reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10161.1 - Reproduction of Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Request for Summary Rating Determination of Qualified
					 Medical Evaluator's Report, the Employee's Disability Questionnaire, and the
					 Request for Summary Rating Determination of the Primary Treating Physician's
					 Report may be reproduced by automated office equipment or other means as long
					 as the printed content and layout of the form are identical to the specified
					 form.
1. New
					 section filed 2-21-95; operative 2-21-95. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 95, No. 8).
2. Amendment of section number filed 8-8-95;
					 operative 8-8-95. Submitted to OAL for printing only pursuant to Government
					 Code section
					 11351
					 (Register 95, No. 32).
3. Amendment of section and new NOTE filed
					 11-17-2008; operative 11-17-2008 pursuant to Government Code section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133 and
						5307.3, Labor
						Code. Reference: Sections
						124,
						4061,
						4062,
						4062.01,
						4062.1,
						4062.2,
						4062.5,
						4064,
						4067,
						4660,
						4662,
						4663 and
						4664, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10162 - Summary Rating Determinations, Apportionment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In cases where the injured worker is not
				  represented and a Qualified Medical Evaluator's formal medical evaluation
				  indicates apportionment of the permanent disability, a summary rating
				  determination will not be made until a workers' compensation administrative law
				  judge has reviewed the medical evaluation to determine if the apportionment is
				  inconsistent with the law. The determination of the workers' compensation
				  administrative law judge will not be admissible in any judicial
				  proceeding.
(b) Upon receipt of a
				  formal medical evaluation which apportions the disability, the Disability
				  Evaluation Unit will transmit the medical evaluation to the presiding workers'
				  compensation administrative law judge of the office of the appeals board
				  designated by the Disability Evaluation Unit, with a request to review the
				  apportionment to determine whether it is inconsistent with the law. The
				  workers' compensation administrative law judge shall make the determination and
				  respond to the Disability Evaluation Unit within 45 days.
(c) If the workers' compensation
				  administrative law judge refers the medical report back to the Qualified
				  Medical Evaluator for correction or clarification, the Qualified Medical
				  Evaluator shall provide a response to the workers' compensation administrative
				  law judge within 30 days of the referral. If no response is received, the
				  workers' compensation administrative law judge shall make a determination
				  whether the apportionment is inconsistent with the law, and a summary rating
				  determination will be made.
(d) In
				  cases where the injured worker is represented and an Agreed Medical Evaluator
				  or Qualified Medical Evaluator apportions the permanent disability, the
				  Disability Evaluation Unit will issue a summary rating determination "Before
				  Apportionment."
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
					 section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						124 and
						4061, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10163 - Apportionment Referral

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
STATE OF CALIFORNIA
Department of Industrial Relations
Department of Workers' Compensation
DISABILITY EVALUATION UNIT
Date: ________________________________________
___________________________
TO: Presiding Workers' Comp. Judge,
(Office)
___________________________
FROM: Disability Evaluation Unit,
(Office)
SUBJECT: DEU File:
Employee:
QME:
Date of Report:
The attached formal medical evaluation report indicates
					 that part or all of the permanent disability may be subject to apportionment
					 pursuant to Labor Code Section
					 4663 and/or
					 Labor Code Section
					 4664. Please
					 determine whether the apportionment is inconsistent with the law.
If you believe the apportionment is inconsistent with
					 the law, you may refer the report back to the medical evaluator for correction
					 or clarification. If you receive no response from the medical evaluator within
					 30 days from your request, please make your determination based on the original
					 report.
After checking the appropriate space, sign and date the
					 bottom of this form and return it with the medical report to the DEU office
					 listed above.
Thank you.
The apportionment: IS
							 CONSISTENT
____________________
or
IS NOT
							 CONSISTENT
____________________
with the law.
___________________________
,
Workers'
							 Compensation Judge
(Signature)
___________________________
(Date)
NOTE: This memorandum is an administrative document
					 and is not admissible in any judicial proceeding.
DEU Form 105 (Rev 12-04)
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment of section and NOTE filed 12-31-2004 as an emergency; operative
					 1-1-2005 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 5-2-2005 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 12-31-2004 order, including further amendment of NOTE, transmitted to OAL
					 4-29-2005 and filed 6-10-2005 (Register 2005, No.
					 23).
