reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 101.5.

101.5. No fees shall be payable for the filing or recording of any document or paper in the performance of any official service by the Labor Commissioner. The amount ordinarily charged for such filing or recording shall be made a part of any judgment recovered by the Labor Commissioner and shall be paid by the Labor Commissioner if sufficient money is collected over and above the wages, penalties, or demands actually due the claimants.
(Amended by Stats. 1976, Ch. 1190.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 102.

102. The sheriff or marshal shall specify when the summons or process is returned, what costs he or she would ordinarily have been entitled to for such service, and those costs and the other regular court costs that would have accrued if the action was not by the Labor Commissioner shall be made a part of any judgment recovered by the Labor Commissioner and shall be paid by the Labor Commissioner if sufficient money is collected over and above the wages, penalties, or demands actually due the claimants.
(Amended by Stats. 1996, Ch. 872, Sec. 104. Effective January 1, 1997.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 103.

103. The Labor Commissioner shall, to the extent provided for by any reciprocal agreement entered into pursuant to Section 64, or by the laws of any other state, maintain actions in the courts of the other state for the collection of the claims for wages, judgments, and other demands and may assign the claims, judgments, and demands to the labor department or agency of the other state for collection to the extent that they may be permitted or provided for by the laws of that state or by reciprocal agreement.
(Amended by Stats. 1983, Ch. 142, Sec. 98.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 104.

104. The Labor Commissioner shall, upon the written request of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act for and on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the Labor Commissioner are authorized when arising in this state; provided, however, that such actions may be commenced and maintained only in those cases where such other state by appropriate legislation or by reciprocal agreement extends a like comity to cases arising in this state.
(Amended by Stats. 1976, Ch. 1190.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 105.

105. (a) The Labor Commissioner shall provide qualified bilingual persons in public contact positions or as interpreters to assist those in such positions to provide information and services in the language of a limited- or non-English-speaking person, with the primary effort being exerted towards the largest segments of the non-English-speaking persons in this state.
(b) The Labor Commissioner shall provide that an interpreter be present at all hearings and interviews where appropriate.
(c) The Labor Commissioner shall prepare and distribute to the public, through its local offices, materials explaining services available in non-English languages, as well as in English. In addition, the commissioner shall prepare and use written materials in non-English languages as well as in English for use by local offices if the local office serves a substantial number of non-English-speaking people, as defined in Section 7296.2 of the Government Code. The commissioner shall prepare and use such complaint processing forms and form letters in the language of non-English speaking people as the commissioner deems necessary and appropriate for the filing, investigation, and resolution of wage claims, giving due consideration to the rights and obligations of all parties. The commissioner may, from time to time, at his or her discretion, eliminate, modify, amend, or add to the complaint processing forms and form letters which are the subject of bilingual or multilingual treatment or application.
(Amended by Stats. 1984, Ch. 1089, Sec. 2.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 106.

106. (a) The Labor Commissioner may authorize an employee of any of the agencies that participate in the Joint Enforcement Strike Force on the Underground Economy, as defined in Section 329 of the Unemployment Insurance Code, to issue citations pursuant to Sections 226.4 and 1022 and issue and serve a penalty assessment order pursuant to subdivision (a) of Section 3722.
(b) No employees shall issue citations or penalty assessment orders pursuant to this section unless they have been specifically designated, authorized, and trained by the Labor Commissioner for this purpose. Appeals of all citations or penalty assessment orders shall follow the procedures prescribed in Section 226.5, 1023, or 3725, whichever is applicable.
(Amended by Stats. 2004, Ch. 685, Sec. 1. Effective January 1, 2005.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 107.

107. (a) The enforcement of Section 14110.65 of the Welfare and Institutions Code is vested with the State Department of Health Services.
(b) Any claim made under Section 14110.65 of the Welfare and Institutions Code shall not constitute a wage claim as provided in subdivision (a) of Section 96, and shall not be subject to this chapter.
(Added by Stats. 2002, Ch. 898, Sec. 18. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4.3 - Discrimination and Harassment Prevention in the Construction Industry › Section 107.5.

