Cal. Lab. Code § 3600 (WC)

Cal. Lab. Code § 3600 – Workers’ Compensation

3600.  (a) Liability for the compensation provided by this division,

in lieu of any other liability whatsoever to any person except as

otherwise specifically provided in Sections 3602, 3706, and 4558,

shall, 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 following

conditions of compensation concur:

   (1) Where, at the time of the injury, both the employer and the

employee are subject to the compensation provisions of this division.

   (2) Where, at the time of the injury, the employee is performing

service growing out of and incidental to his or her employment and is

acting within the course of his or her employment.

   (3) Where the injury is proximately caused by the employment,

either with or without negligence.

   (4) Where the injury is not caused by the intoxication, by alcohol

or the unlawful use of a controlled substance, of the injured

employee. As used in this paragraph, "controlled substance" shall

have the same meaning as prescribed in Section 11007 of the Health

and Safety Code.

   (5) Where the injury is not intentionally self-inflicted.

   (6) Where the employee has not willfully and deliberately caused

his or her own death.

   (7) Where the injury does not arise out of an altercation in which

the injured employee is the initial physical aggressor.

   (8) Where the injury is not caused by the commission of a felony,

or a crime which is punishable as specified in subdivision (b) of

Section 17 of the Penal Code, by the injured employee, for which he

or she has been convicted.

   (9) Where the injury does not arise out of voluntary participation

in any off-duty recreational, social, or athletic activity not

constituting part of the employee's work-related duties, except where

these activities are a reasonable expectancy of, or are expressly or

impliedly required by, the employment. The administrative director

shall promulgate reasonable rules and regulations requiring employers

to post and keep posted in a conspicuous place or places a notice

advising employees of the provisions of this subdivision. Failure of

the employer to post the notice shall not constitute an expression of

intent to waive the provisions of this subdivision.

   (10) Except for psychiatric injuries governed by subdivision (e)

of Section 3208.3, where the claim for compensation is filed after

notice of termination or layoff, including voluntary layoff, and the

claim is for an injury occurring prior to the time of notice of

termination or layoff, no compensation shall be paid unless the

employee demonstrates by a preponderance of the evidence that one or

more of the following conditions apply:

   (A) The employer has notice of the injury, as provided under

Chapter 2 (commencing with Section 5400), prior to the notice of

termination or layoff.

   (B) The employee's medical records, existing prior to the notice

of termination or layoff, contain evidence of the injury.

   (C) The date of injury, as specified in Section 5411, is

subsequent to the date of the notice of termination or layoff, but

prior to the effective date of the termination or layoff.

   (D) The date of injury, as specified in Section 5412, is

subsequent to the date of the notice of termination or layoff.

   For purposes of this paragraph, an employee provided notice

pursuant to Sections 44948.5, 44949, 44951, 44955, 72411, 87740, and

87743 of the Education Code shall be considered to have been provided

a notice of termination or layoff only upon a district's final

decision not to reemploy that person.

   A notice of termination or layoff that is not followed within 60

days by that termination or layoff shall not be subject to the

provisions of this paragraph, and this paragraph shall not apply

until receipt of a later notice of termination or layoff. The

issuance of frequent notices of termination or layoff to an employee

shall be considered a bad faith personnel action and shall make this

paragraph inapplicable to the employee.

   (b) 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 set forth in subdivision (b) of

Section 3602 and Section 4558, the compensation paid under this

division shall be credited against the judgment or settlement, and

the employer shall be 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.

   (c) For purposes of determining whether to grant or deny a workers'

compensation claim, if an employee is injured or killed by a third

party in the course of the employee's employment, no personal

relationship or personal connection shall be deemed to exist between

the employee and the third party based only on a determination that

the third party injured or killed the employee solely because of the

third party's personal beliefs relating to his or her perception of

the employee's race, religious creed, color, national origin, age,

disability, sex, gender, gender identity, gender expression, or

sexual orientation.