Note: Authority cited: Sections
						133 and
						5307.3, Labor
						Code. Reference: Sections
						124,
						4061,
						4062,
						4062.01,
						4062.1,
						4062.2,
						4062.5,
						4064,
						4067,
						4660,
						4662,
						4663 and
						4664, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10164 - Summary Rating Determinations, Reconsideration if Employee is Unrepresented

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Requests for
				  reconsideration of the summary rating determination shall be filed with the
				  administrative director in writing within 30 days of receipt of the summary
				  rating determination. The request shall clearly specify the reasons the summary
				  rating determination should be reconsidered and shall include a proof of
				  service on the other party and any other information necessary to support the
				  request. Reconsideration of a summary rating may be granted by the
				  administrative director for one or more of the following reasons:
(1) the summary rating was incorrectly
				  calculated;
(2) the comprehensive
				  medical evaluation failed to address one or more issues;
(3) the comprehensive medical evaluation
				  failed to completely address one or more issues;
(4) the comprehensive medical evaluation was
				  not prepared in accordance with required procedures, including the procedures
				  of the administrative director promulgated under paragraph (2) or (3) of
				  subdivision (j) of Section
				  139.2.
Requests for reconsideration which are not based on one of
					 the above reasons will be denied.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10165 - Service of Summary Rating Determination and Notice of Options Following Permanent Disability Rating

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within the time specified in Labor Code section
					 4061(e),
					 the Disability Evaluation Unit shall serve the permanent disability rating
					 determination and the Notice of Options Following Permanent Disability Rating
					 on the employee and employer by the method of service described in section of
					 10218 of title 8 of the California Code of Regulation.
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
					 section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						124 and
						4061, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10166.1 - Form (Request for Consultative Rating)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DWC-AD Form 104 (DEU)
Click
					 here to view image
Click
					 here to view image
1. New
					 section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
					 section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						123.6,
						123.7,
						124,
						5275,
						5451,
						5502,
						5701 and
						5703.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10167 - Informal Ratings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  informal rating will be prepared by the Disability Evaluation Unit upon the
				  request of the employee and/or his/her representative and the employer, or at
				  the request of an Information and Assistance Officer providing the necessary
				  information. Such requests shall be submitted on forms and in a manner
				  prescribed by the administrative director. Informal ratings shall be issued
				  only in those instances where an Application for Adjudication of Claim has not
				  been filed with the appeals board. All medical reports pertaining to the case
				  must be submitted with the request.
(b) The Disability Evaluation Unit will issue
				  the informal rating, which will contain a statement that the informal rating is
				  not: a) a finding, award, order or decision of the appeals board, and b)
				  evidence as to the existence of the factors of disability.
(c) Where the informal rating indicates a
				  life pension, or provision for future medical treatment appears indicated, the
				  Disability Evaluation Unit will forward a copy of the rating to an Information
				  and Assistance Officer for the purpose of obtaining a stipulated award, or
				  other action as may be appropriate.
(d) Self-ratings prepared by the employer are
				  not acceptable substitutes for informal ratings prepared by the Disability
				  Evaluation Unit.
1. New
					 section filed 12-27-96; operative 12-27-96. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 96, No. 52).
2. Amendment filed 11-17-2008; operative
					 11-17-2008 pursuant to Government Code section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133 and
						5307.3, Labor
						Code. Reference: Section
						4061, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10168 - Records, Destruction of. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment filed 3-27-95; operative 3-27-95. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 95, No. 13).
3. Amendment of section and NOTE filed
					 12-27-96; operative 12-27-96. Submitted to OAL for printing only pursuant to
					 Government Code section
					 11351
					 (Register 96, No. 52).
4. Repealer filed 11-17-2008; operative
					 11-17-2008 pursuant to Government Code section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133,
						135 and
						5307.3, Labor
						Code. Reference: Sections
						135 and
						4061, Labor
						Code; and Section
						14755,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10169 - Commutation Tables and Instructions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Table 1 ("Present Value of Permanent Disability at 3%
					 Interest") as issued in January 2001, Table 2 ("Present Value of Life Pension
					 at 3% Interest for a Male") as issued in July 2001, Table 3 ("Present Value of
					 Life Pension at 3% Interest for a Female") as issued in July 2001, and
					 "Commutation Instructions" as issued in January 2001, are hereby incorporated
					 by reference in their entirety as though they were set forth below. The tables
					 and instructions are available from any office of the Division of Workers'
					 Compensation and may be accessed and printed from the Division's homepage at
www.dir.ca.gov
.
1. New
					 section filed 1-17-2001; operative 1-17-2001 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2001, No. 3).
