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 7.5 - Supplemental Job Displacement Benefit › Section 10133.56 - Requirement to Issue Supplemental Job Displacement Nontransferable Training Voucher

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 This section and section
					 10133.57 shall only apply to
					 injuries occurring between January 1, 2004 and December 31, 2012,
					 inclusive.
(b) The employee shall
					 be eligible for the Supplemental Job Displacement Benefit when:
(1) the injury causes permanent partial
					 disability; and
(2) within 30 days
					 of the termination of temporary disability indemnity payments, the claims
					 administrator does not offer modified or alternative work in accordance with
					 Labor Code section
					 4658.6;
					 and
(3) either the injured employee
					 does not return to work for the employer within 60 days of the termination of
					 temporary disability benefits; or
(4) in the case of a seasonal employee, where
					 the employee is unable to return to work within 60 days of the termination of
					 temporary disability benefits because the work season has ended, the injured
					 employee does not return to work on the next available work date of the next
					 work season.
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 10133.57 - Form [DWC-AD 10133.57 "Supplemental Job Displacement Nontransferable Training Voucher Form 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. Repealer and new form filed 11-17-2008; operative 11-17-2008
						pursuant to Government Code section
						11343.4
						(Register 2008, No. 47).
3. 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.
4. Amendment of section heading and form refiled
						6-26-2013 as an emergency; operative 7-1-2013 (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.
5. 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,
						  4658.5 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 10133.58 - State Approved or Accredited Schools

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, 2004.
(b) For injuries between January 1, 2004 and
					 December 31, 2012, inclusive, private providers of education-related retraining
					 or skill enhancement selected to provide training as part of a supplemental job
					 displacement benefit shall be:
(1) approved
					 by the Bureau for Private Postsecondary and Education (
www.bppe.ca.gov
), or a California state agency
					 that has an agreement with the Bureau for the regulation and oversight of
					 non-degree-granting private postsecondary institutions; or
(2) accredited by one of the Regional
					 Associations of Schools and Colleges authorized by the United States Department
					 of Education; or
(3) by a
					 California State agency that has an agreement with the United States Department
					 of Education or Regional Associations of School and Colleges for the regulation
					 and oversight of non-degree granting private post secondary providers;
					 or
(4) certified by the Federal
					 Aviation Administration.
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 10133.59 - The Administrative Director's List of Vocational Return to Work Counselors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section shall only apply to injuries
					 occurring on or after January 1, 2004.
(b) The Administrative Director shall
					 maintain a list of Vocational & Return to Work Counselors (VRTWC) who
					 perform the work of assisting injured employees. A VRTWC who meets the
					 qualifications specified in Section
					 10133.50(a)(15)
					 must apply to the Administrative Director to be included on the list throughout
					 the year. The list shall be reviewed and revised on a yearly basis, and shall
					 be made available on the website
www.dir.ca.gov
or upon request.
(c) The injured employee may select a
					 Vocational & Return to Work Counselor whenever the assistance of a
					 Vocational & Return to Work Counselor is needed to facilitate an employee's
					 vocational training or return to work in connection with the Supplemental Job
					 Displacement Benefit set forth in this Article.
(d) The injured employee shall be responsible
					 for providing the VRTWC with any necessary medical reports. However, a claims
					 administrator shall provide a VRTWC with any medical reports, including
					 permanent and stationary medical reports, upon an employee's written request
					 and a signed release waiver.
(e)
					 The VRTWC shall communicate with the injured employee regarding the
					 evaluation.
1. New
						section filed 6-6-2005; operative 8-1-2005 (Register 2005, No.
						23).
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 10133.60 - Termination of Claims Administrator's Liability for the Supplemental Job Displacement Benefit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 For injuries occurring on or after January 1, 2004, the claims administrator's
					 liability to provide a supplemental job displacement voucher shall end if
					 either (a)(1), (a)(2), or (a)(3) occur:
(1)
					 the employer offers regular, modified or alternative work to the employee,
					 meeting the requirements as set forth in section
					 10133.34.
