Labor Code — Part 9 | LAB — United States — California law | Esheria

Labor Code

Part 9 of 13 · provisions 1,601–1,800

This section says the act is to be known as the Labor Code.

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About this statute

This section points to other code provisions that govern preferred claims for work performed or personal services rendered. This section says the act is named the Promote Ownership by Workers for Economic Recovery Act and may be cited by that name. This section states legislative findings about worker cooperatives and says the Legislature wants to study whether a federated worker cooperative system could help advance the goals of the Future of Work Commission. This section defines two terms used in the division: “Association” and “Secretary.” A state panel must conduct a study on creating an Association of Cooperative Labor Contractors and publish it online by June 30, 2024.

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Provisions of Labor Code

Showing 200 of 2,599

  1. 4817.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 6. Special Payments to Certain Persons [4800 - 4820] ( Heading of Article 6 amended by Stats. 1971, Ch. 918. )

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    The appeals board must decide certain disability questions for California State University Police Department members.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 6. Special Payments to Certain Persons [4800 - 4820] ( Heading of Article 6 amended by Stats. 1971, Ch. 918. ) ## 4817. It shall be the duty of the appeals board to determine, in the case of members of the California State University Police Department, upon the request of the Board of Trustees of the California State University, whether or not the disability referred to in Section 4816 arose out of and in the course of duty. The appeals board shall, also in any disputed case, determine when such disability ceases. (Added by Stats. 1994, Ch. 50, Sec. 2. Effective January 1, 1995.)
  2. 4819.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 6. Special Payments to Certain Persons [4800 - 4820] ( Heading of Article 6 amended by Stats. 1971, Ch. 918. )

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    If a California State University Police Department member’s disability lasts more than one year, the member is then covered by the division’s disability indemnity rules except Section 4816.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 6. Special Payments to Certain Persons [4800 - 4820] ( Heading of Article 6 amended by Stats. 1971, Ch. 918. ) ## 4819. Whenever the disability of a member of the California State University Police Department continues for a period beyond one year, that member shall thereafter be subject, as to disability indemnity, to the provisions of this division other than Section 4816, which refers to temporary disability only, during the remainder of the disability. (Added by Stats. 1994, Ch. 50, Sec. 3. Effective January 1, 1995.)
  3. 4820.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 6. Special Payments to Certain Persons [4800 - 4820] ( Heading of Article 6 amended by Stats. 1971, Ch. 918. )

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    No disability indemnity may be paid to a California State University Police Department member as temporary disability at the same time as wages or salary.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 6. Special Payments to Certain Persons [4800 - 4820] ( Heading of Article 6 amended by Stats. 1971, Ch. 918. ) ## 4820. No disability indemnity shall be paid to a member of the California State University Police Department as temporary disability concurrently with wages or salary payments. (Added by Stats. 1994, Ch. 50, Sec. 4. Effective January 1, 1995.)
  4. 4850.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    Certain full-time public safety employees who are disabled by a job-related injury or illness are entitled to paid leave of absence, usually up to one year.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4850. (a) Whenever any person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the person’s duties, the person shall become entitled, regardless of the person’s period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date as the person is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3. (b) The persons eligible under subdivision (a) include all of the following: (1) City police officers. (2) City, county, or district firefighters. (3) Sheriffs. (4) Officers or employees of any sheriff’s offices. (5) Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney’s office. (6) County probation officers, group counselors, or juvenile services officers. (7) Officers or employees of a probation office. (8) Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class. (9) Lifeguards employed year round on a regular, full-time basis by a county of the first class or by the City of San Diego. (10) Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code. (11) Harbor or port police officers, wardens, or special officers of a harbor or port district or city or county harbor department under subdivision (a) of Section 830.1 or subdivision (b) of Section 830.33 of the Penal Code. (12) Police officers of the Los Angeles Unified School District. (13) Peace officers, as defined in subdivision (b) of Section 830.31 of the Penal Code, who are employed on a regular, full-time basis by a county of the eighth class as defined by Sections 28020 and 28029 of the Government Code. (c) This section shall apply only to persons listed in subdivision (b) who meet the requirements of subdivision (a), and shall not include any of the following: (1) Employees of a police department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active law enforcement service. (2) Employees of a county sheriff’s office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (3) Employees of a county probation office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service. (4) Employees of a city fire department, county fire department, or fire district whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service. (d) If the employer is insured, the payments that, except for this section, the insurer would be obligated to make as disability indemnity to the injured, the insurer may pay to the insured. (e) No leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or by a city, county, or district firefighter, shall be deemed to constitute family care and medical leave, as defined in Section 12945.2 of the Government Code, or to reduce the time authorized for family care and medical leave by Section 12945.2 of the Government Code. (f) This section shall not apply to any persons described in paragraph (1) or (2) of subdivision (b) who are employees of the City and County of San Francisco. (g) Amendments to subdivision (f) made by the act adding this subdivision shall be applied retroactively to January 1, 2010. (Amended by Stats. 2025, Ch. 733, Sec. 1. (SB 8) Effective January 1, 2026.)
  5. 4850.3.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    Some public employers may make advanced disability pension payments to qualifying local safety officers, subject to a minimum payment rule and related conditions.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4850.3. A city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System, is subject to the County Employees Retirement Law of 1937, or is subject to the Los Angeles City Employees’ Retirement System, may make advanced disability pension payments to any local safety officer who has qualified for benefits under Section 4850 and is approved for a disability allowance. The payments shall be no less than 50 percent of the estimated highest average annual compensation earnable by the local safety officer during the three consecutive years of employment immediately preceding the effective date of his or her disability retirement, unless the local safety officer chooses an optional settlement in the permanent disability retirement application process which would reduce the pension allowance below 50 percent. In the case where the local safety officer’s choice lowers the disability pension allowance below 50 percent of average annual compensation as calculated, the advanced pension payments shall be set at an amount equal to the disability pension allowance. If a local agency has an adopted policy of paying for any accumulated sick leave after the safety officer is eligible for a disability allowance, the advanced disability pension payments under this section may only be made when the local safety officer has exhausted all sick leave payments. Advanced disability pension payments shall not be considered a salary under this or any other provision of law. All advanced disability pension payments made by a local agency with membership in the Public Employees’ Retirement System shall be reimbursed by the Public Employees’ Retirement System pursuant to Section 21293.1 of the Government Code. (Amended by Stats. 2000, Ch. 920, Sec. 2. Effective January 1, 2001.)
  6. 4850.4.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    Some public employers must pay advanced disability pension payments, unless specified exceptions apply, and the payments must start within 30 days and can later require repayment if the disability claim is denied.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4850.4. (a) A city, county, special district, or harbor district that is a member of the Public Employees’ Retirement System, is subject to the County Employees Retirement Law of 1937, or is subject to the Los Angeles City Employees’ Retirement Systems, shall make advanced disability pension payments in accordance with Section 4850.3 unless any of the following is applicable: (1) After an examination of the employee by a physician, the physician determines that there is no discernable injury to, or illness of, the employee. (2) The employee was incontrovertibly outside the course of his or her employment duties when the injury occurred. (3) There is proof of fraud associated with the filing of the employee’s claim. (b) Any employer described in subdivision (a) who is required to make advanced disability pension payments, shall make the payments commencing no later than 30 days from the date of issuance of the last disbursed of the following: (1) The employee’s last regular payment of wages or salary. (2) The employee’s last payment of benefits under Section 4850. (3) The employee’s last payment for sick leave. (c) The advanced disability payments shall continue until the claimant is approved or disapproved for a disability allowance pursuant to final adjudication as provided by law. (d) An employer described in subdivision (a) shall be required to make advanced disability pension payments only if the employee does all of the following: (1) Files an application for disability retirement at least 60 days prior to the payment of benefits pursuant to subdivision (a). (2) Fully cooperates in providing the employer with medical information and in attending all statutorily required medical examinations and evaluations set by the employer. (3) Fully cooperates with the evaluation process established by the retirement plan. (e) The 30-day period for the commencement of payments pursuant to subdivision (b) shall be tolled by whatever period of time is directly related to the employee’s failure to comply with the provisions of subdivision (d). (f) After final adjudication, if an employee’s disability application is denied, the local agency and the employee shall arrange for the employee to repay any advanced disability pension payments received by the employee pursuant to this subdivision. The repayment plan shall take into account the employee’s ability to repay the advanced disability payments received. Absent an agreement on repayment, the matter shall be submitted for a local agency administrative appeals remedy that includes an independent level of resolution to determine a reasonable repayment plan. If repayment is not made according to the repayment plan, the local agency may take reasonable steps, including litigation, to recover the payments advanced. (Amended (as added by Stats. 2002, Ch. 189) by Stats. 2002, Ch. 877, Sec. 3. Effective January 1, 2003.)
  7. 4850.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    Certain San Luis Obispo County firefighters, sheriff’s office personnel, and probation-related employees can receive the article’s benefits if the board of supervisors adopts a declaring resolution.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4850.5. Any firefighter employed by the County of San Luis Obispo, and the sheriff or any officer or employee of the sheriff’s office of the County of San Luis Obispo, and any county probation officer, group counselor, or juvenile services officer, or any officer or employee of a probation office, employed by the County of San Luis Obispo, shall, upon the adoption of a resolution of the board of supervisors so declaring, be entitled to the benefits of this article, if otherwise entitled to these benefits, even though the employee is not a member of the Public Employees’ Retirement System or subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code). (Amended by Stats. 1999, Ch. 970, Sec. 2. Effective January 1, 2000.)
  8. 4850.7.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    Some firefighters employed by dependent or independent fire districts may be entitled to this article’s benefits, and the district’s governing body must adopt a resolution if it agrees the benefits apply.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4850.7. (a) Any firefighter employed by a dependent or independent fire district may be entitled to the benefits of this article, if otherwise entitled to these benefits, even though the employee is not a member of the Public Employees’ Retirement System or subject to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code). (b) The issue of whether the firefighters employed by a fire district are entitled to the benefits of this article is subject to Article 10 (commencing with Section 3500) of Chapter 3 of Division 4 of Title 1 of the Government Code. (c) If the governing body of the district agrees that the benefits shall apply, it shall adopt a resolution to that effect. (Added by Stats. 1990, Ch. 905, Sec. 1.)
  9. 4851.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    The governing body of a city, county, or city and county may ask the appeals board to decide whether a Section 4850 disability arose out of and in the course of duty.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4851. The governing body of any city, county, or city and county, in addition to anyone else properly entitled, including the Public Employees’ Retirement System, may request the appeals board to determine in any case, and the appeals board shall determine, whether or not the disability referred to in Section 4850 arose out of and in the course of duty. The appeals board shall also, in any disputed case, determine when the disability commenced and ceased, and the amount of benefits provided by this division to which the employee is entitled during the period of the disability. The appeals board shall have jurisdiction to award and enforce payment of these benefits pursuant to Part 4 (commencing with Section 5300). (Amended by Stats. 1985, Ch. 1050, Sec. 1.)
  10. 4852.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    This section says the article does not reduce or change the medical, surgical, or hospital benefits available to covered officers or employees under the division.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4852. The provisions of this article do not diminish or affect the right of any such officer or employee to the medical, surgical, and hospital benefits prescribed by this division. (Amended by Stats. 1949, Ch. 1143.)