107.5. (a) The Division of Labor Standards Enforcement shall develop recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry. For purposes of this subdivision, “in the construction industry” means performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The training standard shall focus on preventing harassment and discrimination in the construction industry on the basis of sex, race, and national origin, in addition to the other categories protected under Section 12940 of the Government Code.
(b) To assist in developing this standard, the Director of Industrial Relations shall convene an advisory committee to recommend minimum standards for a harassment and discrimination prevention policy and training program specific to the construction industry. The advisory committee shall be composed of representatives from recognized or certified collective bargaining agents that represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts, and shall also include representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Civil Rights Department. The director shall convene the advisory committee no later than March 1, 2020. The advisory committee shall consider the requirements of Section 12950.1 of the Government Code when developing the recommended minimum standard.
(c) The Division of Labor Standards Enforcement shall provide a report to the Legislature by no later than January 1, 2021, in compliance with Section 9795 of the Government Code, with recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry and recommendations for legislation that would need to be enacted to implement such a standard.
(Amended by Stats. 2022, Ch. 48, Sec. 58. (SB 189) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4.4 - Women in Construction Priority Unit › Section 107.7.

107.7. For purposes of this chapter, all of the following definitions shall apply:
(a) “Department” means the Department of Industrial Relations.
(b) “Director” means the Director of Industrial Relations.
(c) “Unit” means the Women in Construction Priority Unit.
(Added by Stats. 2022, Ch. 67, Sec. 7. (SB 191) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4.4 - Women in Construction Priority Unit › Section 107.7.1.

107.7.1. (a) Upon appropriation by the Legislature, the department shall establish a Women in Construction Priority Unit, overseen by the director, to coordinate and help ensure collaboration across the department’s divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce.
(b) (1) Upon appropriation by the Legislature, to assist with the establishment of the unit, the director shall, by July 1, 2023, convene an advisory committee to make recommendations to advance the unit’s objectives.
(2) The advisory committee shall be composed of representatives from recognized or certified collective bargaining agents who represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts. The advisory committee shall also include representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Department of Fair Employment and Housing.
(Added by Stats. 2022, Ch. 67, Sec. 7. (SB 191) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4.4 - Women in Construction Priority Unit › Section 107.7.2.

107.7.2. The unit shall do all of the following:
(a) Assist and provide resources to women and nonbinary individuals, including, but not limited to, apprentices and journeypersons in the construction industry, including developing materials for employers and unions to promote the recruitment and retention of women and nonbinary individuals in construction, maintaining an internet website listing workers’ rights, developing training materials specific to women and nonbinary individuals to navigate health and safety and wage and hour laws, and leadership training to increase the upward mobility of women and nonbinary individuals in construction careers.
(b) Provide resources for employers and project owners, including public agencies, to improve construction worksite culture, address barriers to employment, develop training and materials for workforce pipeline professionals specific to women and nonbinary individuals in construction, and interagency training.
(c) Upon request by a state agency and approval by the Secretary of Labor and Workforce Development, establish interagency agreements that shall include the requirements in subdivisions (a) and (b) to promote the recruitment and retention of women and nonbinary individuals in construction.
(d) Notwithstanding Section 3100, preapprenticeship programs shall be eligible for resources provided under this chapter.
(Amended by Stats. 2023, Ch. 196, Sec. 17. (SB 143) Effective September 13, 2023.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4.5 - Electrician Certification › Section 108.3.

108.3. The Division of Labor Standards Enforcement shall do all of the following:
(a) Make information about electrician certification available in non-English languages spoken by a substantial number of construction workers, as defined in Section 7296.2 of the Government Code.
(b) Provide for the administration of certification tests in Spanish and, to the extent practicable, other non-English languages spoken by a substantial number of applicants, as defined in Section 7296.2 of the Government Code, except insofar as the ability to understand warning signs, instructions, and certain other information in English is necessary for safety reasons.
(c) Ensure, in conjunction with the California Apprenticeship Council, that all electrician apprenticeship programs approved under Chapter 4 (commencing with Section 3070) of Division 3 that impose minimum formal education requirements as a condition of entry provide for reasonable alternative means of satisfying those requirements.
(d) Ensure, in conjunction with the California Apprenticeship Council, that all electrician apprenticeship programs approved under Chapter 4 (commencing with Section 3070) of Division 3 have adopted reasonable procedures for granting credit toward a term of apprenticeship for other vocational training and on-the-job training experience.
(Added by Stats. 2012, Ch. 46, Sec. 79. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4.5 - Electrician Certification › Section 108.5.