(A) If the employer offers regular, modified,
					 or alternative work to the employee for 12 months of seasonal work, the offer
					 shall meet the following requirements:
1. the
					 employee was hired on a seasonal basis prior to injury; and
2. the offer of regular, modified or
					 alternative work is on a similar seasonal basis to the employee's previous
					 employment;
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 8 - Attorney Fee Disclosure Statement › Section 10134 - Attorney Fee Disclosure Statement Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. New
						section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is
						exempt from review by OAL pursuant to Government Code section
						11351.
2.
						Repealer and new section filed 4-13-93; operative 4-13-93. Submitted to OAL for
						printing only pursuant to Government Code section
						11351
						(Register 93, No. 16)
3. Change without regulatory effect amending
						section and NOTE filed 2-2-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 5).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Section
						  4906, 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 8 - Attorney Fee Disclosure Statement › Section 10135 - Required Use of Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every attorney or his/her agent who consults with an
						injured worker or dependent is required to furnish the attorney fee disclosure
						statement form set forth in Section
						10134 of this Article to the
						injured worker or dependent at the initial consultation.
1. New
						section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is
						exempt from review by OAL pursuant to Government Code Section
						11351.
2.
						Amendment filed 4-13-93; operative 4-13-93. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 16)
Note: Authority cited: Section
						  133 and
						  5307.3, Labor
						  Code. Reference: Section
						  4906(e),
						  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 8 - Attorney Fee Disclosure Statement › Section 10135.1 - Service of Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 15 days of the employee's and attorney's execution
						of the disclosure form, a copy of the disclosure form shall be mailed to the
						employer or, if known, to the employer's insurer or third-party
						administrator.
1. New
						section filed 4-13-93; operative 4-13-93. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 16).
Note: Authority cited: Section
						  133 and
						  5307.3, Labor
						  Code. Reference: Section
						  4906(e),
						  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 9 - Claim Form: Availability, Filing, Acknowledgement of Receipt, Dismissal › Section 10136 - General: Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article, the following definitions
						apply:
(a) Claims Administrator. A
					 self-administered workers' compensation insurer, a self-administered
					 self-insured employer, a self-administered joint powers authority, or a
					 third-party claims administrator for an insurer, a self-insured employer, a
					 legally-uninsured employer or a joint powers authority; or an attorney or agent
					 of any of those entities.
(b) Claim
					 Form. The official Division of Workers' Compensation DWC Form 1 Employee's
					 Claim for Workers' Compensation Benefits, as set forth in Section
					 10139 of this Article.
(c) Employee. An employee, a person claiming
					 to be an employee, his or her dependents, or agent.
1. New
						section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is
						exempt from review by OAL pursuant to Government Code Section
						11351.
2.
						Amendment of subsections (b), (b)(3), (b)(4) and (c), repealer of subsections
						(b)(5), (d), (e) and (f), and new subsection (d) filed 4-13-93; operative
						4-13-93. Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 93, No. 16)
3. Change without regulatory effect repealing
						article 9 heading, renumbering former article 6 to new article 9, renumbering
						former section
						10136 to section
						10252 and renumbering former
						section 10116 to section
						10136, including amendment of
						subsection (b), filed 4-7-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 15).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  5401,
						  5401.7,
						  5402 and
						  5404.5, 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 9 - Claim Form: Availability, Filing, Acknowledgement of Receipt, Dismissal › Section 10137 - General: Employer Obligation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this article shall abrogate the duty of an
						employer to provide timely compensation to an injured worker, even if the
						employee has not completed and filed the form required by Labor Code Section
						5401 and this
						article.
1. New
						section filed 1-18-90; operative 1-18-90 (Register 90, No. 4). New section is
						exempt from review by OAL pursuant to Government Code Section
						11351.
2.
