reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 11 - Asbestos Workers Account › ARTICLE 3 - Collections › Section 4412.

4412. The Asbestos Workers’ Account shall take all reasonable and appropriate action to insure that recovery is made by the account for all moneys paid as compensation benefits and as costs.
In the event that the responsible employer is uninsured, the account shall not be entitled to reimbursement from the Uninsured Employers Fund.
(Added by Stats. 1980, Ch. 1041. Provisions inoperative January 1, 1989, as prescribed in Section 4418.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 11 - Asbestos Workers Account › ARTICLE 3 - Collections › Section 4413.

4413. No limitation of time provided by this division shall run against the Asbestos Workers’ Account to initiate proceedings before the Workers’ Compensation Appeals Board when the account has made any payment of moneys, incurred any costs for services, or encumbered any liability of the account.
(Amended by Stats. 1982, Ch. 454, Sec. 138. Provisions inoperative January 1, 1989, as prescribed in Section 4418.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 11 - Asbestos Workers Account › ARTICLE 3 - Collections › Section 4414.

4414. Immediately following the receipt of knowledge of initiation of proceedings before the Workers’ Compensation Appeals Board, or any other jurisdiction providing benefits for the same injury, the Asbestos Workers’ Account shall file a lien and may invoke such other remedies as are available to recover moneys expended for compensation benefits.
(Added by Stats. 1980, Ch. 1041. Provisions inoperative January 1, 1989, as prescribed in Section 4418.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 11 - Asbestos Workers Account › ARTICLE 3 - Collections › Section 4415.

4415. In any hearing or proceeding, the Director of Industrial Relations may use attorneys from within the department, or the Attorney General, to represent the director and the state.
(Added by Stats. 1980, Ch. 1041. Provisions inoperative January 1, 1989, as prescribed in Section 4418.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 11 - Asbestos Workers Account › ARTICLE 3 - Collections › Section 4416.

4416. Once an agreement as to the responsible employer is reached, or a decision is issued by the Workers’ Compensation Appeals Board and becomes final, the Asbestos Workers’ Account shall notify the responsible employer or insurance carrier of the amount of payment necessary to satisfy the lien in full. Full payment of the lien shall be made by the responsible employer or insurance carrier within 30 days of the issue of such notification. The account may grant a reasonable extension of time for payment of the lien beyond 30 days. This payment shall be for all moneys expended for compensation benefits, and for all recoverable costs including the cost of independent medical examination and all costs reasonably incidental thereto, including, but not limited to, costs of transportation, hospitalization, consultative evaluation, X-rays, laboratory tests, and other diagnostic procedures. The payment shall bear interest, as provided in Section 5800, from the date of the agreement or decision through the date of payment.
The lien of the Asbestos Workers’ Account shall be allowed as a first lien against compensation, and shall have priority over all other liens. The lien of the Asbestos Workers’ Account may not be reduced by the Workers’ Compensation Appeals Board or by the parties unless express written consent to the proposed reduction of the lien is given by the Asbestos Workers’ Account and is filed in the record of proceedings before the Workers’ Compensation Appeals Board.
(Added by Stats. 1980, Ch. 1041. Provisions inoperative January 1, 1989, as prescribed in Section 4418.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 11 - Asbestos Workers Account › ARTICLE 3 - Collections › Section 4417.

4417. Nothing in this chapter shall be construed to preclude the filing by an asbestos worker of a claim or suit for damages or indemnity against any person other than his or her employer. The Asbestos Workers’ Account shall be entitled to recover from, and shall have a first lien against, any amount which is recoverable by the injured employee pursuant to civil judgment or settlement in relation to a claim for damages or indemnity for the effect of exposure to asbestos, for all compensation benefits paid to the injured employee by the Asbestos Workers’ Account which have not previously been recovered from the responsible employer or employers by the Asbestos Workers’ Account. Recovery by the Asbestos Workers’ Account pursuant to the provisions of this section shall not have the effect of extinguishing or diminishing the liability of the responsible employer or employers to the injured employee for compensation payable under the provisions of this division.
(Added by Stats. 1980, Ch. 1041. Provisions inoperative January 1, 1989, as prescribed in Section 4418.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 1 - SCOPE AND OPERATION › CHAPTER 11 - Asbestos Workers Account › ARTICLE 3 - Collections › Section 4418.

