reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5802.

5802. If, in any proceeding under this division, it is proved that an injury has been suffered for which the employer would be liable to pay compensation if disability had resulted therefrom, but it is not proved that any disability has resulted, the appeals board may, instead of dismissing the application, award a nominal disability indemnity, if it appears that disability is likely to result at a future time.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5803.

5803. The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of this division, and the decisions and orders of the rehabilitation unit established under Section 139.5. At any time, upon notice and after an opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor.
This power includes the right to review, grant or regrant, diminish, increase, or terminate, within the limits prescribed by this division, any compensation awarded, upon the grounds that the disability of the person in whose favor the award was made has either recurred, increased, diminished, or terminated.
(Amended by Stats. 1982, Ch. 922, Sec. 16.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5803.5.

5803.5. Any conviction pursuant to Section 1871.4 of the Insurance Code that materially affects the basis of any order, decision, or award of the appeals board shall be sufficient grounds for a reconsideration of that order, decision, or award.
(Added by Stats. 1991, Ch. 116, Sec. 33.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5804.

5804. No award of compensation shall be rescinded, altered, or amended after five years from the date of the injury except upon a petition by a party in interest filed within such five years and any counterpetition seeking other relief filed by the adverse party within 30 days of the original petition raising issues in addition to those raised by such original petition. Provided, however, that after an award has been made finding that there was employment and the time to petition for a rehearing or reconsideration or review has expired or such petition if made has been determined, the appeals board upon a petition to reopen shall not have the power to find that there was no employment.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5805.

5805. Any order, decision, or award rescinding, altering or amending a prior order, decision, or award shall have the effect herein provided for original orders, decisions, and awards.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5806.

5806. Any party affected thereby may file a certified copy of the findings and order, decision, or award of the appeals board with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity therewith. The words “any party affected thereby” include the Uninsured Employers Fund. In any case in which the findings and order, decision, or award of the appeals board is against an employer that has failed to secure the payment of compensation, the State of California on behalf of the Uninsured Employers Fund shall be entitled to have judgment entered not only against the employer, but also against any person found to be parents or substantial shareholders under Section 3717.
(Amended by Stats. 1992, Ch. 1226, Sec. 4. Effective January 1, 1993.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5807.

5807. The certified copy of the findings and order, decision, or award of the appeals board and a copy of the judgment constitute the judgment-roll. The pleadings, all orders of the appeals board, its original findings and order, decision, or award, and all other papers and documents filed in the cause shall remain on file in the office of the appeals board.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5808.

5808. The appeals board or a member thereof may stay the execution of any judgment entered upon an order, decision, or award of the appeals board, upon good cause appearing therefor and may impose the terms and conditions of the stay of execution. A certified copy of such order shall be filed with the clerk entering judgment. Where it is desirable to stay the enforcement of an order, decision, or award and a certified copy thereof and of the findings has not been issued, the appeals board or a member thereof may order the certified copy to be withheld with the same force and under the same conditions as it might issue a stay of execution if the certified copy had been issued and judgment entered thereon.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5809.

5809. When a judgment is satisfied in fact, otherwise than upon an execution, the appeals board may, upon motion of either party or of its own motion, order the entry of satisfaction of the judgment. The clerk shall enter satisfaction of judgment only upon the filing of a certified copy of such order.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5810.

5810. The orders, findings, decisions, or awards of the appeals board made and entered under this division may be reviewed by the courts specified in Sections 5950 to 5956 within the time and in the manner therein specified and not otherwise.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5811.

5811. (a) No fees shall be charged by the clerk of any court for the performance of any official service required by this division, except for the docketing of awards as judgments and for certified copies of transcripts thereof. In all proceedings under this division before the appeals board, costs as between the parties may be allowed by the appeals board.
(b) (1) It shall be the responsibility of any party producing a witness requiring an interpreter to arrange for the presence of a qualified interpreter.
(2) A qualified interpreter is a language interpreter who is certified, or deemed certified, pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code. The duty of an interpreter is to accurately and impartially translate oral communications and transliterate written materials, and not to act as an agent or advocate. An interpreter shall not disclose to any person who is not an immediate participant in the communications the content of the conversations or documents that the interpreter has interpreted or transliterated unless the disclosure is compelled by court order. An attempt by any party or attorney to obtain disclosure is a bad faith tactic that is subject to Section 5813.
Interpreter fees that are reasonably, actually, and necessarily incurred shall be paid by the employer under this section, provided they are in accordance with the fee schedule adopted by the administrative director.
A qualified interpreter may render services during the following:
(A) A deposition.
(B) An appeals board hearing.
(C) A medical treatment appointment or medical-legal examination.
(D) During those settings which the administrative director determines are reasonably necessary to ascertain the validity or extent of injury to an employee who does not proficiently speak or understand the English language.
(c) The administrative director shall promulgate regulations establishing criteria to verify the identity and credentials of individuals who provide interpreter services in all necessary settings and proceedings within the workers’ compensation system. Those regulations shall be adopted no later than January 1, 2018.
(Amended by Stats. 2016, Ch. 868, Sec. 12. (SB 1160) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5813.

