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 1.3 - Public Disability Accommodations › Section 9708.6 - Appeal Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A requestor may seek review of an
					 accommodation decision within 15 calendar days of the date the accommodation
					 decision is received.
(b) A
					 requestor seeking review of an accommodation decision shall submit a request to
					 the Division's Statewide Disability Coordinator setting forth the disability
					 accommodation requested, the accommodation decision to be reviewed, and the
					 reasons for review, with any relevant documentation provided.
(c) The Division's Administrative Director or
					 a designee shall issue a decision within 30 calendar days from the date the
					 request for review is received.
(d)
					 If circumstances require a more expedited review, a request to expedite the
					 review process shall be submitted to the Division's Statewide Disability
					 Coordinator along with the appeal requirements under section (b) within five
					 calendar days of the date the accommodation decision was received and before
					 any pending proceeding is scheduled for which the accommodation is requested.
					 The request shall include a detailed explanation of the justification for an
					 expedited review, the time frame requested, and the reasons for the appeal,
					 with any relevant documentation provided. The Division will address the appeal
					 and issue a decision no later than 15 calendar days from the date the requested
					 for expedited review was received.
1. New
						section filed 1-19-2012; operative 2-18-2012 (Register 2012, No.
						3).
Note: Authority: Sections
						  111(a),
						  133 and
						  5307.3, Labor
						  Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  51,
						  54 and
						  54.1, Civil
						  Code; Sections
						  11135 and
						  11351(c),
						  Government Code; and 42 USC
						  Sections 12101,
						  12132 and
						  12133.
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 1.5 - Receipt of Salary by Workers' Compensation Administrative Law Judge › Section 9710 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rules and regulations contained in Article 1.5 are
						adopted pursuant to the authority contained in Sections
						123,
						123.5(a)
						and
						133 of the
						California Labor Code.
1. New
						Article 1.5 (Sections
						9710-9715) filed 1-16-81; effective
						thirtieth day thereafter (Register 81, No. 3).
2. Amendment of
						article heading, section and NOTE filed 1-12-99; operative 2-11-99 (Register
						99, No. 3).
Note: Authority cited: Sections
						  123,
						  123.5(a)
						  and
						  133, Labor
						  Code. Reference: Sections
						  123.5(a)
						  and
						  5313, 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 1.5 - Receipt of Salary by Workers' Compensation Administrative Law Judge › Section 9711 - Operative Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this Article shall first apply to cases
						submitted after January 1, 1981, and the affidavit shall first be required for
						the April 1981 pay period. For the purposes of this Article, all cases
						submitted prior to January 1, 1981 shall be deemed to have been submitted on
						January 2, 1981.
1. New
						NOTE filed 1-12-99; operative 2-11-99 (Register 99, No.
						3).
Note: Authority cited: Sections
						  123,
						  123.5(a)
						  and
						  133, Labor
						  Code. Reference: Sections
						  123.5(a)
						  and
						  5313, 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 1.5 - Receipt of Salary by Workers' Compensation Administrative Law Judge › Section 9712 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this Article and Section
						123.5(a)
						of the Labor Code, the following definitions shall apply:
(a) "Salary" shall include ordinary pay, but
					 shall not include sick leave pay, industrial disability leave or non-industrial
					 disability insurance substantiated by a physician's report.
(b) "Cause" shall mean a cause of action
					 arising out of the substantive rights, liabilities and duties provided for in
					 Sections 132(a) and
					 139.5, and in Divisions 4 and 4.5
					 of the Labor Code which is pending before a Workers' Compensation
					 Administrative Law Judge for decision. "Cause" shall not include Compromise and
					 Release agreements, Stipulations with Request for Award, or petitions and
					 motions which have been filed ex parte and are not part of a submission ordered
					 by a Workers' Compensation Administrative Law Judge.
(c) "Pending and Undetermined" means that the
					 Workers' Compensation Administrative Law Judge's decision has not been filed in
					 the record.
(d) "Submitted" means
					 the closing of the record for the receipt of further evidence or
					 argument.
1.
						Amendment of section and new NOTE filed 1-12-99; operative 2-11-99 (Register
						99, No. 3).
