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 11 
 on: January 12, 2017, 03:55:43 PM 
Started by beancounter - Last post by beancounter
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Camp Tawonga, Tawonga Jewish Community Corporation, CDI File No. AHB-WCA-07-10, Effective
08/27/2008

Classification 9048(1) applies to the entire payroll of employees who perform camp activities at a camp facility and also perform clerical office functions at a location separate from the camp during a policy period. In such cases, payroll cannot be divided between Classifications 9048(1) and 8810(1), Clerical Office Employees.

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 12 
 on: January 12, 2017, 03:51:03 PM 
Started by beancounter - Last post by beancounter
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Pali Mountain Institute, CDI File No. AHB-WCA-04-103, Effective 08/30/2006

Classification 9048(1) applies to firms that operate overnight camps for children during the summer months, conduct short-term overnight education programs for children during the school year, and provide conference facilities with sleeping accommodations and meals to groups that use the facilities for conferences or retreats on weekends.

 13 
 on: January 12, 2017, 03:41:41 PM 
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UPM Global, LLC., CDI File No. ALB-WCA-08-29, Effective 04/10/2009
.
Classification 8740(2) applies to property asset managers only if the employer (1) retains managers who directly supervise employees engaged in the operation, maintenance or care of commercial properties; or (2) subcontracts all operation, maintenance or care of commercial properties to separate concerns.  If the employer retains employees to operate, maintain or care for commercial properties and there is no intermediate level of supervision between the property asset manager and employees conducting the work, Classification 9009 applies to the property asset manager even if the property asset manager does not direct the day-to-day activities of the employees who operate, maintain or care for the commercial properties.

 14 
 on: January 12, 2017, 03:33:44 PM 
Started by beancounter - Last post by beancounter
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Royal T Management, Inc., CDI File No. AHB-WCA-02-25
, Effective 05/09/2003 Classification 9011 applies to all employees who reside at any apartment or condominium complex operated by the employer.  Classification 9011 even applies to resident employees who do not reside at the apartment or condominium complex where they work.

 15 
 on: December 14, 2016, 03:45:08 PM 
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The Department of Industrial Relations (DIR) Division of Workers' Compensation provides a SUMMARY OF SIGNIFICANT DECISIONS IN CALIFORNIA WORKERS’ COMPENSATION LAW FOR THE YEAR or CASE LAW UPDATE at their annual educational conferences.  Here are the summaries for the following years:

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2014

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2013

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2012

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February 2009 to January 2010

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2006

 16 
 on: November 02, 2016, 10:11:50 AM 
Started by Santa Rosa Ins Broker - Last post by Santa Rosa Ins Broker
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YCooper111,

Most laws take effect the first of the year following the approval process.  Most carriers are starting to notify their insureds of this change. It sounds like most if not all of the carriers will be requiring an Exclusion Letter to be completed and kept on file.

State Fund has been using an Exclusion Letter for years.


 17 
 on: October 28, 2016, 11:26:07 AM 
Started by ycooper111 - Last post by ycooper111
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Thank you so much for this clarification! but I do have a quick question and please forgive me if this is a dumb question but if the bill was approved and filed on 08/26/16 why is the effective 01/01/17? 

 18 
 on: September 19, 2016, 12:41:24 PM 
Started by beancounter - Last post by beancounter
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Classification Research Reports Archive
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 19 
 on: September 19, 2016, 12:40:07 PM 
Started by beancounter - Last post by beancounter
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 20 
 on: August 31, 2016, 06:08:30 PM 
Started by beancounter - Last post by beancounter
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According to the analyses of the bill:

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06/20/16- Senate Labor And Industrial Relations
:
Under current law, nearly all employees must be covered through either a workers’ compensation insurance policy or a recognized self-insurance certificate.  However, there are some limited exceptions to this rule.  One example is officers and members of a board of directors of a private corporation or managing partners or general partners of a LLC.  In those cases, the individual workers can elect to not be covered by the employer’s workers’ compensation policy. 

However, the existing election process to opt out of coverage is not very clear.  Beyond one limited statutory reference and very little regulatory guidance, insurers and LLCs are left to figure it out for themselves.  You must login to view links.
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The Association of California Insurance Companies (ACIC)
, one of the supporters of this bill, argues that this lack of clarity has led to abuses that have hurt injured workers and driven fraudulent activity. 

AB 2883 seeks to address this challenge by specifying, in the case of an officer or member of the board of directors, that he or she must own at least 15% of the stock of the corporation in order to opt out of workers’ compensation coverage, as well as sign a waiver stating that the individual is a qualifying officer or member.  Similarly, AB 2883 also requires a general partner of a partnership or a managing member of a LLC to execute a waiver to opt out of workers’ compensation coverage.

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08/12/16- Assembly Floor Analysis
:
The law allows officers and owners to opt out of workers' compensation coverage.  The premise is that as key personnel of the company, these people who meet the definition of employee are not necessarily in the class of employee who need the protection of the coverage mandate.  If it makes more sense for these employees to opt out, then they should have that discretion.  However, current law has resulted in abuses.  For example, after a policy period where no losses have occurred, some companies have claimed that numerous employees were not supposed to be covered, and thereby retroactively reduced the premium owed.  More perniciously, some employers were describing janitors as "vice president of sanitation services" or similar designations, thereby denying legitimate employees of workers' compensation protection.  This bill cures these issues.

Therefore, from 1/1/2017 forward, there can never be more than six people excluded.  To get around this, some might establish additional combinable entities to expand the number of employees to exclude.

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