						Repealer and new section filed 4-13-93; operative 4-13-93. Submitted to OAL for
						printing only pursuant to Government Code section
						11351
						(Register 93, No. 16)
3. Change without regulatory effect
						renumbering former section
						10137 to section
						10252.1 and renumbering former
						section 10116.1 to section
						10137 filed 4-7-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 15).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  5401 and
						  3200-
						  6208, 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 9 - Claim Form: Availability, Filing, Acknowledgement of Receipt, Dismissal › Section 10138 - Claim Form and Notice of Potential Eligibility for Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The employee's form for filing a workers' compensation
						claim (DWC 1) and the Notice of Potential Eligibility for Benefits is a
						mandatory form set forth in Section
						10139 of this Article. The employer
						portion of the form may also include other information pertinent to the claim,
						including a logo or other employer-identifying information, but such
						information shall in no way impose additional duties or prohibitions on the
						employee or delay the processing of the claim. The claim form consists of an
						original and three (3) copies.
1. Change
						without regulatory effect renumbering former section
						10117.1 to section
						10138, including amendment of
						section, filed 4-7-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 15).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  5401,
						  5401.7 and
						  5402, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 9 - Claim Form: Availability, Filing, Acknowledgement of Receipt, Dismissal › Section 10139 - Workers' Compensation Claim Form (DWC 1) and Notice of Potential Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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1. Change
						without regulatory effect renumbering former section
						10118.1 to section
						10139 filed 4-7-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 15).
2. Amendment of section and
						NOTE filed 8-9-2010; operative 10-8-2010 (Register 2010, No. 33).
3.
						Repealer and new section filed 8-24-2015; operative 1-1-2016 (Register 2015,
						No. 35).
Note: Authority cited: Sections
						  133,
						  5307.3 and
						  5401, Labor
						  Code. Reference: Sections
						  132(a),
						  139.48,
						  139.6,
						  4600,
						  4600.3,
						  4601,
						  4604.5,
						  4616,
						  4650,
						  4656,
						  4658.5,
						  4658.6,
						  4700,
						  4701,
						  4702,
						  4703,
						  5400,
						  5401,
						  5401.7 and
						  5402, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 9 - Claim Form: Availability, Filing, Acknowledgement of Receipt, Dismissal › Section 10140 - Employer's Responsibility to Process Claim Form, Claims Administrator's Duty to Provide Claim Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within one working day of receipt of a
					 claim form, the employer shall date the claim form and provide a dated copy of
					 the form to the employee and the employer's claims administrator.
(b) If the claims administrator obtains
					 knowledge that the employer has not provided a claim form, it shall provide one
					 to the employee within three working days of its knowledge that the form was
					 not provided.
(c) If the claims
					 administrator cannot determine if the employer has provided a claim form to the
					 employee, the claims administrator shall provide one to the employee within 30
					 days of the administrator's date of knowledge of the claim.
1. Change
						without regulatory effect renumbering former section
						10119 to section
						10140 filed 4-7-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 15).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  5401 and
						  5402, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.5 - Injuries on or After January 1, 1990 › Article 9 - Claim Form: Availability, Filing, Acknowledgement of Receipt, Dismissal › Section 10141 - Dismissal of Inactive Claim by Operation of Law After Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a claim
					 form has been filed for an injury that occurred prior to January 1, 1994, the
					 claim has been denied, and there has been no activity for 180 days, the claims
					 administrator may issue a notice of dismissal of the claim as follows:
(1) The notice shall include the following:
NOTICE REGARDING WORKERS' COMPENSATION
						CLAIM
You applied for workers' compensation benefits. A copy of
						your claim form is attached. We have not heard from you since we sent you a
						letter denying your claim on ____________________ [Date]. Your case has been
						inactive for at least 180 days. If you are still claiming benefits, you must
						file an Application for Adjudication of Claim with the Workers' Compensation
						Appeal Board within 180 days of the date this notice is served on you. The date
						of service is listed at the bottom of this form. IF YOU DO NOT FILE THE
						APPLICATION BY THE DEADLINE, THE CLAIM WILL AUTOMATICALLY BE DISMISSED "BY
						OPERATION OF LAW". This means you will not be able to claim benefits for the
						injury or illness listed on the claim form unless you file the Application for
						Adjudication of Claim by the deadline. Please call me at ____________________
						[phone number] if you want more information or help figuring out the deadline
						for filing an Application.
