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 - Procedures for Mediation and Recommendations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Information and Assistance Officer is
					 not bound by technical or formal rules of procedure but may make inquiries into
					 any matter referred to him or her in a manner best suited to protect the rights
					 of all parties and to achieve substantial justice.
(b) When there is a dispute regarding the
					 provision of workers' compensation benefits, the employee, claims administrator
					 or any party may request the Information and Assistance Officer to mediate the
					 dispute. The Information and Assistance Officer will attempt to resolve the
					 dispute by mediation, which may include a conference. The officer shall make
					 appropriate inquiries to determine the contentions of the parties, identify the
					 matters which may prevent amicable resolution, and afford all parties an
					 opportunity to present their positions.
(c) In the event a dispute is not resolved
					 through mediation, the Information and Assistance Officer shall issue a
					 recommendation as soon as possible.
(d) In order to toll the statutes of
					 limitations pursuant to Section
					 5454 of the
					 Labor Code, the Information and Assistance Officer must notify in writing all
					 parties to any misunderstanding, dispute or controversy of the fact that said
					 Information and Assistance Officer has taken under consideration the
					 misunderstanding, dispute or controversy submitted to him or her for a
					 recommendation.
(e) Upon issuing a
					 recommendation, the Officer shall advise the parties of his or her
					 recommendation in a written communication which describes in non-technical
					 terms the nature of the differences, the proposed resolution and the rationale
					 used in arriving at that resolution. The communication shall also advise the
					 parties that the tolling of any applicable statute of limitations will cease 60
					 days after the issuance of the recommendation, and shall further advise the
					 parties of their right to obtain a decision from the appeals board if the
					 recommendation is not accepted by the parties. In the event a party does not
					 accept the recommendation of the Information and Assistance Officer, the party
					 must notify all other parties in writing within 30 days of receipt of the
					 recommendation. Where the Information and Assistance Officer feels that further
					 mediation may resolve the dispute, he or she will notify the parties of the
					 availability of the Information and Assistance Officer to provide such further
					 mediation.
1.
						Amendment of section heading and subsections (b), (c) and (e) 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
						  5453, Labor
						  Code. Reference: Sections
						  5450-
						  5455, Labor
						  Code.