California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 4 - Notices of Compensation Due › Section 10110 - Notice of Intention to Issue a Notice of Compensation Due; Notice of Compensation Due; Review by Workers' Compensation Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If as the result of an audit, the
					 Administrative Director determines that compensation is due and unpaid to an
					 employee, (s)he shall serve on the audit subject, personally or by first class
					 mail, a Notice of Intention to Issue a Notice of Compensation Due specifying
					 the amount, reason and period for which compensation is due. If liability for
					 compensation is clear but the amount cannot be determined from information in
					 the claim file, the Administrative Director may direct the claims administrator
					 to gather the necessary additional information.
(b) The audit subject may file an Objection
					 to the Notice of Intention within 14 days of receipt. The Objection shall state
					 in detail the reasons the compensation found due is disputed and may include
					 supporting documentation and legal argument.
(c) The Administrative Director will review
					 any Objection, and may set the matter for an administrative meeting, which may
					 be included as part of a post audit conference. The administrative meeting or
					 the post audit conference may be set on the Administrative Director's own
					 initiative or at the request of the audit subject. After review, the
					 Administrative Director shall either dismiss the Notice of Intention to Issue a
					 Notice of Compensation Due or issue a Notice of Compensation Due.
(d) If no timely Objection is submitted, the
					 Administration Director may issue a Notice of Compensation Due. A Notice of
					 Compensation Due which was issued without a timely Objection shall be final
					 without right of further review unless the Workers' Compensation Appeals Board
					 agrees to hear an appeal after a late Objection.
(e) A Notice of Compensation Due shall
					 specify the amount, reason and period for which compensation is due and shall
					 order payment of the compensation to the employee or dependent. The Notice of
					 Compensation Due shall be served on the insurer, self-insured employer or
					 third-party administrator personally or by certified or registered mail, and a
					 copy shall be sent by first class mail to the affected employee or dependent.
					 The compensation due must be paid within 15 days of receipt of the Notice of
					 Compensation Due unless appealed to the Workers Compensation Appeals Board in
					 accordance with Section
					 10115 of these Rules and the
					 applicable rules of the Workers' Compensation Appeals Board.
1. New
						article 4 heading, renumbering of former section
						10110 to section
						10114 and new section filed
						1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to
						Government Code section
						11351
						(Register 94, No. 4).
Note: Authority cited: Sections
						  59,
						  129.5,
						  133,
						  4603.5,
						  5307.3, Labor
						  Code. Reference: Sections
						  129,
						  139.5,
						  3207,
						  4453,
						  4550,
						  4600,
						  4621,
						  4636-
						  4638,
						  4639,
						  4653,
						  4658,
						  4659,
						  4660,
						  4661.5,
						  4701-
						  4703.5,
						  4900 and
						  4902, Labor
						  Code; and Section
						  10952, Title 8, California Code of
						  Regulations.