Section 3716.2 Of Article 2. Uninsured Employers Fund From California Labor Code >> Division 4. >> Part 1. >> Chapter 4. >> Article 2.
3716.2
. Notwithstanding the precise elements of an award of
compensation benefits, and notwithstanding the claim and demand for
payment being made therefor to the director, the director, as
administrator of the Uninsured Employers Fund, shall pay the claimant
only such benefits allowed, recognizing proper liens thereon, that
would have accrued against an employer properly insured for workers'
compensation liability. The Uninsured Employers Fund shall not be
liable for any penalties or for the payment of interest on any
awards. However, in civil suits by the director to enforce payment of
an award, including procedures pursuant to Section 3717, the total
amount of the award, including interest, other penalties, and
attorney's fees granted by the award, shall be sought. Recovery by
the director, in a civil suit or by other means, of awarded benefits
in excess of amounts paid to the claimant by the Uninsured Employers
Fund shall be paid over to the injured employee or his
representative, as the case may be.