reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.6 - Medical-Legal Expenses and Comprehensive Medical-Legal Evaluations › Section 9794 - Reimbursement of Medical-Legal Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The cost of comprehensive, follow-up and
					 supplemental medical-legal evaluation reports, diagnostic tests, and
					 medical-legal testimony, regardless of whether incurred on behalf of the
					 employee or claims administrator, shall be billed and reimbursed as follows:
(1) X-rays, laboratory services and other
					 diagnostic tests shall be billed and reimbursed in accordance with the Official
					 Medical Fee Schedule adopted pursuant to Labor Code Section
					 5307.1. No
					 other charges shall be billed under the Official Medical Fee Schedule in
					 connection with a medical-legal evaluation or report. In no event shall the
					 claims administrator be liable for the cost of any diagnostic test provided in
					 connection with a comprehensive medical-legal evaluation report unless the
					 subjective complaints and physical findings that warrant the necessity for the
					 test are included in the medical-legal evaluation report. Additionally, the
					 claims administrator shall not be liable for the cost of diagnostic tests,
					 absent prior authorization by the claims administrator, if adequate medical
					 information is already in the medical record provided to the
					 physician.
(2) The cost of
					 comprehensive, follow-up and supplemental medical-legal evaluations, and
					 medical-legal testimony shall be billed and reimbursed in accordance with the
					 schedule set forth in Section
					 9795.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.7 - Fees for Interpreter Services › Section 9795.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article:
(a) "Claims Administrator" means the person
					 or entity responsible for the payment of compensation for any of the following:
					 a self-administered insurer providing security for the payment of compensation
					 required by Divisions 4 and 4.5 of the Labor Code, a self-administered
					 self-insured employer, the director of the Department of Industrial Relations
					 as administrator for the Uninsured Employers Benefits Trust Fund (UEBTF) or for
					 the Subsequent Injuries Benefits Trust Fund (SIBTF), a third-party claims
					 administrator for a self-insured employer, insurer, legally uninsured employer,
					 joint powers authority, the Self-Insurers' Security Fund, or the California
					 Insurance Guarantee Association (CIGA).
(b) "Full day" means services performed which
					 exceed one-half day, up to 8 hours.
(c) "One-half day" means:
(1) When appearing at any Workers'
					 Compensation Appeals Board hearing or daytime arbitration, all or any part of a
					 morning or afternoon session.
(2)
					 When appearing at a deposition, all or any part of 3.5 hours.
(3) When appearing at an evening arbitration,
					 all or any part of 3 hours.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.7 - Fees for Interpreter Services › Section 9795.1.5 - Interpreters for Hearings, Depositions or Arbitrations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To qualify to be paid for interpreter
					 services at a hearing, deposition or arbitration, the interpreter shall be
(1) certified, which means listed on the
					 State Personnel Board webpage at http://jobs.spb.ca.gov/InterpreterListing/ or
					 the California Courts webpage at
					 http://courts.ca.gov/programs-interpreters.htm; or
(2) provisionally certified, which means
					 deemed qualified to perform interpreter services when a certified interpreter
					 cannot be present, either:
(A) by agreement of
					 the parties, or
(B) based on a
					 finding by the workers' compensation administrative law judge conducting a
					 hearing that the interpreter is qualified to interpret at the hearing, or by
					 the arbitrator conducting the arbitration that the interpreter is qualified to
					 interpret at the arbitration. The finding of the judge or arbitrator and the
					 basis for the finding shall be set forth in the record of
					 proceedings.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.7 - Fees for Interpreter Services › Section 9795.2 - Notice of Right to Interpreter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notice of hearing, deposition, or other setting shall
						include a statement explaining the right to have an interpreter present if they
						do not proficiently speak or understand the English language. Where a party is
						designated to serve a notice, it shall be the responsibility of that party to
						include this statement in the notice.
1. 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).
2. New NOTE filed 12-30-96; operative 12-30-96
						pursuant to Government Code section
						11343.4(d).
						Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 97, No. 1).