108.5. (a) The Electrician Certification Fund is established as a special account in the State Treasury. Proceeds of the fund may be expended by the department, upon appropriation by the Legislature, for the costs of the Division of Labor Standards Enforcement program to validate and certify electricians as provided by Section 108, and shall not be used for any other purpose.
(b) The fund shall consist of the fees collected pursuant to Section 108.
(Added by Stats. 2012, Ch. 46, Sec. 79. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 110.

110. As used in this chapter:
(a) “Appeals board” means the Workers’ Compensation Appeals Board. The title of a member of the board is “commissioner.”
(b) “Administrative director” means the Administrative Director of the Division of Workers’ Compensation.
(c) “Division” means the Division of Workers’ Compensation.
(d) “Medical director” means the physician appointed by the administrative director pursuant to Section 122.
(e) “Qualified medical evaluator” means physicians appointed by the administrative director pursuant to Section 139.2.
(Amended by Stats. 2011, Ch. 559, Sec. 2. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 111.

111. The Workers’ Compensation Appeals Board, consisting of seven members, shall exercise all judicial powers vested in it under this code. In all other respects, the Division of Workers’ Compensation is under the control of the administrative director and, except as to those duties, powers, jurisdiction, responsibilities, and purposes as are specifically vested in the appeals board, the administrative director shall exercise the powers of the head of a department within the meaning of Article 1 (commencing with Section 11150) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code with respect to the Division of Workers’ Compensation which shall include supervision of, and responsibility for, personnel, and the coordination of the work of the division, except personnel of the appeals board.
(Amended by Stats. 2012, Ch. 728, Sec. 117. (SB 71) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 112.

112. The members of the appeals board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members appointed prior to January 1, 1990, shall be four years, and the term of office of members appointed on or after January 1, 1990, shall be six years and they shall hold office until the appointment and qualification of their successors.
Five of the members of the appeals board shall be experienced attorneys at law admitted to practice in the State of California. The other two members need not be attorneys at law. All members shall be selected with due consideration of their judicial temperament and abilities. Each member shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1990, Ch. 1550, Sec. 8.5.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 113.

113. The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairman at the pleasure of the Governor.
The chairman may designate in writing one of the other members of the appeals board to act as chairman during such time as he may be absent from the state on official business, on vacation, or absent due to illness.
(Repealed and added by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 115.

115. Actions of the appeals board shall be taken by decision of a majority of the appeals board except as otherwise expressly provided.
The chairman shall assign pending cases in which reconsideration is sought to any three members thereof for hearing, consideration and decision. Assignments by the chairman of members to such cases shall be rotated on a case-by-case basis with the composition of the members so assigned being varied and changed to assure that there shall never be a fixed and continued composition of members. Any such case assigned to any three members in which the finding, order, decision or award is made and filed by any two or more of such members shall be the action of the appeals board unless reconsideration is had in accordance with the provisions of Article 1 (commencing with Section 5900), Chapter 7, Part 4, Division 4 of this code. Any case assigned to three members shall be heard and decided only by them, unless the matter has been reassigned by the chairman on a majority vote of the appeals board to the appeals board as a whole in order to achieve uniformity of decision, or in cases presenting novel issues.
(Repealed and added by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 116.

116. The seal of the appeals board bearing the inscription “Workers’ Compensation Appeals Board, Seal” shall be affixed to all writs and authentications of copies of records and to such other instruments as the appeals board directs.
(Amended by Stats. 1981, Ch. 21, Sec. 4. Effective April 18, 1981.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 119.

119. The attorney shall:
(a) Represent and appear for the state and the Division of Workers’ Compensation and the appeals board in all actions and proceedings arising under any provision of this code administered by the division or under any order or act of the division or the appeals board and, if directed so to do, intervene, if possible, in any action or proceeding in which any such question is involved.
(b) Commence, prosecute, and expedite the final determination of all actions or proceedings, directed or authorized by the administrative director or the appeals board.
(c) Advise the administrative director and the appeals board and each member thereof, upon request, in regard to the jurisdiction, powers or duties of the administrative director, the appeals board and each member thereof.
(d) Generally perform the duties and services as attorney to the Division of Workers’ Compensation and the appeals board which are required of him or her.
(Amended by Stats. 1994, Ch. 1097, Sec. 6. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 121.