4418. The provisions of this chapter providing for the payment of workers’ compensation asbestos workers’ benefits from the Asbestos Workers’ Account shall be operative only until January 1, 1989, and as of that date all payments from the fund shall be terminated, and the state shall have no further obligation to pay asbestos workers’ benefits, unless a later enacted statute which is chaptered before January 1, 1989, deletes or extends that date. However, if no statute is enacted to delete or extend that date prior to January 1, 1989, the authority of the Asbestos Workers’ Account under this chapter to recover the benefits and costs paid to asbestos workers prior to that date shall continue until the benefits and costs have been recovered.
(Amended by Stats. 1985, Ch. 1156, Sec. 4. Note: Termination provisions apply to Chapter 11, commencing with Section 4401.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4452.

4452. Four times the average annual earnings shall be taken at not less than four thousand eight hundred dollars and sixty-four cents ($4,800.64) nor more than fifteen thousand two hundred dollars and sixty-four cents ($15,200.64) in disability cases, and in death cases shall be taken at not less than the minimum nor more than the maximum limits as provided in Section 4702 of this code.
(Amended by Stats. 1957, Ch. 1996.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4452.5.

4452.5. As used in this division:
(a) “Permanent total disability” means a permanent disability with a rating of 100 percent permanent disability only.
(b) “Permanent partial disability” means a permanent disability with a rating of less than 100 percent permanent disability.
(Added by Stats. 1973, Ch. 1023.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4453.5.

4453.5. Benefits payable on account of an injury shall not be affected by a subsequent statutory change in amounts of indemnity payable under this division, and shall be continued as authorized, and in the amounts provided for, by the law in effect at the time the injury giving rise to the right to such benefits occurred.
(Added by Stats. 1972, Ch. 460.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4454.

4454. In determining average weekly earnings within the limits fixed in Section 4453, there shall be included overtime and the market value of board, lodging, fuel, and other advantages received by the injured employee as part of his remuneration, which can be estimated in money, but such average weekly earnings shall not include any sum which the employer pays to or for the injured employee to cover any special expenses entailed on the employee by the nature of his employment, nor shall there be included either the cost or the market value of any savings, wage continuation, wage replacement, or stock acquisition program or of any employee benefit programs for which the employer pays or contributes to persons other than the employee or his family.
(Amended by Stats. 1968, 1st Ex. Sess., Ch. 4.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4455.

4455. If the injured employee is under 18 years of age, and his or her incapacity is permanent, his or her average weekly earnings shall be deemed, within the limits fixed in Section 4453, to be the weekly sum that under ordinary circumstances he or she would probably be able to earn at the age of 18 years, in the occupation in which he or she was employed at the time of the injury or in any occupation to which he or she would reasonably have been promoted if he or she had not been injured. If the probable earnings at the age of 18 years cannot reasonably be determined, his or her average weekly earnings shall be taken at the maximum limit established in Section 4453.
(Amended by Stats. 2002, Ch. 6, Sec. 58. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4456.

4456. Where any employee is injured while engaged on any unemployment work relief program conducted by the State, or a political subdivision, or any State or governmental agency, the disability payments due under this division shall be determined solely on the monthly earnings or anticipated earnings of such person from such program, such payments to be within the minimum and maximum limits set forth in section 4453.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4457.

4457. In the event the average weekly earnings of workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of labor on a particular piece of work, are not otherwise ascertainable, they shall be deemed to be forty dollars ($40).
(Amended by Stats. 1961, Ch. 903.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4458.

4458. If a member registered as an active firefighting member of any regularly organized volunteer fire department as described in Section 3361 suffers injury or death while in the performance of his duty as fireman, or if a person engaged in fire suppression as described in Section 3365 suffers injury or death while so engaged, then, irrespective of his remuneration from this or other employment or from both, his average weekly earnings for the purposes of determining temporary disability indemnity and permanent disability indemnity shall be taken at the maximum fixed for each, respectively, in Section 4453. Four times his average annual earnings in disability cases and in death cases shall be taken at the maximum limits provided in Sections 4452 and 4702 respectively.
(Amended (as amended by Stats. 1973, Ch. 953) by Stats. 1976, Ch. 1347.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4458.2.