  11. 4853.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    If an officer or employee’s disability lasts more than one year, the person remains subject to the division’s disability-indemnity rules (other than Section 4850), and the leave of absence continues.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4853. Whenever such disability of any such officer or employee continues for a period beyond one year, such member shall thereafter be subject as to disability indemnity to the provisions of this division other than Section 4850 during the remainder of the period of said disability or until the effective date of his retirement under the Public Employees’ Retirement Act, and the leave of absence shall continue. (Amended by Stats. 1969, Ch. 639.)
  12. 4854.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    Disability indemnity may not be paid at the same time as wages or salary to the covered officer or employee.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4854. No disability indemnity shall be paid to any such officer or employee concurrently with wages or salary payments. (Amended by Stats. 1951, Ch. 1378.)
  13. 4855.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    This article does not apply to reserve public safety employees who are deemed employees of a county, city, town, or district for workers’ compensation purposes under Section 3362.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4855. This article shall not be applicable to individuals who are appointed as reserve public safety employees and are deemed to be employees of a county, city, town or district for workmen’s compensation purposes pursuant to Section 3362. (Added by Stats. 1968, Ch. 1178.)
  14. 4856.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. )

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    In these death-in-duty cases, the employer must keep health benefits going for the deceased employee’s spouse, minor dependents keep coverage, and the surviving spouse cannot add a new spouse or stepchildren to that coverage.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compensation Schedules [4550 - 4856] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 7. City Police and Firemen, Sheriffs, and Others [4850 - 4856] ( Heading of Article 7 amended by Stats. 1968, Ch. 109. ) ## 4856. (a) Whenever any local employee who is a firefighter, peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a Sheriff’s Special Officer of the County of Orange, is killed in the performance of their duty or dies as a result of an accident or injury caused by external violence or physical force incurred in the performance of their duty, the employer shall continue providing health benefits to the deceased employee’s spouse under the same terms and conditions provided prior to the death, or prior to the accident or injury that caused the death, of the employee unless the surviving spouse elects to receive a lump-sum survivors benefit in lieu of monthly benefits. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, until 26 years of age. However, pursuant to Section 22822 of the Government Code, the surviving spouse may not add the new spouse or stepchildren as family members under the continued health benefits coverage of the surviving spouse. (b) Subdivision (a) also applies to the employer of any local employee who is a firefighter, or peace officer as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who was killed in the performance of their duty or who died as a result of an accident or injury caused by external violence or physical force incurred in the performance of their duty prior to September 30, 1996. (Amended by Stats. 2025, Ch. 653, Sec. 1. (SB 447) Effective January 1, 2026.)
  15. 4900.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A compensation claim generally cannot be assigned before payment, except as provided in Section 96.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4900. No claim for compensation, except as provided in Section 96, is assignable before payment, but this provision does not affect the survival thereof. (Amended by Stats. 1953, Ch. 555.)
  16. 4901.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Compensation claims and compensation awarded, adjudged, or paid generally cannot be taken for the debts of the person entitled to it, except as later provided.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4901. No claim for compensation nor compensation awarded, adjudged, or paid, is subject to be taken for the debts of the party entitled to such compensation except as hereinafter provided. (Enacted by Stats. 1937, Ch. 90.)
  17. 4902.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Compensation must be paid directly to the claimant, unless the appeals board orders otherwise.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4902. No compensation, whether awarded or voluntarily paid, shall be paid to any attorney at law or in fact or other agent, but shall be paid directly to the claimant entitled thereto unless otherwise ordered by the appeals board. No payment made to an attorney at law or in fact or other agent in violation of this section shall be credited to the employer. (Amended by Stats. 1965, Ch. 1513.)
  18. 4903.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board may allow certain listed amounts as liens against compensation and may set lien priorities when more than one lien is allowed.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903. The appeals board may determine, and allow as liens against any sum to be paid as compensation, any amount determined as hereinafter set forth in subdivisions (a) through (i). If more than one lien is allowed, the appeals board may determine the priorities, if any, between the liens allowed. The liens that may be allowed hereunder are as follows: (a) A reasonable attorney’s fee for legal services pertaining to any claim for compensation either before the appeals board or before any of the appellate courts, and the reasonable disbursements in connection therewith. No fee for legal services shall be awarded to any representative who is not an attorney, except with respect to those claims for compensation for which an application, pursuant to Section 5501, has been filed with the appeals board on or before December 31, 1991, or for which a disclosure form, pursuant to Section 4906, has been sent to the employer, or insurer or third-party administrator, if either is known, on or before December 31, 1991. (b) The reasonable expense incurred by or on behalf of the injured employee, as provided by Article 2 (commencing with Section 4600), and to the extent the employee is entitled to reimbursement under Section 4621, medical-legal expenses as provided by Article 2.5 (commencing with Section 4620) of Chapter 2 of Part 2, except those disputes subject to independent medical review or independent bill review. (c) The reasonable value of the living expenses of an injured employee or of his or her dependents, subsequent to the injury. (d) The reasonable burial expenses of the deceased employee, not to exceed the amount provided for by Section 4701. (e) The reasonable living expenses of the spouse or minor children of the injured employee, or both, subsequent to the date of the injury, where the employee has deserted or is neglecting his or her family. These expenses shall be allowed in the proportion that the appeals board deems proper, under application of the spouse, guardian of the minor children, or the assignee, pursuant to subdivision (a) of Section 11477 of the Welfare and Institutions Code, of the spouse, a former spouse, or minor children. A collection received as a result of a lien against a workers’ compensation award imposed pursuant to this subdivision for payment of child support ordered by a court shall be credited as provided in Section 695.221 of the Code of Civil Procedure. (f) The amount of unemployment compensation disability benefits that have been paid under or pursuant to the Unemployment Insurance Code in those cases where, pending a determination under this division there was uncertainty whether the benefits were payable under the Unemployment Insurance Code or payable hereunder; provided, however, that any lien under this subdivision shall be allowed and paid as provided in Section 4904. (g) The amount of unemployment compensation benefits and extended duration benefits paid to the injured employee for the same day or days for which he or she receives, or is entitled to receive, temporary total disability indemnity payments under this division; provided, however, that any lien under this subdivision shall be allowed and paid as provided in Section 4904. (h) The amount of family temporary disability insurance benefits that have been paid to the injured employee pursuant to the Unemployment Insurance Code for the same day or days for which that employee receives, or is entitled to receive, temporary total disability indemnity payments under this division, provided, however, that any lien under this subdivision shall be allowed and paid as provided in Section 4904. (i) The amount of indemnification granted by the California Victims of Crime Program pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2014, Ch. 217, Sec. 3. (AB 2732) Effective January 1, 2015.)
  19. 4903.05.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Lien claimants must file liens with the appeals board in the required form and include supporting documents; some liens must be filed electronically and may require a declaration and filing fee.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.05. (a) Every lien claimant shall file its lien with the appeals board in writing upon a form approved by the appeals board. The lien shall be accompanied by a full statement or itemized voucher supporting the lien and justifying the right to reimbursement and proof of service upon the injured worker or, if deceased, upon the worker’s dependents, the employer, the insurer, and the respective attorneys or other agents of record. For liens filed on or after January 1, 2017, the lien shall also be accompanied by an original bill in addition to either the full statement or itemized voucher supporting the lien. Medical records shall be filed only if they are relevant to the issues being raised by the lien. (b) Any lien claim for expenses under subdivision (b) of Section 4903 or for claims of costs shall be filed with the appeals board electronically using the form approved by the appeals board. The lien shall be accompanied by a proof of service and any other documents that may be required by the appeals board. The service requirements for Section 4603.2 are not modified by this section. (c) (1) For liens filed on or after January 1, 2017, any lien claim for expenses under subdivision (b) of Section 4903 that is subject to a filing fee under this section shall be accompanied at the time of filing by a declaration stating, under penalty of perjury, that the dispute is not subject to an independent bill review and independent medical review under Sections 4603.6 and 4610.5, respectively, that the lien claimant satisfies one of the following: (A) Is the employee’s treating physician providing care through a medical provider network. (B) Is the agreed medical evaluator or qualified medical evaluator. (C) Has provided treatment authorized by the employer or claims administrator under Section 4610. (D) Has made a diligent search and determined that the employer does not have a medical provider network in place. (E) Has documentation that medical treatment has been neglected or unreasonably refused to the employee as provided by Section 4600. (F) Can show that the expense was incurred for an emergency medical condition, as defined by subdivision (b) of Section 1317.1 of the Health and Safety Code. (G) Is a certified interpreter rendering services during a medical-legal examination, a copy service providing medical-legal services, or has an expense allowed as a lien under rules adopted by the administrative director. (2) Lien claimants shall have until July 1, 2017, to file a declaration pursuant to paragraph (1) for any lien claim filed before January 1, 2017, for expenses pursuant to subdivision (b) of Section 4903 that is subject to a filing fee under this section. (3) The failure to file a signed declaration under this subdivision shall result in the dismissal of the lien with prejudice by operation of law. Filing of a false declaration shall be grounds for dismissal with prejudice after notice. (d) All liens filed on or after January 1, 2013, for expenses under subdivision (b) of Section 4903 or for claims of costs shall be subject to a filing fee as provided by this subdivision. (1) The lien claimant shall pay a filing fee of one hundred fifty dollars ($150) to the Division of Workers’ Compensation prior to filing a lien and shall include proof that the filing fee has been paid. The fee shall be collected through an electronic payment system that accepts major credit cards and any additional forms of electronic payment selected by the administrative director. If the administrative director contracts with a service provider for the processing of electronic payments, any processing fee shall be absorbed by the division and not added to the fee charged to the lien filer. (2) On or after January 1, 2013, a lien submitted for filing that does not comply with paragraph (1) shall be invalid, even if lodged with the appeals board, and shall not operate to preserve or extend any time limit for filing of the lien. (3) The claims of two or more providers of goods or services shall not be merged into a single lien. (4) The filing fee shall be collected by the administrative director. All fees shall be deposited in the Workers’ Compensation Administration Revolving Fund and applied for the purposes of that fund. (5) The administrative director shall adopt reasonable rules and regulations governing the procedure for the collection of the filing fee, including emergency regulations as necessary to implement this section. (6) Any lien filed for goods or services that are not the proper subject of a lien may be dismissed upon request of a party by verified petition or on the appeals board’s own motion. If the lien is dismissed, the lien claimant will not be entitled to reimbursement of the filing fee. (7) No filing fee shall be required for a lien filed by a health care service plan licensed pursuant to Section 1349 of the Health and Safety Code, a group disability insurer under a policy issued in this state pursuant to the provisions of Section 10270.5 of the Insurance Code, a self-insured employee welfare benefit plan, as defined in Section 10121 of the Insurance Code, that is issued in this state, a Taft-Hartley health and welfare fund, or a publicly funded program providing medical benefits on a nonindustrial basis. (Amended by Stats. 2016, Ch. 868, Sec. 8. (SB 1160) Effective January 1, 2017.)