Note: Authority cited: Sections
						  133,
						  5307.3,
						  5710 and
						  5811, Labor
						  Code. Reference: Sections
						  4600,
						  4620,
						  4621,
						  5710 and
						  5811, Labor
						  Code; and Sections
						  11513 and
						  68562,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.7 - Fees for Interpreter Services › Section 9795.3 - Fees for Interpreter Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fees for services performed by a
					 certified or provisionally certified interpreter, upon request of an employee
					 who does not proficiently speak or understand the English language, shall be
					 paid by the claims administrator for any of the following events:
(1) An examination by a physician to which an
					 injured employee submits at the requests of the claims administrator, the
					 administrative director, or the appeals board;
(2) A medical treatment
					 appointment;
(3) A comprehensive
					 medical-legal evaluation as defined in subdivision (c) of Section
					 9793, a follow-up medical-legal
					 evaluation as defined in subdivision (f) of Section
					 9793, or a supplemental
					 medical-legal evaluation as defined in subdivision (k) of Section
					 9793; provided, however, that
					 payment for interpreter's fees by the claims administrator shall not be
					 required under this paragraph unless the medical report to which the services
					 apply is compensable in accordance with Article 5.6. Nothing in this paragraph,
					 however, shall be construed to relieve the party who retains an interpreter
					 from liability to pay the interpreter's fees in the event the claims
					 administrator is not liable.
(4) A
					 deposition of an injured employee or any person claiming benefits as a
					 dependent of an injured employee, at the request of the claims administrator,
					 including the following related events:
(i)
					 Preparation of the deponent immediately prior to the deposition,
(ii) Reading of a deposition to a deponent
					 prior to signing, and,
(iii)
					 Reading of prior volumes to a deponent in preparation for continuation of a
					 deposition.
(5) An
					 appeals board hearing, or arbitration.
(6) A conference held by an information and
					 assistance officer pursuant to Chapter 2.5 (commencing with Section
					 5450) of Part 4 of Division 4 of
					 the Labor Code to assist in resolving a dispute between an injured employee and
					 a claims administrator.
(7) Other
					 similar settings determined by the Workers' Compensation Appeals Board to be
					 reasonable and necessary to determine the validity and extent of injury to an
					 employee.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.7 - Fees for Interpreter Services › Section 9795.4 - Time for Payment; Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All expenses for interpreter services
					 shall be paid within 60 days after receipt by the claims administrator of the
					 bill for services unless the claims administrator, within this period, contests
					 its liability for such payment, or the reasonableness or the necessity of
					 incurring such expenses. A claims administrator who contests all or any part of
					 a bill for interpreter services shall pay the uncontested amount and notify the
					 interpreter of the objection within 60 days after receipt of the bill. Any
					 notice of objection shall include all of the following:
(1) An explanation of the basis of the
					 objection.
(2) If additional
					 information is needed as a prerequisite to payment of a contested bill or
					 portions thereof, a clear description of the information required.
(3) The name, address and telephone number of
					 the person or office to contact for additional information concerning the
					 objection.
(4) A statement that the
					 interpreter may adjudicate the issue of the contested charge before the
					 Workers' Compensation Appeals Board.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 5.7 - Fees for Interpreter Services › Section 9795.5 - Interpreter Directories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a.
					 Interpreters certified in accordance with sections
					 9795.1.5 (a)(1)
					 and 9795.1.6 (a)(1)
					 are listed at the following websites:
http://jobs.spb.ca.gov/InterpreterListing/
and
http://www.courts.ca.gov/programs-interpreters.htm
.
b. Certified interpreters for the purposes of
					 medical treatment appointments and medical legal exams who meet the
					 qualifications of section
					 9795.1.6(a)(2) are
					 listed in the registry for Certification Commission for Healthcare Interpreters
					 (CCHI) or National Board of Certification for Medical Interpreters (National
					 Board) at the following websites:
https://cchi.learningbuilder.com/Account/Login?ReturnUrl=%2f
or
http://www.certifiedmedicalinterpreters.org/registry
.
(c) Proof of certification may be requested
					 by the claims administrator and shall be provided by the certified interpreter
					 for the purposes of medical treatment appointments and medical legal exams if
					 the interpreter is not listed in the CCHI or National Board website
					 directory.
