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 1.5 - Injuries on or After January 1, 1990 › Article 6 - Civil Penalty › Section 10114.2 - Affidavits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The written affidavit or declaration of any witness may
						be offered and shall be received into evidence provided that (i) the witness
						was named in a witness list exchanged either through agreement of the parties
						or pursuant to an order issued under section
						10113.5(c), (ii)
						the statement is made by affidavit or by declaration under penalty of perjury,
						(iii) copies of the statement have been delivered to all opposing parties at
						least 20 days prior to the hearing, and (iv) no opposing party has, at least 10
						days before the hearing, delivered to the proponent of the evidence a written
						demand that the witness be produced in person to testify at the hearing. The
						Hearing Officer shall disregard any portion of the statement received pursuant
						to this regulation that would be inadmissible if the witness were testifying in
						person, but the inclusion of inadmissible matter does not render the entire
						statement inadmissible.
1. New
						section filed 12-30-2002; operative 1-1-2003 pursuant to Government Code
						section
						11343.4
						(Register 2003, No. 1).
2. Amendment filed 4-20-2009; operative
						5-20-2009 (Register 2009, No. 17).
Note: Authority cited: Sections
						  59,
						  129,
						  129.5,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  124 and
						  129.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Civil Penalty › Section 10114.3 - Oaths

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any proceedings under this chapter the Administrative
						Director or his designated hearing officer, has power to administer oaths and
						affirmations and to certify to official acts.
1. New
						section filed 12-30-2002; operative 1-1-2003 pursuant to Government Code
						section
						11343.4
						(Register 2003, No. 1).
Note: Authority cited: Sections
						  59,
						  129,
						  129.5,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  124 and
						  129.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Civil Penalty › Section 10114.4 - Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Administrative Director shall issue a written Determination, including a
					 statement of the basis for the Determination, within 60 days of the date the
					 case was submitted for decision. This requirement is directory and not
					 jurisdictional.
(b) The
					 Determination shall be served on the audit subject personally or by registered
					 or certified mail. If the Determination assesses a civil penalty, the
					 Determination shall become final 7 days after the audit subject receives it,
					 and the audit subject shall pay the amount assessed within 30 days after
					 receiving the Determination, but the 30-day period shall be tolled if the audit
					 subject files a timely appeal pursuant to Section
					 10953.
1. New
						section filed 12-30-2002; operative 1-1-2003 pursuant to Government Code
						section
						11343.4
						(Register 2003, No. 1).
Note: Authority cited: Sections
						  59,
						  129,
						  129.5,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  124 and
						  129.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7 - Appeals › Section 10115 - Appeal of Notice of Compensation Due

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An audit subject which has filed a timely Objection under
						California Code of Regulations, title 8, section
						10110 may seek further review of a
						Notice of Compensation Due by filing an appeal with the Workers Compensation
						Appeals Board pursuant to California Code of Regulations, title 8, section
						10952, and serving copies of the
						appeal on the injured worker, any other person to whom the payment is due as
						specified in the Notice of Compensation Due, and the Administrative Director,
						within 15 days of receiving the Notice.
1.
						Relocation and amendment of article heading, renumbering of former section
						10115 to
						10115.2 subsections (i)-(l) and new
						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). For prior history, see Register 90, No. 4.
2.
						Amendment of section and NOTE filed 4-20-2009; operative 5-20-2009 (Register
						2009, No. 17).
Note: Authority cited: Sections
						  59,
						  129.5,
						  133,
						  4603.5,
						  5300 and
						  5307.3, Labor
						  Code. Reference: Sections
						  129,
						  129.5,
						  3207,
						  4550,
						  4600,
						  4621,
						  4636-
						  4638,
						  4639,
						  4701-
						  4703.5,
						  4900 and
						  4902, Labor
						  Code; and California Code of Regulations, title 8, section
						  10952.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7 - Appeals › Section 10115.1 - Appeal of Notice of Penalty Assessment-Filing and Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 7 days
					 after receiving a Notice of Penalty Assessment issued under Labor Code section
					 129.5(a) and
					 (c), the claims administrator may appeal all
					 or a portion of the penalty assessments in the Notice by filing with the
					 Administrative Director and serving the Audit Unit with a request for an
					 appeals conference or a request for a written decision without a
					 conference.