  20. 4903.06.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain older liens must pay a $100 lien activation fee, provide proof of payment, and meet the stated deadlines, or the lien may be dismissed.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.06. (a) Any lien filed pursuant to subdivision (b) of Section 4903 prior to January 1, 2013, and any cost that was filed as a lien prior to January 1, 2013, shall be subject to a lien activation fee unless the lien claimant provides proof of having paid a filing fee as previously required by former Section 4903.05 as added by Chapter 639 of the Statutes of 2003. (1) The lien claimant shall pay a lien activation fee of one hundred dollars ($100) to the Division of Workers’ Compensation on or before January 1, 2014. The fee shall be collected through an electronic payment system that accepts major credit cards and any additional forms of electronic payment selected by the administrative director. If the administrative director contracts with a service provider for the processing of electronic payments, any processing fee shall be absorbed by the division and not added to the fee charged to the lien filer. (2) The lien claimant shall include proof of payment of the filing fee or lien activation fee with the declaration of readiness to proceed. (3) The lien activation fee shall be collected by the administrative director. All fees shall be deposited in the Workers’ Compensation Administration Revolving Fund and applied for the purposes of that fund. The administrative director shall adopt reasonable rules and regulations governing the procedure for the collection of the lien activation fee and to implement this section, including emergency regulations, as necessary. (4) All lien claimants that did not file the declaration of readiness to proceed and that remain a lien claimant of record at the time of a lien conference shall submit proof of payment of the activation fee at the lien conference. If the fee has not been paid or no proof of payment is available, the lien shall be dismissed with prejudice. (5) Any lien filed pursuant to subdivision (b) of Section 4903 prior to January 1, 2013, and any cost that was filed as a lien prior to January 1, 2013, for which the filing fee or lien activation fee has not been paid by January 1, 2014, is dismissed by operation of law. (b) This section shall not apply to any lien filed by a health care service plan licensed pursuant to Section 1349 of the Health and Safety Code, a group disability insurer under a policy issued in this state pursuant to the provisions of Section 10270.5 of the Insurance Code, a self-insured employee welfare benefit plan, as defined in Section 10121 of the Insurance Code, that is issued in this state, a Taft-Hartley health and welfare fund, or a publicly funded program providing medical benefits on a nonindustrial basis. (Added by Stats. 2012, Ch. 363, Sec. 64. (SB 863) Effective January 1, 2013.)
  21. 4903.07.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A lien claimant may recover a lien filing fee or lien activation fee, plus interest, from the employer if the statute’s timing, settlement-demand, and award conditions are met.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.07. (a) A lien claimant shall be entitled to an order or award for reimbursement from the employer of a lien filing fee or lien activation fee, together with interest at the rate allowed on civil judgments, only if all of the following conditions are satisfied: (1) Not less than 30 days before filing the lien for which the filing fee was paid or filing the declaration of readiness for which the lien activation fee was paid, the lien claimant has made written demand for settlement of the lien claim for a clearly stated sum which shall be inclusive of all claims of debt, interest, penalty, or other claims potentially recoverable on the lien. (2) The defendant fails to accept the settlement demand in writing within 20 days of receipt of the demand for settlement, or within any additional time as may be provide by the written demand. (3) After submission of the lien dispute to the appeals board or an arbitrator, a final award is made in favor of the lien claimant of a specified sum that is equal to or greater than the amount of the settlement demand. The amount of the interest and filing fee or lien activation fee shall not be considered in determining whether the award is equal to or greater than the demand. (b) This section shall not preclude an order or award of reimbursement of the filing fee or activation fee pursuant to the express terms of an agreed disposition of a lien dispute. (Amended by Stats. 2014, Ch. 217, Sec. 4. (AB 2732) Effective January 1, 2015.)
  22. 4903.1.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board or arbitrator must decide certain lien and reimbursement issues before issuing an award or approving a compromise claim, and the award or approval must provide reimbursement in the ways described here.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.1. (a) The appeals board or arbitrator, before issuing an award or approval of any compromise of claim, shall determine, on the basis of liens filed with it pursuant to Section 4903.05, whether any benefits have been paid or services provided by a health care provider, a health care service plan, a group disability policy, including a loss-of-income policy or a self-insured employee welfare benefit plan, and its award or approval shall provide for reimbursement for benefits paid or services provided under these plans as follows: (1) If the appeals board issues an award finding that an injury or illness arises out of and in the course of employment, but denies the applicant reimbursement for self-procured medical costs solely because of lack of notice to the applicant’s employer of his or her need for hospital, surgical, or medical care, the appeals board shall nevertheless award a lien against the employee’s recovery, to the extent of benefits paid or services provided, for the effects of the industrial injury or illness, by a health care provider, a health care service plan, a group disability policy or a self-insured employee welfare benefit plan, subject to the provisions described in subdivision (b). (2) If the appeals board issues an award finding that an injury or illness arises out of and in the course of employment, and makes an award for reimbursement for self-procured medical costs, the appeals board shall allow a lien, to the extent of benefits paid or services provided, for the effects of the industrial injury or illness, by a health care provider, a health care service plan, a group disability policy or a self-insured employee welfare benefit plan, subject to the provisions of subdivision (b). For purposes of this paragraph, benefits paid or services provided by a self-insured employee welfare benefit plan shall be determined notwithstanding the official medical fee schedule adopted pursuant to Section 5307.1. (3) (A) If the appeals board issues an award finding that an injury or illness arises out of and in the course of employment and makes an award for temporary disability indemnity, the appeals board shall allow a lien as living expense under Section 4903, for benefits paid by a group disability policy providing loss-of-time benefits and for loss-of-time benefits paid by a self-insured employee welfare benefit plan. The lien shall be allowed to the extent that benefits have been paid for the same day or days for which temporary disability indemnity is awarded and shall not exceed the award for temporary disability indemnity. A lien shall not be allowed hereunder unless the group disability policy or self-insured employee welfare benefit plan provides for reduction, exclusion, or coordination of loss-of-time benefits on account of workers’ compensation benefits. (B) For purposes of this paragraph, “self-insured employee welfare benefit plan” means any plan, fund, or program that is established or maintained by an employer or by an employee organization, or by both, to the extent that the plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, other than through the purchase of insurance, either of the following: (i) Medical, surgical, or hospital care or benefits. (ii) Monetary or other benefits in the event of sickness, accident, disability, death, or unemployment. (4) If the parties propose that the case be disposed of by way of a compromise and release agreement, in the event the lien claimant, other than a health care provider, does not agree to the amount allocated to it, then the appeals board shall determine the potential recovery and reduce the amount of the lien in the ratio of the applicant’s recovery to the potential recovery in full satisfaction of its lien claim. (b) Notwithstanding subdivision (a), payment or reimbursement shall not be allowed, whether payable by the employer or payable as a lien against the employee’s recovery, for any expense incurred as provided by Article 2 (commencing with Section 4600) of Chapter 2 of Part 2, nor shall the employee have any liability for the expense, if at the time the expense was incurred the provider either knew or in the exercise of reasonable diligence should have known that the condition being treated was caused by the employee’s present or prior employment, unless at the time the expense was incurred at least one of the following conditions was met: (1) The expense was incurred for services authorized by the employer. (2) The expense was incurred for services furnished while the employer failed or refused to furnish treatment as required by subdivision (c) of Section 5402. (3) The expense was necessarily incurred for an emergency medical condition, as defined by subdivision (b) of Section 1317.1 of the Health and Safety Code. (c) The changes made to this section by Senate Bill 457 of the 2011–12 Regular Session do not modify in any way the rights or obligations of the following: (1) Any health care provider to file and prosecute a lien pursuant to subdivision (b) of Section 4903. (2) A payer to conduct utilization review pursuant to Section 4610. (3) Any party in complying with the requirements under Section 4903. (Amended by Stats. 2012, Ch. 712, Sec. 1.5. (SB 1105) Effective January 1, 2013.)
  23. 4903.2.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If a lien claimant is reimbursed and the listed conditions are met, the appeals board may award the applicant’s attorney a fee from the lien claimant’s recovery.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.2. Where a lien claimant is reimbursed pursuant to subdivision (f) or (g) of Section 4903 or Section 4903.1, for benefits paid or services provided, the appeals board may award an attorney’s fee to the applicant’s attorney out of the lien claimant’s recovery if the appeals board determines that all of the following occurred: (a) The lien claimant received notice of all hearings following the filing of the lien and received notice of intent to award the applicant’s attorney a fee. (b) An attorney or other representative of the lien claimant did not participate in the proceedings before the appeals board with respect to the lien claim. (c) There were bona fide issues respecting compensability, or respecting allowability of the lien, such that the services of an attorney were reasonably required to effectuate recovery on the claim of lien and were instrumental in effecting the recovery. (d) The case was not disposed of by compromise and release. The amount of the attorney’s fee out of the lien claimant’s recovery shall be based on the extent of applicant’s attorney’s efforts on behalf of the lien claimant. The ratio of the amount of the attorney’s fee awarded against the lien claimant’s recovery to that recovery shall not exceed the ratio of the amount of the attorney’s fee awarded against the applicant’s award to that award. (Amended by Stats. 1983, Ch. 142, Sec. 108.)
  24. 4903.3.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The director may provide compensation, including medical treatment, from the Uninsured Employers Fund in certain cases before an award is issued; the appeals board must treat that amount as a first lien.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.3. The director, as administrator of the Uninsured Employers Fund, may, in his discretion, provide compensation, including medical treatment, from the Uninsured Employers Fund in cases to which the director is a party before the issuance of any award, if such compensation is not being provided to the applicant. The appeals board shall determine and allow as a first lien against any sum to be paid as compensation the amount of compensation, including the cost of medical treatment, provided by the director pursuant to this section. (Added by Stats. 1981, Ch. 894, Sec. 9.)
  25. 4903.4.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If a lien dispute arises over expenses for an injured employee, the appeals board may handle it in a separate proceeding and may allow binding arbitration if the employer, lien claimant, and employee agree.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.4. (a) If a dispute arises concerning a lien for expenses incurred by or on behalf of the injured employee as provided by Article 2 (commencing with Section 4600) of Chapter 2 of Part 2, the appeals board may resolve the dispute in a separate proceeding, which may include binding arbitration upon agreement of the employer, lien claimant, and the employee, if the employee remains a party to the dispute, according to the rules of practice and procedure. (b) If the dispute is heard at a separate proceeding it shall be calendared for hearing or hearings as determined by the appeals board based upon the resources available to the appeals board and other considerations as the appeals board deems appropriate and shall not be subject to Section 5501.5. (Amended by Stats. 2013, Ch. 287, Sec. 6. (SB 375) Effective January 1, 2014.)
  26. 4903.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section sets filing deadlines for lien claims for expenses and limits when a lien claimant may file a declaration of readiness to proceed.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.5. (a) A lien claim for expenses as provided in subdivision (b) of Section 4903 shall not be filed after three years from the date the services were provided, nor more than 18 months after the date the services were provided, if the services were provided on or after July 1, 2013. (b) Notwithstanding subdivision (a), any health care service plan licensed pursuant to Section 1349 of the Health and Safety Code, group disability insurer under a policy issued in this state pursuant to the provisions of Section 10270.5 of the Insurance Code, self-insured employee welfare benefit plan issued in this state as defined in Section 10121 of the Insurance Code, Taft-Hartley health and welfare fund, or publicly funded program providing medical benefits on a nonindustrial basis, may file a lien claim for expenses as provided in subdivision (b) of Section 4903 within 12 months after the entity first knew or in the exercise of reasonable diligence should have known that an industrial injury is being claimed, but in no event later than five years from the date the services were provided to the employee. (c) The injured worker shall not be liable for any underlying obligation if a lien claim has not been filed and served within the allowable period. Except when the lien claimant is the applicant as provided in Section 5501 or as otherwise permitted by rules of practice and procedure adopted by the appeals board, a lien claimant shall not file a declaration of readiness to proceed in any case until the case-in-chief has been resolved. (d) This section shall not apply to civil actions brought under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the federal Racketeer Influenced and Corrupt Organization Act (Chapter 96 (commencing with Section 1961) of Title 18 of the United States Code) based on concerted action with other insurers that are not parties to the case in which the lien or claim is filed. (Amended by Stats. 2012, Ch. 363, Sec. 68. (SB 863) Effective January 1, 2013.)