1. New
						section filed 8-13-2013; operative 8-13-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 33).
Note: Authority cited: Sections
						  133,
						  5307.3,
						  5710 and
						  5811, Labor
						  Code. Reference: Sections
						  4600,
						  4620,
						  4621,
						  5710 and
						  5811, Labor
						  Code; and Sections
						  11435.30,
						  11435.35
						  and
						  68562,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 6 - Consulting Physician, Certification of › Section 9796 - Certification of Consulting Physician, How Initiated

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an injured employee requests an employer to secure
						certification of a consulting physician under Labor Code Section
						4602, the
						employer shall direct a letter in triplicate to the Division of Industrial
						Accidents, attention Medical Director, 525 Golden Gate Avenue, Room 201, San
						Francisco, California 94102, containing the following information:
(a) The name and address of the injured
					 employee;
(b) The name and address
					 of the consulting physician chosen;
(c) The field of practice of the consulting
					 physician.
1.
						Amendment filed 11-7-78; effective thirtieth day thereafter (Register 78, No.
						45).
2. Change without regulatory effect filed 7-11-86; effective
						upon filing (Register 86, No. 28).
Note: Authority cited: Sections
						  124,
						  127,
						  133,
						  138.2,
						  138.3,
						  138.4,
						  139,
						  139.5,
						  139.6,
						  4600,
						  4601,
						  4602,
						  4603,
						  4603.2,
						  4603.5,
						  5307.3,
						  5450,
						  5451,
						  5452,
						  5453,
						  5454, and
						  5455, Labor
						  Code. Reference: Chapters 442, 709, and 1172, Statutes of 1977; Chapter 1017,
						  Statutes of 1976.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 6 - Consulting Physician, Certification of › Section 9799 - Criterion for Certifying Competence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The criterion to be followed by the Administrative
						Director in certifying the competence of the consulting physician chosen by the
						injured employee is that the field of practice is related to the injury or the
						problem for which consultation was requested.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 6 - Consulting Physician, Certification of › Section 9802 - Notification by Administrative Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Director will notify the employer and
						employee as to the competence of a consulting physician within twelve (12) days
						of the date of the receipt of the request for such
						certification.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 7 - Schedule for Rating Permanent Disabilities › Section 9805 - Schedule for Rating Permanent Disabilities, Adoption, Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The method for the determination of percentages of
						permanent disability is set forth in the Schedule for Rating Permanent
						Disabilities, which has been adopted by the Administrative Director effective
						January 1, 2005, and which is hereby incorporated by reference in its entirety
						as though it were set forth below. The schedule adopts and incorporates the
						American Medical Association (AMA)
Guides to the Evaluation of
						Permanent Impairment 5th Edition
. The schedule shall be effective for
						dates of injury on or after January 1, 2005 and for dates of injury prior to
						January 1, 2005, in accordance with subdivision (d) of Labor Code section
						4660, and it
						shall be amended at least once every five years.
The schedule may be downloaded from the Division of
						Workers' Compensation website at
http://www.dir.ca.gov/dwc/dwcrep.htm
.
1.
						Amendment filed 12-8-69; designated effective 1-1-70 (Register 69, No.
						50).
2. Amendment filed 12-14-72; designated effective 1-1-73
						(Register 72, No. 51).
3. Editorial correction (Register 81, No.
						31).
4. Amendment filed 7-15-83; effective thirtieth day thereafter
						(Register 83, No. 30).
5. Editorial correction of 7-15-83 order
						redesignating effective date to 8-1-83 pursuant to Government Code Section
						11346.2(d)
						filed 7-19-83 (Register 83, No. 30).
6. 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.
