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 - Consultative Ratings Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Disability Evaluation Unit will
				  prepare consultative rating determinations upon request of the appeals board,
				  workers' compensation administrative law judges, settlement conference
				  referees, arbitrators, workers' compensation judges pro tempore and information
				  & assistance officers.
(b)
				  Consultative rating determinations may be requested for the purpose of
				  determining the ratable significance of factors, reviewing proposed compromise
				  and release agreements for adequacy, determining commuted values, resolving
				  occupational questions or any other matters within the expertise of the
				  disability evaluators. Consultative Rating Determinations will not be
				  admissible in judicial proceedings.
(c) The Disability Evaluation Unit may also
				  prepare consultative rating determinations upon receipt of reasonable requests
				  from employers, injured workers or their respective representatives. A request
				  is not considered reasonable where an insurance carrier or self-insurer seeks a
				  consultative rating determination for the purpose of terminating its liability
				  or for negotiating a compromise and release settlement where the injured worker
				  has no representative. Consultative rating determinations shall not to be used
				  as a substitute for summary rating determinations.
(d) In all cases the person making a request
				  for a consultative rating determination will provide the Disability Evaluation
				  Unit with the occupation and age of the injured worker at the time of
				  injury.
(e) No consultative rating
				  determination will be provided on cases in which an application for
				  adjudication of claim has been filed with the appeals board without prior
				  written authorization of the Appeals Board, a workers' compensation
				  administrative law judge, settlement conference referee, arbitrator, workers'
				  compensation judge pro tempore, or information & assistance officer. In
				  cases where an application has been filed, the disability evaluator may require
				  that any request for consultative rating determination be accompanied by the
				  appeals board file.
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 filed 1-28-94; operative 1-28-94. Submitted to OAL for
					 printing only pursuant to Government Code section
					 11351
					 (Register 94, No. 4).
3. Amendment of section heading and 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.