2. Change without regulatory effect amending
					 section filed 7-18-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 29).
Note: Authority cited: Sections
						133,
						5100,
						5101,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						5100 and
						5101, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10169.1 - Commutation of Life Pension and Permanent Disability Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Determinations of the present value of a
				  life pension under Labor Code Section
				  5101(b)
				  shall be made in accordance with the Commutation Instructions contained in
				  Section 10169, and shall be based on the
				  actuarial data contained in Section
				  10169, Table 2 ("Present Value of
				  Life Pension at 3% Interest for a Male") or Table 3 ("Present Value of Life
				  Pension at 3% Interest for a Female").
(b) Determinations of the present value of
				  permanent disability indemnity under Labor Code Section
				  5101(b)
				  shall be made in accordance with the Commutation Instructions contained in
				  Section 10169, and shall be based on the
				  actuarial data contained in Section
				  10169, Table 1 ("Present Value of
				  Permanent Disability at 3% Interest").
(c) The Administrative Director shall
				  periodically revise Tables 2 and 3 of Section
				  10169 to incorporate revisions to
				  the "U. S. Life Tables" and "Actuarial Tables Based On The U. S Life Tables"
				  issued by the United States government following each decennial
				  census.
1. New
					 section filed 1-17-2001; operative 1-17-2001 pursuant to Government Code
					 section
					 11343.4(c)
					 (Register 2001, No. 3).
Note: Authority cited: Sections
						133,
						5100,
						5101,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						5100,
						5100.5,
						5100.6 and
						5101, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.7 › Section 10175 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subchapter 1.7 and section filed 8-31-93; operative 8-31-93. Submitted to OAL
					 for printing only pursuant to Government Code section
					 11351
					 (Register 93, No. 36).
2. Change without regulatory effect repealing
					 subchapter 1.7 (sections
					 10175-10181) and section filed
					 11-6-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 45).
Note: Authority cited: Sections
						133,
						4612 and
						5307.3, Labor
						Code. Reference: Section
						4612, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.7 › Section 10176 - Eligible Employers and Employees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-31-93; operative 8-31-93. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 93, No. 36).
2. Change without regulatory effect repealing
					 section filed 11-6-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 45).
Note: Authority cited: Sections
						133,
						4612 and
						5307.3, Labor
						Code. Reference: Section
						4612, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.7 › Section 10177 - Eligible Applicants. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-31-93; operative 8-31-93. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 93, No. 36).
2. Change without regulatory effect repealing
					 section filed 11-6-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 45).
Note: Authority cited: Sections
						133,
						4612 and
						5307.3, Labor
						Code. Reference: Section
						4612, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.7 › Section 10178 - Pilot Project Proposal Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-31-93; operative 8-31-93. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 93, No. 36).
2. Change without regulatory effect repealing
					 section filed 11-6-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 45).
Note: Authority cited: Sections
						133,
						4612 and
						5307.3, Labor
						Code. Reference: Section
						4612, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.7 › Section 10179 - Selection of Proposals; Priorities; Pilot Termination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-31-93; operative 8-31-93. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 93, No. 36).
2. Amendment of section heading and
					 subsection (c) filed 10-11-94; operative 10-11-94. Submitted to OAL for
					 printing only pursuant to Government Code section
					 11351
					 (Register 94, No. 41).
3. Change without regulatory effect repealing
					 section filed 11-6-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 45).
Note: Authority cited: Sections
						133,
						4612 and
						5307.3, Labor
						Code. Reference: Section
						4612, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.7 › Section 10180 - Employee Choice of Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-31-93; operative 8-31-93. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 93, No. 36).
2. Change without regulatory effect repealing
					 section filed 11-6-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 45).
Note: Authority cited: Sections
						133,
						4612 and
						5307.3, Labor
						Code. Reference: Section
						4612, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.7 › Section 10181 - Records, Claims Administration, Auditing, and Termination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-31-93; operative 8-31-93. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 93, No. 36).
2. Change without regulatory effect repealing
					 section filed 11-6-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 45).
