Workers’ Compensation
Ca. Workers' Comp. Quarterly Vol. 36, No. 1, 2023
Content
- Impact of Senate Bill 1127 on Peace Officer Claims
- Implicit Bias and the LGBTQI+ Community
- In This Issue
- Note from the Editors
- The Longshore and Harbor Workers' Compensation Act and Crossover Issues with California State Workers' Compensation
- Workers' Compensation Section 2022-2023 EXECUTIVE COMMITTEE ROSTER
- The Employer's Bill of Rights
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.