Note: Authority cited: Sections
						  123,
						  123.5(a)
						  and
						  133, Labor
						  Code. Reference: Sections
						  123.5(a)
						  and
						  5313, 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 1.5 - Receipt of Salary by Workers' Compensation Administrative Law Judge › Section 9713 - Receipt of Salary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Workers' Compensation Administrative Law Judge may not
						receive his or her salary while any cause before the Workers' Compensation
						Administrative Law Judge remains pending and undetermined for ninety (90) days
						after it has been submitted for decision.
1.
						Amendment of section and new NOTE filed 1-12-99; operative 2-11-99 (Register
						99, No. 3).
2. Governor Newsom issued Executive Order N-63-20 (2019
						CA EO 63-20), dated May 7, 2020, which extended certain deadlines related to
						the filing of Workers' Compensation decisions, due to the COVID-19
						pandemic.
Note: Authority cited: Sections
						  123,
						  123.5(a)
						  and
						  133, Labor
						  Code. Reference: Sections
						  123.5(a)
						  and
						  5313, 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 1.5 - Receipt of Salary by Workers' Compensation Administrative Law Judge › Section 9714 - Procedures for Compliance with Labor Code Section 123.5(a)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to receive his or her salary for
					 each pay period, at some time before 5:00 p.m. on the last working day of each
					 State payroll period, the Workers' Compensation Administrative Law Judge shall
					 submit to the Division of Workers' Compensation an affidavit based upon
					 information and belief in the form prescribed by Section
					 9714.5, and executed under penalty
					 of perjury, declaring that no cause submitted before him or her remains pending
					 and undetermined for a period of ninety (90) days or more.
(b) When a Workers' Compensation
					 Administrative Law Judge who receives salary by automatic direct deposit does
					 not timely submit the affidavit required by subsection (a), he or she shall,
					 before 5:00 p.m. on the next working day following the direct deposit of salary
					 into his or her account, deliver to the Presiding Workers' Compensation
					 Administrative Law Judge of the district office to which the judge is assigned
					 a money order or cashier's check for the amount of salary automatically
					 deposited.
1.
						Amendment of section heading and section and new NOTE filed 1-12-99; operative
						2-11-99 (Register 99, No. 3).
2. Amendment of subsection (a) and
						NOTE filed 5-23-2001; operative 6-22-2001 (Register 2001, No.
						21).
3. Governor Newsom issued Executive Order N-63-20 (2019 CA EO
						63-20), dated May 7, 2020, which extended certain deadlines related to the
						filing of Workers' Compensation decisions, due to the COVID-19
						pandemic.
Note: Authority cited: Section
						  133, Labor
						  Code. Reference: Sections
						  123.5(a)
						  and
						  5313, 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 1.5 - Receipt of Salary by Workers' Compensation Administrative Law Judge › Section 9714.5 - Affidavit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Department of Industrial Relations
Division of Workers' Compensation
Workers' Compensation Appeals Board
AFFIDAVIT(Labor Code Section
						123.5(a))
I, ______________________________, (Name) Workers'
						Compensation Administrative Law Judge in the ______________________________
						(City) office of the Division of Workers' Compensation/Workers' Compensation
						Appeals Board, Department of Industrial Relations, State of California, declare
						that I have made a reasonable and diligent inquiry concerning those matters
						submitted to me, and based on information and belief, state that no cause
						remains pending and undetermined that has been submitted to me for the period
						of ninety (90) days prior to the first day of ____________________ (Date),
						20_____ (Year). Executed on ____________________(Date) at
						______________________________ (City), California. I declare under penalty of
						perjury that the foregoing is true and correct.
___________________________
(Signature)
Workers' Compensation Administrative Law
								Judge
1.
						Amendment filed 1-12-99; operative 2-11-99 (Register 99, No. 3).
2.
						Amendment of section and new NOTE filed 5-23-2001; operative 6-22-2001
						(Register 2001, No. 21).
3. Governor Newsom issued Executive Order
						N-63-20 (2019 CA EO 63-20), dated May 7, 2020, which extended certain deadlines
						related to the filing of Workers' Compensation decisions, due to the COVID-19
						pandemic.
