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 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9829 - Information Required from Referral Panelists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each advertiser of workers' compensation referral
						services shall require each medical, legal or non-attorney advisor or
						representative who will receive referrals from the referral service to supply
						the following information in writing, before receiving any referrals:
(a) In the case of all referral panelists,
					 the information required by Section
					 9831.
(b) In the case of all referral panelists, an
					 agreement that the panelist will inform the referral service in writing of any
					 change in the information supplied, within 10 days of the change.
(c) In the case of an attorney, physician or
					 other medical care referral panelist, the date the panelist was licensed to
					 practice in California (if a license is required for that field of practice);
					 that the license is then active and in good standing; and the panelist's
					 specialty area of practice, if any, including the name of any specialty board
					 or certification and date of that certification which the panelist
					 holds.
(d) In the case of a
					 non-attorney advisor or representative, a statement that the panelist is then
					 entitled to appear before the Workers' Compensation Appeals Board.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, 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 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9830 - Information Supplied to Referral Panelists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each advertiser of workers' compensation referral
						services shall give each referral panelist a copy of each advertisement it will
						use to refer clients to the panelist, on or before the date the advertisement
						is published. The advertiser shall notify the panelist in writing, with the
						copy of the advertisement, that the panelist may object to the advertiser's
						using that advertisement to attract or refer clients to the panelist. If a
						panelist notifies the service that (s)he objects to the advertisement, the
						service shall not refer any clients who respond to that advertisement to a
						panelist who objected to it.
The advertiser shall maintain written records of each
						objection to an advertisement, containing a copy of the advertisement, the
						identity of the panelist who objected to it, and the date of the objection.
						During the period any objection is in force to an advertisement then being
						published, the advertiser shall ask each respondent to identify the
						advertisement to which the person is responding, and shall not refer the
						respondent to any panelist who objected to that
						advertisement.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, 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 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9832 - Maintenance of and Access to Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every advertiser shall maintain the following records, at
						its principal place of business in California, of its business of providing
						workers' compensation services:
(a)
					 Complete financial records using generally accepted accounting principles, as
					 defined by the American Institute of Certified Public Accountants and the
					 Financial Standards Board.
(b) A
					 copy of all of its workers' compensation advertisements (whether in print,
					 video or audio media) published within the preceding two years. The records
					 shall include a copy of the advertisement and the dates and places of each
					 publication, including as applicable the name and city of publication of a
					 periodical, or the station call letters and city location of any radio or
					 television station.
(c) Its
					 registration statement required by Section
					 9831.
(d) For workers' compensation referral
					 services, a record of all objections to advertisements as required by Section
					 9830.
(e) For workers' compensation referral
					 services, a single record listing all referral panelists, including each
					 panelist's:
(1) name;
(2) address(es) at which (s)he will consult
					 with clients;
(3) profession,
					 professional license number and state of issuance;
(4) if the panelist works for a business, the
					 name of the business and his status with it (owner, employee or independent
					 contractor);
(5) date (s)he became a
					 panelist; and
(6) the date (s)he
					 ended the status as a panelist if applicable.
The service shall update the record to show any change in
						a panelist's status within 10 days of knowledge of the change. The record shall
						continue to list each panelist who ends his status as such, for two years after
						the person's status as a panelist ended.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9833 - Right to Conduct Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Director may investigate any violation
						of this article, of the Workers' Compensation Truth in Advertising Act of 1992
						(Labor Code §§
											5430
et
						seq
.), of Section
						139.43 of the
						Labor Code, or of any other provision of law now or hereafter enacted
						concerning workers' compensation advertising by persons other than attorneys or
						physicians. For this purpose (s)he may employ all rights and remedies possessed
						or delegated under Government Code §§
											11180
et seq.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code; Sections
						  11180-
						  11191,
						  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 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9834 - Order to Produce Documents or Provide Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Director may issue and serve on any
						advertiser, or the advertiser's employees or agents, an order requiring the
						advertiser, employee or agent to provide information, copies and access to any
						information related to workers' compensation advertising subject to regulation
						under this article. The advertiser, employee or agent shall comply with the
						order within the time specified in it. The Administrative Director may serve
						the order by any method reasonably calculated to give notice to the person
						served.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
2. Editorial correction of NOTE (Register 98,
						No. 46).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  133.49(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code; Sections
						  11180-
						  11191,
						  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 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9835 - Compliance Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Administrative Director may issue and serve on any advertiser, or the
					 advertiser's employees or agents, a compliance order requiring the advertiser,
					 employee or agent to cease and desist from committing any violation, or to
					 comply with any requirement, of this article. The Administrative Director may
					 serve the order by any method reasonably calculated to give notice to the
					 person served.