Note: Authority cited: Sections
						133,
						4612 and
						5307.3, Labor
						Code. Reference: Sections
						3700,
						4612,
						5300,
						6409 and
						6409.1, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8 - Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7 › Section 10200 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this subchapter:
(a) "Employee" means an employee covered
				  under either:
(1) A provision of a collective
				  bargaining agreement recognized by the Administrative Director pursuant to
				  Labor Code section
				  3201.5;
				  or
(2) A labor-management agreement
				  recognized by the Administrative Director pursuant to Labor Code section
				  3201.7.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8 - Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7 › Section 10203 - Reporting Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) On or before March 31 of every year,
				  every employer subject to either a 3201.5 or 3201.7 provision shall provide the
				  information specified in subdivision (b) for the previous calendar year. For
				  each claim with a date of injury on or after January 1, 2004, the information
				  reported under subdivision (b)(8) through (16) in the first mandatory reporting
				  year under subdivision (b)(8), shall also be updated annually thereafter for
				  the following three calendar years.
(2) To provide the information required in
				  subdivision (b), the employer shall either:
(A) Provide the information on a form
				  prescribed by the administrative director, either DWC Form GV-1, as set forth
				  in Section 10203.1, or DWC Form GV-2, as set
				  forth in Section
				  10203.2; or
(B) Provide the administrative director with
				  written authorization to collect the information from the appropriate claims
				  administrator. If the administrative director is unable to obtain the
				  information with the written authorization, the employer shall remain
				  responsible for obtaining and submitting the information.
(3) Groups of employers shall report the
				  information required by this section on behalf of its members. The information
				  shall be reported as to every individual employer covered by the 3201.5 or
				  3201.7 provision. Groups shall also report aggregated figures for all employers
				  in the group covered by the 3201.5 or 3201.7 provision.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8 - Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7 › Section 10204 - Annual Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On
				  or before March 31 of every year, the parties covered by the
				  3201.5 or
				  3201.7
				  provision shall submit updated copies of the documents and other evidence
				  required by Section
				  10201 or Section
				  10202. However, if certain
				  documents and other evidence are completely unchanged since the previous
				  submission, the party responsible for submitting the annual update may instead
				  submit a statement under penalty of perjury that there has been no change in
				  the document or evidence since the previous submission. The Administrative
				  Director may nonetheless require any party to submit the actual documents or
				  evidence.
(b) If the parties have
				  not submitted the updated documents required by this section, or if the
				  employer has not timely submitted the data required by Section
				  10203 the Administrative Director
				  may, after notice and an opportunity to respond, either:
(1) revoke a letter of eligibility issued
				  pursuant to Labor Code section
				  3201.5;
(2) revoke the recognition given to the
				  labor-management agreement negotiated pursuant to Labor Code section
				  3201.7; or
(3) take such other steps as he or she deems
				  necessary to secure the parties' compliance with reporting
				  requirements.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.1 - Administrative Director - Other Administrative Penalties [Renumbered] › Article 1 - Administrative Penalties Pursuant to Labor Code Section 5814.6 [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former subchapter 1.8.1, article 1
					 (sections 10225-10225.2) to subchapter 1.5,
					 article 5.5 (sections
					 10112.1-10112.3) filed 4-7-2008
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 15).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1 - Definitions and General Provisions › Section 10205 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Adjudication
					 file" or "ADJ file" means a case file in which the jurisdiction of the Workers'
					 Compensation Appeals Board has been invoked and which is maintained by the
					 Division of Workers' Compensation in paper format, or electronic format, or
					 both, including a temporary paper case file.
(b) "Administrative director" means the
					 administrative director of the Division of Workers' Compensation or his or her
					 designee.
(c) "Appeals board" means
					 the commissioners and deputy commissioners of the Workers' Compensation Appeals
					 Board acting en banc, in panels, or individually.
(d) "Applicant" means any person asserting a
					 right to relief under the provisions of Labor Code section
					 5300.
(e) "Application for adjudication" or
					 "application" means the initial pleading that asserts a right to relief under
					 the provisions of Labor Code section
					 5300.
(f) "Central Registration Unit" is a unit
					 within the Division of Workers' Compensation which maintains the website list
					 of uniform names and addresses of claims administrators' offices and
					 representatives' offices.
(g)
					 "Claims administrator's office" means any office location that administers
					 workers' compensation claims.