  27. 4903.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section limits when certain lien claims and applications for adjudication may be filed or served, requires notice of representation changes, restricts filing a declaration of readiness for some liens, and limits lien claimants’ access to injured workers’ medical information unless the appeals board approves.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.6. (a) Except as necessary to meet the requirements of Section 4903.5, a lien claim or application for adjudication shall not be filed or served under subdivision (b) of Section 4903 until both of the following have occurred: (1) Sixty days have elapsed after the date of acceptance or rejection of liability for the claim, or expiration of the time provided for investigation of liability pursuant to subdivision (b) of Section 5402, whichever date is earlier. (2) Either of the following: (A) The time provided for payment of medical treatment bills pursuant to Section 4603.2 has expired and, if the employer objected to the amount of the bill, the reasonable fee has been determined pursuant to Section 4603.6, and, if authorization for the medical treatment has been disputed pursuant to Section 4610, the medical necessity of the medical treatment has been determined pursuant to Sections 4610.5 and 4610.6. (B) The time provided for payment of medical-legal expenses pursuant to Section 4622 has expired and, if the employer objected to the amount of the bill, the reasonable fee has been determined pursuant to Section 4603.6. (b) All lien claimants under Section 4903 shall notify the employer and the employer’s representative, if any, and the employee and the employee’s representative, if any, and the appeals board within five working days of obtaining, changing, or discharging representation by an attorney or nonattorney representative. The notice shall set forth the legal name, address, and telephone number of the attorney or nonattorney representative. (c) A declaration of readiness to proceed shall not be filed for a lien under subdivision (b) of Section 4903 until the underlying case has been resolved or where the applicant chooses not to proceed with the applicant’s case. (d) With the exception of a lien for services provided by a physician as defined in Section 3209.3, a lien claimant shall not be entitled to any medical information, as defined in subdivision (i) of Section 56.05 of the Civil Code, about an injured worker without prior written approval of the appeals board. Any order authorizing disclosure of medical information to a lien claimant other than a physician shall specify the information to be provided to the lien claimant and include a finding that the information is relevant to the proof of the matter for which the information is sought. The appeals board shall adopt reasonable regulations to ensure compliance with this section, and shall take any further steps as may be necessary to enforce the regulations, including, but not limited to, impositions of sanctions pursuant to Section 5813. (e) The prohibitions of this section do not apply to lien claims, applications for adjudication, or declarations of readiness to proceed filed by or on behalf of the employee, or to the filings by or on behalf of the employer. (Amended by Stats. 2023, Ch. 131, Sec. 144. (AB 1754) Effective January 1, 2024.)
  28. 4903.8.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section limits lien payment to the lien owner, restricts lien assignment, and requires assignment copies and supporting declarations to be filed and served on schedule.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4903.8. (a) (1) Any order or award for payment of a lien filed pursuant to subdivision (b) of Section 4903 shall be made for payment only to the person who was entitled to payment for the expenses as provided in subdivision (b) of Section 4903 at the time the expenses were incurred, who is the lien owner, and not to an assignee unless the person has ceased doing business in the capacity held at the time the expenses were incurred and has assigned all right, title, and interest in the remaining accounts receivable to the assignee. (2) All liens filed pursuant to subdivision (b) of Section 4903 shall be filed in the name of the lien owner only, and no payment shall be made to any lien claimant without evidence that he or she is the owner of that lien. (3) Paragraph (1) does not apply to an assignment that was completed prior to January 1, 2013, or that was required by a contract that became enforceable and irrevocable prior to January 1, 2013. This paragraph is declarative of existing law. (4) For liens filed after January 1, 2017, the lien shall not be assigned unless the person has ceased doing business in the capacity held at the time the expenses were incurred and has assigned all right, title, and interest in the remaining accounts receivable to the assignee. The assignment of a lien, in violation of this paragraph is invalid by operation of law. (b) If there has been an assignment of a lien, either as an assignment of all right, title, and interest in the accounts receivable or as an assignment for collection, a true and correct copy of the assignment shall be filed and served. (1) If the lien is filed on or after January 1, 2013, and the assignment occurs before the filing of the lien, the copy of the assignment shall be served at the time the lien is filed. (2) If the lien is filed on or after January 1, 2013, and the assignment occurs after the filing of the lien, the copy of the assignment shall be served within 20 days of the date of the assignment. (3) If the lien is filed before January 1, 2013, the copy of the assignment shall be served by January 1, 2014, or with the filing of a declaration of readiness or at the time of a lien hearing, whichever is earliest. (c) If there has been more than one assignment of the same receivable or bill, the appeals board may set the matter for hearing on whether the multiple assignments constitute bad-faith actions or tactics that are frivolous, harassing, or intended to cause unnecessary delay or expense. If so found by the appeals board, appropriate sanctions, including costs and attorney’s fees, may be awarded against the assignor, assignee, and their respective attorneys. (d) At the time of filing of a lien on or after January 1, 2013, or in the case of a lien filed before January 1, 2013, at the earliest of the filing of a declaration of readiness, a lien hearing, or January 1, 2014, supporting documentation shall be filed including one or more declarations under penalty of perjury by a natural person or persons competent to testify to the facts stated, declaring both of the following: (1) The services or products described in the bill for services or products were actually provided to the injured employee. (2) The billing statement attached to the lien truly and accurately describes the services or products that were provided to the injured employee. (e) A lien submitted for filing on or after January 1, 2013, for expenses provided in subdivision (b) of Section 4903, that does not comply with the requirements of this section shall be deemed to be invalid, whether or not accepted for filing by the appeals board, and shall not operate to preserve or extend any time limit for filing of the lien. (f) This section shall take effect without regulatory action. The appeals board and the administrative director may promulgate regulations and forms for the implementation of this section. (Amended by Stats. 2016, Ch. 868, Sec. 9. (SB 1160) Effective January 1, 2017.)
  29. 4904.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section requires insurers or uninsured employers to give written notice to the Employment Development Department after certain lien claims and sets deadlines for that notice. It also tells the appeals board how to handle lien amounts and compromise-and-release settlements.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4904. (a) If notice is given in writing to the insurer, or to the employer if uninsured, setting forth the nature and extent of any claim that is allowable as a lien in favor of the Employment Development Department, the claim is a lien against any amount thereafter payable as temporary or permanent disability compensation, subject to the determination of the amount and approval of the lien by the appeals board. When the Employment Development Department has served an insurer or employer with a lien claim, the insurer or employer shall notify the Employment Development Department, in writing, as soon as possible, but in no event later than 15 working days after commencing disability indemnity payments. When a lien has been served on an insurer or an employer by the Employment Development Department, the insurer or employer shall notify the Employment Development Department, in writing, within 10 working days of filing an application for adjudication, a stipulated award, or a compromise and release with the appeals board. (b) (1) In determining the amount of lien to be allowed for unemployment compensation disability benefits under subdivision (f) of Section 4903, the appeals board shall allow the lien in the amount of benefits which it finds were paid for the same day or days of disability for which an award of compensation for any permanent disability indemnity resulting solely from the same injury or illness or temporary disability indemnity, or both, is made and for which the employer has not reimbursed the Employment Development Department pursuant to Section 2629.1 of the Unemployment Insurance Code. (2) In determining the amount of lien to be allowed for unemployment compensation benefits and extended duration benefits under subdivision (g) of Section 4903, the appeals board shall allow the lien in the amount of benefits which it finds were paid for the same day or days for which an award of compensation for temporary total disability is made. (3) In determining the amount of lien to be allowed for family temporary disability insurance benefits under subdivision (h) of Section 4903, the appeals board shall allow the lien in the amount of benefits that it finds were paid for the same day or days for which an award of compensation for temporary total disability is made and for which the employer has not reimbursed the Employment Development Department pursuant to Section 2629.1 of the Unemployment Insurance Code. (c) In the case of agreements for the compromise and release of a disputed claim for compensation, the applicant and defendant may propose to the appeals board, as part of the compromise and release agreement, an amount out of the settlement to be paid to any lien claimant claiming under subdivision (f), (g), or (h) of Section 4903. If the lien claimant objects to the amount proposed for payment of its lien under a compromise and release settlement or stipulation, the appeals board shall determine the extent of the lien claimant’s entitlement to reimbursement on its lien and make and file findings on all facts involved in the controversy over this issue in accordance with Section 5313. The appeals board may approve a compromise and release agreement or stipulation which proposes the disallowance of a lien, in whole or in part, only where there is proof of service upon the lien claimant by the defendant, not less than 15 days prior to the appeals board action, of all medical and rehabilitation documents and a copy of the proposed compromise and release agreement or stipulation. The determination of the appeals board, subject to petition for reconsideration and to the right of judicial review, as to the amount of lien allowed under subdivision (f), (g), or (h) of Section 4903, whether in connection with an award of compensation or the approval of a compromise and release agreement, shall be binding on the lien claimant, the applicant, and the defendant, insofar as the right to benefits paid under the Unemployment Insurance Code for which the lien was claimed. The appeals board may order the amount of any lien claim, as determined and allowed by it, to be paid directly to the person entitled, either in a lump sum or in installments. (d) Where unemployment compensation disability benefits, including family temporary disability insurance benefits, have been paid pursuant to the Unemployment Insurance Code while reconsideration of an order, decision, or award is pending, or has been granted, the appeals board shall determine and allow a final amount on the lien as of the date the board is ready to issue its decision denying a petition for reconsideration or affirming, rescinding, altering or amending the original findings, order, decision, or award. (e) The appeals board shall not be prohibited from approving a compromise and release agreement on all other issues and deferring to subsequent proceedings the determination of a lien claimant’s entitlement to reimbursement if the defendant in any of these proceedings agrees to pay the amount subsequently determined to be due under the lien claim. (f) The amendments made to this section by the act adding this subdivision are declaratory of existing law, and shall not constitute good cause to reopen, rescind, or amend any final order, decision, or award of the appeals board. (Amended by Stats. 2012, Ch. 363, Sec. 71. (SB 863) Effective January 1, 2013.)
  30. 4904.1.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Payment of liens under Section 4904 does not affect immediate payments of the remaining award balance to an injured claimant when disability installments have been determined.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4904.1. The payment of liens as provided in Section 4904, shall in no way affect the commencement of immediate payments on any balance of the award to the injured claimant where an installment payment for his disability has been determined. (Added by Stats. 1957, Ch. 1241.)