(b) The
					 Administrative Director's order may include, but is not limited to, the
					 following provisions:
(1) an order to stop
					 using an advertisement or to use it only with specified
					 modifications;
(2) an order to
					 advertise or otherwise disseminate corrective information, either by the
					 advertiser at its expense, or by the Administrative Director at the
					 advertiser's expense;
(3) an order
					 to pay the Administrative Director's investigation and enforcement
					 costs.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9836 - Other Remedies; Cumulative Remedies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Director may institute civil
						proceedings against any person for violation of this article or of the statutes
						which may be investigated under this article, or may refer any violation for
						civil, criminal or professional disciplinary proceedings to the Attorney
						General, a district or city attorney, or other authorities having jurisdiction
						of the matter.
The Administrative Director's remedies in this article
						are cumulative and not exclusive, and the exercise of any or all of them is
						discretionary.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, 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 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9837 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
					 aggrieved by an order issued under Sections
					 9834 or
					 9835 may request a hearing before
					 the administrative director or an administrative law judge which shall be shall
					 be held in accordance with the Administrative Procedure Act {Chapter 5,
					 (commencing with Section
					 11500), of Part 1 of Division 3 of
					 Title 2 of the Government Code}, and the administrative director shall have all
					 of the powers granted under that act.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, 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 - Administrative Director-Administrative Rules › Article 8.5 - Employee Information › Section 9880 - Written Notice to New Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every employer shall provide to every new
					 employee, either at the time of hire or by the end of the first pay period, the
					 Written Notice to New Employees concerning the rights, benefits and obligations
					 under worker's compensation law. The content of the notice must be approved by
					 the Administrative Director.
(b)
					 The notice shall be easily understandable. It shall be available in both
					 English and Spanish where there are Spanish-speaking employees.
(c) The notice provided shall be in writing,
					 in non-technical terms and shall include the following information:
(1) The name of the current compensation
					 insurance carrier of the employer at the time of distribution, or when such is
					 the fact, that the employer is self-insured, and who is responsible for claims
					 adjustment;
(2) How to get
					 emergency medical treatment, if needed;
(3) The kind of events, injuries and
					 illnesses covered by workers' compensation;
(4) The injured employee's right to receive
					 medical care;
(5) How to obtain
					 appropriate medical care for a job injury;
(6) The role and function of the primary
					 treating physician;
(7) The rights
					 of the employee to select and change the treating physician pursuant to the
					 provisions of Labor Code Sections
					 4600 to
					 4601, including
					 the right to predesignate a personal physician or medical group;
(8) A form that the employee may use as an
					 optional method for notifying the employer of the name of the employee's
					 "personal physician," as defined by Labor Code Section
					 4600, or
					 "personal chiropractor," as defined by Labor Code Section
					 4601;
(9) The rights of the employee to receive
					 temporary disability indemnity, permanent disability indemnity, supplemental
					 job displacement benefits, and death benefits, as appropriate;
(10) To whom the injuries should be
					 reported;
(11) The existence of
					 time limits for the employer to be notified of an occupational
					 injury;
(12) The protections
					 against discrimination provided pursuant to Section
					 132 a;
(13) The location and telephone number of the
					 nearest information and assistance officer, including an explanation of
					 services available; and
(14) A
					 description about Medical Provider Networks ("MPN") which includes that the
					 employer may be using a MPN, what a MPN is, the predesignation exemption from
					 the MPN, when an employee must begin to use a physician from the MPN, and how
					 to request information about using a MPN.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.5 - Employee Information › Section 9881 - Posting of Notice to Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every employer shall post and keep posted
					 in a conspicuous location frequented by employees during the hours of the
					 workday a Notice to Employees.