Note: Authority cited: Section
						  133, Labor
						  Code. Reference: Sections
						  123.5(a)
						  and
						  5313, 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 1.5 - Receipt of Salary by Workers' Compensation Administrative Law Judge › Section 9715 - Procedures for Submitting a Cause for Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Minutes of Hearing must be prepared at the conclusion of
						each hearing and filed in the record. Workers' Compensation Administrative Law
						Judges are to follow the provisions of Rules of Practice and Procedure Section
						10566. Each set of minutes must
						include a disposition which includes the time and action, if any, required for
						submissions.
Thereafter, any change in or modification of the
						disposition must be served on all parties forthwith, together with the
						statement of the reasons for the change of disposition.
A hearing has not been concluded if the disposition
						includes an order taking off calendar or an order of continuance for further
						hearing with or without notice. Continuances and further hearings are governed
						by Rules of Practice and Procedure Sections
						10548 and
						10560.
1.
						Amendment of first paragraph and new NOTE filed 1-12-99; operative 2-11-99
						(Register 99, No. 3).
Note: Authority cited: Sections
						  123,
						  123.5(a)
						  and
						  133, Labor
						  Code. Reference: Sections
						  123.5(a)
						  and
						  5313, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9720.1 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rules and regulations contained in Article 1.6 are
						adopted pursuant to the authority contained in Sections
						123.6,
						133, and
						5307.3 of the
						Labor Code. This article is designed to enforce the highest ethical standards
						among workers' compensation administrative law judges and to provide all
						parties with an independent, impartial investigation into allegations of ethics
						violations by workers' compensation administrative law
						judges.
1. New
						article 1.6 and section filed 11-30-95; operative 12-1-95. Submitted to OAL for
						printing only pursuant to Government Code section
						11351
						(Register 95, No. 48).
2. Amendment of article heading and section
						filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.1 - Code of Judicial Ethics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every workers' compensation administrative law judge
						shall abide by the Code of Judicial Ethics.
1. New
						section filed 11-30-95; operative 12-1-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 48).
2. Amendment of section heading and section
						filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.2 - Gifts, Honoraria and Travel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No workers' compensation administrative
					 law judge shall accept any gift or favor, the acceptance of which is prohibited
					 by the Code of Judicial Ethics, or the transmission of which is prohibited by
					 the Rules of Professional Conduct of the State Bar of California.
(b) No workers' compensation administrative
					 law judge shall accept gifts from any single source in any calendar year with a
					 total value of more than the greater of three hundred ninety dollars ($390) and
					 the amount specified for that year in regulations of the Fair Political
					 Practices Commission interpreting Government Code §
											89503
					 (currently Title 2, Regulation §
											18940.2). This section shall not be
					 construed to authorize the receipt of gifts that would otherwise be prohibited
					 by the Code of Judicial Ethics, Government Code section
					 19990, the
					 Political Reform Act of 1974 and any amendment thereto, the Rules of
					 Professional Conduct of the State Bar of California, or any other provision of
					 law.
(c) The limitation of
					 subdivision (b) shall not apply to or limit the following:
(1) Payments, advances, or reimbursements for
					 travel and related lodging and subsistence described in subdivision
					 (d).
(2) Wedding gifts and gifts
					 exchanged between individuals on birthdays, holidays and other similar
					 occasions, provided that the gifts exchanged are not substantially
					 disproportionate in value.
(3) A
					 gift from any person whose pre-existing relationship with a judge would
					 disqualify the judge under the Code of Judicial Ethics from hearing a case
					 involving that person.
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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.11 - Requirement for Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A judge shall disclose to all parties or attorneys in a
						case, at the time the judge first becomes aware of the existence of the facts,
						any and all of the following:
(a) That
					 the judge served as a lawyer for a party at any time within the three years
					 before being assigned to the case. "Serving as a lawyer" includes having
					 interviewed a prospective client and learned confidential information, although
					 the judge did not become a lawyer for the prospective client. A judge shall use
					 the resources reasonably available to the judge to ascertain the identity of
					 the judge's former clients.