5813. (a) The workers’ compensation referee or appeals board may order a party, the party’s attorney, or both, to pay any reasonable expenses, including attorney’s fees and costs, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. In addition, a workers’ compensation referee or the appeals board, in its sole discretion, may order additional sanctions not to exceed two thousand five hundred dollars ($2,500) to be transmitted to the General Fund.
(b) The determination of sanctions shall be made after written application by the party seeking sanctions or upon the appeal board’s own motion.
(c) This section shall apply to all applications for adjudication that are filed on or after January 1, 1994.
(Amended by Stats. 1993, Ch. 1242, Sec. 41. Effective January 1, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5814.

5814. (a) When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused shall be increased up to 25 percent or up to ten thousand dollars ($10,000), whichever is less. In any proceeding under this section, the appeals board shall use its discretion to accomplish a fair balance and substantial justice between the parties.
(b) If a potential violation of this section is discovered by the employer prior to an employee claiming a penalty under this section, the employer, within 90 days of the date of the discovery, may pay a self-imposed penalty in the amount of 10 percent of the amount of the payment unreasonably delayed or refused, along with the amount of the payment delayed or refused. This self-imposed penalty shall be in lieu of the penalty in subdivision (a).
(c) Upon the approval of a compromise and release, findings and awards, or stipulations and orders by the appeals board, it shall be conclusively presumed that any accrued claims for penalty have been resolved, regardless of whether a petition for penalty has been filed, unless the claim for penalty is expressly excluded by the terms of the order or award. Upon the submission of any issue for determination at a regular trial hearing, it shall be conclusively presumed that any accrued claim for penalty in connection with the benefit at issue has been resolved, regardless of whether a petition for penalty has been filed, unless the issue of penalty is also submitted or is expressly excluded in the statement of issues being submitted.
(d) The payment of any increased award pursuant to subdivision (a) shall be reduced by any amount paid under subdivision (d) of Section 4650 on the same unreasonably delayed or refused benefit payment.
(e) No unreasonable delay in the provision of medical treatment shall be found when the treatment has been authorized by the employer in a timely manner and the only dispute concerns payment of a billing submitted by a physician or medical provider as provided in Section 4603.2.
(f) Nothing in this section shall be construed to create a civil cause of action.
(g) Notwithstanding any other provision of law, no action may be brought to recover penalties that may be awarded under this section more than two years from the date the payment of compensation was due.
(h) This section shall apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of this section.
(i) This section shall become operative on June 1, 2004.
(Repealed (in Sec. 42) and added by Stats. 2004, Ch. 34, Sec. 43. Effective April 19, 2004. Section operative June 1, 2004, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5814.1.

5814.1. When the payment of compensation has been unreasonably delayed or refused prior to the issuance of an award, and the director has provided discretionary compensation pursuant to Section 4903.3, the appeals board shall award to the director a penalty to be paid by the employer in the amount of 10 percent of the compensation so provided by the director, such penalty to be in addition to the penalty imposed by Section 5814. The question of delay and the reasonableness of the cause therefor shall be determined by the appeals board in accordance with the facts.
(Added by Stats. 1981, Ch. 894, Sec. 10.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5814.3.

5814.3. (a) Notwithstanding Section 5814, when liability has been unreasonably rejected for claims of injury or illness as defined in Sections 3212 to 3213.2, inclusive, the amount of the penalty shall be five times the amount of the benefits unreasonably delayed due to the rejection of liability, but in no case shall the penalty exceed fifty thousand dollars ($50,000). The question of rejection and the reasonableness of the cause shall be determined by the appeals board in accordance with the facts.
(b) Penalties issued pursuant to this section shall be reported to the audit unit within the Division of Workers’ Compensation.
(c) This section shall apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of this section.
(Added by renumbering Section 5414.3 by Stats. 2023, Ch. 131, Sec. 145. (AB 1754) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5814.5.