(b)
					 The Notice to Employees poster shall be easily understandable. It shall be
					 posted in both English and Spanish where there are Spanish-speaking
					 employees.
(c) The Notice to
					 Employees poster shall include the following information:
(1) The name of the current compensation
					 insurance carrier of the employer, or when such is the fact, that the employer
					 is self-insured, and who is responsible for claims adjustment.
(2) How to get emergency medical treatment,
					 if needed.
(3) Emergency telephone
					 number(s), for hospital, ambulance, police and firefighting services.
(4) The kinds of events, injuries and
					 illnesses covered by workers' compensation.
(5) Advice that the employer may not be
					 responsible for compensation because of an injury due to the employee's
					 voluntary participation in any off-duty recreational, social, or athletic
					 activity that is not a part of the employee's work-related duties.
(6) The injured employee's right to receive
					 medical care.
(7) The rights of the
					 employee to select and change the treating physician pursuant to the provisions
					 of Labor Code Section
					 4600, including
					 the right to predesignate a personal physician or medical group.
(8) The rights of the employee to receive
					 temporary disability indemnity, permanent disability indemnity, supplemental
					 job displacement benefits, and death benefits, as appropriate.
(9) To whom the injuries should be
					 reported.
(10) The existence of
					 time limits for the employer to be notified of an occupational
					 injury.
(11) The protections
					 against discrimination provided pursuant to Labor Code Section
					 132a.
(12) The location and telephone number of the
					 nearest information and assistance officer.
(13) A description about Medical Provider
					 Networks ("MPN") which includes what a MPN is, the predesignation exemption
					 from the MPN, when an employee must begin to use a physician from the MPN, and
					 how to request information about using a MPN. The MPN Contact telephone number,
					 address and, if available, the MPN website address/URL shall be included. The
					 effective date of MPN coverage for the MPN being used by the employer to cover
					 current injuries shall also be stated if the employer is using an
					 MPN.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.5 - Employee Information › Section 9881.1 - Notice to Employees Poster

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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						here to view image
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1. New
						section filed 7-7-2004; operative 8-1-2004 pursuant to Government Code section
						11343.4
						(Register 2004, No. 28).
2. Amendment of section and NOTE filed
						8-9-2010; operative 10-8-2010 (Register 2010, No. 33).
3. Repealer
						and new section filed 8-24-2015; operative 1-1-2016 (Register 2015, No.
						35).
Note: Authority cited: Sections
						  133,
						  138.3,
						  139.6,
						  3550,
						  4603.5 and
						  5307.3, Labor
						  Code. Reference: Sections
						  132(a),
						  139.6,
						  3550,
						  4600,
						  4600.3,
						  4601,
						  4603,
						  4604.5,
						  4616,
						  4656,
						  4658.5,
						  4658.6,
						  5400,
						  5401 and
						  5402, 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 - Administrative Director-Administrative Rules › Article 8.5 - Employee Information › Section 9882 - Written Notice to Injured Employees; Pamphlet Contents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 7-11-89; operative 10-1-89 (Register 89, No.
						28).
2. Repealer filed 7-7-2004; operative 8-1-2004 pursuant to
						Government Code section
						11343.4
						(Register 2004, No. 28).