(b)
					 That the judge provided legal advice on the specific issue presently at bar to
					 a party involved in the instant action or proceeding.
(c) That within the past two years, a party,
					 officer, director, or trustee of a party was a client of the judge or of a
					 lawyer with whom the judge was associated in private practice, as an employee
					 or on a contract basis.
(d) That a
					 lawyer, associate of the lawyer in private practice, or spouse of a lawyer in
					 the proceeding is a spouse, former spouse, child, sibling, or parent of the
					 judge or of the judge's spouse.
(e)
					 That the judge has, as a lawyer or public official, participated in the
					 drafting of enacted laws or actively participated in the effort to pass or
					 defeat laws, the meaning, effect, or application of which is in issue in the
					 proceeding. "Actively participated" means the judge has engaged in lobbying, or
					 made other substantial efforts to change law. Mere membership in an
					 organization which advocates or has advocated change in law does not constitute
					 active participation.
(f) Any
					 information that the workers' compensation administrative law judge believes
					 would be relevant to the issue of disqualification, such that a person aware of
					 the facts might reasonably entertain a doubt as to the workers' compensation
					 administrative law judge's ability to be impartial.
(g) Any situation known to the judge,
					 disclosure of which is required by the Code of Judicial Ethics.
(h) That the judge has a disputed workers'
					 compensation claim against a party.
1. New
						section filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.13 - What Are Not Grounds for Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following factors do not in themselves disqualify a
						judge:
(a) That the judge is or is not
					 a member of a racial, ethnic, religious, gender, or sexual orientation
					 classification, and the proceedings involve the rights of a person of the same
					 classification.
(b) That the judge
					 has, in any capacity, expressed a view on a legal or factual issue presented in
					 the proceeding, except if the judge has formed or expressed an unqualified
					 opinion or belief as to the merits of the particular action before the
					 judge.
(c) That the judge has a
					 policy of insurance with an insurance company that is a party or is a carrier
					 of a party in the proceeding, unless the judge also has a pending claim or
					 dispute with the insurance company.
(d) That the judge has a currently disputed
					 or recently finalized workers' compensation claim against a party.
1. New
						section filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.14 - Manner of Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Facts or circumstances which are required
					 to be disclosed pursuant to §
											9721.11 or §
											9721.12, except for those which
					 must be disclosed pursuant to subdivision (a) of §
											9721.11, shall be disclosed on the
					 record.
(b) Facts or circumstances
					 which are required to be disclosed pursuant to subdivision (a) of §
											9721.11 may be disclosed by the
					 judge by providing a list of former clients. The posting in the courtroom of a
					 list of the judge's former clients will satisfy this requirement as to former
					 clients who were not employee workers' compensation claimants. A judge shall
					 not post a list of former clients who were employee workers' compensation
					 claimants, but shall make a list available to the parties in a case, and shall
					 disclose the availability of the list.
1. New
						section filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.31 - Financial Interests in Educational Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A workers' compensation administrative
					 law judge may not have an ownership interest in, nor may the workers'
					 compensation administrative law judge receive a percentage of revenue or any
					 other contingent economic interest relating to, educational programs servicing
					 the workers' compensation community.
(b) As used in this section, "percentage of
					 revenues or any other contingent financial interest" does not include:
(1) Usual and customary royalties or
					 residuals paid by commercial publishers in the normal course of business,
					 provided that the publisher does not appear before the workers' compensation
					 administrative law judge in question.
(2) Usual and customary royalties or
					 residuals earned by a workers' compensation administrative law judge who
					 self-publishes or owns the company that publishes his or her work, provided
					 that the book is not available for purchase or delivery at any office of the
					 Division of Workers' Compensation and is not sold or distributed by any
					 Division of Workers' Compensation employee on behalf of the workers'
					 administrative law judge. Any workers' compensation administrative law judge
					 who self-publishes or owns the company that publishes his or her work has the
					 responsibility to submit to the Court Administrator, or his or her designee,
					 for approval a proposed plan that complies with this subdivision. If there is
					 no Court Administrator, then the workers' compensation administrative law judge
					 shall submit the proposed plan to the Administrative
					 Director.