(b) If a request for a
					 written decision or request for appeals conference is not timely filed and
					 served, the Notice of Penalty Assessment will become final 7 days after the
					 claims administrator received it, and must be paid in accordance with Labor
					 Code §
											129.5(d)
					 within 15 days of receipt.
(c) The
					 request shall be in writing in a form specified by the Administrative Director
					 and shall include at least the following information:
(1) The name and address of the person filing
					 the request;
(2) A copy of the
					 Notice of Penalty Assessment which is disputed.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7 - Appeals › Section 10115.2 - Appeal of Notice of Penalty Assessment; Conference Process and Delegation of Authority; Notice of Findings, Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Administrative Director may appoint a
					 designee to conduct the appeal conference.
(b) The conference shall be held at the
					 place, time, and date scheduled unless, upon a showing of good cause, a
					 continuance has been granted. Notice of the conference date will be provided to
					 the parties no late than thirty days before the conference.
(c) The appeals conference is an informal
					 hearing in which the parties are given an opportunity to explain their
					 positions and to present evidence in support of their positions. The conference
					 need not be conducted in accordance with the formal rules of evidence, and
					 legal representation is not required.
(d) The conference will be tape recorded,
					 unless a party chooses to have it recorded by a court reporter. Should a party
					 choose to use a court reporter, the party shall:
(1) notify the Administrative Director and
					 the opposing party no later than five days before the conference that a court
					 reporter will be provided; and
(2)
					 make the arrangements for the reporter and pay the costs of the reporter and
					 transcription, including the cost of a copy of the transcript for 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 1.5 - Injuries on or After January 1, 1990 › Article 7 - Appeals › Section 10115.3 - Appeal of Civil Penalty. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						10112 to section
						10115.3 filed 1-28-94; operative
						1-28-94. Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 94, No. 4).
2. Repealer filed 12-30-2002; operative
						1-1-2003 pursuant to Government Code section
						11343.4
						(Register 2003, No. 1).
Note: Authority cited: Sections
						  59,
						  129.5,
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  124 and
						  129.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116 - Applicability of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this article are applicable to Articles
						6.5, 7, and 7.5 of these regulations, except for the definitions in section
						10116.9. The definitions in section
						10116.9 only apply to the
						provisions of Articles 6.5 and 7.5.
1. New
						article 6 (sections
						10116-10116.9) and section filed
						11-17-2008; operative 11-17-2008 pursuant to Government Code section
						11343.4
						(Register 2008, No. 47). For prior history of article 6, see Register 2008, No.
						15, renumbering article 6, sections
						10116-10121 to article 9, sections
						10136-10142.
Note: Authority cited: Sections
						  111,
						  133,
						  5307.3 and
						  5307.4, Labor
						  Code. Reference: Sections
						  139.5,
						  4658,
						  4658.1,
						  4658.5 and
						  4658.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.1 - Filing and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Electronic Adjudication Management
					 System" or "EAMS" means the computer case management system used by the
					 Division of Workers' Compensation to electronically store and maintain the
					 Division of Workers' Compensation or appeals board's case files and to perform
					 other case management functions.
(b) All forms, documents or correspondence
					 submitted to the Retraining and Return to Work Unit shall be signed by the
					 filing party and stored in the EAMS:
(1)
					 Except for documents or forms which open a Retraining and Return to Work Unit
					 file, all documents and forms shall contain a case number assigned by the
					 Division of Workers' Compensation.
(2) Case opening documents shall be assigned
					 a case number by the Division of Workers' Compensation after filing where no
					 case number has been previously assigned for the date of injury alleged by the
					 injured worker. The case number shall be preceded by the prefix "VOC" for cases
					 governed by Article 7 of these rules and "RSU" for cases governed by Article
					 6.5 and 7.5 of these rules. If a case number has been previously assigned by
					 the Division of Workers' Compensation, the prefix "VOC" or "RSU" shall precede
					 the assigned case number on a form or document filed with the Retraining and
					 Return to Work Unit. Documents or forms filed in existing cases without a case
					 number will be returned to the sender with instructions for proper
					 filing.
(3) All documents presented
					 for filing shall conform to the requirements of sections
					 10217,
					 10228 and
					 10232 of title 8 of the California
					 Code of Regulations.
(4) The
					 Division of Workers' Compensation shall scan all documents and forms filed into
					 the EAMS case file and then the paper document or form will be destroyed not
					 less than 30 business days after filing. A properly filed form or document
					 shall be deemed a legal filing for all purposes.