Note: Authority cited: Sections
						  133,
						  138.3,
						  138.4,
						  139.6, and
						  5402, Labor
						  Code. Reference: Sections
						  132(a),
						  139.5,
						  3600,
						  4600,
						  4601,
						  4650,
						  4658,
						  4700,
						  4701,
						  4702,
						  4703,
						  4401-
						  4411 and
						  5400-
						  5412, 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 - Administrative Director-Administrative Rules › Article 8.5 - Employee Information › Section 9883 - Publication of Information, Approval, Spanish Translation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Insurers, employers or private
					 enterprises may prepare and publish for their use or sale the Notice to
					 Employees poster and/or the Written Notice to New Employees required by this
					 Article upon prior approval of the form and content by the Administrative
					 Director. The Notice to Employees poster and/or Written Notice to New Employees
					 may include a logotype. The addition only of a logotype to a previously
					 approved Notice to Employees poster or Written Notice to New Employees does not
					 require additional approval.
(1) Any published
					 Written Notice to New Employees shall be available in English and Spanish and
					 shall include the information specified in Section
					 9880.
(2) Any published Notice to Employees poster
					 shall be available in English and Spanish, where there are Spanish-speaking
					 employees, and shall include the information specified in Section
					 9881.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.5 - Employee Information › Section 9884 - Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements of this article shall not apply to
						injuries where the employee files an application for adjudication of claim with
						the appeals board.
1. New
						section filed 7-11-89; operative 10-1-89 (Register 89, No. 28).
2.
						Editorial correction to HISTORY 1 (Register 96, No.
						52).
Note: Authority cited: Sections
						  138.4, Labor
						  Code. Reference: Section
						  5402, 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 - Administrative Director-Administrative Rules › Article 9 - Computation of Life Pensions, Tables for [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 9 (section
					 9885) and section filed 1-17-2001;
					 operative 1-17-2001 pursuant to Government Code section
					 11343.4(c)
					 (Register 2001, No. 3).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 10 - Employee Death, Notice of › Section 9900 - Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each employer
					 shall notify the Administrative Director of the death of every employee,
					 regardless of the cause of death, except where the employer has actual
					 knowledge or notice that the deceased employee left a surviving minor
					 child.
(b) Notification shall be
					 made on the Division of Industrial Accidents Form 510, "Notice of Employee
					 Death" (See Section
					 9910).
(c) The Notice of Employee Death shall be
					 filed within 60 days of the employer's notice or knowledge of the employee
					 death.
(d) The employer may forward
					 the "Notice of Employee Death" to his workmen's compensation insurer for
					 subsequent submission to the Administrative Director.
1.
						Amendment of subsection (a) filed 11-9-77; effective thirtieth day thereafter
						(Register 77, No. 46). For prior history, see Register 73, No.
						28.
Note: Authority cited: Sections
						  133,
						  138.2,
						  138.3,
						  139.5,
						  139.6,
						  4603.2,
						  4603.5,
						  5307.1,
						  5307.3,
						  5450-
						  5455, 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 - Administrative Director-Administrative Rules › Article 10 - Employee Death, Notice of › Section 9905 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Notice required in Section
						9900 is incomplete or otherwise
						deficient, the Administrative Director may require a further explanation or
						additional information from the employer, or his insurance
						carrier.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 10 - Employee Death, Notice of › Section 9910 - DIA Form 510: Notice of Employee Death

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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						here to view image
1.
						Amendment filed 7-11-73 as an emergency; effective upon filing. Certificate of
						Compliance included (Register 73, No. 28).
2. Amendment filed
						11-9-77; effective thirtieth day thereafter (Register 77, No.
						46).
3. Repealer and new section filed 8-29-84; effective thirtieth
						day thereafter (Register 84, No. 35).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 10 - Employee Death, Notice of › Section 9914 - Reproduction of Form 510, Notice of Employee Death

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employers and insurers may reproduce DIA
					 Form 510, in which the heading may be rearranged to permit printing of:
(1) The insurance carrier's or employer's
					 name, address and telephone number.
(2) Instructions for forwarding the form and
					 number of copies required.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 10 - Employee Death, Notice of › Section 9918 - Service on Administrative Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Notice of Employee Death, DIA Form 510, shall be
						mailed to the Administrative Director, Division of Industrial Accidents, P. O.