121. The chairman of the appeals board may authorize its secretary and any two assistant secretaries to act as deputy appeals board members and may delegate authority and duties to these deputies. Not more than three deputies may act as appeals board members at any one time. No act of any deputy shall be valid unless it is concurred in by at least one member of the appeals board.
(Amended by Stats. 1981, Ch. 1150, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 122.

122. The administrative director shall appoint a medical director who shall possess a physician’s and surgeon’s certificate granted under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. The medical director shall employ medical assistants who shall also possess physicians’ and surgeons’ certificates and other staff necessary to the performance of his or her duties. The salaries for the medical director and his or her assistants shall be fixed by the Department of Human Resources, commensurate with the salaries paid by private industry to medical directors and assistant medical directors.
(Amended by Stats. 2012, Ch. 665, Sec. 176. (SB 1308) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 123.

123. The administrative director may employ necessary assistants, officers, experts, statisticians, actuaries, accountants, workers’ compensation administrative law judges, stenographic shorthand reporters, legal secretaries, disability evaluation raters, program technicians, and other employees to implement new, efficient court management systems. The salaries of the workers’ compensation administrative law judges shall be fixed by the Department of Human Resources for a class of positions which perform judicial functions.
(Amended by Stats. 2012, Ch. 665, Sec. 177. (SB 1308) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 123.3.

123.3. Any official reporter employed by the administrative director shall render stenographic or clerical assistance as directed by the presiding workers’ compensation administrative law judge of the office to which the reporter is assigned, when the presiding workers’ compensation administrative law judge determines that the reporter is not engaged in the performance of any other duty imposed by law.
(Amended by Stats. 2002, Ch. 6, Sec. 26. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 123.5.

123.5. (a) Workers’ compensation administrative law judges employed by the administrative director shall be taken from an eligible list of attorneys licensed to practice law in this state, who have the qualifications prescribed by the State Personnel Board. In establishing eligible lists for this purpose, state civil service examinations shall be conducted in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). Every workers’ compensation judge shall maintain membership in the State Bar of California during his or her tenure.
A workers’ compensation administrative law judge may not receive his or her salary as a workers’ compensation administrative law judge while any cause before the workers’ compensation administrative law judge remains pending and undetermined for 90 days after it has been submitted for decision.
(b) All workers’ compensation administrative law judges appointed on or after January 1, 2003, shall be attorneys licensed to practice law in California for five or more years prior to their appointment and shall have experience in workers’ compensation law.
(Amended by Stats. 2011, Ch. 559, Sec. 3. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 123.6.

123.6. (a) All workers’ compensation administrative law judges employed by the administrative director shall subscribe to the Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution for the conduct of judges and shall not otherwise, directly or indirectly, engage in conduct contrary to that code or to the commentary to the Code of Judicial Ethics.
In consultation with the Commission on Judicial Performance, the administrative director shall adopt regulations to enforce this section. To the extent possible, the rules shall be consistent with the procedures established by the Commission on Judicial Performance for regulating the activities of state judges, and, to the extent possible, with the gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(b) Honoraria or travel allowed by the administrative director, and not otherwise prohibited by this section in connection with any public or private conference, convention, meeting, social event, or like gathering, the cost of which is significantly paid for by attorneys who practice before the board, may not be accepted unless the administrative director has provided prior approval in writing to the workers’ compensation administrative law judge allowing him or her to accept those payments.
(Amended by Stats. 2011, Ch. 559, Sec. 4. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 123.7.

123.7. The appeals board may, by rule or regulation, establish procedures whereby attorneys who are either certified specialists in workers’ compensation by the California State Bar, or are eligible for this certification, may be appointed by the presiding workers’ compensation judge of each board office to serve as a pro tempore workers’ compensation judge in a particular case, upon the stipulation of the employee or his or her representative, and the employer or the insurance carrier. Service in this capacity by an attorney shall be voluntary and without pay. It is the intent of the Legislature that the use of pro tempore workers’ compensation judges pursuant to this section shall not result in a reduction of the number of permanent civil service employees or the number of authorized full-time equivalent positions.
(Amended by Stats. 1985, Ch. 326, Sec. 6.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 124.

