California Labor Code, Division 4 Part 1 -- Scope and Operation of Workers' Compensation
chs. 1, 2, 3, 4, 5, 7 and 8 complete, Secs. 3200-4157
Edition and licensing notes
Publisher. California Legislative Counsel (leginfo.legislature.ca.gov)
Edition. California Labor Code, current official text on California Legislative Information, the Legislative Counsel of California. The publisher prints no edition or currency statement on the code display pages themselves; the site states it publishes the code as amended and in effect.
Status. US state statute; public domain.
What this document is
California Labor Code, Division 4 Part 1 -- Scope and Operation of Workers' Compensation: chs. 1, 2, 3, 4, 5, 7 and 8 complete (Secs. 3200-4157) is a state statute published by California Legislative Counsel (leginfo.legislature.ca.gov). It is one of the California documents that insurance license exam questions are written from, including california property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.
Sections cited in practice questions
Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.
- Cal. Lab. Code § 3353 (Independent contractor defined)
““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.”
- Cal. Lab. Code § 3301 (Employer excludes)
“As used in this division, “employer” excludes the following: (a) Any person while acting solely as the sponsor of a bowling team. (b) Any private, nonprofit organization while acting solely as the sponsor of a person who, as a condition of sentencing by a superior or municipal court, is performing...”
- Cal. Lab. Code § 3352(a)(8)(A)-(B) (Domestic worker exclusion; hours-or-wage disjunctive test)
“comes within either of the following descriptions: (A) The employment was, or was contracted to be, for less than 52 hours. (B) The employment was, or was contracted to be, for wages of not more than one hundred dollars ($100).”
- Cal. Lab. Code § 3706 (Civil action against an employer who fails to secure compensation)
“If any employer fails to secure the payment of compensation, any injured employee or his dependents may bring an action at law against such employer for damages, as if this division did not apply.”
- Cal. Lab. Code § 3600(a)(7) (Workers' compensation; altercation, the non-aggressor employee's injury remains compensable)
“Where the injury does not arise out of an altercation in which the injured employee is the initial physical aggressor.”
- Cal. Lab. Code § 3708 (Civil action against uninsured employer: presumption of negligence; unavailable defenses)
“In such action it is presumed that the injury to the employee was a direct result and grew out of the negligence of the employer, and the burden of proof is upon the employer, to rebut the presumption of negligence. It is not a defense to the employer that the employee was guilty of contributory...”
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