Workers’ Compensation

Ca. Workers' Comp. Quarterly Vol. 36, No. 1, 2023

The Employer’s Bill of Rights

JESSE A. BERNAL, ESQ.

NORTHRIDGE, CALIFORNIA

Most practitioners understand the substitutionary aspect of insurance carriers "standing in the shoes of" the employer when an employer is insured against liability for workers’ compensation claims. (Lab. Code §§3750-3759.) However, the responsibility the insurance carrier owes to the employer during the pendency of a claim for injury by an employee, specifically a claim in which the employer asserts that no compensation is payable to an employee, is not often discussed. Labor Code sections 3761 and 3762 are known as the "Employer’s Bill of Rights" and delineate how to handle employee injury claims that an employer challenges as not payable.

LABOR CODE SECTIONS 3761 AND 3762

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