(5) The service of all documents and forms
					 shall conform to the methods of service described in section of 10218 of title
					 8 of the California Code of Regulation.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.2 - Electronic Filing Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a document is filed with EAMS as part of the
						electronic filing trial, that document does not need to be filed in compliance
						with sections
						10228 and
						10232 of title 8 of the California
						Code of Regulation.
1. New
						section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
Note: Authority cited: Sections
						  111,
						  133,
						  5307.3 and
						  5307.4, Labor
						  Code. Reference: Sections
						  124 and
						  126, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.3 - Incomplete Filings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 form filed without the attachments or enclosures required by these rules is
					 deemed incomplete and shall not be deemed filed for any purpose. All incomplete
					 requests will be date stamped by the Division of Workers'
					 Compensation.
(b) The Retraining
					 and Return to Work Unit shall notify the filer and the other parties when a
					 form or document is deemed not filed.
(c) Forms including filing instructions and
					 venue lists shall be provided upon request by the Retraining and Return to Work
					 Unit. Requests shall be submitted to:
RETRAINING AND RETURN TO WORK UNIT HEADQUARTERS
P. O. BOX 420603
SAN FRANCISCO, CA 94142
Or may be found at
http://www.dir.ca.gov/dwc/forms.html
1. New
						section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
Note: Authority cited: Sections
						  133,
						  139.48,
						  139.5,
						  4658,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  139.5, Labor
						  Code; Godinez v. Buffets, Inc. (2004, Significant Panel Decision) 69 Cal. Comp.
						  Cases 1311; and Vulean Materials Co. v. WCAB (2006, Writ Denied) 71 Cal. Comp.
						  Cases 1346.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.4 - Reproduction of Forms, Notices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10123.1 to new section
						10116.4, including amendment of
						section and new NOTE, filed 11-17-2008; operative 11-17-2008 pursuant to
						Government Code section
						11343.4
						(Register 2008, No. 47).
2. Change without regulatory effect
						repealing section filed 2-25-2009 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2009, No. 9).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.5 - Technical Problems and Unavailability of EAMS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Technical problems with filing documents shall be
						governed by sections
						10223 and
						10225 of title 8 of the California
						Code of Regulation.
1. New
						section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
Note: Authority cited: Sections
						  133,
						  139.48,
						  139.5,
						  4658,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  139.5, Labor
						  Code; Godinez v. Buffets, Inc. (2004, Significant Panel Decision) 69 Cal. Comp.
						  Cases 1311; and Vulean Materials Co. v. WCAB (2006, Writ Denied) 71 Cal. Comp.
						  Cases 1346.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.6 - Retraining and Return to Work File Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following a period of fifty (50) years
					 after the filing of a document used to open a case or file, the Division of
					 Workers' Compensation may destroy the electronic and/or paper file in each case
					 maintained by the Retraining and Return to Work Unit.
(b) The Division of Workers' Compensation, at
					 any time, may convert a paper file to an electronic file. The Division of
					 Workers' Compensation shall inform the parties when a paper file is converted.
					 If a paper case file has been converted to electronic form, the paper case file
					 may be destroyed no less than 30 business days after the parties have been
					 informed of the conversion.
1. New
						section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
Note: Authority cited: Sections
						  133,
						  138.4,
						  139.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  139.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.7 - Misfiled or Misdirected Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A request to move, substitute, or correct
					 a document shall be made in conformity with section
					 10223 of title 8 of the California
					 Code of Regulation, except that a request to substitute shall be made in lieu
					 of a petition to substitute as allowed under section
					 10223(b). The
					 authority to approve moving a document from one file to another file shall
					 reside with the Manager of the Retraining and Return to Work Unit or his or her
					 designee.
(b) If a document is not
					 filed in compliance with sections
					 10217,
					 10228 and
					 10232 of title 8 of the California
					 Code of Regulations and these regulations, the administrative director may in
					 his or her discretion take the actions set forth in section
					 10222 of title 8 of the California
					 Code of Regulations.
1. New
						section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
Note: Authority cited: Sections
						  133,
						  138.4,
						  139.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  139.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6 - Retraining and Return to Work-Definitions and General Provisions › Section 10116.8 - Jurisdiction Where the Issue of Injury Has Not Been Resolved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No forms,
					 notices or reports shall be filed with the Retraining and Return to Work Unit
					 until the claims administrator has accepted liability for the injury or there
					 has been a finding of compensable injury by the appeals board.