4458.2. If an active peace officer of any department as described in Section 3362 suffers injury or death while in the performance of his or her duties as a peace officer, or if a person engaged in the performance of active law enforcement service as described in Section 3366 suffers injury or death while in the performance of that active law enforcement service, or if a person registered as a reserve peace officer of any regularly organized police or sheriff’s department as described in Section 3362.5 suffers injury or death while in the performance of his or her duties as a peace officer, then, irrespective of his or her remuneration from this or other employment or from both, his or her average weekly earnings for the purposes of determining temporary disability indemnity and permanent disability indemnity shall be taken at the maximum fixed for each, respectively, in Section 4453. Four times his or her average annual earnings in disability cases and in death cases shall be taken at the maximum limits provided in Sections 4452 and 4702 respectively.
(Amended by Stats. 1989, Ch. 892, Sec. 30.5.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4458.5.

4458.5. If a member suffers “an injury” following termination of active service, and within the time prescribed in Section 3212, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, or 3213, then, irrespective of his remuneration from any postactive service employment, his average weekly earnings for the purposes of determining temporary disability indemnity, permanent total disability indemnity, and permanent partial disability indemnity, shall be taken at the maximum fixed for each such disability, respectively, in Section 4453.
(Added by renumbering Section 4458 (as added by Stats. 1976, Ch. 446) by Stats. 1978, Ch. 380.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 1 - Average Earnings › Section 4459.

4459. The fact that an employee has suffered a previous disability, or received compensation therefor, does not preclude him from compensation for a later injury, or his dependents from compensation for death resulting therefrom, but in determining compensation for the later injury, or death resulting therefrom, his average weekly earnings shall be fixed at the sum which reasonably represents his earning capacity at the time of the later injury.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4550.

4550. Where liability for compensation exists under this division, such compensation shall be furnished or paid by the employer and shall be as provided in this chapter.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4551.

4551. Where the injury is caused by the serious and willful misconduct of the injured employee, the compensation otherwise recoverable therefor shall be reduced one-half, except:
(a) Where the injury results in death.
(b) Where the injury results in a permanent disability of 70 percent or over.
(c) Where the injury is caused by the failure of the employer to comply with any provision of law, or any safety order of the Division of Occupational Safety and Health, with reference to the safety of places of employment.
(d) Where the injured employee is under 16 years of age at the time of injury.
(Amended by Stats. 1980, Ch. 676.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4552.

4552. The reduction of compensation because of the serious and willful misconduct of an employee is not enforceable, valid, or binding in any respect until the appeals board has so determined by its findings and award as provided in Chapter 6 of Part 4 of this division.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4553.

4553. The amount of compensation otherwise recoverable shall be increased one-half, together with costs and expenses not to exceed two hundred fifty dollars ($250), where the employee is injured by reason of the serious and willful misconduct of any of the following:
(a) The employer, or his managing representative.
(b) If the employer is a partnership, on the part of one of the partners or a managing representative or general superintendent thereof.
(c) If the employer is a corporation, on the part of an executive, managing officer, or general superintendent thereof.
(Amended by Stats. 1982, Ch. 922, Sec. 10.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4553.1.

4553.1. In order to support a holding of serious and willful misconduct by an employer based upon violation of a safety order, the appeals board must specifically find all of the following:
(1) The specific manner in which the order was violated.
(2) That the violation of the safety order did proximately cause the injury or death, and the specific manner in which the violation constituted the proximate cause.
(3) That the safety order, and the conditions making the safety order applicable, were known to, and violated by, a particular named person, either the employer, or a representative designated by Section 4553, or that the condition making the safety order applicable was obvious, created a probability of serious injury, and that the failure of the employer, or a representative designated by Section 4553, to correct the condition constituted a reckless disregard for the probable consequences.
(Amended by Stats. 1982, Ch. 922, Sec. 11.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4554.

4554. In case of the willful failure by an employer to secure the payment of compensation, the amount of compensation otherwise recoverable for injury or death as provided in this division shall be increased 10 percent. Failure of the employer to secure the payment of compensation as provided in Article 1 (commencing at Section 3700) of Chapter 4 of Part 1 of this division is prima facie evidence of willfulness on his part.
(Amended by Stats. 1959, Ch. 1189.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4555.

4555. In case of failure by an employer to secure the payment of compensation, the appeals board may award a reasonable attorney’s fee in addition to the amount of compensation recoverable. When a fee is awarded under this section no further fee shall be allowed under Section 4903 but the provisions of Section 4903 shall be applicable to secure the payment of any fee awarded under this section.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4555.5.