(h)
					 "Cost" means any claim for reimbursement of expense or payment of service that
					 is not allowable as a lien against compensation under Labor Code section
					 4903. Costs"
					 include, but are not limited to:
(1) expenses
					 and fees under Labor Code section
					 5710;
(2) costs under Labor Code section
					 5811 other than
					 interpreter services rendered during a medical treatment appointment;
(3) any amount payable as a medical-legal
					 expense under Labor Code section
					 4620 et seq.;
					 and
(4) any amount payable under
					 Labor Code section
					 4600 that would
					 not be subject to a lien against the employee's compensation, including but not
					 limited to any amount payable directly to the injured employee for reasonable
					 transportation, meal, and lodging expenses and for temporary disability
					 indemnity for each day of lost wages.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1 - Definitions and General Provisions › Section 10205.1 - District Office Records Not Subject to Subpoena

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The records, files and proceedings of the
					 district office shall not be taken from its offices either on informal request
					 or in response to a subpoena duces tecum or any order issued out of any other
					 court or tribunal. The records, files and proceedings of the district office
					 shall not be produced pursuant a subpoena issued under Labor Code section
					 130.
(b) Certified copies of portions of the
					 records shall be delivered upon payment of fees as provided in California Code
					 of Regulations, title 8, section
					 9990.
1.
						Renumbering of former section
						10212 to new section
						10205.1, including amendment of
						NOTE, filed 12-10-2012 as a change without regulatory effect pursuant to
						section 100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  130,
						  138.7 and
						  5955, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1 - Definitions and General Provisions › Section 10205.2 - Compromise and Release Forms and Stipulations with Request for Award Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following optical character recognition forms shall
						be used to settle case by either a compromise and release or stipulation with
						request for award.
(a) DWC-CA form
					 10214(a) (Stipulations with request for award) revision dated 11/2008 is
					 incorporated by reference;
(b)
					 DWC-CA form 10214(b) (Stipulations with request for award, death case) dated
					 11/2008 is incorporated by reference;
(c) DWC-CA form 10214(c) (Compromise and
					 release) revision dated 11/2008 is incorporated by reference;
(d) DWC-CA form 10214(d) (Compromise and
					 release, dependency claim) revision dated 11/2008 is incorporated by
					 reference;
(e) DWC-CA form 10214(e)
					 (Compromise and release, third party settlement) revision dated 11/2008 is
					 incorporated by reference.
1.
						Renumbering of former section
						10214 to new section
						10205.2, including amendment of
						NOTE, filed 12-10-2012 as a change without regulatory effect pursuant to
						section 100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  5002,
						  5003,
						  5004 and
						  5005, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1.2 - Electronic Filing › Section 10205.3 - Case Names and Case Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An index of all cases filed with a district office shall
						be maintained in EAMS under the name of the person claimed to have been injured
						or the identification assigned to that person, whether or not that person is an
						applicant. Reference to the case shall be by the name of the injured person and
						the case number.
1. New
						article 2 (sections
						10205.3-10205.9) and renumbering of
						former section
						10215 to new section
						10205.3, including amendment of
						NOTE, filed 12-10-2012 as a change without regulatory effect pursuant to
						section 100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
2. Renumbering of article 2 to article 1.2
						filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government
						Code section
						11346.1(d)
						(Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Amendment renumbering article 2 to article 1.2
						refiled 6-26-2013 as an emergency; operative 7-1-2013 pursuant to Government
						Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
4. Amendment renumbering article 2 to article 1.2
						refiled 9-30-2013 as an emergency; operative 10-1-2013 pursuant to Government
						Code section
						11346.1(d)
						(Register 2013, No. 40). A Certificate of Compliance must be transmitted to OAL
						by 12-30-2013 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 9-30-2013 order
						transmitted to OAL 11-8-2013 and filed 12-16-2013 (Register 2013, No.
						51).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Section
						  126, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1.2 - Electronic Filing › Section 10205.4 - Adjudication Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All cases filed on and after the effective date of these regulations shall be
					 maintained by the Division of Workers' Compensation in an electronic format in
					 EAMS. All paper documents properly filed in such cases shall be scanned into
					 the EAMS adjudication file and then destroyed no less than 30 business days
					 after filing.
(b) All case opening
					 documents shall be given a case number by the district office where no case
					 number has been previously assigned for the injured worker for the alleged date
					 of injury. The parties shall be notified of the case number by their preferred
					 method of service.
(c) If a case
					 number has been previously assigned by the Division of Workers' Compensation, a
					 new case number will be assigned when a document is filed as follows: the
					 prefix "ADJ" shall replace the previously assigned three letter prefix (i.e.
					 "OAK") and precede the assigned case number.
(d) Except as provided in section
					 10208.7, the Division of Workers'
					 Compensation shall maintain a paper adjudication file until it is converted to
					 an electronic adjudication file. If, however, a paper adjudication file is
					 maintained on or after the effective date of these regulations, an electronic
					 adjudication file shall also be created and any documents filed thereafter
					 shall be maintained electronically in EAMS, in accordance with subdivision
					 (c).
