Glossary

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dating or engagement relationship

(See Family Code Section 6210)

Means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.





death benefits
Benefits paid to surviving dependents if a work-related injury or illness results in death within five years.



decibel (dBA)
Unit of measurement of sound level. Some examples of sounds in the range of 80 - 90 decibels are a blender, handsaw, heavy traffic or a noisy restaurant.



declaration of readiness (DOR or DR)
A form to request a hearing before a workers' compensation administrative law judge to resolve a dispute.



defendant
The employer or his/her representative, usually the insurance company.



deposition
A formal session in which an attorney asks questions of a party under oath. It is the equivalent of testifying at a trial. The testimony is recorded by a court reporter and may be used as evidence in a trial situation.



determination and order (D&O)
A decision by the rehabilitation unit on a vocational rehabilitation dispute.



disability evaluation unit (DEU)
A unit within the state Division of Workers' Compensation that calculates the percent of permanent disability based upon the medical reports.



discrimination claims (Labor Code 132a)
A petition filed because your employer has discharged you or otherwise discriminated against you because of your industrial injury.



discriminatory/retaliatory act

An act and/or action, or series of acts and/or actions taken by an employer against an employee that adversely affects the employee in some aspect of his or her employment as a result of the employee exercising a protected right, engaging in a protected activity, or because the employee falls within a particular category specifically protected by law. An example of a discriminatory/retaliatory act would be an employer discharging an employee because he or she filed a wage claim against their employer with the labor commissioner's office.

In order to establish a prima facie case, the employee must show:

  1. That he or she engaged in a protected activity;
  2. That the employer took some adverse action against him or her; and
  3. That there exists a causal connection or nexus between the engaging in the protected activity and the employer's taking of the adverse action.

"Engaged in protected activity" means the engaging in or exercising of a right that is protected by law. Some examples of "protected activity" under the Labor Code include:

  • Filing or threatening to file a claim or complaint with the labor commissioner
  • Taking time off from work to serve on a jury or appear as a witness in court
  • Disclosing or discussing your wages
  • Using or attempting to use sick leave to attend to the illness of a child, parent, spouse, domestic partner, or child of the domestic partner of the employee
  • Engaging in political activity of your choice
  • For complaining about safety or health conditions or practices




Division of Labor Standards Enforcement (DLSE)
A program within the Department of Industrial Relations with jurisdiction to enforce the state's labor laws governing minimum wage, rest and meal periods, child labor, workers' compensation and some of its laws prohibiting discrimination.



Division of Occupational Safety and Health (DOSH)
The Division of Occupational Safety and Health - which contains the Cal/OSHA program --protects workers and the public from safety hazards by enforcing California's occupational and public safety laws and providing information and consultation to employers, workers and the public about workplace and public safety matters.



Division of Workers' Compensation (DWC)
The state program that oversees the California workers' compensation system.



document request sheet
Cal/OSHA inspectors use the document request sheet to ask that the employer provide documents not available while inspectors are at the worksite.