4555.5. Whenever a petition to reduce an award, based upon a permanent disability rating which has become final, is denied, the appeals board may order the petitioner to pay to the injured employee all costs incident to the furnishing of X-rays, laboratory services, medical reports, and medical testimony incurred by such employee in connection with the proceeding on such petition.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4556.

4556. The increases provided for by this article shall not be limited by the provisions of Chapter 1 of this part relating to maximum amounts in the computation of average earnings.
(Added by Stats. 1945, Ch. 520.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4557.

4557. Where the injury is to an employee under 16 years of age and illegally employed at the time of injury, the entire compensation otherwise recoverable shall be increased fifty percent (50%), and such additional sum shall be paid by the employer at the same time and in the same manner as the normal compensation benefits.
An employer shall not be held liable for the additional compensation provided by this section if such an employee is hired pursuant to a birth certificate, automobile driver’s license, or other reasonable evidence of the fact the employee is over the age of 15 years, even though such evidence of age were falsely obtained by the employee. The additional compensation provided by this section shall not exceed the maximum sum specified by Section 4553 for additional compensation payable for serious and willful misconduct on the part of an employer. This section shall not apply to the State or any of its political subdivisions or districts.
(Amended by Stats. 1961, Ch. 1621.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 1 - General Provisions › Section 4558.

4558. (a) As used in this section:
(1) “Employer” means a named identifiable person who is, prior to the time of the employee’s injury or death, an owner or supervisor having managerial authority to direct and control the acts of employees.
(2) “Failure to install” means omitting to attach a point of operation guard either provided or required by the manufacturer, when the attachment is required by the manufacturer and made known by him or her to the employer at the time of acquisition, installation, or manufacturer-required modification of the power press.
(3) “Manufacturer” means the designer, fabricator, or assembler of a power press.
(4) “Power press” means any material-forming machine that utilizes a die which is designed for use in the manufacture of other products.
(5) “Removal” means physical removal of a point of operation guard which is either installed by the manufacturer or installed by the employer pursuant to the requirements or instructions of the manufacturer.
(6) “Specifically authorized” means an affirmative instruction issued by the employer prior to the time of the employee’s physical injury or death, but shall not mean any subsequent acquiescence in, or ratification of, removal of a point of operation safety guard.
(b) An employee, or his or her dependents in the event of the employee’s death, may bring an action at law for damages against the employer where the employee’s injury or death is proximately caused by the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer under conditions known by the employer to create a probability of serious injury or death.
(c) No liability shall arise under this section absent proof that the manufacturer designed, installed, required, or otherwise provided by specification for the attachment of the guards and conveyed knowledge of the same to the employer. Proof of conveyance of this information to the employer by the manufacturer may come from any source.
(d) No right of action for contribution or indemnity by any defendant shall exist against the employer; however, a defendant may seek contribution after the employee secures a judgment against the employer pursuant to the provisions of this section if the employer fails to discharge his or her comparative share of the judgment.
(Added by Stats. 1982, Ch. 922, Sec. 12.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4600.05.

4600.05. (a) An employer, as defined in Section 3300, shall provide immediate support from a nurse case manager for employees injured by an act of domestic terrorism, as defined in Section 2331 of Title 18 of the United States Code, whose injuries arise out of and in the course of employment, to assist injured employees in obtaining medically necessary medical treatment, as defined by the medical treatment utilization schedule adopted pursuant to Section 5307.27, and to assist providers of medical services in seeking authorization of medical treatment.
(b) (1) This section shall apply only if the Governor has declared a state of emergency pursuant to subdivision (b) of Section 8558 of the Government Code in connection with the act of domestic terrorism.
(2) Upon the issuance of a declaration pursuant to paragraph (1), an employer that has been notified of a claim for compensation arising out of the acts that resulted in the declaration shall provide a notice within three days to the claimant advising the claimant of medically necessary services provided pursuant to subdivision (a). In the case of a claim for compensation subject to this section that is filed after the declaration, the employer shall provide the notice to the claimant within three days. The notice shall be in the form adopted by the administrative director pursuant to subdivision (d).
(c) This section shall not alter the conditions for compensability of an injury, as described in Sections 3208.3 and 3600.
(d) The administrative director shall adopt regulations to implement this section, including, but not limited to, the definition of a nurse case manager’s qualifications, the scope and timing of immediate support from a nurse case manager, and the contents of the notice that employers shall provide to claimants.
(Added by Stats. 2017, Ch. 736, Sec. 2. (AB 44) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4600.1.