(b) Any requests for provision of retraining
					 or return to work services and for intervention/dispute resolution require
					 confirmation on the appropriate form by the employee or his/her representative
					 that liability for the injury has been accepted.
(c) Forms sent to the Retraining and Return
					 to Work Unit when a good faith issue of injury exists or where there has been
					 no confirmation of acceptance of liability for the injury shall be returned to
					 the sender.
1. New
						section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
Note: Authority cited: Sections
						  133,
						  139.48,
						  139.5,
						  4658,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  139.5, Labor
						  Code; Godinez v. Buffets, Inc. (2004, Significant Panel Decision) 69 Cal. Comp.
						  Cases 1311; and Vulean Materials Co. v. WCAB (2006, Writ Denied) 71 Cal. Comp.
						  Cases 1346.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6.5 - Return to Work › Section 10117 - Offer of Work; Adjustment of Permanent Disability Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section shall apply to all injuries
					 occurring between January 1, 2005 and December 31, 2012, inclusive and to the
					 following employers:
(1) Insured employers who
					 employed 50 or more employees at the time of the most recent policy inception
					 or renewal date for the insurance policy that was in effect at the time of the
					 employee's injury;
(2) Self-insured
					 employers who employed 50 or more employees at the time of the most recent
					 filing by the employer of the Self-Insurer's Annual Report that was in effect
					 at the time of the employee's injury; and
(3) Legally uninsured employers who employed
					 50 or more employees at the time of injury.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6.5 - Return to Work › Section 10118 - Form [DWC AD 10118 "Notice of Offer of Work for Injuries Occurring Between 1/1/05-12/31/12, Inclusive."]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1.
						Renumbering of former section
						10003 to new section
						10118, including amendment of
						section heading and repealer and new form, filed 11-17-2008; operative
						11-17-2008 pursuant to Government Code section
						11343.4
						(Register 2008, No. 47).
2. Amendment of section heading, form and
						NOTE filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to
						Government Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Amendment of section heading, form and NOTE
						refiled 6-26-2013 as an emergency; operative 7-1-2013 pursuant to Government
						Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
4. Certificate of Compliance as to 7-1-2013 order,
						including amendment of section heading and form, transmitted to OAL 9-27-2013
						and filed 11-8-2013; amendments operative 1-1-2014 (Register 2013, No.
						45).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Section
						  4658, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6.5 - Return to Work › Section 10119 - Return to Work Program. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10004 to new section
						10119, including amendment of
						section, filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
2. Change without regulatory effect
						repealing section filed 6-27-2011 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2011, No. 26).
Note: Authority cited: Sections
						  133,
						  139.48 and
						  5307.3, Labor
						  Code. Reference: Sections
						  62.5,
						  139.48 and
						  5814.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 6.5 - Return to Work › Section 10120 - Form [DWC AD 10120 Request for Reimbursement of Accommodation Expenses]. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10005 to new section
						10120, including amendment of
						section heading and repealer and new form, filed 11-17-2008; operative
						11-17-2008 pursuant to Government Code section
						11343.4
						(Register 2008, No. 47).
2. Change without regulatory effect
						repealing section filed 6-27-2011 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2011, No. 26).
Note: Authority cited: Sections
						  133,
						  139.48 and
						  5307.3, Labor
						  Code. Reference: Sections
						  62.5,
						  139.48 and
						  5814.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7 - Vocational Rehabilitation [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing article 7 (sections
					 10122-10133.22) filed 2-25-2009
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2009, No. 9).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.31 - Supplemental Job Displacement Nontransferable Voucher for Injuries Occurring on or After January 1, 2013

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section shall apply to all injuries
					 occurring on or after January 1, 2013.
(b) If the injury causes partial permanent
					 disability, the employee shall be entitled to a Supplemental Job Displacement
					 Benefit unless the employer makes an offer of regular, modified, or alternative
					 work pursuant to section
					 10133.34 no later than 60 days
					 after receipt by the claims administrator of the Physician's Return to Work
					 & Voucher Report (Form DWC-AD 10133.36) that indicates the work capacities
					 and activity restrictions that are relevant to regular work, modified work, or
					 alternative work.
(1) Upon receipt of the
					 Physician's Return-to-Work & Voucher Report (Form DWC-AD 10133.36), the
					 claims administrator shall forward the form to the employer.