(e) A paper adjudication file
					 or a portion of a paper adjudication file may be converted to an electronic
					 adjudication file by the Division of Workers' Compensation at any time. If a
					 paper adjudication file is completely scanned into EAMS the Division of
					 Workers' Compensation shall notify the parties to the case of the change in how
					 the file is maintained; and the paper adjudication file may be destroyed no
					 less than 30 business days after the issuance of the notification.
1.
						Renumbering of former section
						10216 to new section
						10205.4, including amendment of
						subsection (d) and NOTE, filed 12-10-2012 as a change without regulatory effect
						pursuant to section
						100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Section
						  126, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1.2 - Electronic Filing › Section 10205.5 - Official Participant Record and Duty to Furnish Correct Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division of
					 Workers' Compensation shall maintain an official participant record for each
					 adjudication file, which shall contain the names of all parties and lien
					 claimants, and their attorneys or hearing representatives.
(b) In order to ensure case parties and
					 documents are accurately associated to the correct electronic adjudication
					 file, uniform names for claims administrators' offices and representatives'
					 offices shall be used when filing documents in EAMS. The names will be assigned
					 by the Division of Workers' Compensation.
(1)
					 The Division of Workers' Compensation will maintain a list on its website
					 (
www.dwc.ca.gov/EAMS
) of uniform names
					 and mailing addresses and preferred method of service for the following
					 entities: claims administrators' offices, and representatives'
					 offices.
(2) Additions for new
					 claims administrators' offices and representatives' offices and changes of
					 name, location or address, telephone number, fax number, e-mail address or
					 preferred method of service shall be registered by the entity requesting the
					 change with the Central Registration Unit.
(A)
					 The entity requesting the change must fax or e-mail a letter on letterhead with
					 a signature from an authorized individual requesting the change to the Division
					 of Workers' Compensation's Central Registration Unit within five business days
					 of any change. The entity shall also advise all parties of any change of name,
					 mailing address, or telephone number by furnishing the current information
					 within five business days of any change.
(B) The fax number for the Central
					 Registration Unit is: 1 (888) 822-9309. The e-mail address for the Central
					 Registration Unit is: cru@dir.ca.gov.
(C) The new uniform name or address and
					 preferred method of service will be posted by the Central Registration Unit
					 within ten business days of receipt of the
					 request.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1.2 - Electronic Filing › Section 10205.6 - Designated Preferred Method of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Claims administrators' offices and
					 representatives' offices may designate first class mail, electronic mail or fax
					 as their preferred method of service for receiving documents from the district
					 office and the appeals board. The designated method of service shall be the
					 same for all active cases for that claims administrator's office or
					 representative's office. A party, a lien claimant, or an attorney or other
					 representative for a party or lien claimant who does not or cannot designate a
					 preferred method of service shall be served by first class mail.
(b) A represented party, a lien claimant, or
					 an attorney or other representative for a party or lien claimant may agree with
					 any other represented party, lien claimant, or attorney or other representative
					 for a party or lien claimant that any method of service may be utilized for
					 receiving documents between the parties to the agreement. If such an agreement
					 is made, service pursuant to the agreement shall constitute valid service.
					 Absent such an agreement, service between these parties or entities shall be
					 made by first class mail.
(c) If
					 the service is being made by or on an unrepresented injured worker,
					 unrepresented dependent or unrepresented uninsured employer, then the service
					 shall be made by first class mail.
1.
						Renumbering of former section
						10218 to new section
						10205.6, including amendment of
						NOTE, filed 12-10-2012 as a change without regulatory effect pursuant to
						section 100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Section
						  126, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 1.2 - Electronic Filing › Section 10205.7 - Failure to Comply with the Electronic Adjudication Management System Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a document
					 is not filed in compliance with the Administrative Director's rules, either
					 because it does not comply with the procedural requirements or with the place
					 of filing requirements, the Administrative Director may in his or her
					 discretion take the following actions:
(1)
					 Correct the defect and file the document; or
(2) Notify the filer that the document is not
					 accepted for filing by service of a Notice of Document Discrepancy. The Notice
					 shall state the discrepancy, the date of the attempted filing, and provide the
					 filer with 15 business days from service to cure the discrepancy. If the
					 document is corrected within 15 business days, or at a later date upon a
					 showing of good cause, it shall be deemed filed on the original date the
					 document was submitted.