7. Certificate of Compliance as to 12-31-2004 order, including
						further amendment of section, transmitted to OAL 4-29-2005 and filed 6-10-2005
						(Register 2005, No. 23).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4660,
						  4662,
						  4663 and
						  4664, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 7 - Schedule for Rating Permanent Disabilities › Section 9805.1 - Data Collection, Evaluation, and Revision of Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Director shall:
(1) collect for 18 months permanent
					 disability ratings under the 2005 Permanent Disability Rating Schedule (PDRS)
					 effective for injuries occurring on or after 1/1/05 and effective for injuries
					 occurring on or after 4/19/04 and before 1/1/05 where there has been either no
					 comprehensive medical-legal report or no report by a treating physician
					 indicating the existence of permanent disability, or when the employer is not
					 required to provide the notice required by Labor Code Section
					 4601 to the
					 injured employee;
(2) evaluate the
					 data to determine the aggregate effect of the diminished future earning
					 capacity adjustment on the permanent partial disability ratings under the 2005
					 PDRS; and
(3) revise, if necessary,
					 the diminished future earning capacity adjustment to reflect consideration of
					 an employee's diminished future earning capacity for injuries based on the data
					 collected. If the Administrative Director determines that there is not a
					 sufficient amount of data to perform a statistically valid evaluation, the
					 Administrative Director shall continue to collect data until a valid
					 statistical sample is obtained. If there is a statistically valid sample of
					 data that the Administrative Director determines supports a revision to the
					 diminished future earning capacity adjustment, the Administrative Director
					 shall revise the PDRS before the mandatory five year statutory revision
					 contained in Labor Code section
					 4660(c).
1. New
						section filed 6-10-2005; operative 6-10-2005 (Register 2005, No.
						23).
Note: Authority cited: Sections
						  133 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4660,
						  4662,
						  4663 and
						  4664, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9810 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Article applies to benefit notices
					 prepared on or after its effective date. Where a claim is subject to an
					 alternative dispute resolution (ADR) program pursuant to section
					 3201.5 or
					 3201.7, the
					 contents of any notice required by this Article that would be inconsistent with
					 the provisions of the ADR agreement shall be modified to be consistent with the
					 ADR agreement.
(b) The
					 Administrative Director may issue and revise from time to time a Benefit Notice
					 Instruction Manual as a guide for completing and serving the notices required
					 by this Article.
(c) Benefit
					 notices, excepting those notices whose language or format is set forth in
					 statute or where a specific notice form has been adopted as a regulation, may
					 be produced on the claims administrator's letterhead.
(1) All notices shall identify the claims
					 administrator's name, mailing address, telephone number and website address if
					 available, the employee's name, employer's name, the claim number, the date the
					 notice was sent to the employee, and the date of injury. All notices shall
					 clearly identify the name and telephone number and mailing address of the
					 individual claims examiner responsible for the payment and adjusting of the
					 claim.
(2) Where the claims
					 administrator has a clearly documented reason to believe that disclosure of the
					 claims examiner's name presents or may present a security concern towards the
					 personal safety of the claims examiner, the claims administrator may identify
					 an alternate but specific claims department name and telephone number in lieu
					 of the claims examiner's name and telephone number.
(3) All notices shall include a notation if
					 one or more attachments are being sent with the notice.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9813 - Vocational Rehabilitation Notices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 7-11-89; operative 10-1-89 (Register 89, No. 28).
2.
						New section filed 1-7-94; operative 1-7-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 94, No. 1). For prior history, see Register 89, No. 28.
3.
						Amendment of subsections (a)(2)-(a)(3)(C), (c)(2), (c)(2)(B)-(E), (d)(2) and
						(d)(2)(B)-(E) filed 2-21-95; operative 2-21-95. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 95, No. 8).
4. Amendment of subsections (a), (a)(2)-(3),
						(a)(3)(C), (c)(4)-(d)(1), (d)(2)(A) and (d)(4) filed 12-11-2007; operative
						4-9-2008 (Register 2007, No. 50).
5. Repealer filed 8-24-2015;
						operative 1-1-2016 (Register 2015, No. 35).
