California Labor Code, the contractor sections
Limitations of Proceedings
Chapter 2 of Part 4 of Division 4 sets the limits on workers' compensation proceedings; this page carries section 5402 of it: an employer's knowledge of an injury stands in for written notice, a claim not rejected within 90 days of the claim form is presumed compensable, and the employer authorizes treatment within one working day, up to $10,000 until the claim is accepted or rejected. Nothing in the question bank cites this chapter yet.
Sections
- Cited as
- Labor Code, declared subset
- This chapter
- Division 4, Part 4, Chapter 2. Limitations of Proceedings
- Sections
- 1
- Official copy
- The chapter on the publisher site
Only part of this instrument is here
The site's copy of this instrument is sections 200-273, 500-558.1, 1171-1207, 1285-1312, 1390-1399, 1400-1408, 1720-1861, 2750-2810.5, 3070-3098, 3200-3760, 3800, 4650-4653, 4658.7, 5402, 6300-6413.5. Everything outside those boundaries was not ingested and is not searchable here. Read it on the official copy linked above.
In scope: Division 2, Part 1, Chapter 1 (Payment of Wages, ss. 200 to 273: what wages are, when they are due, final pay on discharge and on quitting, waiting-time penalties, itemized statements, deductions); Division 2, Part 2, Chapter 1 (Working Hours, ss. 500 to 558.1: the workday and workweek, overtime, alternative workweeks, meal and rest periods, and the penalties for missing them); Division 2, Part 4, Chapter 1 (Wages, Hours and Working Conditions, ss. 1171 to 1207: who the wage and hour law covers, the Industrial Welfare Commission and its wage orders, and the minimum wage and its scheduled increases in s. 1182.12); Division 2, Part 4, Chapter 2 (Occupational Privileges and Restrictions, ss. 1285 to 1312: the employment of minors, the permit to employ and to work, the ages and hours a minor may be worked, and the penalties for employing one against those rules); Division 2, Part 4, Chapter 3 (Working Hours, ss. 1390 to 1399: the daily, weekly and time-of-day limits on the hours a minor of 15 or under, and of 16 or 17, may be worked, on schooldays and otherwise, and the penalty for working one past them); Division 2, Part 4, Chapter 4, Article 1 (General Cal/WARN Requirements, ss. 1400 to 1408: what a covered establishment, a mass layoff, a relocation and a termination are, the 60 days' written notice an employer gives before ordering one and to whom, and the back pay and penalty for failing to); Division 2, Part 7, Chapter 1 (Public Works, ss. 1720 to 1861: what a public work is, prevailing wage, apprentices, certified payroll, DIR registration, working hours on public work, and the workers' compensation certificate a public works contractor signs); Division 3, Chapter 2 (Employer and Employee, ss. 2750 to 2810.5: the contract of employment, the employee-or-independent-contractor test, and an employer's obligations, including the rules on contracting for labor); Division 3, Chapter 4, Articles 1 to 3 (Apprenticeship, ss. 3070 to 3098: the Division of Apprenticeship Standards and its administrator, the apprentice agreement, how a program is approved, the ratio of apprentices to journeypersons, and other on-the-job training); Division 4, Part 1, Chapters 1 to 4 (Workers' Compensation, ss. 3200 to 3760: definitions, who is an employer and who is an employee, the conditions of compensation liability, and the duty to secure payment by insurance or self-insurance); Division 4, Part 1, Chapter 4, Article 4 (Construction Permit, s. 3800: the workers' compensation certificate, or the signed exemption in its place, that an applicant for a building permit files, and what the permit issuer does with it); Division 4, Part 2, Chapter 2, Article 3 (Disability Payments), ss. 4650 to 4653 and s. 4658.7 (when the first temporary disability payment is due and the 10 percent increase on a late one, the three-day waiting period, the two-thirds rate for temporary total disability, and the supplemental job displacement voucher an employee with a permanent partial disability receives unless offered regular, modified or alternative work); Division 4, Part 4, Chapter 2 (Limitations of Proceedings), s. 5402 (knowledge of an injury as notice, the 90-day presumption of compensability, and the one working day to authorize treatment up to $10,000 while a claim is pending); Division 5, Part 1, Chapters 1 to 3 (Occupational Safety and Health, ss. 6300 to 6413.5: what a safe place of employment is and who enforces it, the right to refuse dangerous work and the bar on retaliation in ss. 6310 to 6312, hazardous substance information and training, the employer's duties from s. 6400 on including the injury and illness prevention program in s. 6401.7, and the report of a serious injury or death in s. 6409.1). Out: the rest of the Labor Code, which runs from s. 50 to s. 11005 across thirteen divisions, including the rest of Division 4, Parts 2 and 4 (the other disability payment sections of Article 3 and the other limitation periods of Part 4, Chapter 2, which the two pages fetched for this subset carry and this ingest does not claim), Article 2 of Division 2, Part 4, Chapter 4 (relocation of call centers, ss. 1409 to 1413); and, inside the chapters fetched for this subset, Division 3, Chapter 4, Articles 4 to 6 (preapprenticeship, apprenticeship innovation funding and youth apprenticeship, ss. 3100 to 3122.4) and Division 4, Part 1, Chapter 4 above s. 3760 apart from s. 3800 (insurance rights and privileges, and workers' compensation misrepresentations). Sections 3801 to 3803 are declared by nothing here because the code prints no such sections: Article 4 of that chapter is the single section 3800. Why: the Law and Business examination outline reaches the Labor Code in four of its seven sections, Employment Requirements, Public Works, Insurance and Liens, and Safety, and these are the chapters those four draw on. Everything left out is law, and none of it is authority this corpus carries: a claim that needs it is unverifiable here, not verified against a silence.
Reproduced from the official code text. The official version is the one linked above. Nothing has been added to the text, and nothing inside this chapter has been left out.
Section 5402§Sections
(a) Knowledge of an injury, obtained from any source, on the part of an employer, the employer’s managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400.
(b) (1) If liability is not rejected within 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 90-day period.
(2) Notwithstanding paragraph (1), for injuries or illnesses defined in Sections 3212 to 3212.85, inclusive, and Sections 3212.9 to 3213.2, inclusive, if the liability is not rejected within 75 days after the date the claim form is filed pursuant to Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 75-day period.
(c) Within one working day after an employee files a claim form under Section 5401, the employer shall authorize the provision of all treatment, consistent with Section 5307.27, for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected. Until the date the claim is accepted or rejected, liability for medical treatment shall be limited to ten thousand dollars ($10,000).
(d) Treatment provided under subdivision (c) does not give rise to a presumption of liability on the part of the employer.
(e) Upon appropriation by the Legislature, the Division of Workers’ Compensation shall identify and amend its existing data collection processes to include collection of the date on which the claimant is notified of acceptance, denial, or conditional denial of liability for a claim, consistent with this section.
(Amended by Stats. 2022, Ch. 835, Sec. 3. (SB 1127) Effective January 1, 2023.)