124. (a) In administering and enforcing this division and Division 4 (commencing with Section 3200), the division shall protect the interests of injured workers who are entitled to the timely provision of compensation.
(b) Forms and notices required to be given to employees by the division shall be in English and Spanish.
(c) In addition to the requirement in subdivision (b), no later than January 1, 2018, the department and the division shall make at least the following forms, notices, and materials available in Chinese, Korean, Tagalog, and Vietnamese:
(1) The workers’ compensation claim form required pursuant to Section 5401.
(2) The application for the Return-to-Work Supplement Program authorized pursuant to Section 139.48.
(3) Supplemental Job Displacement Non-Transferable Voucher.
(4) Division of Workers’ Compensation fact sheets distributed to injured workers, including, but not limited to, those addressing the following topics:
(A) Temporary disability.
(B) Permanent disability.
(C) Qualified medical evaluators.
(D) Uninsured Employers Benefits Trust Fund.
(E) Utilization review.
(F) Basic facts on workers’ compensation.
(G) Glossary of terms in workers’ compensation.
(d) (1) Commencing January 1, 2018, the Administrative Director shall annually review the forms, notices, and materials that are published and distributed by the division to injured workers and recommend to the division any other documents that should be translated into languages other than English pursuant to subdivisions (b) and (c).
(2) Commencing January 1, 2018, and annually thereafter, the department and the division shall submit the recommendations and any translated documents to the Legislature.
(Amended by Stats. 2015, Ch. 515, Sec. 1. (AB 438) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 125.

125. The administrative director shall cause to be printed and furnished free of charge to any person blank forms that may facilitate or promote the efficient performance of the duties of the Division of Workers’ Compensation.
(Amended by Stats. 1994, Ch. 146, Sec. 139. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 126.

126. The Division of Workers’ Compensation, including the administrative director and the appeals board, shall keep minutes of all their proceedings and other books or records requisite for proper and efficient administration. All records shall be kept in their respective offices.
(Amended by Stats. 1994, Ch. 146, Sec. 140. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 127.

127. The administrative director may do all of the following:
(a) Charge and collect fees for copies of papers and records, for certified copies of official documents and orders or of the evidence taken or proceedings had, for transcripts of testimony, and for inspection of case files not stored in the place where the inspection is requested. The administrative director shall fix those fees in an amount sufficient to recover the actual costs of furnishing the services. No fees for inspection of case files shall be charged to an injured employee or his or her representative.
(b) Publish and distribute from time to time, in addition to the reports to the Governor, further reports and pamphlets covering the operations, proceedings, and matters relative to the work of the division.
(c) Prepare, publish, and distribute an office manual, for which a reasonable fee may be charged, and to which additions, deletions, amendments, and other changes from time to time may be adopted, published, and distributed, for which a reasonable fee may be charged for the revision, or for which a reasonable fee may be fixed on an annual subscription basis.
(d) Fix and collect reasonable charges for publications issued.
(Amended by Stats. 2011, Ch. 559, Sec. 5. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 127.1.

127.1. (a) The administrative director, with input from the Commission on Health and Safety and Workers’ Compensation, shall issue a report to the Legislature, on or before January 1, 2023, comparing potential payment alternatives for providers to the official medical fee schedule, including, but not limited to, capitation, bundled payments, quality incentives, and value-based payment systems.
(b) The report shall address advantages and disadvantages of each alternative payment system to the official medical fee schedule and make recommendations to the Legislature on alternative payment pilot programs.
(c) The report shall be submitted in compliance with Section 9795 of the Government Code. The requirement for submitting a report imposed by this section shall be inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(Added by Stats. 2019, Ch. 647, Sec. 1. (SB 537) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 128.

128. The appeals board may accept appointment as deputy commissioner under, or any delegation of authority to enforce, the United States Longshoremen’s and Harbor Worker’s Compensation Act. The appeals board may enter into arrangements with the United States, subject to the approval of the Department of Finance, for the payment of any expenses incurred in the performance of services under said act. In the performance of any duties under said act, appointment, or authority, the appeals board may, subject to the provisions thereof, exercise any authority conferred upon the appeals board by the laws of this state.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 130.