You can get the Application form, help figuring out the
						deadline for filing an Application, and information about your claim by calling
						the State of California Division of Workers' Compensation Information and
						Assistance Office. [Enter telephone number of district Information and
						Assistance Office closest to injured workers' residence.] You may hear recorded
						information by calling 1-800-736-7401. You may also consult an attorney.
_________________________________________________________________
[Claims Administrator Representative]
Date Notice Is Served:
						____________________
(2) The
					 blank(s) in the prescribed notice language shall be completed by the claims
					 administrator to specify the information described in brackets. The date of
					 service of the Notice shall be inserted on the Notice by the claims
					 administrator or process server to accurately reflect the date service is
					 effected in accordance with the Code of Civil Procedure as specified in
					 subsection (d).
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 9 - Claim Form: Availability, Filing, Acknowledgement of Receipt, Dismissal › Section 10142 - Date of Denial for Purposes of End of Tolling of Limitations Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Labor Code Section
						5401(c),
						the date "the claim is denied" for determining when the claim form ceases to
						toll the specified limitations periods is:
(a) the date the written denial notice is
					 personally served, or
(b) five days
					 after the written denial notice is placed in the mail if the address is within
					 the State of California, ten days if the address is outside the State of
					 California, but within the United States and twenty days if the address is
					 outside of the United States.
The written denial notice must be issued in accordance
						with the notice regulations in Title 8, CCR, Subchapter 1, Article 8, Sections
						9810 et seq. in order to cease the
						claim form's tolling of the limitations periods.
1. Change
						without regulatory effect renumbering former section
						10121 to section
						10142 filed 4-7-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 15).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Section
						  5401, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10150 - Disability Evaluation Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Disability Evaluation Unit, under the direction and
					 authority of the administrative director, will issue permanent disability
					 ratings as required under this subchapter utilizing the Schedule for Rating
					 Permanent Disabilities adopted by the administrative director. The Disability
					 Evaluation Unit will prepare the following kinds of rating
					 determinations:
(a) Formal rating
				  determinations
(b) Summary rating
				  determinations
(c) Consultative
				  rating determinations
(d) Informal
				  rating determinations.
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment of subchapter 1.6 heading filed 12-27-96; operative 12-27-96.
					 Submitted to OAL for printing only pursuant to Government Code section
					 11351
					 (Register 96, No. 52).
3. Amendment of section heading, 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).
5.
					 Amendment of first paragraph filed 11-17-2008; operative 11-17-2008 pursuant to
					 Government Code section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133 and
						5307.3, Labor
						Code. Reference: Sections
						124,
						4061,
						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 1.6 - Permanent Disability Rating Determination › Section 10150.1 - Signature Disputes and the Signatures of Consultants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Anyone who disputes the authenticity of
				  any signature must file with the Manager of the Disability Evaluation Unit an
				  objection to the pleading or other document within ten (10) days of the filing
				  of that document. The objection shall contain a complete explanation of the
				  basis for the objection.
(b) The
				  filing of a document, signed with a "/s/ name" or an electronic image of the
				  signature filed with the login and password of the Division of Workers'
				  Compensation consultant assigned to the case shall constitute an original
				  signature for all purposes.
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 and
						5307.3, Labor
						Code. Reference: Sections
						124,
						4061,
						4062,
						4062.1,
						4062.2,
						4062.5,
						4064,
						4067,
						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 1.6 - Permanent Disability Rating Determination › Section 10150.2 - Technical Unavailability of EAMS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Technical problems with filing documents shall be governed
					 by section 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 and
						5307.3, Labor
						Code. Reference: Sections
						5502 and
						5700, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10150.3 - Disability Evaluation Unit 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 Disability Evaluation 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 and
						5307.3, Labor
						Code. Reference: Sections
						124,
						4061,
						4062,
						4062.1,
						4062.2,
						4062.5,
						4064,
						4067,
						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 1.6 - Permanent Disability Rating Determination › Section 10150.4 - Misfiled or Misdirected Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A request to move or substitute a
				  corrected document shall be made in conformity with section
				  10223 of title 8 of the California
				  Code of Regulation, except that a written request to substitute with the
				  proposed document for substitution appended 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 Disability Evaluation 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 and
						5307.3, Labor
						Code. Reference: Sections
						124,
						4061,
						4062,
						4062.1,
						4062.2,
						4062.5,
						4064,
						4067,
						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 1.6 - Permanent Disability Rating Determination › Section 10151 - Filing 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 the appeals board's case files and to
				  perform other case management functions.