  31. 4905.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    In some pending appeals board proceedings, the board may order payment of a claim directly to the person entitled, without a prior lien request, except for liens covered by Section 4903(b).

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4905. Except with regard to liens as permitted by subdivision (b) of Section 4903, if it appears in any proceeding pending before the appeals board that a lien should be allowed if it had been duly requested by the party entitled thereto, the appeals board may, without any request for such lien having been made, order the payment of the claim to be made directly to the person entitled, in the same manner and with the same effect as though the lien had been regularly requested, and the award to such person shall constitute a lien against unpaid compensation due at the time of service of the award. (Amended by Stats. 2012, Ch. 363, Sec. 72. (SB 863) Effective January 1, 2013.)
  32. 4906.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section restricts attorney fees and requires a detailed disclosure form, board approval, and filings before certain workers’ compensation legal fees can be paid.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4906. (a) A charge, claim, or agreement for the legal services or disbursements mentioned in subdivision (a) of Section 4903, or for the expense mentioned in subdivision (b) of Section 4903, is not enforceable, valid, or binding in excess of a reasonable amount. The appeals board may determine what constitutes a reasonable amount, but payment pursuant to subdivision (a) of Section 4903 or Section 5710 shall not be allowed for any services or expenses incurred prior to the filing of the disclosure form described in subdivision (e) with the appeals board and the sending of that form to the employer, or to the insurer or third-party administrator, if either is known, by the attorney. (b) An attorney or agent shall not demand or accept any fee from an employee or dependent of an employee for the purpose of representing the employee or dependent of an employee in any proceeding of the division, appeals board, or any appellate procedure related thereto until the amount of the fee has been approved or set by the appeals board. (c) Any fee agreement shall be submitted to the appeals board for approval within 10 days after the agreement is made. (d) In establishing a reasonable attorney’s fee, consideration shall be given to the responsibility assumed by the attorney, the care exercised in representing the applicant, the time involved, and the results obtained. (e) At the initial consultation, an attorney shall furnish the employee a written disclosure form promulgated by the administrative director which shall clearly and prominently describe the procedures available to the injured employee or his or her dependents. The disclosure form shall describe this section, the range of attorney’s fees customarily approved by the appeals board, and the attorney’s fees provisions of Section 4064 and the extent to which an employee may receive compensation without incurring attorney’s fees. The disclosure form shall include the telephone number of the administrative director together with the statement that the employee may receive answers at that number to questions concerning entitlement to compensation or the procedures to follow to receive compensation. A copy of the disclosure form shall be signed by the employee and the attorney and filed with the appeals board and sent to the employer, or insurer or third-party administrator, if either is known, by the attorney within 15 days of the employee’s and attorney’s execution thereof. (f) The disclosure form set forth in subdivision (e) shall contain, prominently stated, the following statement: “Any person who makes or causes to be made any knowingly false or fraudulent material statement or representation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony.” (g) (1) The disclosure form described in subdivision (e) shall also contain a paragraph setting forth the exact location of the district office of the appeals board at which the employee’s case will be filed. This paragraph shall also contain, prominently displayed, the following statement: “The employee has been advised of the district office at which his or her case will be filed and that he or she may be required to attend conferences or hearings at this location at his or her own expense.” (2) The disclosure form may not be signed by the employee until he or she has been advised of the location at which his or her case will be filed, has met with or personally spoken with an attorney licensed by the State Bar of California who is regularly employed by the firm by which the employee will be represented, and has been advised of his or her rights as set forth in subdivision (e) and the provisions of paragraph (1). The name of this individual shall be clearly and legibly set forth on the disclosure form. (3) The disclosure form shall include the actual date the disclosure form was signed by both the employee and the attorney and shall be signed under penalty of perjury by the attorney representing the employee, or an attorney licensed by the State Bar of California who is regularly employed by his or her firm. A copy of the disclosure form containing all of the required information shall be given to the employee when he or she signs the disclosure form. (h) In addition to the disclosure form, the employee, the insurer, the employer, and the attorneys for each party shall sign under penalty of perjury and file with the board a statement, with the complete application or answer, and in addition to the disclosure required pursuant to subdivision (g), that they have not violated Section 139.3 and that they have not offered, delivered, received, or accepted any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for any referred examination or evaluation. (i) An attorney who subsequently assumes the representation of the employee in the same action or proceeding shall complete a disclosure form that meets all of the requirements of this section and the statement required by subdivision (h). Both the form and the statement shall be signed under penalty of perjury by the attorney or an attorney licensed by the State Bar of California who is regularly employed by his or her firm. Both the disclosure form and the statement shall be filed with the appeals board and sent to the employer, or insurer or third-party administrator, if either is known, by the attorney within 15 days of the employee’s and attorney’s execution of the form and statement. Payment pursuant to subdivision (a) of Section 4903 or Section 5710 shall not be allowed for any services or expenses incurred prior to the filing of the disclosure form described in subdivision (e) with the appeals board and the sending of that form to the employer, or to the insurer or third-party administrator, if either is known, by the attorney. (Amended by Stats. 2016, Ch. 852, Sec. 2. (AB 1244) Effective January 1, 2017.)
  33. 4907.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may, after a hearing, remove, deny, or suspend a nonattorney’s privilege to appear as a representative in workers’ compensation proceedings, except for attorneys admitted to the state Supreme Court.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4907. (a) The privilege of any person, except attorneys admitted to practice in the Supreme Court of the state, to appear in any proceeding as a representative of any party before the appeals board, or any of its workers’ compensation administrative law judges, may, after a hearing, be removed, denied, or suspended by the appeals board for either of the following: (1) For a violation of this chapter, the Rules of the Workers’ Compensation Appeals Board, or the Rules of the Administrative Director. (2) For other good cause, including, but not limited to, failure to pay final order of sanctions, attorney’s fees, or costs issued under Section 5813. (b) For purposes of this section, nonattorney representatives shall be held to the same professional standards of conduct as attorneys. (Amended by Stats. 2012, Ch. 363, Sec. 73. (SB 863) Effective January 1, 2013.)
  34. 4908.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Claims for workers’ compensation, and related awards or judgments, get the same priority over the employer’s and insurer’s debts as wage claims.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4908. A claim for compensation for the injury or death of any employee, or any award or judgment entered thereon, has the same preference over the other debts of the employer, or his estate and of the insurer which is given by the law to claims for wages. Such preference is for the entire amount of the compensation to be paid. This section shall not impair the lien of any previous award. (Amended by Stats. 1939, Ch. 649.)
  35. 4909.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain payments or benefits received during incapacity, or by dependents after death, are not admissions of employer liability and do not waive the employee’s or dependents’ claims against the employer.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4909. Any payment, allowance, or benefit received by the injured employee during the period of his incapacity, or by his dependents in the event of his death, which by the terms of this division was not then due and payable or when there is any dispute or question concerning the right to compensation, shall not, in the absence of any agreement, be an admission of liability for compensation on the part of the employer, but any such payment, allowance, or benefit may be taken into account by the appeals board in fixing the amount of the compensation to be paid. The acceptance of any such payment, allowance, or benefit shall not operate as a waiver of any right or claim which the employee or his dependents has against the employer. (Amended by Stats. 1965, Ch. 1513.)
  36. 4909.1.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Authorized representatives of the Department of Corrections and the Department of the Youth Authority may ask the State Compensation Insurance Fund to provide payments, allowances, or benefits under Section 4909, and the Fund must administer the benefits promptly when asked.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment and Assignment [4900 - 4909.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 4909.1. Authorized representatives of the Department of Corrections, and the Department of the Youth Authority may request the State Compensation Insurance Fund to provide any payment, allowance, or benefit as described in Section 4909. When requested by an authorized representative, the State Compensation Insurance Fund shall administer the benefits in a timely fashion. (Added by Stats. 1988, Ch. 1233, Sec. 3.)
  37. 5.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The general provisions in this code apply to interpreting the code unless the context requires otherwise.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 5. Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1937, Ch. 90.)
  38. 50.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section states that the Department of Industrial Relations exists within the Labor and Workforce Development Agency.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 50. There is in the Labor and Workforce Development Agency the Department of Industrial Relations. (Amended by Stats. 2002, Ch. 859, Sec. 11. Effective January 1, 2003.)
  39. 50.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Department of Industrial Relations is to foster and promote California wage earners’ welfare, improve working conditions, and advance opportunities for profitable employment.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 50.5. One of the functions of the Department of Industrial Relations is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. (Added by Stats. 1939, Ch. 276.)
  40. 50.6.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Department of Industrial Relations may help enforce the Fair Labor Standards Act in California and may be reimbursed for the reasonable cost, if the stated conditions are met.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 50.6. The Department of Industrial Relations may assist and cooperate with the Wage and Hour Division, and the Children’s Bureau, United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938, and, subject to the regulations of the Administrator of the Wage and Hour Division, or the Chief of the Children’s Bureau, and subject to the laws of the State applicable to the receipt and expenditures of money, may be reimbursed by the division or the bureau for the reasonable cost of such assistance and cooperation. (Added by Stats. 1953, Ch. 31.)
  41. 50.7.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Department of Industrial Relations must administer California’s occupational safety and health state plan, and the Governor and department must take steps to prevent federal withdrawal of approval.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 50.7. (a) The Department of Industrial Relations is the state agency designated to be responsible for administering the state plan for the development and enforcement of occupational safety and health standards relating to issues covered by corresponding standards promulgated under the federal Occupational Safety and Health Act of 1970 (Public Law 91-596). The state plan shall be consistent with the provisions of state law governing occupational safety and health, including, but not limited to, Chapter 6 (commencing with Section 140) and Chapter 6.5 (commencing with Section 148) of Division 1, and Division 5 (commencing with Section 6300), of this code. (b) The budget and budget bill submitted pursuant to Article IV, Section 12 of the California Constitution shall include in the item for the support of the Department of Industrial Relations amounts sufficient to fully carry out the purposes and provisions of the state plan and this code in a manner which assures that the risk of industrial injury, exposure to toxic substances, illness and death to employees will be minimized. (c) Because Federal grants are available, maximum Federal funding shall be sought and, to the extent possible, the cost of administering the state plan shall be paid by funds obtained from federal grants. (d) The Governor and the Department of Industrial Relations shall take all steps necessary to prevent withdrawal of approval for the state plan by the Federal government. If Federal approval of the state plan has been withdrawn before passage of this initiative, or if it is withdrawn at any time after passage of this initiative, the Governor shall submit a new state plan immediately so that California shall be approved and shall continue to have access to Federal funds. (Amended November 8, 1988, by initiative Proposition 97. Note: Prop. 97 is titled the California Occupational Safety and Health Restoration Act.)
  42. 50.8.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The department must develop a long-range occupational health and medicine program and arrange for California occupational health centers, including one in the north and one in the south.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 50.8. The department shall develop a long range program for upgrading and expanding the resources of the State of California in the area of occupational health and medicine. The program shall include a contractual agreement with the University of California for the creation of occupational health centers affiliated with regional schools of medicine and public health. One such occupational health center shall be situated in the northern part of the state and one in the southern part. The primary function of these occupational health centers shall be the training of occupational physicians and nurses, toxicologists, epidemiologists, and industrial hygienists. In addition, the centers shall serve as referral centers for occupational illnesses and shall engage in research on the causes, diagnosis, and prevention of occupational illnesses. The centers shall also inform the Division of Occupational Safety and Health Administration of the Department of Industrial Relations, State Department of Health Services, and the Department of Food and Agriculture of their clinical and research findings. (Added by Stats. 1978, Ch. 1245. Note: See changes set forth in Governor's Reorg. Plan 1 of 1991.)