(2) If the claims administrator provides the
					 physician with a job description of the employee's regular work, proposed
					 modified work, or proposed alternative work, the physician shall complete the
					 bottom portion of the Physician's Return-to-Work & Voucher Report (Form
					 DWC-AD10133.36.)
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.32 - Form [DWC-AD 10133.32 "Supplemental Job Displacement Nontransferable Voucher for Injuries Occurring on or After 1/1/13."]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This form may be produced without a logo and may be
						produced on the claim's administrator's letterhead.
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1. New
						section filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to
						Government Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
2. New section refiled 6-26-2013 as an emergency;
						operative 7-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Certificate of Compliance as to 7-1-2013 order,
						including amendment of form, transmitted to OAL 9-27-2013 and filed 11-8-2013;
						amendments operative 1-1-2014 (Register 2013, No. 45).
4. Change
						without regulatory effect amending section filed 2-5-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 6).
5. Change without regulatory
						effect repealing and adopting new section filed 11-23-2015 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2015, No. 48).
Note: Authority cited: Sections
						  133,
						  4658.1,
						  4658.7 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4658.6 and
						  4658.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.33 - Form [DWC-AD 10133.33 "Description of Employee's Job Duties Form."]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to any medical evaluation declaring the employee
						permanent and stationary, the physician may be sent Form [DWC- AD 10133.33,
						"Description of Employee's Job Duties."]
This form may be produced without a logo and may be
						produced on the claim's administrator's letterhead.
Click
						here to view image
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						here to view image
1. New
						section filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to
						Government Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
2. New section refiled 6-26-2013 as an emergency;
						operative 7-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Certificate of Compliance as to 7-1-2013 order,
						including amendment of form, transmitted to OAL 9-27-2013 and filed 11-8-2013;
						amendments operative 1-1-2014 (Register 2013, No. 45).
4. Change
						without regulatory effect amending section filed 2-5-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 6).
Note: Authority cited: Sections
						  133 and
						  4658.7, Labor
						  Code. Reference: Sections
						  4658.6 and
						  4658.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.34 - Offer of Work for Injuries Occurring on or After January 1, 2013

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section
					 shall apply to all injuries occurring on or after January 1, 2013.
(b) The injured employee shall be entitled to
					 a supplemental job displacement benefit unless the employer makes an offer of
					 regular, modified, or alternative work on Form [DWC-AD10133.35 "Notice of Offer
					 of Regular, Modified, or Alternative Work For injuries occurring on or after
					 1/1/13" within 60 days after receipt of Form [DWC-AD 10133.36 "Physician's
					 Return-to-Work & Voucher Report."] that indicates the work capacities and
					 activity restrictions that are relevant to regular work, modified work, or
					 alternative work.
(1) The claims administrator
					 may serve the offer of work on behalf of the employer.
(2) The regular, alternative, or modified
					 work that is offered by the employer pursuant to paragraph (1) shall be located
					 within a reasonable commuting distance of the employee's residence at the time
					 of the injury, unless the employee waives this condition. This condition shall
					 be deemed to be waived if the employee accepts the regular, modified, or
					 alternative work, and does not object to the location within 20 calendar days
					 of being informed of the right to object. The condition shall be conclusively
					 deemed to be satisfied if the offered work is at the same location and the same
					 shift as the employment at the time of injury.
(3) The offer of regular, modified, or
					 alternative work must be for work lasting at least 12 months.
(4) If the employer offers regular, modified,
					 or alternative seasonal work to the employee, the offer shall meet the
					 following requirements:
(A) the employee was
					 hired for seasonal work prior to injury;
(B) the offer of regular, modified or
					 alternative seasonal work is of reasonably similar hours and working conditions
					 to the employee's previous employment, and the one year requirement may be
					 satisfied by cumulative periods of seasonal work;
(C) the work must commence within 12 months
					 of the date of the offer; and
(D)
					 The offer meets the conditions set forth in this
					 section.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.35 - Form [DWC-AD 10133.35 "Notice of Offer of Regular, Modified, or Alternative Work for Injuries Occurring on or After 1/1/13."]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This form may be produced without a logo and may be
						produced on the claim's administrator's letterhead.
Click
						here to view image
Click
						here to view image
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						here to view image
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						here to view image
1. New
						section filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to
						Government Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
2. New section refiled 6-26-2013 as an emergency;
						operative 7-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Certificate of Compliance as to 7-1-2013 order,
						including amendment of form, transmitted to OAL 9-27-2013 and filed 11-8-2013;
						amendments operative 1-1-2014 (Register 2013, No. 45).