Note: Authority cited: Sections
						  59,
						  133,
						  138.3,
						  138.4,
						  139.5(a)(2),
						  4636(d),
						  4637 and
						  5307.3, Labor
						  Code. Reference: Sections
						  138.4,
						  139.5,
						  4061(a), (b),
						  (d),
						  4636,
						  4637,
						  4641,
						  4643,
						  4644,
						  4650(a)-(d),
						  4661.5,
						  4700,
						  4701,
						  4702,
						  4703,
						  4703.5,
						  4903(a)
						  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 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9813.1 - Notice of Offer of Modified or Alternative Work. For Injuries Between January 1, 2004 and December 31, 2012

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of Offer of Modified or Alternative Work. Within
						30 days of the termination of temporary disability indemnity payments, the
						employer may offer, in the form and manner prescribed by section
						10133.53 of these regulations,
						modified or alternative work accommodating the employee's work restrictions,
						lasting at least 12 months.
1. New
						section filed 12-11-2007; operative 4-9-2008 (Register 2007, No.
						50).
2. Amendment of section heading and repealer of subsection (a)
						and subsection (b) designator 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 and repealer of
						subsection (a) and subsection (b) designator 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, transmitted to OAL 9-27-2013 and filed
						11-8-2013; amendments operative 1-1-2014 (Register 2013, No.
						45).
Note: Authority cited: Sections
						  59,
						  133,
						  138.3,
						  138.4,
						  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 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9813.2 - Return to Work Notices. For Injuries Occurring on or After January 1, 2005

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of Offer of Regular Work, Notice of Offer of
						Modified or Alternative Work. Within 60 calendar days from the date that the
						condition of an injured employee with permanent partial disability becomes
						permanent and stationary:
(a) If an
					 employer does not serve the employee with a notice of offer of regular work,
					 modified work or alternative work as set forth in section
					 10002, each payment of permanent
					 partial disability remaining to be paid to the employee from the date of the
					 end of the 60 day period shall be paid in accordance with Labor Code section
					 4658
					 (d)(1) and increased by 15 percent.
(b) If an employer serves the employee with a
					 notice of offer of regular work, modified work or alternative work as set forth
					 in section 10002(b)(3) and
					 (4), each payment of permanent partial
					 disability remaining to be paid from the date the offer was served on the
					 employee shall be paid in accordance with Labor Code section
					 4658
					 (d)(1) and decreased by 15 percent,
					 regardless of whether the employee accepts or rejects the offer.
(c) The employer shall use Form DWC-AD
					 10133.53 (Section
					 10133.53) to offer modified or
					 alternative work, or Form DWC-AD 10003 (Section
					 10003) to offer regular work. The
					 claims administrator may serve the offer of work on behalf of the
					 employer.
1. New
						section filed 12-11-2007; operative 4-9-2008 (Register 2007, No.
						50).
Note: Authority cited: Sections
						  59,
						  133,
						  138.3,
						  138.4,
						  4658 and
						  5307.3, Labor
						  Code. Reference: Sections
						  124,
						  4658 and
						  4658.1, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9814 - Salary Continuation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In relation to periods of temporary disability, where an
						employer provides salary or other payments in lieu of or in excess of temporary
						disability indemnity, the claims administrator or employer shall comply with
						the notice requirements of this article which apply to temporary disability. In
						addition, the claims administrator or employer shall include a full explanation
						of the salary continuation plan with the initial notice.
1.
						Amendment filed 7-11-89; operative 10-1-89 (Register 89, No. 28).
2.
						Amendment of section and NOTE filed 1-7-94; operative 1-7-94. Submitted to OAL
						for printing only pursuant to Government Code section
						11351
						(Register 94, No. 1).
3. Amendment of NOTE filed 8-24-2015;
						operative 1-1-2016 (Register 2015, No. 35).
Note: Authority cited: Sections
						  59,
						  133,
						  138.4,
						  4637 and
						  5307.3, Labor
						  Code. Reference: Sections
						  4650(a),
						  4650(c),
						  4650(d),
						  4650(g),
						  4800,
						  4804.1,
						  4806,
						  4850-
						  4850.7, Labor
						  Code; Sections
						  11651 and
						  11652,
						  Insurance Code; Section
						  19871,
						  Government Code; and Section
						  89529.03,
						  Education Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9815 - Corrected Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If information in any notice, or the action taken as
						reflected in the notice, was incorrect or incomplete, the claims administrator
						shall provide the employee with a corrected notice within 14 days after
						knowledge of the error or omission. The notice shall be identified as a
						"Corrected Notice" and explain the nature and reason for the correction. Any
						additional benefits due as a result of the error or omission shall be paid or
						provided with the notice, if not previously provided.