  43. 50.9.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The director or Director of Employment Development may comment on the impact of proposed public agency actions or projects on profitable employment opportunities, and the agencies must consider those comments in their decisions.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 50.9. In furtherance of the provisions of Section 50.5, the director, or the Director of Employment Development, may comment on the impact of actions or projects proposed by public agencies on opportunities for profitable employment, and such agencies shall consider such comments in their decisions. (Added by Stats. 1979, Ch. 880.)
  44. 500.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “workday,” “workweek,” and “alternative workweek schedule” for this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 500. For purposes of this chapter, the following terms shall have the following meanings: (a) “Workday” and “day” mean any consecutive 24-hour period commencing at the same time each calendar day. (b) “Workweek” and “week” mean any seven consecutive days, starting with the same calendar day each week. “Workweek” is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. (c) “Alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period. (Added by Stats. 1999, Ch. 134, Sec. 3. Effective January 1, 2000.)
  45. 5000.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer cannot be exempted from workers’ compensation liability by contract, rule, or regulation, but the law preserves compromise of claimed liabilities and limits any dependent’s interest to what the employee can lawfully release.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5000. No contract, rule, or regulation shall exempt the employer from liability for the compensation fixed by this division, but nothing in this division shall: (a) Impair the right of the parties interested to compromise, subject to the provisions herein contained, any liability which is claimed to exist under this division on account of injury or death. (b) Confer upon the dependents of any injured employee any interest which the employee may not release by compromise or for which he, or his estate is in the event of such compromise by him accountable to dependents. (Enacted by Stats. 1937, Ch. 90.)
  46. 5001.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says compensation measures the employer’s responsibility for employee injuries or deaths in covered employment, and a release of liability or compromise agreement is not valid unless approved by the appeals board or a referee.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5001. Compensation is the measure of the responsibility which the employer has assumed for injuries or deaths which occur to employees in his employment when subject to this division. No release of liability or compromise agreement is valid unless it is approved by the appeals board or referee. (Amended by Stats. 1965, Ch. 1513.)
  47. 5002.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A signed copy of the release or compromise agreement must be filed with the appeals board, and the board may then enter an award based on it.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5002. A copy of the release or compromise agreement signed by both parties shall forthwith be filed with the appeals board. Upon filing with and approval by the appeals board, it may, without notice, of its own motion or on the application of either party, enter its award based upon the release or compromise agreement. (Amended by Stats. 1965, Ch. 1513.)
  48. 5003.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A release or compromise agreement must be written, properly executed, and signed or acknowledged with the required witness or notary formalities. It must also state specific settlement and injury details.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5003. Every release or compromise agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify: (a) The date of the accident. (b) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division. (c) The nature of the disability, whether total or partial, permanent or temporary. (d) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made. (e) The length of time such payment or benefit is to continue. (f) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant. (Amended by Stats. 1967, Ch. 1721.)
  49. 5004.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If there is a death, the release or compromise agreement must state the date of death, the widow’s name, the names and ages of all children, the names of other dependents, whether the dependents are total or partial, and the amount and recipient of any death benefit.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5004. In case of death there shall also be stated in the release or compromise agreement: (a) The date of death. (b) The name of the widow. (c) The names and ages of all children. (d) The names of all other dependents. (e) Whether the dependents are total or partial. (f) The amount paid or to be paid as a death benefit and to whom payment is to be made. (Enacted by Stats. 1937, Ch. 90.)
  50. 5005.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In certain occupational disease or cumulative injury claims, the employee and an employer or insurer may make a compromise and release agreement, and the appeals board or a referee must approve it before it has the stated release effect.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5005. In any case involving a claim of occupational disease or cumulative injury, as set forth in Section 5500.5, the employee and any employer, or any insurance carrier for any employer, may enter into a compromise and release agreement settling either all or any part of the employee’s claim, including a part of his claim against any employer. Such compromise and release agreement, upon approval by the appeals board or a referee, shall be a total release as to such employer or insurance carrier for the portion or portions of the claim released, but shall not constitute a bar to a recovery from any one or all of the remaining employers or insurance carriers for the periods of exposure not so released. In any case where a compromise and release agreement of a portion of a claim has been made and approved, the employee may elect to proceed as provided in Section 5500.5 against any one or more of the remaining employers, or against an employer for that portion of his exposure not so released; in any such proceeding after election following compromise and release, that portion of liability attributable to the portion or portions of the exposure so released shall be assessed and deducted from the liability of the remaining defendant or defendants, but any such defendant shall receive no credit for any moneys paid by way of compromise and release in excess of the liability actually assessed against the released employments and the employee shall not receive any further benefits from the released employments for any liability assessed to them above what was paid by way of compromise and release. In approving a compromise and release agreement under this section, the appeals board or referee shall determine the adequacy of the compromise and release agreement as it shall then reflect the potential liability of the released exposure after apportionment, but need not make a final actual determination of the potential liability of the employer or employers for that portion of the exposure being released. (Added by Stats. 1974, Ch. 1164.)
  51. 5006.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An appeals board fact determination under this chapter does not prevent later criminal prosecution or litigation of the same facts in that criminal case.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Compromise and Release [5000 - 5006] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5006. A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding. (Added by Stats. 1995, Ch. 158, Sec. 1. Effective January 1, 1996.)
  52. 51.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Department of Industrial Relations is controlled by the Director of Industrial Relations, who is appointed by the Governor with Senate consent and serves at the Governor’s pleasure.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 51. The department shall be conducted under the control of an executive officer known as Director of Industrial Relations. The Director of Industrial Relations shall be appointed by the Governor with the advice and consent of the Senate and hold office at the pleasure of the Governor and shall receive an annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1983, Ch. 142, Sec. 97.)
  53. 510.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must pay overtime at higher rates when employees work over certain daily or weekly hour limits.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 510. (a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1) An alternative workweek schedule adopted pursuant to Section 511. (2) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. (3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554. (b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code. (c) This section does not affect, change, or limit an employer’s liability under the workers’ compensation law. (Amended by Stats. 1999, Ch. 134, Sec. 4. Effective January 1, 2000.)
  54. 5100.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board may convert workers’ compensation payments into a lump sum and set when it will be paid if the listed conditions are met.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5100. At the time of making its award, or at any time thereafter, the appeals board, on its own motion either upon notice, or upon application of either party with due notice to the other, may commute the compensation payable under this division to a lump sum and order it to be paid forthwith or at some future time if any of the following conditions appear: (a) That such commutation is necessary for the protection of the person entitled thereto, or for the best interest of the applicant. In determining what is in the best interest of the applicant, the appeals board shall consider the general financial condition of the applicant, including but not limited to, the applicant’s ability to live without periodic indemnity payments and to discharge debts incurred prior to the date of injury. (b) That commutation will avoid inequity and will not cause undue expense or hardship to the applicant. (c) That the employer has sold or otherwise disposed of the greater part of his assets or is about to do so. (d) That the employer is not a resident of this state. (Amended by Stats. 1982, Ch. 1015, Sec. 1.)
  55. 5100.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board must not commute compensation to a lump sum if the compensation is payable under Section 4751.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5100.5. Notwithstanding the provisions of Section 5100, the appeals board shall not commute the compensation payable under this division to a lump sum when such compensation is payable under Section 4751 of the Labor Code. (Amended by Stats. 1965, Ch. 1513.)
  56. 5100.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board must not allow commutation or settlement of certain prospective compensation, indemnity payments, or other vocational rehabilitation benefits.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5100.6. Notwithstanding the provisions of Section 5100, the appeals board shall not permit the commutation or settlement of prospective compensation or indemnity payments or other benefits to which the employee is entitled under vocational rehabilitation. (Amended by Stats. 1998, Ch. 524, Sec. 2. Effective January 1, 1999.)
  57. 5101.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board must calculate lump sum payments using different methods depending on whether the injury causes temporary disability, permanent disability, or death.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5101. The amount of the lump sum shall be determined as follows: (a) If the injury causes temporary disability, the appeals board shall estimate the probable duration thereof and the probable amount of the temporary disability payments therefor, in accordance with Chapter 2 of Part 2 of this division, and shall fix the lump sum at the amount so determined. (b) If the injury causes permanent disability or death, the appeals board shall fix the total amount of the permanent disability payment or death benefit payable therefor in accordance with Chapter 2 of Part 2 of this division, and shall estimate the present value thereof, assuming interest at the rate of 3 percent per annum and disregarding the probability of the beneficiary’s death in all cases except where the percentage of permanent disability is such as to entitle the beneficiary to a life pension, and then taking into consideration the probability of the beneficiary’s death only in estimating the present value of such life pension. (Amended by Stats. 1965, Ch. 1513.)
  58. 5102.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may direct a lump sum payment to the injured employee, the employee’s dependents, or certain authorized deposit options; if the employee dies, the dependents have no further recourse against the employer under this chapter.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5102. The appeals board may order the lump sum paid directly to the injured employee or his dependents, or deposited with any savings bank or trust company authorized to transact business in this state, which agrees to accept the same as a deposit bearing interest; or the appeals board may order the lump sum deposited with the State Compensation Insurance Fund. Any lump sum so deposited, together with all interest derived therefrom, shall thereafter be held in trust for the injured employee, or in the event of his death, for his dependents. In the event of the employee’s death, his dependents shall have no further recourse against the employer under this chapter. (Amended by Stats. 1965, Ch. 1513.)
  59. 5103.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A trustee may make payments from the deposited lump sum only in the amounts and at the times set by the appeals board, until the lump sum and its interest are used up.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5103. Payments from the lump sum so deposited shall be made by the trustee only in the amounts and at the time fixed by order of the appeals board and until the lump sum and interest thereon are exhausted. (Amended by Stats. 1965, Ch. 1513.)
  60. 5104.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    When a trustee is appointed, the injured employee’s or dependents’ choice may be preferred.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5104. In the appointment of the trustee, preference may be given to the choice of the injured employee or his dependents. (Enacted by Stats. 1937, Ch. 90.)
  61. 5105.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    After a lump-sum payment, the employer must give the appeals board a proper receipt, and the appeals board must issue a certificate showing payment.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5105. Upon the payment of a lump sum, the employer shall present to the appeals board a proper receipt evidencing the same, executed either by the injured employee or his dependents, or by the trustee. The appeals board shall thereupon issue its certificate in proper form evidencing such payment. Such certificate, upon filing with the clerk of the superior court in which any judgment upon an award has been entered, operates as a satisfaction of the award and fully discharges the employer from any further liability on account thereof. (Amended by Stats. 1965, Ch. 1513.)
  62. 5106.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    If the employer is uninsured and future compensation installments are involved, the appeals board must calculate the present worth at 3% per year and order that amount paid into the Uninsured Employers Fund.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3. COMPENSATION CLAIMS [4900 - 5106] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Lump Sum Payments [5100 - 5106] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5106. The appeals board shall, upon the request of the Director of Industrial Relations, where the employer is uninsured and the installments of compensation awarded are to be paid in the future, determine the present worth of the future payments, discounted at the rate of 3 percent per annum, and order the present worth paid into the Uninsured Employers Fund, which fund shall thereafter pay to the beneficiaries of the award the future payments as they become due. (Amended by Stats. 1987, Ch. 202, Sec. 3.)
