Seguros y GravámenesPregunta 1623 de 1632
A laborer cuts his hand on Monday and needs stitches. He files the DWC-1 claim form on Wednesday. The carrier has neither accepted nor rejected the claim. What must the employer do, and how far does its liability run?
a.Wait for the carrier's decision, because no treatment need be authorized while a claim is pending
b.Authorize treatment by Thursday, with liability limited to $10,000 until the claim is decided
c.Authorize treatment by Thursday, and carry the full cost of whatever medical care is ordered
d.Authorize treatment within 90 days, which is also the deadline for rejecting the claim outright
Explicación
Two clocks run from two different events. The employer had one working day from notice of the injury to hand the worker a claim form. Once the worker FILES that form, §5402(c) gives the employer one working day to authorize all treatment consistent with the applicable guidelines, so a Wednesday filing means Thursday. Liability for that treatment is limited to $10,000 until the claim is accepted or rejected — the money is spent before anyone decides the claim, which is the point of it. Ninety days is a different deadline: it is when an unrejected claim becomes presumed compensable.
Referencia Legal: Labor Code §5401(a); §5402(b), (c)Practica las 1632 preguntas gratis — sin registro.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Preguntas relacionadas de este tema
- The $25,000 figure most commonly associated with California contractor licensing is:
- SB 1455 (Stats. 2024, ch. 485) moved the date on which B&P §7125 requires every licensee, with or without employees, to carry workers' compensation. From what date does that requirement apply?
- Until January 1, 2028, which of these licensees, working alone with no employees, may file the exemption from workers' compensation instead of carrying a policy?
- A stop order is served on a contractor found employing six workers with no workers' compensation coverage. One of the six is later found to have a compensable injury from the uninsured period. Which assessments does Labor Code §3722 authorize?
- A carpenter is hurt when a scaffold plank he himself installed carelessly gives way. His employer carries workers' compensation. He now wants to sue that employer in court for negligent site maintenance. What is the position?
- An owner hired a registered professional engineer under a written contract to design a warehouse and obtained the building permit with those drawings, then shelved the project and never paid the fee. The owner still owns the site. May the engineer record a lien?
Última revisión: · proceso editorial
Equipo de PrepPass · Verificado con California CSLB Contractor License Law & Business Exam · Cómo revisamos
Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)