Attachments - Compensation Proceedings - Labor - CA

Section § 5600

This law allows the appeals board to request that a court order be issued to seize a defendant's property as security for paying compensation to an injured worker or their dependents. This can happen if the defendant may be sued without being notified directly, or if an employer hasn't obtained the required insurance for workplace injuries. The amount seized cannot exceed the estimated maximum award that the injured party may receive.

The appeals board may, upon the filing of an application by or on behalf of an injured employee, the employee’s dependents, or any other party in interest, direct the clerk of the superior court of any county to issue writs of attachment authorizing the sheriff to attach the property of the defendant as security for the payment of any compensation which may be awarded in any of the following cases:

(a) In any case mentioned in Section 415.50 of the Code of Civil Procedure.

(b) Where the employer has failed to secure the payment of compensation as required by Article 1 (commencing with Section 3700) of Chapter 4 of Part 1.

The attachment shall be in an amount fixed by the appeals board, not exceeding the greatest probable award against the defendant in the matter.

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Section § 5601

This law states that the rules from a specific part of the Code of Civil Procedure apply to attachment proceedings, with the appeals board acting in place of the court.

The provisions of Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure, as far as applicable, shall govern the proceedings upon attachment, the appeals board being substituted therein for the proper court.

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Section § 5602

This law states that a court order called a 'writ of attachment' can only be issued by the appeals board. However, if it's clear that the employer had liability insurance at the time of the employee's injury, the order won't be issued. Also, if it's found later that the employer was insured, the appeals board must cancel the attachment and may replace the employer with the insurance company as the party responsible in the case.

No writ of attachment shall be issued except upon the order of the appeals board. Such order shall not be made where it appears from the application or affidavit in support thereof that the employer was, at the time of the injury to the employee, insured against liability imposed by this division by any insurer. If, at any time after the levying of an attachment, it appears that such employer was so insured, and the requisites for dismissing the employer from the proceeding and substituting the insurer as defendant under any method prescribed by this division are established, the appeals board shall forthwith discharge the attachment.

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Section § 5603

When the court issues an attachment, which is essentially a legal claim on property for the purpose of ensuring that a debt is paid, it should prioritize the employer's real estate over other types of property.

In levying attachments preference shall be given to the real property of the employer.

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