California Labor Code 3743 – (a) Upon order of the director pursuant to Section 3701.5, the …
(a) Upon order of the director pursuant to Section 3701.5, the fund shall assume the workers’ compensation obligations of an insolvent self-insurer.
(b) Notwithstanding subdivision (a), the fund shall not be liable for the payment of any penalties assessed for any act or omission on the part of any person other than the fund, including, but not limited to, the penalties provided in Section 132a, 3706, 4553, 4554, 4556, 4557, 4558, 4601.5, 5814, or 5814.1.
Terms Used In California Labor Code 3743
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Director: means the Director of Industrial Relations. See California Labor Code 3741
- Fund: means the Self-Insurers' Security Fund established pursuant to Section 3742. See California Labor Code 3741
- Insolvent self-insurer: means a private self-insurer who has failed to pay compensation and whose security deposit has been called by the director pursuant to Section 3701. See California Labor Code 3741
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(c) The fund shall be a party in interest in all proceedings involving compensation claims against an insolvent self-insurer whose compensation obligations have been paid or assumed by the fund. The fund shall have the same rights and defenses as the insolvent self-insurer, including, but not limited to, all of the following:
(1) To appear, defend, and appeal claims.
(2) To receive notice of, investigate, adjust, compromise, settle, and pay claims.
(3) To investigate, handle, and deny claims.
(Added by Stats. 1984, Ch. 252, Sec. 5. Effective June 27, 1984.)