130. The appeals board and each of its members, its secretary, assistant secretaries, and workers’ compensation judges, may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state.
(Amended by Stats. 1985, Ch. 326, Sec. 8.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 131.

131. Each witness who appears by order of the appeals board or any of its members, or a workers’ compensation judge, shall receive, if demanded, for his or her attendance the same fees and mileage allowed by law to a witness in civil cases, paid by the party at whose request the witness is subpoenaed, unless otherwise ordered by the appeals board. When any witness who has not been required to attend at the request of any party is subpoenaed by the appeals board, his or her fees and mileage may be paid from the funds appropriated for the use of the appeals board in the same manner as other expenses of the appeals board are paid. Any witness subpoenaed, except one whose fees and mileage are paid from the funds of the appeals board, may, at the time of service, demand the fee to which he or she is entitled for travel to and from the place at which he or she is required to appear, and one day’s attendance. If a witness demands his or her fees at the time of service, and they are not at that time paid or tendered, he or she shall not be required to attend as directed in the subpoena. All fees and mileage to which any witness is entitled under this section may be collected by action therefor instituted by the person to whom the fees are payable.
(Amended by Stats. 1985, Ch. 326, Sec. 9.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 132.

132. The superior court in and for the county in which any proceeding is held by the appeals board or a workers’ compensation judge may compel the attendance of witnesses, the giving of testimony and the production of papers, including books, accounts, and documents, as required by any subpoena regularly issued hereunder. In case of the refusal of any witness to obey the subpoena the appeals board or the workers’ compensation judge, before whom the testimony is to be given or produced, may report to the superior court in and for the county in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of the witness, or the production of the papers, that the witness has been subpoenaed in the prescribed manner, and that the witness has failed and refused to obey the subpoena, or has refused to answer questions propounded to him or her in the course of the proceeding, and ask an order of the court, compelling the witness to attend and testify or produce the papers before the appeals board. The court shall thereupon enter an order directing the witness to appear before the court at a time and place fixed in the order, the time to be not more than 10 days from the date of the order, and then and there show cause why he or she had not attended and testified or produced the papers before the appeals board or the workers’ compensation judge. A copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued hereunder and that the witness was legally bound to comply therewith, the court shall thereupon enter an order that the witness appear before the appeals board or the workers’ compensation judge at a time and place fixed in the order, and testify or produce the required papers, and upon failure to obey the order, the witness shall be dealt with as for contempt of court. The remedy provided in this section is cumulative, and shall not impair or interfere with the power of the appeals board or a member thereof to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record.
(Amended by Stats. 1985, Ch. 326, Sec. 10.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 133.

133. The Division of Workers’ Compensation, including the administrative director and the appeals board, shall have power and jurisdiction to do all things necessary or convenient in the exercise of any power or jurisdiction conferred upon it under this code.
(Amended by Stats. 2011, Ch. 559, Sec. 7. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 134.

134. The appeals board or any member thereof may issue writs or summons, warrants of attachment, warrants of commitment and all necessary process in proceedings for contempt, in like manner and to the same extent as courts of record. The process issued by the appeals board or any member thereof shall extend to all parts of the state and may be served by any persons authorized to serve process of courts of record or by any person designated for that purpose by the appeals board or any member thereof. The person executing process shall receive compensation allowed by the appeals board, not to exceed the fees prescribed by law for similar services. Such fees shall be paid in the same manner as provided herein for the fees of witnesses.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 135.

135. In accordance with rules of practice and procedure that it may adopt, the appeals board may, with the approval of the Secretary of State, destroy or otherwise dispose of any file kept by it in connection with any proceeding under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100).
(Amended by Stats. 2014, Ch. 28, Sec. 61. (SB 854) Effective June 20, 2014.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 138.

138. The administrative director may appoint a deputy to act when he or she is absent from the state due to official business, vacation, or illness.
(Amended by Stats. 2011, Ch. 559, Sec. 8. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 138.1.

138.1. The administrative director shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure of the Governor. He or she shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2011, Ch. 559, Sec. 9. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 138.2.

