Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) $50 Penalty Assessment Order. This order,
issued pursuant to Labor Code Section 3711 shall contain the following
information:
(1) The employer has failed to
furnish a written statement to the Division stating the name of his workers'
compensation insurance carrier.
(2)
Failure to furnish such statement within ten (10) days constitutes prima facie
evidence of the employer's neglect or failure to comply with the coverage
requirements of the law.
(3) The
employer, by virtue of the Order, is assessed a penalty of fifty ($50) dollars
for such failure.
(4) The correct
name and legal entity of the employer, the employer's address, the date, the
place of issuance, the signature and the name of the official who issues the
order.
(5) The appeal procedure for
objecting to this penalty assessment order.
(6) The procedure used by the Division to
obtain a judgment against the employer, should he fail to pay the
assessment.
(b) $100
Non-Injury Penalty Assessment Order. The order, issued pursuant to Labor Code
Section 3710.1 shall contain the following information:
(1) The employer has been found to be without
the required workers' compensation insurance.
(2) The employer, by virtue of the Order, is
assessed a penalty of one hundred ($100) dollars per employee employed at the
time the Order is issued for failure to have workers' compensation
coverage.
(3) The correct name and
legal entity of the employer, the employer's address, the date, the time, the
place of issuance, the signature and the name of the official who issued the
Order.
(4) The appeal procedure for
objecting to the Penalty Assessment Order.
(5) The procedure used by the Division to
obtain a judgment against the employer, should he fail to pay the
assessment.
(c) $100
Injury-related Penalty Assessment Order. The order, issued pursuant to Labor
Code Section 3710.1 shall contain the following information:
(1) The Workers' Compensation Appeals Board
has found the employer to be uninsured in a claimed injury and that such injury
is noncompensable.
(2) The
employer, by virtue of the Order, is assessed a penalty of one hundred ($100)
dollars employee employed on the date of such claimed injury.
(3) The correct name and legal entity of the
employer, the employer's address, the date, the place of issuance, the
signature and the name of the official who issued the Order.
(4) The appeal procedure for objecting to the
Order.
(5) The procedure used by
the Division to obtain a judgment against the employer, should he fail to pay
the assessment.
(d) $500
Injury-related Penalty Assessment Order. The Order issued pursuant to Labor
Code Section 3722 shall contain the following information:
(1) The Workers' Compensation Appeals Board
has found the employer to be uninsured and the claimed injury
compensable.
(2) The employer, by
virtue of the Order, is assessed a penalty of five hundred ($500) dollars per
employee employed on the date of injury.
(3) The correct name and legal entity of the
employer, the employer's address, the date, the place of issuance, the
signature and the name of the official who issued the Order.
(4) The appeal procedure for objecting to the
Order.
(5) The procedure used by
the Division to obtain a judgment against the employer, should he fail to pay
the assessment.
Note: Authority cited: Sections
55 and
3710, Labor Code. Reference:
Sections 3700,
3710, 3710.1, 3710.2, 3711, 3712,
3713, 3714, 3718, 3722, 3723, 3725, 3726 and 3727, Labor
Code.
