Bulletin No November 19, 2014

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1 WCIRB Bulletin Bulletin No November 19, Market Street, Suite 800 San Francisco, CA Fax Assembly Bill No and Amendments to Employers Liability Coverage Amendatory Endorsement California (WC A) On October 1, 2014, the WCIRB issued Bulletin No , Summary of 2014 California Legislation Bills Signed by the Governor, and advised that the WCIRB was still evaluating the impact of Assembly Bill No (AB 1897) and would provide additional information regarding the bill in a subsequent Bulletin. The WCIRB has now completed its evaluation. AB 1897 adds California Labor Code Section effective January 1, Subject to some exceptions 1, this bill provides that a client employer 2 to a labor contracting agreement shares with the labor contractor 3 all civil responsibility and civil liability for the payment of wages and the failure to obtain workers compensation coverage for all workers supplied by that labor contractor to the client employer. This bill also prohibits the client employer from shifting to the labor contractor legal duties or responsibilities under workplace safety provisions with respect to the workers supplied by the labor contractor. In response to AB 1897, the WCIRB proposed amendments to the Employers Liability Coverage Amendatory Endorsement, which the Insurance Commissioner approved. In addition, the WCIRB would like to remind insurers regarding the availability of the previously approved standard form Employee Insured by General Employer Excluded Endorsement (WC ). Amendments to Employers Liability Coverage Amendatory Endorsement (WC A) The Insurance Commissioner has approved amendments to Employers Liability Coverage Amendatory Endorsement California (WC B). The form was amended to avoid potential duplicate workers compensation and employers liability claims as a result of the passage of AB The revised Employers Liability Coverage Amendatory Endorsement form excludes any liability arising from Labor Code Section from the Employers Liability Insurance portion of a California workers compensation policy. For your ease of reference, two copies of the captioned endorsement form are attached. One copy identifies the deletions (stricken) and additions (underscored), and the other is in final form. As with any Standard Form, an insurer may file this form with the WCIRB and may use it after receiving the WCIRB s notification to the Commissioner indicating that the insurer intends to use the form. When filing a Standard Form with the WCIRB, each insurer must submit a single original copy of the Standard Form, a letter requesting authorization to use the form, and a self-addressed stamped envelope. Affiliated insurers must each make a separate filing. 1 See Labor Code Sections (a)(1)(b), (a)(3)(a), (a)(3)(b), (a)(3)(c), (a)(3)(d), (a)(5), (n), (o) and (p). 2 As defined in added Labor Code Section (a) (1) (A) and (a) (1) (B). 3 As defined in added Labor Code Section (a) (3) Workers Compensation Insurance Rating Bureau of California. All Rights Reserved. See for more information.

2 Bulletin No November 19, 2014 THE ATTACHED FORM IS ADVISORY ONLY AND INSURERS ARE THEREFORE NOT OBLIGATED OR REQUIRED TO USE IT. Insurers that choose not to use this Standard Form may, but are not obligated to, prepare their own form. Insurers choosing to prepare their own form must submit it in triplicate to the WCIRB along with a Document Submission Formset, for transmission to, and approval by, the Insurance Commissioner before using the form. Employee Insured by General Employer Excluded Endorsement (WC ) This form is a limiting and restricting endorsement that excludes liability the special employer (client employer) may have for an employee who is not on the special employer s payroll at the time of injury if the special employer has entered into a valid and enforceable agreement pursuant to California Labor Code Section 3602(d) with the employee s general employer (labor contractor) under which the general employer agrees to secure the payment of workers compensation for such employee and the general employer has obtained workers compensation coverage for the employee. This form was approved by the Insurance Commissioner as a Standard Form on June 2, 2006 (see WCIRB Bulletin No ). A copy of WC and WCIRB Bulletin No may be viewed in the Publications and Filings section of the WCIRB website ( Attachments: Policy Form WC B (with strikeouts) Policy Form WC B (final version) 2

3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC AB (Ed ) EMPLOYERS LIABILITY COVERAGE AMENDATORY ENDORSEMENT CALIFORNIA The insurance afforded by Part Two (Employers Liability Insurance) by reason of designation of California in item 3 of the information page is subject to the following provisions: A. How This Insurance Applies, is amended to read as follows: A. How This Insurance Applies This employers liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury means a physical injury, including resulting death. 1. The bodily injury must arise out of and in the course of the injured employee s employment by you. 2. The employment must be necessary or incidental to your work in California. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. 5. If you are sued, the original suit and any related legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada. C. The Exclusions section is modified as follows (all other exclusions in the Exclusions section remain as is): 1. Exclusion 1 is amended to read as follows: 1. liability assumed under a contract. 2. Exclusion 2 is deleted. 3. Exclusion 7 is amended to read as follows: 7. damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, termination of employment, or any personnel practices, policies, acts or omissions. 4. The following exclusions are added: 1. bodily injury to any member of the flying crew of any aircraft. 2. bodily injury to an employee when you are deprived of statutory or common law defenses or are subject to penalty because of your failure to secure your obligations under the workers compensation law(s) applicable to you or otherwise fail to comply with that law. 3. liability arising from California Labor Code Section which relates to labor contracting. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By

4 Notes: 1. This endorsement may be used to amend policy form WC BC (Ed ).

5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC B (Ed ) EMPLOYERS LIABILITY COVERAGE AMENDATORY ENDORSEMENT CALIFORNIA The insurance afforded by Part Two (Employers Liability Insurance) by reason of designation of California in item 3 of the information page is subject to the following provisions: A. How This Insurance Applies, is amended to read as follows: A. How This Insurance Applies This employers liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury means a physical injury, including resulting death. 1. The bodily injury must arise out of and in the course of the injured employee s employment by you. 2. The employment must be necessary or incidental to your work in California. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. 5. If you are sued, the original suit and any related legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada. C. The Exclusions section is modified as follows (all other exclusions in the Exclusions section remain as is): 1. Exclusion 1 is amended to read as follows: 1. liability assumed under a contract. 2. Exclusion 2 is deleted. 3. Exclusion 7 is amended to read as follows: 7. damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, termination of employment, or any personnel practices, policies, acts or omissions. 4. The following exclusions are added: 1. bodily injury to any member of the flying crew of any aircraft. 2. bodily injury to an employee when you are deprived of statutory or common law defenses or are subject to penalty because of your failure to secure your obligations under the workers compensation law(s) applicable to you or otherwise fail to comply with that law. 3. liability arising from California Labor Code Section which relates to labor contracting. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By

6 Notes: 1. This endorsement may be used to amend policy form WC C (Ed ).

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