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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.32 - Duty to Report Ethics Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When circumstances warrant, a workers' compensation
						administrative law judge shall take or initiate appropriate corrective action,
						which may include reporting to the appropriate authority, in respect to a
						workers' compensation administrative law judge, lawyer, party, or other person
						who engages in unprofessional, fraudulent or other improper conduct of which
						the workers' compensation administrative law judge becomes aware through
						personal knowledge or based upon information the judge reasonably believes to
						be competent and reliable.
1. New
						section filed 11-30-95; operative 12-1-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 48).
2. Amendment of section heading and section
						filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9721.33 - Previously Earned Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Workers' Compensation Administrative Law Judge may
						receive previously earned compensation.
1. New
						section filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9722 - The Workers' Compensation Ethics Advisory Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be a Workers' Compensation
					 Ethics Advisory Committee consisting of nine members appointed by the
					 Administrative Director or by his/her designee:
(1) a member of the public representing
					 organized labor,
(2) a member of
					 the public representing insurers,
(3) a member of the public representing
					 self-insured employers,
(4) an
					 attorney who formerly practiced before the Workers' Compensation Appeals Board
					 and who usually represented insurers or employers,
(5) an attorney who formerly practiced before
					 the Workers' Compensation Appeals Board and who usually represented
					 applicants,
(6) a presiding
					 workers' compensation administrative law judge,
(7) a workers' compensation administrative
					 law judge or retired workers' compensation administrative law judge,
(8) and (9) two members of the public outside
					 the workers' compensation community.
Members shall serve for a term of four years. However, to
						create staggered terms, the first term of members in odd-numbered categories
						above shall be two years. The Administrative Director shall designate a
						chairperson.
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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9722.1 - Commencing an Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person may file a complaint
					 concerning an ethics violation by a workers' compensation administrative law
					 judge with the Committee. The Committee or the Administrative Director may
					 require complaints to be filed in a particular form. Nothing in these
					 regulations prohibits any person from complaining directly to a presiding
					 workers' compensation administrative law judge, the Chief Judge, the Court
					 Administrator or to the Administrative Director. The presiding workers'
					 compensation administrative law judge, the Chief Judge, and Court Administrator
					 or the Administrative Director may, but is not required to, refer such
					 complaints to the Committee.
(b)
					 The Committee shall review the complaint. The Committee may make inquiries to
					 obtain information needed to clarify the complaint and/or to obtain additional
					 information necessary to determine if the complaint might have merit.
(c) If the Committee determines that the
					 complaint does not allege facts that might constitute an ethics violation, or
					 if the complaint is merely conjectural or conclusory, specious, obviously
					 unfounded, or stale, or alleges only legal error by the workers' compensation
					 administrative law judge, the Committee shall forward the complaint to the
					 Administrative Director or Court Administrator with a recommendation not to
					 proceed with the complaint.
(d) If
					 the Committee determines that the complaint might have merit, the Committee
					 shall refer the complaint to the Administrative Director or Court
					 Administrator. Complaints against the Administrative Director or Court
					 Administrator shall be referred to the Director of Industrial
					 Relations.
(e) Except as otherwise
					 provided in subdivision (c) of section
					 9722.2, reports and recommendations
					 of the Committee regarding individual complaints shall remain
					 confidential.
1. New
						section filed 11-30-95; operative 12-1-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 48).
2. Amendment filed 8-25-2008; operative
						9-24-2008 (Register 2008, No. 35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9722.2 - Investigation and Action by the Administrative Director or Court Administrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receiving a complaint from the
					 Committee, the Administrative Director or Court Administrator shall investigate
					 whether a workers' compensation administrative law judge has committed an
					 ethics violation.
(b) If the
					 Administrative Director or Court Administrator determines after investigation
					 that misconduct has occurred, he or she shall take appropriate disciplinary or
					 other action against the workers' compensation administrative law judge. The
					 Administrative Director's or Court Administrator's action shall be in the form
					 required by Government Code section
					 19574 or
					 section 19590(b), or other
					 applicable laws governing the ethics violation.