1.
						Amendment of section and NOTE filed 1-7-94; operative 1-7-94. Submitted to OAL
						for printing only pursuant to Government Code section
						11351
						(Register 94, No. 1).
2. Amendment of section and NOTE filed
						8-24-2015; operative 1-1-2016 (Register 2015, No.
						35).
Note: Authority cited: Sections
						  59,
						  133,
						  138.4,
						  4637 and
						  5307.3, Labor
						  Code. Reference: Sections
						  138.4,
						  4061(a),
						  4061(b),
						  4061(d),
						  4637,
						  4641,
						  4643,
						  4644,
						  4650(a) through
						  (d),
						  4661.5,
						  4700,
						  4701,
						  4702,
						  4703,
						  4703.5,
						  4903(a)
						  and
						  5402, Labor
						  Code; Sections
						  11651 and
						  11652,
						  Insurance Code; Section
						  19871,
						  Government Code; and Section
						  89529.03,
						  Education Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9816 - Enforcement of Reporting Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 1-7-94; operative 1-7-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 94, No. 1).
Note: Authority cited: Sections
						  138.3 and
						  138.4, Labor
						  Code. Reference: Sections
						  138.3,
						  138.4 and
						  5453, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8 - Benefit Notices; Claims Administrator's Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director › Section 9817 - Destruction of Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 1-7-94; operative 1-7-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 94, No. 1).
Note: Authority cited: Sections
						  138.3 and
						  138.4, Labor
						  Code. Reference: Sections
						  138.4,
						  4650,
						  4651,
						  4700-
						  4703 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 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9820 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article:
(a) Administrative Director. The
					 Administrative Director of the Division of Workers' Compensation or the
					 Director's duly authorized representative designee, or delegee.
(b) Advertisement. Any form of communication,
					 in writing, photograph or picture, electronic broadcasting or transmission,
					 that solicits any person to:
(1) file a
					 workers' compensation claim, or,
(2) use any workers' compensation services as
					 defined in subsection (k), or,
(3)
					 engage or consult counsel or a medical care provider or clinic to consider a
					 workers' compensation claim.
The form of advertisement may include, but is not limited
						to, advertising by newspaper, magazine, circular, form letter, publication,
						billboard, card, label, placard, transit advertisement, business card,
						envelope, book, list, directory, radio, motion picture, video, television, or
						electronic mail.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9821 - Coverage and Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article does not apply to attorneys,
					 as defined in Section
					 9820(d), or
					 physicians, as defined in Section
					 9820(i). Nothing
					 in this article shall be construed to obviate or lessen the obligations of
					 attorneys or physicians under Labor Code Sections
					 5430 through
					 5434, or under
					 other provisions of law. A person who was not licensed to practice in
					 California at the time of the act or omission is not considered an attorney or
					 physician under this article, and these regulations apply to such a
					 person.
(b) This article does not
					 apply to government agencies, labor organizations as defined in Labor Code
					 Section
					 1117,
					 charitable organizations, or non-profit tax-exempt bar associations whose
					 primary business or purpose is other than providing workers' compensation
					 services as defined in Section
					 9820(k), or to
					 agents or employees of any of these exempt entities while acting for
					 them.
(c) This article does apply
					 to all other advertisers, as defined in Section
					 9820(c), even
					 though an advertiser who is subject to this article may also be subject to
					 attorney or physician workers' compensation advertising laws because the person
					 advertises with or for an attorney or physician.
(d) The provisions of this article are not
					 exclusive. The Administrative Director may use the remedies in this article and
					 any other remedies provided by law.
(e) Any waiver of this article is void as
					 against public policy.