4. Change
						without regulatory effect amending section filed 2-5-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 6).
Note: Authority cited: Sections
						  133,
						  4658.7 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4658 and
						  4658.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.36 - Form [DWC-AD 10133.36 "Physician's Return-to-Work and Voucher Report."]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This form may be produced without a logo and may be
						produced on the claim's administrator's letterhead.
Click
						here to view image
Click
						here to view image
1. New
						section filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to
						Government Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
2. New section refiled 6-26-2013 as an emergency;
						operative 7-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Certificate of Compliance as to 7-1-2013 order,
						including amendment of form, transmitted to OAL 9-27-2013 and filed 11-8-2013;
						amendments operative 1-1-2014 (Register 2013, No. 45).
4. Change
						without regulatory effect amending section filed 2-5-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 6).
Note: Authority cited: Sections
						  133,
						  4658.7 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4658 and
						  4658.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.50 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 7.5 (sections
						10133.50-10133.60) and section
						filed 6-6-2005; operative 8-1-2005 (Register 2005, No. 23).
2.
						Repealer filed 11-17-2008; operative 11-17-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 47).
Note: Authority cited: Sections
						  133,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Sections
						  124,
						  4658.1,
						  4658.5 and
						  4658.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.51 - Notice of Potential Right to Supplemental Job Displacement Benefit. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-6-2005; operative 8-1-2005 (Register 2005, No.
						23).
2. Repealer filed 12-20-2012 as an emergency; operative
						1-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Repealer refiled 6-26-2013 as an emergency;
						operative 7-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
4. Certificate of Compliance as to 7-1-2013 order
						transmitted to OAL 9-27-2013 and filed 11-8-2013 (Register 2013, No.
						45).
Note: Authority cited: Sections
						  133,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  4658.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.52 - "Notice of Potential Right to Supplemental Job Displacement Benefit Form." [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-6-2005; operative 8-1-2005 (Register 2005, No.
						23).
2. Repealer filed 12-20-2012 as an emergency; operative
						1-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Repealer refiled 6-26-2013 as an emergency;
						operative 7-1-2013 pursuant to Government Code section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
4. Certificate of Compliance as to 7-1-2013 order
						transmitted to OAL 9-27-2013 and filed 11-8-2013 (Register 2013, No.
						45).
Note: Authority cited: Sections
						  133,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  4658.5, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.53 - Form [DWC-AD 10133.53 "Notice of Offer of Modified or Alternative Work for Injuries Occurring Between 1/1/04 - 12/31/12, Inclusive."]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. New
						section filed 6-6-2005; operative 8-1-2005 (Register 2005, No.
						23).
2. Amendment filed 7-19-2006; operative 8-18-2006 (Register
						2006, No. 29). For prior history, see Register 96, No. 52.
3.
						Repealer and new form filed 11-17-2008; operative 11-17-2008 pursuant to
						Government Code section
						11343.4
						(Register 2008, No. 47).
4. Amendment of section heading and form
						filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to Government
						Code section
						11346.1(d)
						(Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
5. Amendment of section heading and form refiled
						6-26-2013 as an emergency; operative 7-1-2013 pursuant to Government Code
						section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
6. Certificate of Compliance as to 7-1-2013 order,
						including amendment of section heading and form, transmitted to OAL 9-27-2013
						and filed 11-8-2013; amendments operative 1-1-2014 (Register 2013, No.
						45).
Note: Authority cited: Sections
						  133,
						  4658 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4658,
						  4658.1,
						  4658.5 and
						  4658.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.54 - Dispute Resolution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 133, 4658.5 and 5307.3,
						  Labor Code. Reference: Sections 4658.5 and 4658.6, Labor Code.
Note: Authority cited: Sections
						  133,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4658.5 and
						  4658.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 7.5 - Supplemental Job Displacement Benefit › Section 10133.55 - Form [DWC-AD 10133.55 "Request for Dispute Resolution Before the Administrative Director."] [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 133, 4658.5 and 5307.3,
						  Labor Code. Reference: Section 4658.5, Labor Code.
Note: Authority cited: Sections
						  133,
						  4658.5 and
						  5307.3, Labor
						  Code. Reference: Section
						  4658.5, Labor
						  Code.