5814.5. When the payment of compensation has been unreasonably delayed or refused subsequent to the issuance of an award by an employer that has secured the payment of compensation pursuant to Section 3700, the appeals board shall, in addition to increasing the order, decision, or award pursuant to Section 5814, award reasonable attorneys’ fees incurred in enforcing the payment of compensation awarded.
(Amended by Stats. 2002, Ch. 6, Sec. 82. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5814.6.

5814.6. (a) Any employer or insurer that knowingly violates Section 5814 with a frequency that indicates a general business practice is liable for administrative penalties of not to exceed four hundred thousand dollars ($400,000). Penalty payments shall be imposed by the administrative director and deposited into the Return-to-Work Fund established pursuant to Section 139.48.
(b) The administrative director may impose a penalty under either this section or subdivision (e) of Section 129.5.
(c) This section shall become operative on June 1, 2004.
(Added by Stats. 2004, Ch. 34, Sec. 44. Effective April 19, 2004. Section operative June 1, 2004, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5815.

5815. Every order, decision or award, other than an order merely appointing a trustee or guardian, shall contain a determination of all issues presented for determination by the appeals board prior thereto and not theretofore determined. Any issue not so determined will be deemed decided adversely as to the party in whose interest such issue was raised.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 6 - Findings and Awards › Section 5816.

5816. A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.
(Added by Stats. 1995, Ch. 158, Sec. 3. Effective January 1, 1996.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5900.

5900. (a) Any person aggrieved directly or indirectly by any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge under any provision contained in this division, may petition the appeals board for reconsideration in respect to any matters determined or covered by the final order, decision, or award, and specified in the petition for reconsideration. The petition shall be made only within the time and in the manner specified in this chapter.
(b) At any time within 60 days after the filing of an order, decision, or award made by a workers’ compensation judge and the accompanying report, the appeals board may, on its own motion, grant reconsideration.
(Amended by Stats. 1985, Ch. 326, Sec. 27.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5901.

5901. No cause of action arising out of any final order, decision or award made and filed by the appeals board or a workers’ compensation judge shall accrue in any court to any person until and unless the appeals board on its own motion sets aside the final order, decision, or award and removes the proceeding to itself or if the person files a petition for reconsideration, and the reconsideration is granted or denied. Nothing herein contained shall prevent the enforcement of any final order, decision, or award, in the manner provided in this division.
(Amended by Stats. 1985, Ch. 326, Sec. 28.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5902.

5902. The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers’ compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof.
(Amended by Stats. 1985, Ch. 326, Sec. 29.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5903.

5903. At any time within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge granting or denying compensation, or arising out of or incidental thereto, any person aggrieved thereby may petition for reconsideration upon one or more of the following grounds and no other:
(a) That by the order, decision, or award made and filed by the appeals board or the workers’ compensation judge, the appeals board acted without or in excess of its powers.
(b) That the order, decision, or award was procured by fraud.
(c) That the evidence does not justify the findings of fact.
(d) That the petitioner has discovered new evidence material to him or her, which he or she could not, with reasonable diligence, have discovered and produced at the hearing.
(e) That the findings of fact do not support the order, decision, or award.
Nothing contained in this section shall limit the grant of continuing jurisdiction contained in Sections 5803 to 5805, inclusive.
(Amended by Stats. 1985, Ch. 326, Sec. 30.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5904.

5904. The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the reconsideration is sought other than those set forth in the petition for reconsideration.
(Amended by Stats. 1951, Ch. 778.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5905.

5905. A copy of the petition for reconsideration shall be served forthwith upon all adverse parties by the person petitioning for reconsideration. Any adverse party may file an answer thereto within 10 days thereafter. Such answer shall likewise be verified. The appeals board may require the petition for reconsideration to be served on other persons designated by it.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5906.

5906. Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further proceedings and with or without notice affirm, rescind, alter, or amend the order, decision, or award made and filed by the appeals board or the workers’ compensation judge on the basis of the evidence previously submitted in the case, or may grant reconsideration and direct the taking of additional evidence. Notice of the time and place of any hearing on reconsideration shall be given to the petitioner and adverse parties and to other persons as the appeals board orders.
(Amended by Stats. 1985, Ch. 326, Sec. 31.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5907.