  63. 511.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Employees may adopt an alternative workweek schedule of up to 10 hours per day within 40 hours if approved by a two-thirds secret-ballot vote; overtime and reporting rules apply.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 511. (a) Upon the proposal of an employer, the employees of an employer may adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation pursuant to this section. A proposal to adopt an alternative workweek schedule shall be deemed adopted only if it receives approval in a secret ballot election by at least two-thirds of affected employees in a readily identifiable work unit. The regularly scheduled alternative workweek proposed by an employer for adoption by employees may be a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. Notwithstanding subdivision (c) of Section 500, the menu of work schedule options may include a regular schedule of eight-hour days that are compensated in accordance with subdivision (a) of Section 510. Employees who adopt a menu of work schedule options may, with employer consent, move from one schedule option to another on a weekly basis. (b) An affected employee working longer than eight hours but not more than 12 hours in a day pursuant to an alternative workweek schedule adopted pursuant to this section shall be paid an overtime rate of compensation of no less than one and one-half times the regular rate of pay of the employee for any work in excess of the regularly scheduled hours established by the alternative workweek agreement and for any work in excess of 40 hours per week. An overtime rate of compensation of no less than double the regular rate of pay of the employee shall be paid for any work in excess of 12 hours per day and for any work in excess of eight hours on those days worked beyond the regularly scheduled workdays established by the alternative workweek agreement. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. (c) An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal, or nullification of an alternative workweek schedule. (d) An employer shall make a reasonable effort to find a work schedule not to exceed eight hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative schedule hours established as the result of that election. An employer shall be permitted to provide a work schedule not to exceed eight hours in a workday to accommodate any employee who was hired after the date of the election and who is unable to work the alternative schedule established as the result of that election. An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section 12940 of the Government Code. (e) The results of any election conducted pursuant to this section shall be reported by an employer to the Division of Labor Standards Enforcement within 30 days after the results are final. (f) Any type of alternative workweek schedule that is authorized by this code and that was in effect on January 1, 2000, may be repealed by the affected employees pursuant to this section. Any alternative workweek schedule that was adopted pursuant to Wage Order Number 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is null and void, except for an alternative workweek providing for a regular schedule of no more than 10 hours’ work in a workday that was adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to wage orders of the Industrial Welfare Commission in effect prior to 1998. This subdivision does not apply to exemptions authorized pursuant to Section 515. (g) Notwithstanding subdivision (f), an alternative workweek schedule in the health care industry adopted by a two-thirds vote of affected employees in a secret ballot election pursuant to Wage Order Numbers 4 and 5 in effect prior to 1998 that provided for workdays exceeding 10 hours but not exceeding 12 hours in a day without the payment of overtime compensation shall be valid until July 1, 2000. An employer in the health care industry shall make a reasonable effort to accommodate any employee in the health care industry who is unable to work the alternative schedule established as the result of a valid election held in accordance with provisions of Wage Order Number 4 or 5 that were in effect prior to 1998. (h) Notwithstanding subdivision (f), if an employee is voluntarily working an alternative workweek schedule providing for a regular work schedule of not more than 10 hours’ work in a workday as of July 1, 1999, an employee may continue to work that alternative workweek schedule without the entitlement of the payment of daily overtime compensation for the hours provided in that schedule if the employer approves a written request of the employee to work that schedule. (i) For purposes of this section, “work unit” includes a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision thereof. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this section is met. (Amended by Stats. 2012, Ch. 46, Sec. 88. (SB 1038) Effective June 27, 2012.)
  64. 512.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Employers generally must provide a 30-minute meal period after more than 5 hours of work and a second 30-minute meal period after more than 10 hours, subject to listed waivers and industry-specific exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 512. (a) An employer shall not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer shall not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived. (b) (1) Notwithstanding subdivision (a), the Industrial Welfare Commission may adopt a working condition order permitting a meal period to commence after six hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees. (2) Notwithstanding paragraph (1), a commercial driver employed by a motor carrier transporting nutrients and byproducts from a commercial feed manufacturer subject to Section 15051 of the Food and Agricultural Code to a customer located in a remote rural location may commence a meal period after six hours of work, if the regular rate of pay of the driver is no less than one and one-half times the state minimum wage and the driver receives overtime compensation in accordance with Section 510. (c) Subdivision (a) does not apply to an employee in the wholesale baking industry who is subject to an Industrial Welfare Commission wage order and who is covered by a valid collective bargaining agreement that provides for a 35-hour workweek consisting of five 7-hour days, payment of one and one-half times the regular rate of pay for time worked in excess of seven hours per day, and a rest period of not less than 10 minutes every two hours. (d) If an employee in the motion picture industry or the broadcasting industry, as those industries are defined in Industrial Welfare Commission Wage Order Numbers 11 and 12, is covered by a valid collective bargaining agreement that provides for meal periods and includes a monetary remedy if the employee does not receive a meal period required by the agreement, then the terms, conditions, and remedies of the agreement pertaining to meal periods apply in lieu of the applicable provisions pertaining to meal periods of subdivision (a) of this section, Section 226.7, and Industrial Welfare Commission Wage Order Numbers 11 and 12. (e) Subdivisions (a) and (b) do not apply to an employee specified in subdivision (f) if both of the following conditions are satisfied: (1) The employee is covered by a valid collective bargaining agreement. (2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for meal periods for those employees, final and binding arbitration of disputes concerning application of its meal period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (f) Subdivision (e) applies to each of the following employees: (1) An employee employed in a construction occupation. (2) An employee employed as a commercial driver. (3) An employee employed in the security services industry as a security officer who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, and who is employed by a private patrol operator registered pursuant to that chapter. (4) An employee employed by an electrical corporation, a gas corporation, a water corporation, or a local publicly owned electric utility. (g) The following definitions apply for the purposes of this section: (1) “Commercial driver” means an employee who operates a vehicle described in Section 260 or 462 of, or subdivision (b) of Section 15210 of, the Vehicle Code. (2) “Construction occupation” means all job classifications associated with construction by Article 2 (commencing with Section 7025) of Chapter 9 of Division 3 of the Business and Professions Code, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, and repair, and any other similar or related occupation or trade. (3) “Electrical corporation” has the same meaning as provided in Section 218 of the Public Utilities Code. (4) “Gas corporation” has the same meaning as provided in Section 222 of the Public Utilities Code. (5) “Local publicly owned electric utility” has the same meaning as provided in Section 224.3 of the Public Utilities Code. (6) “Water corporation” has the same meaning as provided in Section 241 of the Public Utilities Code. (Amended by Stats. 2025, Ch. 95, Sec. 1. (SB 693) Effective January 1, 2026.)
  65. 512.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Employees covered here are entitled to specified meal and rest periods, and employers must pay an extra hour if they fail to provide them.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 512.1. (a) An employee directly employed by an employer shall be entitled to one unpaid 30-minute meal period on shifts over 5 hours and a second unpaid 30-minute meal period on shifts over 10 hours, as provided by Section 512. (1) The employee may waive a meal period in accordance with subdivision (a) of Section 512 and paragraph (D) of Section 11 of Wage Order Number 4 or paragraph (D) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission. (2) On-duty meal periods may be provided in accordance with paragraph (A) of Section 11 of Wage Order Number 4 or paragraph (A) of Section 11 of Wage Order Number 5 of the Industrial Welfare Commission. (b) An employee who is directly employed by an employer shall be entitled to a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof, as provided by Wage Order Number 4 and Wage Order Number 5 of the Industrial Welfare Commission. (c) If an employer fails to provide to an employee a meal period or rest period in accordance with this section, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest period is not provided. (d) This section does not apply to an employee directly employed by an employer who is covered by a valid collective bargaining agreement that provides for meal and rest periods, and, if the employee does not receive a meal or rest period as required by the agreement, includes a monetary remedy that, at a minimum, is equivalent to one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest period is not provided. (e) As used in this section: (1) “Employee” means an employee who provides direct patient care or supports direct patient care in a general acute care hospital, clinic, or public health setting. (2) “Employer” means the state, political subdivisions of the state, counties, municipalities, and the Regents of the University of California. (3) “General acute care hospital” means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (Added by Stats. 2022, Ch. 845, Sec. 2. (SB 1334) Effective January 1, 2023.)
  66. 512.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section exempts certain airline cabin crew employees from meal and rest period requirements and bars new legal actions for covered persons starting December 5, 2022.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 512.2. (a) Notwithstanding any other provision of law, including applicable wage orders, the requirement to provide a meal or rest period pursuant to an applicable statute, regulation, ordinance, standard, or order shall not apply to an airline cabin crew employee if the employee meets either of the following conditions: (1) The employee is covered by a valid collective bargaining agreement under the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) and that agreement contains any provision addressing meal and rest periods for airline cabin crew employees. (2) The employee is part of a craft or class of employees that is represented by a labor organization pursuant to the Railway Labor Act (45 U.S.C. Sec. 151 et seq.) but is not yet covered by a valid collective bargaining agreement described in paragraph (1). This paragraph shall apply for the first 12 months that the craft or class of employees is represented by a labor organization and may apply for longer than the first 12 months only if agreed upon in writing by the employer and the labor organization representing the employee’s craft or class. (b) For purposes of this section, a collective bargaining agreement “contains any provision addressing meal and rest periods” if the agreement contains any provision providing for meal and rest periods; providing compensation in lieu of meals, or per diem, which may be in lieu of meals; or providing a recognition of a right to eat on board an aircraft during the course of a duty day. (c) Notwithstanding any other law, commencing December 5, 2022, a person shall not file a new legal action by or on behalf of a person covered by a collective bargaining agreement meeting the requirements of paragraph (1) of subdivision (a) asserting a claim for alleged meal or rest break violations. (d) This section shall not affect a settlement agreement or final judgment of any civil action brought by an airline cabin crew employee, or class thereof, against an employer on a claim of a meal or rest break violation. (Added by Stats. 2023, Ch. 2, Sec. 1. (SB 41) Effective March 23, 2023.)
  67. 512.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The Industrial Welfare Commission may exempt certain public-agency commercial motor vehicle employees from meal- and rest-period order provisions if they are covered by a valid collective bargaining agreement and the exemption is consistent with their health and welfare.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 512.5. (a) Notwithstanding any provision of this chapter, if the Industrial Welfare Commission adopts or amends an order that applies to an employee of a public agency who operates a commercial motor vehicle, it may exempt that employee from the application of the provisions of that order which relate to meal periods or rest periods, consistent with the health and welfare of that employee, if he or she is covered by a valid collective bargaining agreement. (b) “Commercial motor vehicle” for the purposes of this section has the same meaning as provided in subdivision (b) of Section 15210 of the Vehicle Code. (c) “Public agency” for the purposes of this section means the state and any political subdivision of the state, including any city, county, city and county, or special district. (Added by Stats. 2003, Ch. 327, Sec. 1. Effective January 1, 2004.)