(c) The Administrative Director or Court
					 Administrator shall provide the Committee with a copy of his or her decision
					 and shall inform the complaining party whether an ethical violation occurred,
					 and whether corrective action was taken.
1. New
						section filed 11-30-95; operative 12-1-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 48).
2. Amendment of section heading and section
						filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
						35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9723 - Miscellaneous Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article does not replace or diminish
					 the procedural rights of a workers' compensation administrative law judge under
					 the State Civil Service Act. Documentation of unfounded or unsubstantiated
					 complaints shall not be retained in the employee's personnel file.
(b) This article does not replace or diminish
					 the authority of the Administrative Director or Court Administrator to
					 investigate allegations of ethics violations, to impose appropriate discipline,
					 or to take any other action authorized by law.
(c) Nothing in this article shall affect the
					 rights and obligations of the Administrative Director or Court Administrator
					 and workers' compensation administrative law judges concerning the probationary
					 period under Government Code sections
					 19170
					 through
					 19180.
(d) Pursuant to Government Code section
					 19574.5,
					 the Administrative Director or Court Administrator may place a workers'
					 compensation administrative law judge on leave of absence pending investigation
					 of the accusations listed in that section.
(e) A workers' compensation administrative
					 law judge or other interested person may request the Administrative Director or
					 Court Administrator to issue an advisory opinion on the application of the Code
					 or other rules to a particular situation. The Administrative Director or Court
					 Administrator may, in his or her sole discretion, issue an advisory opinion.
					 The Administrative Director or Court Administrator may issue an advisory
					 opinion on his or her own initiative.
1. New
						section filed 11-30-95; operative 12-1-95. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 95, No. 48).
2. Amendment filed 8-25-2008; operative
						9-24-2008 (Register 2008, No. 35).
Note: Authority cited: Sections
						  123.6,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  111 and
						  123.6, 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 2 - Disabilities, Description of › Section 9725 - Method of Measurement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The method of measuring physical elements of a disability
						should follow the Report of the Joint Committee of the California Medical
						Association and Industrial Accident Commission, as contained in
						"
Evaluation of Industrial Disability
" edited by Packard
						Thurber, Second Edition, Oxford University Press, New York, 1960. This section
						shall not apply to any permanent disability evaluations performed pursuant to
						the permanent disability rating schedule adopted on or after January 1,
						2005.
1. New
						Subchapter (§§
												9725,
						9727,
						9732,
						9735,
						9738,
						9739,
						9742-9744,
						9750,
						9753,
						9756-9760,
						9770,
						9773,
						9775,
						9778,
						9784,
						9787,
						9790,
						9796,
						9799,
						9802 and
						9805) filed 4-18-66; effective
						thirtieth day thereafter (Register 65, No. 10).
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
						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
						  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 - Administrative Director-Administrative Rules › Article 2 - Disabilities, Description of › Section 9726 - Method of Measurement (Psychiatric)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The method of measuring the psychiatric elements of a
						disability shall follow the Report of the Subcommittee on Permanent Psychiatric
						Disability to the Medical Advisory Committee of the California Division of
						Industrial Accidents, entitled "The Evaluation of Permanent Psychiatric
						Disability," (hereinafter referred to as the "Psychiatric Protocols") as
						adopted, forwarded for adoption on July 10, 1987, and subsequent amendments
						and/or revisions thereto adopted after a public hearing. This section shall not
						apply to any permanent disability evaluations performed pursuant to the
						permanent disability rating schedule adopted on or after January 1,
						2005.
NOTE: The Report (which contains these Protocols) of the
						Subcommittee on Permanent Psychiatric Disability, as adopted, does not appear
						as a printed part of the Administrative Director's Regulations (8 California
						Code of Regulations, Section
						9726); copies will be available
						through the Medical Director of the Division of Industrial
						Accidents.
1. New
						section filed 8-24-87; operative 8-24-87 (Register 87, No. 36). This regulation
						was filed pursuant to Government Code Section
						11351 and
						thus this filing is exempted from compliance with Article 5 (commencing with
						Section 11346), (except subdivision (e) of
						Section 11346.4), Article 6 (commencing
						with Section
						11349), and Article 7 (commencing
						with Section
						11350) of Chapter 3.5 of the
						Government Code. The provisions of Government Code Section
						11343.6
						are not applicable to this filing.