5907. If, at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony, the appeals board may affirm, rescind, alter, or amend the order, decision, or award made and filed by the appeals board or the workers’ compensation judge and may, without further proceedings, without notice, and without setting a time and place for further hearing, enter its findings, order, decision, or award based upon the record in the case.
(Amended by Stats. 2006, Ch. 538, Sec. 492. Effective January 1, 2007.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5908.

5908. (a) After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order, decision, or award. An order, decision, or award made following reconsideration which affirms, rescinds, alters, or amends the original order, decision, or award shall be made by the appeals board but shall not affect any right or the enforcement of any right arising from or by virtue of the original order, decision, or award, unless so ordered by the appeals board.
(b) In any case where the appeals board rescinds or reduces an order, decision, or award on the grounds specified in paragraph (b) of Section 5903, the appeals board shall refer the case to the Bureau of Fraudulent Claims pursuant to Article 4 (commencing with Section 12990) of Chapter 2 of Division 3 of the Insurance Code, if the employer is insured, or to the district attorney of the county in which the fraud occurred if the employer is self-insured.
(Amended by Stats. 1989, Ch. 892, Sec. 54.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5908.5.

5908.5. Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings, order, decision, or award following reconsideration shall be made by the appeals board and not by a workers’ compensation judge and shall be in writing, signed by a majority of the appeals board members assigned thereto, and shall state the evidence relied upon and specify in detail the reasons for the decision.
The requirements of this section shall in no way be construed so as to broaden the scope of judicial review as provided for in Article 2 (commencing with Section 5950) of this chapter.
(Amended by Stats. 1985, Ch. 326, Sec. 33.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5909.

5909. A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date of filing.
(Amended by Stats. 1992, Ch. 1226, Sec. 5. Effective January 1, 1993.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5910.

5910. The filing of a petition for reconsideration shall suspend for a period of 10 days the order, decision, or award affected, insofar as it applies to the parties to the petition, unless otherwise ordered by the appeals board. The appeals board upon the terms and conditions which it by order directs, may stay, suspend, or postpone the order, decision, or award during the pendency of the reconsideration.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 1 - Reconsideration › Section 5911.

5911. Nothing contained in this article shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting reconsideration of an original order, decision, or award made and filed by the appeals board within the same time specified for reconsideration of an original order, decision, or award.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 2 - Judicial Review › Section 5950.

5950. Any person affected by an order, decision, or award of the appeals board may, within the time limit specified in this section, apply to the Supreme Court or to the court of appeal for the appellate district in which he resides, for a writ of review, for the purpose of inquiring into and determining the lawfulness of the original order, decision, or award or of the order, decision, or award following reconsideration. The application for writ of review must be made within 45 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeal board’s own motion, within 45 days after the filing of the order, decision, or award following reconsideration.
(Amended by Stats. 1978, Ch. 661.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 2 - Judicial Review › Section 5951.

5951. The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its record in the case to the court within the time therein specified. No new or additional evidence shall be introduced in such court, but the cause shall be heard on the record of the appeals board, as certified to by it.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 2 - Judicial Review › Section 5952.

5952. The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether:
(a) The appeals board acted without or in excess of its powers.
(b) The order, decision, or award was procured by fraud.
(c) The order, decision, or award was unreasonable.
(d) The order, decision, or award was not supported by substantial evidence.
(e) If findings of fact are made, such findings of fact support the order, decision, or award under review.
Nothing in this section shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 2 - Judicial Review › Section 5953.

5953. The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall include ultimate facts and the findings and conclusions of the appeals board. The appeals board and each party to the action or proceeding before the appeals board shall have the right to appear in the review proceeding. Upon the hearing, the court shall enter judgment either affirming or annulling the order, decision, or award, or the court may remand the case for further proceedings before the appeals board.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 2 - Judicial Review › Section 5954.

5954. The provisions of the Code of Civil Procedure relating to writs of review shall, so far as applicable, apply to proceedings in the courts under the provisions of this article. A copy of every pleading filed pursuant to the terms of this article shall be served on the appeals board and upon every party who entered an appearance in the action before the appeals board and whose interest therein is adverse to the party filing such pleading.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 2 - Judicial Review › Section 5955.

5955. No court of this state, except the Supreme Court and the courts of appeal to the extent herein specified, has jurisdiction to review, reverse, correct, or annul any order, rule, decision, or award of the appeals board, or to suspend or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the appeals board in the performance of its duties but a writ of mandate shall lie from the Supreme Court or a court of appeal in all proper cases.
(Amended by Stats. 1967, Ch. 17.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 2 - Judicial Review › Section 5956.

