If the Director of Industrial Relations determines that a private self-insured ER has failed to pay required benefits, what may the Director do?

• A. Refer the issue of non-payment to the Superior Ct for a Write of Mandate.
• B. Refer the issue of non-payment to the WCAB.
• C. Utilize the self-insured security deposit to administer and pay the ER's obligations.
• D. Utilize the self-insured security deposit if the Self-Insurers' Security Fund refuses to pay benefits.

Answer: (B)

When a private self-insured employer is found to have failed to pay required workers’ compensation benefits, enforcement is handled through the Workers’ Compensation Appeals Board. The Director of Industrial Relations may refer the issue to the WCAB so the board can formally adjudicate the non-payment and compel payment, potentially with penalties or other enforcement actions. A writ of mandamus would not be the typical route here, since it’s aimed at forcing a government body to act rather than compelling private employers to pay benefits. The self-insured security deposit and the Self-Insurers' Security Fund are backstop provisions to guarantee payment, not the immediate mechanism to collect benefits in ongoing disputes. Relying on the WCAB provides the proper, specialized process to ensure those benefits are paid.