2. Amendment filed 6-30-88;
						operative 7-1-88 (Register 88, No. 28). The amendment was filed pursuant to
						Government Code Section
						11351.
3.
						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.
4. Certificate of Compliance
						as to 12-31-2004 order 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
						  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 - Administrative Director-Administrative Rules › Article 2 - Disabilities, Description of › Section 9727 - Subjective Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subjective Disability should be identified by:
1. A description of the activity which
					 produces the disability.
2. The
					 duration of the disability.
3. The
					 activities which are precluded and those which can be performed with the
					 disability.
4. The means necessary
					 for relief. The terms shown below are presumed to mean the following:
1. A
severe
pain would
					 preclude the activity precipitating the pain.
2. A
moderate
pain could be
					 tolerated, but would cause marked handicap in the performance of the activity
					 precipitating the pain.
3. A
slight
pain could be tolerated, but would cause some handicap
					 in the performance of the activity precipitating the pain.
4. A
minimal
(mild) pain
					 would constitute an annoyance, but causing no handicap in the performance of
					 the particular activity, would be considered as nonratable permanent
					 disability.
This section shall not apply to any permanent disability
						evaluations performed pursuant to the permanent disability rating schedule
						adopted on or after January 1, 2005.
1. New
						last paragraph and new 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.
2. Certificate of Compliance
						as to 12-31-2004 order 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
						  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 - Administrative Director-Administrative Rules › Article 3 - Permanent Disability Ratings and Evaluations [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 3 (sections
					 9732-9766, nonconsecutive) and
					 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).
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 3.5 - Medical Provider Network › Section 9767.2 - Review of Medical Provider Network Application or Plan for Reapproval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 60 days
					 of the Administrative Director's receipt of a complete new application, the
					 Administrative Director shall approve for a four-year period or disapprove a
					 new application based on the requirements of Labor Code section
					 4616 et seq.
					 and this article. An application shall be considered complete if it includes
					 correct information responsive to each applicable subdivision of section
					 9767.3. Pursuant to Labor Code
					 section
					 4616(b),
					 if the Administrative Director has not acted on a new application plan within
					 60 days of submittal of a complete plan, it shall be deemed approved on the
					 61st day for a period of four years.
(b) Within 180 days of the Administrative
					 Director's receipt of a complete plan for reapproval, the Administrative
					 Director shall approve for a four-year period or disapprove the complete plan
					 for reapproval based on the requirement of Labor Code section
					 4616 et seq.
					 and this article. A plan for reapproval shall be considered complete if it
					 includes correct information responsive to each applicable subdivision of
					 section 9767.3. If the Administrative
					 Director has not acted within 180 days of receipt of a complete plan for
					 reapproval, it shall be deemed approved on the 181st day for a period of four
					 years.
(c) The Administrative
					 Director shall provide notification(s) to the MPN applicant:
(1) setting forth the date the MPN
					 application or reapproval plan was received by the Division;
(2) informing the MPN applicant if the MPN
					 application or reapproval plan is not complete and the item(s) necessary to
					 complete the application or reapproval plan; and
(3) if the Administrative Director is aware
					 that the MPN applicant is not eligible to have 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 3.5 - Medical Provider Network › Section 9767.5 - Access Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A MPN must have at least three available
					 physicians of each specialty to treat common injuries experienced by injured
					 employees based on the type of occupation or industry in which the employee is
					 engaged and within the access standards set forth in (1) and (2).
(1) An MPN must have at least three available
					 primary treating physicians and a hospital for emergency health care services,
					 or if separate from such hospital, a provider of all emergency health care
					 services, within 30 minutes or 15 miles of each covered employee's residence or
					 workplace.
(2) An MPN must have
					 providers of occupational health services and specialists who can treat common
					 injuries experienced by the covered injured employees within 60 minutes or 30
					 miles of a covered employee's residence or workplace.