5956. The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, decision, or award of the appeals board, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order, decision, or award of the appeals board subject to review, upon the terms and conditions which it by order directs, except as provided in Article 3 of this chapter.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 3 - Undertaking on Stay Order › Section 6000.

6000. The operation of any order, decision, or award of the appeals board under the provisions of this division or any judgment entered thereon, shall not at any time be stayed by the court to which petition is made for a writ of review, unless an undertaking is executed on the part of the petitioner.
(Amended by Stats. 1982, Ch. 517, Sec. 310.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 3 - Undertaking on Stay Order › Section 6001.

6001. The undertaking shall provide that:
(a) The petitioner and sureties are bound in double the amount named in such order, decision, or award.
(b) If the order, decision, or award appealed from, or any part thereof, is affirmed, or the proceeding upon review is dismissed, the petitioner will pay the amount directed to be paid by the order, decision, or award or the part of such amount as to which the order, decision, or award is affirmed, and all damages and costs which are awarded against the petitioner.
(c) If the petitioner does not make such payment within 30 days after the filing with the appeals board of the remittitur from the reviewing court, judgment in favor of the adverse party may be entered on motion of the adverse party, and the undertaking shall apply to any judgment entered thereon. Such judgment may be entered in any superior court in which a certified copy of the order, decision, or award is filed, against the sureties for such amount, together with interest that is due thereon, and the damages and costs which are awarded against the petitioner. The provisions of the Code of Civil Procedure, except insofar as they are inconsistent with this division, are applicable to the undertaking.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 4 - COMPENSATION PROCEEDINGS › CHAPTER 7 - Reconsideration and Judicial Review › ARTICLE 3 - Undertaking on Stay Order › Section 6002.

6002. The undertaking shall be filed with the appeals board. The certificate of the appeals board, or any proper officer thereof, of the filing and approval of such undertaking, is sufficient evidence of the compliance of the petitioner with the provisions of this article.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 1 - General Provisions › Section 6100.

6100. The purpose of this division is to effect economy, efficiency, and continuity in the public service by providing means for increasing the willingness of competent persons to assume the risk of injuries or death in State employment and for restoring experienced employees to productive work at the earliest possible moment following injury in the course of and arising out of State employment, irrespective of fault, in circumstances which make the injury or resulting death noncompensable under the provisions of Division 4 of this code.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 1 - General Provisions › Section 6101.

6101. Unless the context otherwise requires, as used in this division:
(a) “State agency” means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California.
(b) “Fund” means State Compensation Insurance Fund.
(c) “Appeals board” means the Workers’ Compensation Appeals Board.
(Amended by Stats. 1981, Ch. 21, Sec. 11. Effective April 18, 1981.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 2 - Direct Payments › Section 6110.

6110. Any State agency may, by appropriate action, undertake to provide hospitalization, medical treatment and indemnity, including death benefits, to its employees and to their dependents for injury or death suffered from accident, irrespective of fault, occurring in the course of and arising out of the employment with such State agency, where the injury or death is not compensable under the provisions of Division 4 of this code.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 2 - Direct Payments › Section 6111.

6111. The State Compensation Insurance Fund may enter into a master agreement with the State Department of Finance to render services in accordance with the agreement in the adjustment and disposition of claims against any State agency arising under this chapter.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 2 - Direct Payments › Section 6114.

6114. The agreement shall provide that the State agency whose officer or employee is a claimant shall reimburse the fund for the expenditures and for the actual cost of services rendered.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 2 - Direct Payments › Section 6115.

6115. The fund may in its own name, or in the name of the State agency for which services are performed, do any and all things necessary to recover on behalf of the State agency any and all amounts which an employer might recover from third persons under Chapter 5 of Part 1 of Division 4 of this code, or which an insurer might recover pursuant to Section 11662 of the Insurance Code, including the rights to commence and prosecute actions or to intervene in other court proceedings, or to compromise claims before or after commencement of suit.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 3 - Insurance › Section 6130.

6130. In lieu of direct payments pursuant to Chapter 2 of this division, any State agency may obtain by insurance from the State Compensation Insurance Fund, if the fund accepts the risk when the application for insurance is made, otherwise from any other insurer, hospitalization, medical treatment, and indemnity, including death benefits, on behalf of its employees and of their dependents for injury or death suffered from accident, irrespective of fault, occurring in the course of and arising out of the employment with such State agency, where the injury or death is not compensable under the provisions of Division 4 of this code.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 3 - Insurance › Section 6131.

