Labor Employment Law Blog

Generally, employers are required under the California Labor Code to carry workers' compensation insurance to pay for any work-related injuries to their employees.  Employers who do not carry such insurance may be liable to the employee for his or her injuries, as well as for penalties and other sanctions for failing to carry workers' compensation insurance.  There is an exception under the Labor Code (the "Owner Exemption") for workers who are hired by the owner or occupant of a residential dwelling to perform work that is "incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, or occupation of the owner or occupant."  Under such circumstances, the owner is not liable to a worker for his or her injuries if the worker worked less than 52 hours or earned less than $100 from the owner in the 90 days preceding the injury.

On April 19, 2004, Governor Arnold Schwarzenegger signed Senate Bill 899, enacting emergency legislation to reform California's workers' compensation system. Recently a California appeals court ruled that this emergency legislation, and particularly the apportionment provisions of this legislation, can be applied in workers' compensation cases that are not yet final. Marsh v. Workers' Compensation Appeals Board.