4600.1. (a) Subject to subdivision (b), any person or entity that dispenses medicines and medical supplies, as required by Section 4600, shall dispense the generic drug equivalent.
(b) A person or entity is not required to dispense a generic drug equivalent under either of the following circumstances:
(1) When a generic drug equivalent is unavailable.
(2) When the prescribing physician specifically provides in writing that a nongeneric drug must be dispensed.
(c) For purposes of this section, “dispense” has the same meaning as the definition contained in Section 4024 of the Business and Professions Code.
(d) Nothing in this section shall be construed to preclude a prescribing physician, who is also the dispensing physician, from dispensing a generic drug equivalent.
(e) This section shall only apply to medicines dispensed prior to the operative date of the drug formulary adopted pursuant to Section 5307.27.
(Amended by Stats. 2015, Ch. 525, Sec. 2. (AB 1124) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4600.2.

4600.2. (a) Notwithstanding Section 4600, if a self-insured employer, group of self-insured employers, insurer of an employer, or group of insurers contracts with a pharmacy, group of pharmacies, or pharmacy benefit network to provide medicines and medical supplies required by this article to be provided to injured employees, those injured employees that are subject to the contract shall be provided medicines and medical supplies in the manner prescribed in the contract for as long as medicines or medical supplies are reasonably required to cure or relieve the injured employee from the effects of the injury. Medicines provided pursuant to the contract shall be subject to the drug formulary adopted by the administrative director pursuant to Section 5307.27, and such contracts may not limit the availability of medications otherwise prescribed pursuant to the formulary based on whether the pharmacy services are provided within or outside a medical provider network.
(b) Nothing in this section shall affect the ability of employee-selected physicians to continue to prescribe and have the employer provide medicines subject to the drug formulary and medical supplies that the physicians deem reasonably required to cure or relieve the injured employee from the effects of the injury.
(c) Each contract described in subdivision (a) shall comply with standards adopted by the administrative director. In adopting those standards, the administrative director shall seek to reduce pharmaceutical costs and may consult any relevant studies or practices in other states. The standards shall provide for access to a pharmacy within a reasonable geographic distance from an injured employee’s residence.
(Amended by Stats. 2015, Ch. 525, Sec. 3. (AB 1124) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4600.35.

4600.35. Any entity seeking to reimburse health care providers for health care services rendered to injured workers on a capitated, or per person per month basis, shall be licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code).
(Added by Stats. 2002, Ch. 6, Sec. 61.5. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4600.4.

4600.4. (a) A workers’ compensation insurer, third-party administrator, or other entity that requires, or pursuant to regulation requires, a treating physician to obtain either utilization review or prior authorization in order to diagnose or treat injuries or diseases compensable under this article, shall ensure the availability of those services from 9 a.m. to 5:30 p.m. Pacific standard time of each normal business day.
(b) For purposes of this article, “normal business day” does not include Saturday, Sunday, or any day that is declared by the Governor to be an official state holiday or a holiday listed on the Department of Human Resources internet website.
(Amended by Stats. 2019, Ch. 647, Sec. 4. (SB 537) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4600.7.

4600.7. (a) The Workers’ Compensation Managed Care Fund is hereby created in the State Treasury for the administration of Sections 4600.3 and 4600.5 by the Division of Workers’ Compensation. The administrative director shall establish a schedule of fees and revenues to be charged to certified health care organizations and applicants for certification to fully fund the administration of these provisions and to repay amounts received as a loan from the General Fund. All fees and revenues shall be deposited in the Workers’ Compensation Managed Care Fund and shall be used when appropriated by the Legislature solely for the purpose of carrying out the responsibilities of the Division of Workers’ Compensation under Section 4600.3 or 4600.5.
(b) On and after July 1, 1998, no funds received as a loan from the General Fund shall be used to support the administration of Sections 4600.3 and 4600.5. The loan amount shall be repaid to the General Fund by assessing a surcharge on the enrollment fee for each of the next five fiscal years. In the event the surcharge does not produce sufficient revenue over this period, the surcharge shall be adjusted to fully repay the loan over the following three fiscal years, with the final assessment calculated by dividing the balance of the loan by the enrollees at the end of the final fiscal year.
(Amended by Stats. 1998, Ch. 282, Sec. 1. Effective January 1, 1999.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4601.