(b) All forms or correspondence submitted to
				  the Disability Evaluation Unit shall be stored in the EAMS:
(1) Except for documents or forms which open
				  a Disability Evaluation Unit file, all documents and forms shall contain a case
				  number assigned by the Division of Workers' Compensation. The case number shall
				  be preceded by the prefix "DEU". Case opening document shall be assigned a case
				  number by the Division of Workers' Compensation after filing. Documents or
				  forms filed without a case number will be returned to the sender with
				  instructions for proper filing.
(2)
				  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.
(3) All filed
				  paper documents and forms shall be scanned into the EAMS and then will be
				  destroyed. A properly filed paper document or form shall be deemed a legal
				  filing for all purposes.
(4) The
				  service of all documents and forms shall conform to the receiving party's
				  designated preferred method 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 1.6 - Permanent Disability Rating Determination › Section 10151.1 - 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
						4061, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10152 - Disability, when Considered Permanent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A disability is considered permanent when the employee has
					 reached maximal medical improvement, meaning his or her condition is well
					 stabilized, and unlikely to change substantially in the next year with or
					 without medical treatment.
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment of section 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
						124,
						4061,
						4062,
						4062.01,
						4062.1,
						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 1.6 - Permanent Disability Rating Determination › Section 10154 - Permanent Disability Rating Determinations, Kinds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 New subsection (d) filed 12-27-96; operative 12-27-96. Submitted to OAL for
					 printing only pursuant to Government Code section
					 11351
					 (Register 96, No. 52).
3. Repealer 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,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						124. 4061, 5452, 5701 and 5703.5,
						Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10156 - Formal Rating Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A formal rating determination will be prepared by the
					 Disability Evaluation Unit when requested by the Appeals Board or a Workers'
					 Compensation Judge on a form specified for that purpose by the Administrative
					 Director. The form will provide for a description of the disability to be
					 rated, the occupation of the injured employee, the employee's age at the time
					 of injury, the date of injury, the formula used, and a notice of submission in
					 accordance with Appeals Board Rules of Practice and
					 Procedure.
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment of section 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
						124,
						4061,
						4660,
						4662,
						4663,
						4664 and
						5701, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10158 - Formal Rating Determinations as Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Formal rating determinations prepared by disability
					 evaluators shall be deemed to constitute evidence only as to the relation
					 between the disability or impairment standard(s) described and the percentage
					 of permanent disability.
1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Amendment of section 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
						124,
						4061,
						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 1.6 - Permanent Disability Rating Determination › Section 10159 - Time Period for Issuing a Summary Rating Determination Pursuant to Labor Code Section 4061(e)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the receipt of a comprehensive medical-legal
					 evaluation from a Qualified Medical Evaluator that is eligible for rating under
					 section 10160, the Disability Evaluation
					 Unit shall issue a summary rating determination pursuant to Labor Code section
					 4061(e)
					 within 20 days of either the date the time has passed for the filing of a
					 request for factual correction under Labor Code section
					 4061(d)(1),
					 or the date of receipt of a supplemental report submitted to the Disability
					 Evaluation Unit in response to a request for factual correction under section
					 37 of title 8 of the California
					 Code of Regulations, whichever is later.
1. New
					 section filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to
					 Government Code section
					 11346.1(d)
					 (Register 2013, No. 1). 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 7-1-2013 as an emergency;
					 operative 7-1-2013 (Register 2013, No. 27). 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 repealer of subsection (a) designator,
					 transmitted to OAL 8-2-2013 and filed 9-16-2013; amendments operative 9-16-2013
					 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 38).