(f) This
					 article shall not be construed to authorize the unlawful practice of law or
					 medicine by any person.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
2. Amendment of subsection (a) filed 8-7-95;
						operative 8-7-95. Submitted to OAL for printing only pursuant to Government
						Code section
						11351
						(Register 95, No. 32).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9822 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any portion of this article, or the application of any
						part of it to any person or circumstance, is held to be invalid, the rest of
						the article and its application to any other person or circumstance remain
						valid.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9823 - General Workers' Compensation Advertising Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All advertisements shall comply with the following
						rules:
(a) No advertisement shall be
					 false or misleading.
(b) All
					 advertisements shall include the written or spoken fraud notices, in the manner
					 set forth in Labor Code Section
					 5432(a),
					 (b).
(c) If an advertisement includes a
					 testimonial, it must not overstate or distort the facts or results of the
					 person's case, and must qualify the testimonial by stating immediately before
					 or after it:
(1) that each person's case is
					 different and that the reader's or viewer's results will not necessarily be the
					 same as the example;
(2) in the case
					 of a spoken or pictorial testimonial when the speaker is not relating his or
					 her own experience, that the reader, model or performer is an actor and not the
					 actual person involved in the case. The advertisement must give the qualifying
					 information in a similar manner and with similar emphasis as the
					 testimonial.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9824 - Identification as Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An advertisement for a workers' compensation non-attorney
						advisor or representative shall identify the advertiser as a non-attorney as
						follows:
"The advertiser is a representative
[or
an
						advisor
]
who is not an attorney."
This notice shall
						be advertised in the same manner (size, typeface, display, etc.) required for
						the notice specified in Section
						9823(b).
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9825 - Representative's WCAB Qualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall advertise as or on behalf of a
						non-attorney advisor or representative whose right to practice before the
						Workers' Compensation Appeals Board is suspended or revoked when the
						advertisement is published.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9826 - Advertisement by Unlicensed Attorney

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall advertise as or on behalf of a
						non-attorney advisor or representative whose California license to practice law
						is suspended or revoked when the advertisement is published, without stating in
						the advertisement:
"The advertiser is a representative
[or
an advisor
]
whose license to practice law has been
						suspended
[or
revoked
]." This notice shall be
						advertised in the same manner (size, typeface, display, etc.) required for the
						notice specified in Section
						9823(b). This
						section does not permit advertising by a person whose right to practice before
						the WCAB, as well as his license to practice law, is suspended or
						revoked.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  13,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9827 - Advertisement by Unlicensed Medical Provider

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall advertise medical goods or services whose
						provision requires a license, by or on behalf of a person who does not hold a
						valid, active license to provide the goods or services when the advertisement
						is published.
1. New
						section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 53).
Note: Authority cited: Sections
						  59,
						  133,
						  139.43(b)
						  and
						  5307.3, Labor
						  Code. Reference: Sections
						  7,
						  139.43(a), (b),
						  (d),
						  139.45 and
						  5430-
						  5434, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 8.1 - Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising › Section 9828 - Use of Terms "Medical", "Legal", or Comparable Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An advertisement for workers' compensation referral
						services shall not use any of the following terms or their linguistic variants,
						nor any similar designation, in its name or to describe its services:
(1) "medical", "physician", or
					 "doctor";
(2) a term describing a
					 specific area of medical practice such as "surgeon", "osteopath",
					 "psychologist", "chiropractor", "podiatrist", "dentist", "surgeon",
					 "optometrist", or the like;
(3)
					 "legal", "attorney", "law firm", "law office", "law center", "counselor at
					 law", "specialist in workers' compensation law", except:
(a) An advertisement for a medical referral
					 service may use the terms "medical referral" or "physician referral" if the
					 service refers persons who respond to the advertisement only to physicians (as
					 defined in Subsection
					 9820(i)). It may
					 also use the term "medical referral" if it refers for goods or services by
					 medical providers outside the fields of practice listed in subsection
					 9820(i), only to
					 persons licensed to provide those other goods or services. It may use the term
					 "referral" preceded by the name of a specific type of physician, such as
					 "chiropractic referral", "podiatric referral", etc., if it restricts its
					 referrals to physicians of the type named.
(b) An advertisement for a legal referral
					 service may use the terms "legal referral" or "attorney referral" if the
					 service refers persons who respond to the advertisement only to attorneys (as
					 defined in Subsection
					 9820(d)).