						Box 42400, San Francisco, California 94142.
This P. O. Box is to be used only for the notices
						required in Section
						9900 and not for any other
						functions of the Administrative Director or Division of Industrial
						Accidents.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9920 - Authority. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Article 10.5 (Sections
						9920-9929) filed 11-9-77; effective
						thirtieth day thereafter (Register 77, No. 46).
2. Repealer filed
						10-16-81; effective thirtieth day thereafter (Register 81, No.
						42).
3. Amendment of Article 10.5 heading filed 2-16-95; operative
						2-16-95. Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 95, No. 7).
Note: Authority cited: Sections
						  127,
						  133,
						  138.2,
						  138.3,
						  139.5,
						  139.6,
						  4603.2,
						  4603.5,
						  5307.1,
						  5307.3,
						  5451-
						  5454, 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 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9921 - Operative Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this Article are effective immediately
						upon adoption.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9922 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article is being adopted to implement Section
						139.6 and Article 2.5 of Part 4 of
						Division 4 of the Labor Code by providing that the State, through the Division
						of Workers' Compensation, establish an affirmative impartial service to
						employees, employers, claims administrators, labor unions, medical providers,
						and all others subject to or interested in the workers' compensation laws of
						the State of California. This service shall be provided so that all such
						parties are informed of the provisions of the workers' compensation laws, that
						benefits due are paid promptly, that disputes and misunderstandings are
						resolved informally insofar as possible, and that premature and unnecessary
						litigation be minimized.
1.
						Amendment filed 2-16-95; operative 2-16-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 7).
Note: Authority cited: Sections
						  133,
						  139.6,
						  5307.3 and
						  5450, Labor
						  Code. Reference: Sections
						  5450-
						  5455, 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 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9923 - Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 Labor Code Section
					 139.6, the
					 Administrative Director shall appoint a person or persons thoroughly familiar
					 with the Workers' Compensation Program in California to be responsible for
					 informing the general public, labor unions, employees, employers, claims
					 administrators, medical providers and all other interested parties of the
					 rights, benefits and obligations of the workers' compensation law, including
					 the creation and existence of the Information and Assistance Program.
(b) In each district office of the Division
					 of Workers' Compensation (Workers' Compensation Appeals Board) and at the
					 Division headquarters the Administrative Director shall appoint an Information
					 and Assistance Officer, and such Deputy Information and Assistance Officers as
					 the work of the district office and headquarters may require. The
					 Administrative Director shall provide office facilities and clerical support
					 appropriate to the functions of such Information and Assistance
					 Officer.
1.
						Amendment filed 2-16-95; operative 2-16-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 7).
Note: Authority cited: Sections
						  133,
						  139.6,
						  5307.3 and
						  5450, Labor
						  Code. Reference: Sections
						  5450-
						  5455, 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 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9924 - Scope of Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Information and Assistance Officer shall be
						responsible for the performance of the following duties:
(a) Provide continuing information concerning
					 the rights, benefits and obligations under the workers' compensation laws of
					 the State of California to employees, employers, medical providers, claims
					 administrators and other interested parties.
(b) Assist in the prompt resolution of
					 misunderstandings, disputes, and controversies arising out of claims for
					 compensation, without formal proceedings, to the end that full and timely
					 compensation benefits are furnished.
(c) Distribute such information pamphlets in
					 English, Spanish and other languages as needed that have been prepared and
					 approved by the Administrative Director to all inquiring employees and to such
					 other parties that may request copies of the same.
(d) Establish and maintain liaison with the
					 persons located in the geographic area served by the district office, with
					 other affected State agencies, with organizations representing employees,
					 employers, claims administrators and the medical community.
(e) Discharge such other duties consistent
					 with the purposes of this Article as from time to time may be delegated by the
					 Administrative Director.
1.
						Amendment of subsections (a), (c) and (d) filed 2-16-95; operative 2-16-95.
						Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 95, No. 7).
Note: Authority cited: Sections
						  133,
						  139.6,
						  5307.3 and
						  5451, Labor
						  Code. Reference: Sections
						  5450-
						  5455, 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 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9925 - Use of Other Division Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In undertaking his or her duties, the Information and
						Assistance Officer may use the services of the Industrial Medical Council, the
						Disability Evaluation Unit, the Rehabilitation Unit, the Audit Unit and any
						other unit or units of the Division of Workers' Compensation available to aid
						in the resolution of disputes.
Copies of medical reports, permanent disability rating
						evaluations, earnings data and other pertinent information obtained by the
						Information and Assistance Officer shall be furnished to all parties involved
						in a dispute.
1.
						Amendment filed 2-16-95; operative 2-16-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 7).
Note: Authority cited: Sections
						  133,
						  136.6,
						  5307.3 and
						  5451, Labor
						  Code. Reference: Sections
						  5450-
						  5455, 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 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9926 - Referrals to a Qualified Medical Evaluator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the submission of a matter to an Information and
						Assistance Officer, the Officer, with the agreement of a party to pay the cost
						and with the consent of an unrepresented employee, may request that the
						Administrative Director direct the injured employee to be examined by a
						Qualified Medical Evaluator selected by the Medical Director, within the scope
						of the qualified medical evaluator's professional training, for the purpose of
						addressing any pertinent clinical question other than those issues specified in
						Labor Code Section
						4061.
1.
						Amendment of section heading and section filed 2-16-95; operative 2-16-95.
						Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 95, No. 7).
Note: Authority cited: Sections
						  133,
						  139.6,
						  5307.3,
						  5451 and
						  5703.5(b),
						  Labor Code. Reference: Sections
						  5450-
						  5455, 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 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9928.1 - Procedures for Asbestos Workers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When consulted by an asbestos worker or his/her
						representative, the Information and Assistance Officer shall aid the worker in
						procuring those records, reports and other information which are necessary for
						the identification to responsible employers and insurance carriers, and in
						obtaining information required by the Asbestos Workers' Account before payments
						may be made pursuant to Section
						4406.
1. New
						section filed 10-16-81; effective thirtieth day thereafter (Register 81, No.
						42).
Note: Authority cited: Sections
						  5307.3 and
						  5451, Labor
						  Code. Reference: Sections
						  139.6,
						  4410 and
						  5451, 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 - Administrative Director-Administrative Rules › Article 10.5 - Operation of the Information and Assistance Program of the Division of Workers' Compensation › Section 9929 - Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
					 otherwise provided by this Section or by Section
					 5452 of the
					 Labor Code, no fees or costs shall be charged to any party for services
					 provided by the Division of Industrial Accidents under this Article.
(b) If the employee is represented, such
					 representative may request that the Information and Assistance Officer refer
					 the matter to a Workers' Compensation Judge for the determination of the value
					 of the services of such representative. The Information and Assistance Officer
					 shall, thereafter, refer such request to the Presiding Judge of the office
					 which has jurisdiction over the claim.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 12 - Copy Service and Electronic Transaction Rates › Section 9980 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article:
(a) "Additional set of records" means a copy
					 of the initial set of records obtained by the copy service provider.
(b) "Authorization" means a written release
					 to obtain records, signed and dated by the injured worker, or the injured
					 worker's representative if the injured worker is a minor, incompetent, or
					 deceased, which contains the following information:
(1) The specific uses and limitations on the
					 types of information to be disclosed;
(2) The name of the person or entity that may
					 disclose the information;
(3) The
					 name of the person or entity authorized to receive the information;
(4) The specific date after which the
					 provider is no longer authorized to disclose the information; and
(5) A notice advising the person signing the
					 authorization of the right to receive a copy of the
					 authorization.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 12 - Copy Service and Electronic Transaction Rates › Section 9981 - Bills for Copy Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This article applies to services provided on and after July 1, 2015, regardless
					 of date of injury.