Note: Authority cited: Sections
						111,
						133,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						124 and
						4061, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10160 - Summary Rating Determinations, Comprehensive Medical Evaluation of Unrepresented Employee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Disability Evaluation Unit will prepare a summary rating determination upon
				  receipt of a properly prepared request. A properly prepared request shall
				  consist of:
(1) A completed Request for
				  Summary Rating Determination, DWC AD Form 101 (DEU);
(2) A completed Employee's Disability
				  Questionnaire, DWC AD Form 100 (DEU);
(3) A comprehensive medical evaluation of an
				  unrepresented employee from a Qualified Medical Evaluator.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10160.1 - Summary Rating Determinations, Report of Primary Treating Physician for Unrepresented Employee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For injuries on or after January 1, 1994, the insurance carrier, self-insured
				  employer or the employee may request a summary rating of the primary treating
				  physician's report prepared in accordance with Section
				  9785.
(b) The request may be made by completing a
				  Request for Summary Rating Determination of Primary Treating Physician's Report
				  (DWC AD Form 102 (DEU)) and filing the request with the Disability Evaluation
				  Unit together with a copy of the primary treating physician's report, if the
				  report has not already been filed in EAMS.
(c) A filed copy of the request form and a
				  copy of the primary treating physician's report shall be served immediately
				  after filing on the non-requesting party, with a proof of service on the
				  non-requesting party.
1. New
					 section filed 2-21-95; operative 2-21-95. Submitted to OAL for printing only
					 pursuant to Government Code section
					 11351
					 (Register 95, No. 8).
2. Amendment filed 11-17-2008; operative
					 11-17-2008 pursuant to Government Code section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133,
						5307.3 and
						5307.4, Labor
						Code. Reference: Sections
						124,
						4061,
						4061.5,
						4062,
						4062.1,
						4062.2,
						4062.5,
						4064 and
						4067, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10160.5 - Summary Rating Determinations, Represented Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For injuries on or after January 1, 1991
				  and before January 1, 1994, the Disability Evaluation Unit will prepare a
				  summary rating determination in cases where the injured worker is represented
				  only if requested by a party. A summary rating determination will be prepared
				  only upon receipt of a properly prepared request. A properly prepared request
				  shall consist of:
(1) A completed Request for
				  Summary Rating Determination DWC AD Form 101 (DEU);
(2) An evaluation by a Qualified Medical
				  Evaluator or Agreed Medical Evaluator.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.6 - Permanent Disability Rating Determination › Section 10161 - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employee's
				  Disability Questionnaire (DWC AD Form 100 (DEU)).
(b) Request for Summary Determination of
				  Qualified Medical Evaluator's Report (DWC AD Form 101 (DEU)).
(c) Request for Summary Determination of
				  Primary Treating Physician's Report (DWC AD Form 102 (DEU)).
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1. New
					 section filed 4-25-91; operative 4-25-91 (Register 91, No. 26). New section is
					 exempt from review by OAL pursuant to Government Code section
					 11351.
2.
					 Repealer and new DEU Form 100 filed 1-28-94; operative 1-28-94. Submitted to
					 OAL for printing only pursuant to Government Code section
					 11351
					 (Register 94, No. 4).
3. Editorial correction restoring
					 inadvertently omitted subsection (b) (Register 95, No. 8).
4.
					 Amendment of subsections (a), (b) and forms 100 and 101; and new subsection (c)
					 and form 102 filed 2-21-95; operative 2-21-95. Submitted to OAL for printing
					 only pursuant to Government Code section
					 11351
					 (Register 95, No. 8).
5. Certificate of Compliance as to 12-31-2004
					 order, including further amendment of section and forms and amendment of NOTE,
					 transmitted to OAL 4-29-2005 and filed 6-10-2005 (Register 2005, No.
					 23).
6. Amendment of section, including repealer and new DEU Form
					 100, DEU Form 101 and DEU Form 102, filed 11-17-2008; operative 11-17-2008
					 pursuant to Government Code section
					 11343.4
					 (Register 2008, No. 47).
Note: Authority cited: Sections
						133 and
						5307.3, Labor
						Code. Reference: Sections
						124,
						4061,
						4062,
						4062.01,
						4062.1,
						4062.2,
						4062.5,
						4064,
						4067,
						4660,
						4662,
						4663 and
						4664, Labor
						Code.