138.2. (a) The headquarters of the Division of Workers’ Compensation shall be based at and operated from a centrally located city.
The administrative director shall have an office in that city with suitable rooms, necessary office furniture, stationery, and supplies, and may rent quarters in other places for the purpose of establishing branch or service offices, and for that purpose may provide those offices with necessary furniture, stationery, and supplies.
(b) The administrative director shall provide suitable rooms, with necessary office furniture, stationery, and supplies, for the appeals board at the centrally located city in which the board shall be based and from which it shall operate, and may rent quarters in other places for the purpose of establishing branch or service offices for the appeals board, and for that purpose may provide those offices with necessary furniture, stationery, and supplies.
(c) All meetings held by the administrative director shall be open and public. Notice thereof shall be published in papers of general circulation not more than 30 days and not less than 10 days prior to each meeting in Sacramento, San Francisco, Fresno, Los Angeles, and San Diego. Written notice of all meetings shall be given to all persons who request, in writing directed to the administrative director, that they be given notice.
(Amended by Stats. 2011, Ch. 559, Sec. 10. (AB 1426) Effective October 7, 2011.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 138.3.

138.3. The administrative director shall, with respect to all injuries, prescribe, pursuant to Section 5402, reasonable rules and regulations requiring the employer to serve notice on the injured employee that he may be entitled to benefits under this division.
(Added by Stats. 1975, Ch. 1099.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 138.5.

138.5. The Division of Workers’ Compensation shall cooperate in the enforcement of child support obligations. At the request of the Department of Child Support Services, the administrative director shall assist in providing to the State Department of Child Support Services information concerning persons who are receiving permanent disability benefits or who have filed an application for adjudication of a claim which the Department of Child Support Services determines is necessary to carry out its responsibilities pursuant to Section 17510 of the Family Code.
The process of sharing information with regard to applicants for and recipients of permanent disability benefits required by this section shall be known as the Workers’ Compensation Notification Project.
(Amended by Stats. 2000, Ch. 808, Sec. 110. Effective September 28, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 138.8.

138.8. (a) On or before January 1, 2024, and annually thereafter, the administrative director shall publish on the division’s internet website provider utilization data, as reported to the Division of Workers’ Compensation, for physicians who treated 10 or more injured workers during the 12 months before July 1 of the previous year. The provider utilization data shall include all of the following:
(1) The physician’s first and last name.
(2) The physician’s specialty.
(3) The physician’s National Provider Identifier.
(4) The number of injured workers treated by the physician.
(5) The International Statistical Classification of Diseases and Related Health Problems, 10th revision (ICD-10) codes by both diagnosis and procedure.
(6) A short description of the ICD-10 codes used by the physician.
(7) The number of utilization review decisions that resulted in a modification or denial of a request for authorization of medical treatment based upon a determination of medical necessity.
(8) The number of independent medical review decisions issued in response to an appeal of a utilization review decision that resulted in a modification or denial based upon medical necessity and the number of independent medical review decisions that resulted in the utilization review modification or denial being overturned.
(9) Any additional data as determined by the administrative director.
(b) For purposes of this section, “physician” has the same meaning as set forth in Section 3209.3.
(c) The administrative director may withhold data contained in subdivision (a) if deemed necessary to protect patient privacy.
(Added by Stats. 2019, Ch. 647, Sec. 3. (SB 537) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 139.4.

139.4. (a) The administrative director may review advertising copy to ensure compliance with Section 651 of the Business and Professions Code and may require qualified medical evaluators to maintain a file of all advertising copy for a period of 90 days from the date of its use. Any file so required to be maintained shall be available to the administrative director upon the administrative director’s request for review.
(b) No advertising copy shall be used after its use has been disapproved by the administrative director and the qualified medical evaluator has been notified in writing of the disapproval.
(c) A qualified medical evaluator who is found by the administrative director to have violated any provision of this section may be terminated, suspended, or placed on probation.
(d) Proceedings to determine whether a violation of this section has occurred shall be conducted pursuant to Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.
(e) The administrative director shall adopt regulations governing advertising by physicians with respect to industrial injuries or illnesses.
(f) Subdivision (a) shall not be construed to alter the application of Section 651 of the Business and Professions Code.
(Amended by Stats. 2003, Ch. 639, Sec. 13. Effective January 1, 2004.)