Safety & Workers' Compensation

California Increases Penalties for Failure to Secure Payment of Workers’ Comp

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California Labor Code § 3722 was amended on January 1, 2010, to increase employers’ penalties for failure to obtain workers’ compensation insurance up to $1,500 per employee or twice what the employer would have paid in workers’ compensation premiums the previous three years, whichever is greater.

Workers’ Compensation Coverage Extended for Injuries Entirely Related to Discrimination

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Safety & Workers' Compensation

The California Labor Code § 3600 was amended to state that whenever a third party injures or kills an employee because of their personal beliefs relating to the perception of the injured or dead employee’s race, religious creed, color, national origin, age, gender, disability, sex, or sexual orientation; no personal connection or relationship will be found to exist.

Workers’ Compensation Coverage Extended for Injuries Related to Discrimination

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Safety & Workers' Compensation

Under California's workers' compensation laws, injuries that are caused to another employee due to a purely personal motivation of a third party aggressor against the victim are typically an exception to the general rule that employers are required to provide workers' compensation or medical treatment for all injures incurred by employees "arising out of and in the course of" their employment. However, Assembly Bill 1093, which became effective January 1, 2010, now creates an exception to this exception.

April 24, 2009 Special Alert: Cal/OSHA Inspectors in the Winters Area

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Safety & Workers' Compensation

We have just received a report that Cal/OSHA inspectors were out in the Winters area this week conducting sweeps. One employer was cited for not providing cups to two irrigators who were provided with individual water containers.

Labor Representative to be Appointed to Cal-OSHA Board of Appeals

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Safety & Workers' Compensation

Governor Arnold Schwarzenegger has made a commitment to appoint a labor representative to a vacant position on the three-person Occupational Safety Appeals Board (OSHAB). The announcement was made yesterday by State Senate President Pro Tem Darrell Steinberg during a re-nomination hearing for the current chairwoman of the Cal/OSHA Board of Appeals, Candice Traeger. The seat for a labor representative has been vacant since January 2007.

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