Conditions of Compensation

Division 4, Part 1, Chapter 3 of the Labor Code deals with conditions of compensation liability under the California workers’ compensation and insurance laws.

Section 3600 provides that liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided, must, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes death, in those cases where the ten specified conditions of compensation concur.

Where an employee, or his or her dependents, receives the compensation provided by this division and secures a judgment for, or settlement of, civil damages pursuant to those specific exemptions to the employee’s exclusive remedy, the compensation paid under this division is to be credited against the judgment or settlement, and the employer is relieved from the obligation to pay further compensation to, or on behalf of, the employee or his or her dependents up to the net amount of the judgment or settlement received by the employee or his or her heirs, or that portion of the judgment as has been satisfied.

Section 3600.1 states that, whenever any firefighter of the state is injured, dies, or is disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire-suppression or rescue operation, must be accorded by his or her employer all of the same benefits of this division that he, she, or they would have received had that firefighter been acting under the immediate direction of his or her employer. Any injury, disability, or death incurred under the circumstances described in this section is deemed to have arisen out of, and been sustained in, the course of employment for purposes of workers’ compensation and all other benefits.

Section 3600.2 provides that, whenever any peace officer is injured, dies, or is disabled from performing his or her duties as a peace officer by reason of engaging in the apprehension or attempted apprehension of law violators or suspected law violators, the peace officer or his or her dependents must be accorded by the peace officer’s employer all of the same benefits that the peace officer or his or her dependents would have received had that peace officer been acting under the immediate direction of his or her employer.

 Any injury, disability, or death incurred under the circumstances described in this section is deemed to have arisen out of and been sustained in the course of employment for purposes of workers’ compensation and all other benefits. Nothing in this section is deemed to impact five specified conditions.

Section 3600.3 provides that an off-duty peace officer who is performing, within the jurisdiction of his or her employing agency, a service he or she would, in the course of his or her employment, have been required to perform if he or she were on duty, is performing a service growing out of and incidental to his or her employment and is acting within the course of his or her employment if, as a condition of his or her employment, he or she is required to be on call within the jurisdiction during off-duty hours. The term “peace officer” is defined.

Section 3600.4 states that, whenever any firefighter is injured, dies, or is disabled from performing his or her duties as a firefighter he or she or his or her dependents, as the case may be, must be accorded by his or her employer all of the same benefits of this division which he or she or they would have received had that firefighter been acting under the immediate direction of his or her employer. Any injury, disability, or death incurred under the circumstances described in this section is deemed to have arisen out of and been sustained in the course of employment for purposes of workers’ compensation and all other benefits.

Section 3600.5 states that, if an employee who has been hired or is regularly working in the state receives personal injury by accident arising out of and in the course of employment outside of this state, he or she, or his or her dependents, in the case of his or her death, are entitled to compensation according to the law of this state.

Section 3600.6 provides that disaster service workers registered by a disaster council while performing services under the general direction of the disaster council are entitled to all of the same benefits of this division as any other injured employee, with exceptions.

Section 3600.8 specifies that no employee who voluntarily participates in an alternative commute program that is sponsored or mandated by a governmental entity is considered to be acting within the course of his or her employment while utilizing that program to travel to or from his or her place of employment, unless he or she is paid a regular wage or salary in compensation for those periods of travel.

Any alternative commute program provided, sponsored, or subsidized by an employee’s employer in order to comply with any trip reduction mandates of an air quality management district or local government is considered a program mandated by a governmental entity. coverage becoming effective.

Section 3601 explains that, where the conditions of compensation concur, the right to recover compensation, with exceptions, the exclusive remedy for injury or death of an employee against any other employee of the employer acting within the scope of his or her employment, except that an employee, or his or her dependents in the event of his or her death, has a right to bring an action at law for damages against the other employee, as if this division did not apply, in either of two specified cases.

Section 3602 states that, where the conditions of compensation concur, the right to recover compensation is, with exceptions, the sole and exclusive remedy of the employee or his or her dependents against the employer. The fact that either the employee or the employer also occupied another or dual capacity prior to, or at the time of, the employee’s industrial injury must not permit the employee or his or her dependents to bring an action at law for damages against the employer.

Section 3603 provides that payment of compensation in accordance with the order and direction of the appeals board discharges the employer from all claims.

Section 3604 specifies that it is not a defense to the State, any county, city, district or institution thereof, or any public or quasi-public corporation, that a person injured while rendering service for it was not lawfully employed by reason of the violation of any civil service or other law or regulation respecting the hiring of employees.

Section 3605 states that the compensation due an injured minor may be paid to him until his parent or guardian gives the employer or the latter’s compensation insurance carrier written notice that he claims compensation.