4601. (a) If the employee so requests, the employer shall tender the employee one change of physician. The employee at any time may request that the employer tender this one-time change of physician. Upon request of the employee for a change of physician, the maximum amount of time permitted by law for the employer or insurance carrier to provide the employee an alternative physician or, if requested by the employee, a chiropractor, or an acupuncturist shall be five working days from the date of the request. Notwithstanding the 30-day time period specified in Section 4600, a request for a change of physician pursuant to this section may be made at any time. The employee is entitled, in any serious case, upon request, to the services of a consulting physician, chiropractor, or acupuncturist of his or her choice at the expense of the employer. The treatment shall be at the expense of the employer.
(b) If an employee requesting a change of physician pursuant to subdivision (a) has notified his or her employer in writing prior to the date of injury that he or she has a personal chiropractor, the alternative physician tendered by the employer to the employee, if the employee so requests, shall be the employee’s personal chiropractor. For the purpose of this article, “personal chiropractor” means the employee’s regular chiropractor licensed pursuant to Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code, who has previously directed treatment of the employee, and who retains the employee’s chiropractic treatment records, including his or her chiropractic history.
(c) If an employee requesting a change of physician pursuant to subdivision (a) has notified his or her employer in writing prior to the date of injury that he or she has a personal acupuncturist, the alternative physician tendered by the employer to the employee, if the employee so requests, shall be the employee’s personal acupuncturist. For the purpose of this article, “personal acupuncturist” means the employee’s regular acupuncturist licensed pursuant to Chapter 12 (commencing with Section 4935) of Division 2 of the Business and Professions Code, who has previously directed treatment of the employee, and who retains the employee’s acupuncture treatment records, including his or her acupuncture history.
(Amended by Stats. 1998, Ch. 440, Sec. 5. Effective January 1, 1999.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4602.

4602. If the employee so requests, the employer shall procure certification by either the administrative director or the appeals board as the case may be of the competency, for the particular case, of the consulting or additional physicians.
(Amended by Stats. 1965, Ch. 1513.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4603.

4603. If the employer desires a change of physicians or chiropractor, he may petition the administrative director who, upon a showing of good cause by the employer, may order the employer to provide a panel of five physicians, or if requested by the employee, four physicians and one chiropractor competent to treat the particular case, from which the employee must select one.
(Repealed and added by Stats. 1975, Ch. 1259.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4603.3.

4603.3. (a) Upon payment, adjustment, or denial of a complete or incomplete itemization of medical services, an employer shall provide an explanation of review in the manner prescribed by the administrative director that shall include all of the following:
(1) A statement of the items or procedures billed and the amounts requested by the provider to be paid.
(2) The amount paid.
(3) The basis for any adjustment, change, or denial of the item or procedure billed.
(4) The additional information required to make a decision for an incomplete itemization.
(5) If a denial of payment is for some reason other than a fee dispute, the reason for the denial.
(6) Information on whom to contact on behalf of the employer if a dispute arises over the payment of the billing. The explanation of review shall inform the medical provider of the time limit to raise any objection regarding the items or procedures paid or disputed and how to obtain an independent review of the medical bill pursuant to Section 4603.6.
(b) The administrative director may adopt regulations requiring the use of electronic explanations of review.
(Added by Stats. 2012, Ch. 363, Sec. 37. (SB 863) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4603.4.

4603.4. (a) The administrative director shall adopt rules and regulations to do all of the following:
(1) Ensure that all health care providers and facilities submit medical bills for payment on standardized forms.
(2) Require acceptance by employers of electronic claims for payment of medical services.
(3) Ensure confidentiality of medical information submitted on electronic claims for payment of medical services.
(4) Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2.
(b) To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996.
(c) Require all employers to accept electronic claims for payment of medical services.
(d) Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2.
(Amended by Stats. 2016, Ch. 214, Sec. 2. (SB 1175) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4603.5.

4603.5. The administrative director shall adopt rules pertaining to the format and content of notices required by this article; define reasonable geographic areas for the purposes of Section 4600; specify time limits for all such notices, and responses thereto; and adopt any other rules necessary to make effective the requirements of this article.
Employers shall notify all employees of their rights under this section.
(Added by Stats. 1975, Ch. 1259.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4604.

4604. Controversies between employer and employee arising under this chapter shall be determined by the appeals board, upon the request of either party, except as otherwise provided by Section 4610.5.
(Amended by Stats. 2012, Ch. 363, Sec. 40. (SB 863) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4604.5.