(b) Bills for
					 copy and related services must specify the services provided and include:
(1) The individual's or entity's provider tax
					 identification number, professional photocopier registration number, county of
					 registration, and date of billing;
(2) The injured worker's name, claim number,
					 and Workers' Compensation Appeals Board case number (if applicable);
					 and
(3) The source of the
					 information, the type of records produced, the date of service, a description
					 of the billed services, the number of pages produced, and a statement that the
					 services described in the bill are neither related to nor the result of a
					 violation of Labor Code section
					 139.32.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 12 - Copy Service and Electronic Transaction Rates › Section 9982 - Allowable Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This schedule covers copy and related services for records relevant to an
					 injured worker's claim, except contracted services.
(b) If the claims administrator fails to
					 serve records in the employer's or insurer's possession requested by an injured
					 worker or his or her representative within the time frames set forth in Labor
					 Code section
					 5307.9, or
					 fails to serve a copy of any subsequently-received medical report or
					 medical-legal report within the timeframes set forth in section
					 10635, this schedule applies to
					 obtaining those records.
(c) If the
					 claims administrator fails to provide written notice, pursuant to Labor Code
					 section
					 4055.2, to the
					 injured worker of records which they are seeking by subpoena, this schedule
					 applies to obtaining those records.
(d) There will be no payment for copy and
					 related services that are:
(1) Provided
					 within 30 days of a written request by an injured worker or his or her
					 authorized representative to an employer, claims administrator, or workers'
					 compensation insurer for copies of records in the employer's, claims
					 administrator's, or workers' compensation insurer's possession that are
					 relevant to the employee's claim.
(2) Provided by any person or entity which is
					 not a registered professional photocopier.
(3) Provided by a medical provider, or by an
					 agent of the provider, when the requesting party has employed a professional
					 photocopier to obtain the records.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 12 - Copy Service and Electronic Transaction Rates › Section 9983 - Rates for Copy and Related Services (Prior to July 15, 2022)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The reasonable maximum rates payable for
					 copy and related services, for dates of service prior to July 15, 2022, are as
					 follows:
(1) A $180.00 flat rate, for an
					 initial set of records, from a single custodian of records, which includes, but
					 is not limited to, mileage, postage, pickup and delivery, phone calls, repeat
					 visits to the record source and records locators, page numbering, witness costs
					 for delivery of records, check costs, costs charged by a third party for the
					 retrieval and return of records held offsite by the third party, service of the
					 subpoena, shipping and handling, and subpoena preparation.
(A) Release of information services of
					 witness costs for retrieval and return of physical records held offsite by a
					 third party are governed by Evidence Code section
					 1563.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 12 - Copy Service and Electronic Transaction Rates › Section 9984 - Rates for Copy and Related Services (on and After July 15, 2022)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The reasonable
					 maximum rates payable for copy and related services, for dates of service on
					 and after July 15, 2022, are as follows:
(1) A
					 $230.00 flat rate, for an initial set of records, from a single custodian of
					 records, which includes, but is not limited to, mileage, postage, pickup and
					 delivery, phone calls, repeat visits to the record source and records locators,
					 page numbering, witness costs for delivery of records, check costs, costs
					 charged by a third party for the retrieval and return of records held offsite
					 by the third party, service of the subpoena, shipping and handling, and
					 subpoena preparation.
(2) $75.00 in
					 the event of cancellation after a subpoena or request for records by
					 authorization has been issued but before records are produced, or for a
					 Certificate of No Record (CNR). The claims administrator will not be liable for
					 bills submitted under this subdivision unless:
(A) The bill submitted for cancellation
					 includes a copy of the request for records containing the date of the request
					 and identity of the requesting party, and a copy of the cancellation order
					 containing the date of cancellation and identity of the cancelling
					 party.
(B) The bill submitted for
					 CNR includes a copy of the request for records containing the date of the
					 request and identity of the requesting party, and a copy of the CNR containing
					 the date of the certificate.