved pursuant to the Mobile Health Care Services Act (Chapter 9 (commencing with Section 1765. See California Labor Code 7374
  • 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 Education Code 5093
  • 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 Public Utilities Code 101243
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Correctional treatment center: means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. See California Military and Veterans Code 422
  • Cost: includes , but is not limited to, expenditures that are related to the operation of child care and development programs. See California Education Code 8208
  • County: includes "city and county. See California Education Code 32284
  • County: includes city and county. See California Education Code 32381
  • county: includes "city and county". See California Education Code 1012
  • County: includes city and county. See California Education Code 5091
  • County: includes every county and city and county within this State. See California Education Code 8275
  • Court: means the court in which the action is pending. See California Education Code 8347.1
  • Dealer: is a person not otherwise expressly excluded by Section 286 who:

    California Education Code 8276.5

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: includes a cross-defendant or other person against whom an action is commenced. See California Education Code 8347.1
  • Department: means the Licensing and Certification Division of the State Department of Public Health, or its successor. See California Labor Code 7374
  • Department: means Department of Industrial Relations. See California Education Code 32295.5
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Education Code 8277.2
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Director: means Director of Industrial Relations. See California Education Code 32390
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • employer: means :

    California Labor Code 3300

  • 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.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Forbearance: A means of handling a delinquent loan. A
  • Four-year-old children: means children who will have their fourth birthday on or before the date specified of the fiscal year in which they are enrolled in a California state preschool program, as follows:

    California Education Code 8208

  • Fraud: Intentional deception resulting in injury to another.
  • general acute care hospital: includes a "rural general acute care hospital. See California Military and Veterans Code 422
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • health facility: means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types:

    California Military and Veterans Code 422

  • 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 Public Utilities Code 27013
  • Intermediate care facility: means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. See California Military and Veterans Code 422
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Education Code 32400
  • 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.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lessor: includes "bailor" and "lease" includes "bailment. See California Education Code 8335.4
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Medical director: means the physician appointed by the administrative director pursuant to Section 122. See California Education Code 32312
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper. See California Education Code 8360
  • motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Education Code 8358
  • motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Education Code 8359.1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Education Code 8361
  • nonrepairable vehicle certificate: is a vehicle ownership document issued to the owner of a nonrepairable vehicle. See California Education Code 8362
  • Nursing facility: means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U. See California Military and Veterans Code 422
  • Oath: includes affirmation. See California Education Code 32287
  • owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Education Code 8368
  • Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Education Code 8401.5
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 32289
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Education Code 8404
  • Personal property: All property that is not real property.
  • 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.
  • 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.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Primary care clinics: means all the types of clinics specified in subdivision (a) of Section 1204, including community clinics and free clinics. See California Labor Code 7374
  • Program director: means a person who, pursuant to Sections 8244 and 8360. See California Education Code 8208
  • Property: includes both personal and real property. See California Education Code 17389
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • qualified interpreter: means a language interpreter certified, or deemed certified, pursuant to Article 8 (commencing with Section 11435. See California Labor Code 4600
  • reasonable expenses of transportation: includes mileage fees from the employee's home to the place of the examination and back at the rate of twenty-one cents ($0. See California Labor Code 4600
  • 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
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • required action: means any removal or other remedial action with regard to hazardous materials that is necessary to comply with any requirement of federal, state, or local law. See California Education Code 8332.8
  • Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Education Code 8431
  • retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Education Code 8432
  • Sheriff: includes "marshal. See California Education Code 32425
  • Skilled nursing facility: includes a "small house skilled nursing facility (SHSNF)" as defined in Section 1323. See California Military and Veterans Code 422
  • Specialty clinics: means all the types of clinics specified in subdivision (b) of Section 1204, including surgical clinics, chronic dialysis clinics, and rehabilitation clinics. See California Labor Code 7374
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 32283
  • Standard reimbursement rate: means that rate established by the Superintendent pursuant to Section 8265. See California Education Code 8208
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
  • 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 Education Code 5028
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8208
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Education Code 8486
  • Venue: The geographical location in which a case is tried.
  • Violation: includes a failure to comply with any requirement of the code. See California Education Code 32400 v2
  • Writing: includes printing and typewriting. See California Education Code 17389