4604.5. (a) The recommended guidelines set forth in the medical treatment utilization schedule adopted by the administrative director pursuant to Section 5307.27 shall be presumptively correct on the issue of extent and scope of medical treatment. The presumption is rebuttable and may be controverted by a preponderance of the scientific medical evidence establishing that a variance from the guidelines reasonably is required to cure or relieve the injured worker from the effects of his or her injury. The presumption created is one affecting the burden of proof.
(b) The recommended guidelines set forth in the schedule adopted pursuant to subdivision (a) shall reflect practices that are evidence and scientifically based, nationally recognized, and peer reviewed. The guidelines shall be designed to assist providers by offering an analytical framework for the evaluation and treatment of injured workers, and shall constitute care in accordance with Section 4600 for all injured workers diagnosed with industrial conditions.
(c) (1) Notwithstanding the medical treatment utilization schedule, for injuries occurring on and after January 1, 2004, an employee shall be entitled to no more than 24 chiropractic, 24 occupational therapy, and 24 physical therapy visits per industrial injury.
(2) (A) Paragraph (1) shall not apply when an employer authorizes, in writing, additional visits to a health care practitioner for physical medicine services. Payment or authorization for treatment beyond the limits set forth in paragraph (1) shall not be deemed a waiver of the limits set forth by paragraph (1) with respect to future requests for authorization.
(B) The Legislature finds and declares that the amendments made to subparagraph (A) by the act adding this subparagraph are declaratory of existing law.
(3) Paragraph (1) shall not apply to visits for postsurgical physical medicine and postsurgical rehabilitation services provided in compliance with a postsurgical treatment utilization schedule established by the administrative director pursuant to Section 5307.27.
(d) For all injuries not covered by the official utilization schedule adopted pursuant to Section 5307.27, authorized treatment shall be in accordance with other evidence-based medical treatment guidelines that are recognized generally by the national medical community and scientifically based.
(Amended by Stats. 2012, Ch. 363, Sec. 41. (SB 863) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4605.

4605. Nothing contained in this chapter shall limit the right of the employee to provide, at his or her own expense, a consulting physician or any attending physicians whom he or she desires. Any report prepared by consulting or attending physicians pursuant to this section shall not be the sole basis of an award of compensation. A qualified medical evaluator or authorized treating physician shall address any report procured pursuant to this section and shall indicate whether he or she agrees or disagrees with the findings or opinions stated in the report, and shall identify the bases for this opinion.
(Amended by Stats. 2012, Ch. 363, Sec. 42. (SB 863) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4606.

4606. Any county, city and county, city, school district, or other public corporation within the state which was a self-insured employer under the “Workmen’s Compensation, Insurance and Safety Act,” enacted by Chapter 176 of the Statutes of 1913, may provide such medical, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatus, including artificial members, which is reasonably required to cure or relieve from the effects of an injury to a former employee who was covered under such act, without regard to the 90-day limitation of subdivision (a) of Section 15 of such act for medical treatment. The provisions of this section shall not be operative in any such county, city and county, city, school district, or other public corporation unless adopted by a resolution of the governing body of such public entity.
(Added by Stats. 1972, Ch. 451.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4607.

4607. Where a party to a proceeding institutes proceedings to terminate an award made by the appeals board to an applicant for continuing medical treatment and is unsuccessful in such proceedings, the appeals board may determine the amount of attorney’s fees reasonably incurred by the applicant in resisting the proceeding to terminate the medical treatment, and may assess such reasonable attorney’s fees as a cost upon the party instituting the proceedings to terminate the award of the appeals board.
(Added by Stats. 1973, Ch. 663.)
2023 California Code › Labor Code - LAB › DIVISION 4 - WORKERS' COMPENSATION AND INSURANCE › PART 2 - COMPUTATION OF COMPENSATION › CHAPTER 2 - Compensation Schedules › ARTICLE 2 - Medical and Hospital Treatment › Section 4608.

4608. No workers’ compensation insurer, self-insured employer, or agent of an insurer or self-insured employer, shall refuse to pay pharmacy benefits solely because the claim form utilized is reproduced by the person providing the pharmacy benefits, provided the reproduced form is an exact copy of that used by the insurer, self-insured employer, or agent.
(Added by Stats. 1984, Ch. 137, Sec. 1.)