6131. The premium for such insurance shall be a proper charge against any moneys appropriated for the support of or expenditure by such State agency. In case such State agency is supported by or authorized to expend moneys appropriated out of more than one fund, it may, with the approval of the Director of Finance, determine the proportion of such premium to be paid out of each such fund.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6140.

6140. The hospitalization, medical treatment, and indemnity, including death benefits, provided pursuant to this division shall be the same as provided by Division 4 of this code for employees entitled to the benefits of that division.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6141.

6141. Except as otherwise provided in this chapter, the provisions of Division 4 of this code, relating to benefits, procedure, and limitations, and all other provisions of that division, so far as they are consistent with the intent and purpose of this division, are made a part hereof the same as if set forth herein verbatim.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6142.

6142. The provisions of Sections 3212, 3212.5, 3361, 4458, and 4800 to 4855, inclusive, of this code, as well as of other sections of Division 4 of this code, which are restrictive to particular persons or occupations, are excepted from this division and its operation.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6143.

6143. The appeals board is vested with all power not inconsistent with Article VI of the Constitution of the State of California to hear and determine any dispute or matter arising out of an obligation under this division to provide directly, or through the medium of insurance, benefits identical with those prescribed by Division 4 of this code, with such limitations as are authorized, in the case of insurance, by Section 11657 of the Insurance Code.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6144.

6144. The appeals board may try and determine controversies under this division referred to it by the parties under the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when such controversies are submitted to it by the signed agreement of the parties, or by the application of one party and the submission of the other to its jurisdiction, with or without an express request for arbitration.
(Amended by Stats. 1977, Ch. 579.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6145.

6145. The state, acting by or through any state agency, or when the consent of the opposing party is obtained, shall submit to the appeals board all controversies under this division susceptible of being arbitrated.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6146.

6146. In acting as arbitrator, the appeals board has all the powers which it has in compensation cases, and its findings and award upon an arbitration have the same conclusiveness and are subject to the same mode of reopening, review, and enforcement as in compensation cases.
No fee or cost shall be charged by the appeals board for acting as arbitrator.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6147.

6147. No state agency, either directly or through its adjusting agency, the State Compensation Insurance Fund, shall pay or provide any benefit authorized by this division unless and until the claimant makes and delivers to such state agency or to the fund an agreement in writing that if he, or his dependents in the event of his death, elects or elect to bring suit against the state with respect to the injury or death, except an action before the appeals board pursuant to the provisions of this division, or an action against the state for damages resulting from the negligence of an employee of another state agency, he or they will allow, and take all proper measures to effect, a credit to the reasonable value of all benefits which he or they have received under the provisions of this division, deductible from any verdict or judgment obtained in such suit, and from the date of commencement of suit will forego further benefits under this division.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6148.

6148. The insurer, when insurance exists, shall not pay or provide any benefit authorized by this division unless and until the claimant makes and delivers to the insurer an agreement in writing that if he, or his dependents in the event of his death, elects or elect to bring suit against the state or the insurer with respect to the injury or death, except an action before the appeals board pursuant to the provisions of this division, or an action against the state for damages resulting from the negligence of an employee of another state agency, he or they will allow, and take all proper measures to effect, a credit to the reasonable value of all benefits which he or they have received under the provisions of this division, deductible from any verdict or judgment obtained in such suit, and from the date of commencement of suit will forego further benefits under such insurance.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4.5 - WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED › CHAPTER 4 - Benefits and Procedure › Section 6149.

6149. Nothing shall preclude an employee from negotiating the agreement mentioned in Sections 6147 and 6148 prior to the occurrence of injury.
(Added by Stats. 1943, Ch. 45.)
2023 California Code › Labor Code - LAB › DIVISION 4.7 - RETRAINING AND REHABILITATION › Section 6200.

6200. Every public agency, its insurance carrier, and the State Department of Rehabilitation shall jointly formulate procedures for the selection and orderly referral of injured full-time public employees who may be benefited by rehabilitation services and retrained for other positions in public service. The State Department of Rehabilitation shall cooperate in both designing and monitoring results of rehabilitation programs for the disabled employees. The primary purpose of this division is to encourage public agencies to reemploy their injured employees in suitable and gainful employment.
(Added by Stats. 1971, Ch. 1506.)