  68. 513.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    An employee must give a signed written request each time they want to make up work time, and the employer may not encourage or solicit that request. If approved, eligible makeup hours in the same workweek generally are not counted for overtime calculation, except hours above 11 in a day or 40 in a week.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 513. If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time was lost, may not be counted towards computing the total number of hours worked in a day for purposes of the overtime requirements specified in Section 510 or 511, except for hours in excess of 11 hours of work in one day or 40 hours in one workweek. An employee shall provide a signed written request for each occasion that the employee makes a request to make up work time pursuant to this section. An employer is prohibited from encouraging or otherwise soliciting an employee to request the employer’s approval to take personal time off and make up the work hours within the same week pursuant to this section. (Added by Stats. 1999, Ch. 134, Sec. 7. Effective January 1, 2000.)
  69. 514.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement meets specified wage, hour, working-condition, overtime, and minimum pay requirements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 514. Sections 510 and 511 do not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage. (Amended by Stats. 2001, Ch. 148, Sec. 1. Effective January 1, 2002.)
  70. 514.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain minor league baseball players are exempt from specified working-hours sections, and the Department of Industrial Relations must republish a wage order to reflect that exemption.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 514.5. (a) Sections 510, 511, and 512 do not apply to a person who is covered by a contract to play baseball at the minor league level with a labor organization that has at least 10 years of experience representing baseball players and who is compensated pursuant to the terms of a valid collective bargaining agreement that expressly provides for the wages, hours of work, working conditions of employees, payment for time worked during the off-season and spring training, and final and binding arbitration of disputes. (b) (1) By three months after the effective date of this section, the Department of Industrial Relations shall amend and republish Wage Order No. 10-2001 to provide that Sections 3 to 7, inclusive, and Sections 9 to 12, inclusive, of the wage order do not apply to a person subject to this section. (2) An amendment and republication pursuant to this section are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and from the procedures described in Sections 1177, 1178.5, 1181, 1182, and 1182.1. (Added by Stats. 2023, Ch. 866, Sec. 2. (SB 332) Effective October 13, 2023.)
  71. 515.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The Industrial Welfare Commission may create overtime exemptions for certain executive, administrative, and professional employees, but only if specified duties and salary conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 515. (a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing those duties, and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. The commission shall conduct a review of the duties that meet the test of the exemption. The commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to duties that meet the test of the exemption without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, 2000. (b) Except as otherwise provided in this section and in subdivision (g) of Section 511, nothing in this section requires the commission to alter an exemption from provisions regulating hours of work that was contained in a valid wage order in effect in 1997. Except as otherwise provided in this division, the commission may review, retain, or eliminate an exemption from provisions regulating hours of work that was contained in a valid wage order in effect in 1997. (c) For the purposes of subdivision (a), “full-time employment” means employment in which an employee is employed for 40 hours per week. (d) (1) For the purpose of computing the overtime rate of compensation required to be paid to a nonexempt full-time salaried employee, the employee’s regular hourly rate shall be1/40th of the employee’s weekly salary. (2) Payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee’s regular, nonovertime hours, notwithstanding any private agreement to the contrary. (e) For the purposes of this section, “primarily” means more than one-half of the employee’s worktime. (f) (1) In addition to the requirements of subdivision (a), a registered nurse employed to engage in the practice of nursing shall not be exempted from coverage under the orders of the Industrial Welfare Commission, unless he or she individually meets the criteria for exemptions established for executive or administrative employees. (2) This subdivision does not apply to any of the following: (A) A certified nurse midwife who is primarily engaged in performing duties for which certification is required pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (B) A certified nurse anesthetist who is primarily engaged in performing duties for which certification is required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. (C) A certified nurse practitioner who is primarily engaged in performing duties for which certification is required pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (D) Nothing in this paragraph shall exempt the occupations set forth in subparagraphs (A), (B), and (C) from meeting the requirements of subdivision (a). (Amended by Stats. 2012, Ch. 820, Sec. 2. (AB 2103) Effective January 1, 2013.)
  72. 515.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Computer software employees are exempt from overtime pay only if they meet the listed job, skill, and pay requirements, and several listed workers are excluded from the exemption.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 515.5. (a) Except as provided in subdivision (b), an employee in the computer software field shall be exempt from the requirement that an overtime rate of compensation be paid pursuant to Section 510 if all of the following apply: (1) The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment. (2) The employee is primarily engaged in duties that consist of one or more of the following: (A) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications. (B) The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications. (C) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems. (3) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, or software engineering. A job title shall not be determinative of the applicability of this exemption. (4) The employee’s hourly rate of pay is not less than thirty-six dollars ($36.00) or, if the employee is paid on a salaried basis, the employee earns an annual salary of not less than seventy-five thousand dollars ($75,000) for full-time employment, which is paid at least once a month and in a monthly amount of not less than six thousand two hundred fifty dollars ($6,250). The department shall adjust both the hourly pay rate and the salary level described in this paragraph on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. (b) The exemption provided in subdivision (a) does not apply to an employee if any of the following apply: (1) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. (2) The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision. (3) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment. (4) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not engaged in computer systems analysis, programming, or any other similarly skilled computer-related occupation. (5) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for onscreen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-ROMs. (6) The employee is engaged in any of the activities set forth in subdivision (a) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry. (Amended by Stats. 2012, Ch. 46, Sec. 89. (SB 1038) Effective June 27, 2012.)
  73. 515.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Some licensed physicians or surgeons are exempt from Section 510 if they meet the stated work and pay conditions; the department must update the pay threshold each year.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 515.6. (a) Section 510 shall not apply to any employee who is a licensed physician or surgeon, who is primarily engaged in duties that require licensure pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and whose hourly rate of pay is equal to or greater than fifty-five dollars ($55.00). The department shall adjust this threshold rate of pay each October 1, to be effective the following January 1, by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. (b) The exemption provided in subdivision (a) shall not apply to an employee employed in a medical internship or resident program or to a physician employee covered by a valid collective bargaining agreement pursuant to Section 514. (Amended by Stats. 2012, Ch. 46, Sec. 90. (SB 1038) Effective June 27, 2012.)
  74. 515.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section sets when an employee teaching a course or laboratory at an independent institution of higher education is treated as professionally employed and exempt from certain wage-and-hour provisions, and it sets minimum salary rules for those employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 515.7. (a) If an employee is employed to provide instruction for a course or laboratory at an independent institution of higher education, the employee shall be classified as employed in a professional capacity under Wage Order No. 4-2001 of the Industrial Welfare Commission, or under Wage Order No. 5-2001 of the Industrial Welfare Commission, and shall be exempt from paragraphs (2), (3), and (9) of subdivision (a) of Section 226, and Sections 510 and 512, when all of the following apply: (1) The employee is employed in a professional capacity. For the purpose of this section, an employee shall be considered to be employed in a professional capacity under Wage Order No. 4-2001 or Wage Order No. 5-2001, notwithstanding clauses (a) and (d) of subparagraph (3) of paragraph (A) of Section 1 of Wage Order 4 and clauses (a) and (d) of subparagraph (3) of paragraph (B) of Section 1 of Wage Order 5, if: (A) The employee is primarily engaged in an occupation commonly recognized as a learned or artistic profession; and (B) The employee customarily and regularly exercises discretion and independent judgment in the performance of duties set forth in subparagraph (A). (C) For the purposes of this paragraph, “learned or artistic profession” means an employee who is primarily engaged in the performance of: (i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily incident to any of the above work; or (ii) Work that is original and creative in character in a recognized field of artistic endeavor, as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training, and the result of which depends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the above work; and (iii) Whose work is predominantly intellectual and varied in character, as opposed to routine mental, manual, mechanical, or physical work, and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time. (2) The employee is paid on a salary basis, as defined by Section 541.602 of Title 29 of the Code of Federal Regulations, and receives one of the following minimum compensations: (A) A monthly salary equivalent to no less than two times the state minimum wage for employment in which the employee is employed for at least 40 hours per week. (B) When employed per course or laboratory, a salary for a course or laboratory that is calculated on the basis of classroom hours as set forth in subdivision (b). (C) When employed under a collective bargaining agreement, payment pursuant to that collective bargaining agreement, if the classification of employment in a professional capacity is expressly included in the collective bargaining agreement in clear and unambiguous terms. The requirements of Section 514 that mandate provisions of a collective bargaining agreement shall not apply. (b) The minimum salary required by subparagraph (B) of paragraph (2) of subdivision (a) shall be calculated using classroom hours as follows: (1) The minimum payment that is calculated using classroom hours shall encompass payment for all classroom or laboratory time, preparation, grading, office hours, and other course- or laboratory-related work for that course or laboratory and no separate payment shall be required. The following minimum rates shall be used in this calculation: (A) For each classroom hour in 2020: one hundred seventeen dollars ($117). (B) For each classroom hour in 2021: one hundred twenty-six dollars ($126). (C) For each classroom hour in 2022: one hundred thirty-five dollars ($135). (D) For each classroom hour in 2023 and each year thereafter: a percentage increase to the rate described in subparagraph (C) that is equal to the percentage increase to the state minimum wage calculated in accordance with subdivision (c) of Section 1182.12. (2) Notwithstanding paragraph (1), if a laboratory, art studio course, clinical course, or other nonlecture course has more classroom hours than a lecture-based course with the same number of units at the institution, the minimum salary required by subparagraph (B) of paragraph (2) of subdivision (a) for the laboratory, art studio course, clinical course, or other nonlecture course shall be that of the lecture-based course with the same number of units. (3) The minimum rate of pay for per course or laboratory compensation is for course-related work only. Employees shall be compensated separately for other non-course-related work on behalf of the employer, which shall not affect the employee’s classification as an exempt employee. (c) For purposes of this section, the following definitions apply: (1) “Classroom hour” means the time spent in the primary forum of the course or laboratory, regardless of whether the forum is inperson or virtual. (2) “Independent institution of higher education” means a nonpublic, higher education institution that grants undergraduate degrees, graduate degrees, or both, and that is formed as a nonprofit corporation before January 1, 2023, and is accredited by an agency recognized by the United States Department of Education. (Amended by Stats. 2024, Ch. 158, Sec. 1. (AB 3105) Effective January 1, 2025.)
  75. 515.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Section 510 does not apply to certain teachers at private elementary or secondary schools, if they meet specified teaching, judgment, salary, and education or credential requirements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 515.8. (a) Section 510 does not apply to an individual employed as a teacher at a private elementary or secondary academic institution in which pupils are enrolled in kindergarten or any of grades 1 to 12, inclusive. (b) For purposes of this section, “employed as a teacher” means that the employee meets all of the following requirements: (1) The employee is primarily engaged in the duty of imparting knowledge to pupils by teaching, instructing, or lecturing. (2) The employee customarily and regularly exercises discretion and independent judgment in performing the duties of a teacher. (3) On and after July 1, 2017, the employee earns the following amount: (A) For a full-time employee, the greater of the following: (i) No less than 100 percent of the lowest salary offered by any school district to a person who is in a position that requires the person to have a valid California teaching credential and is not employed in that position pursuant to an emergency permit, intern permit, or waiver. (ii) The equivalent of no less than 70 percent of the lowest schedule salary offered by the school district or the county office of education in which the private elementary or secondary academic institution is located to a person who is in a position that requires the person to have a valid California teaching credential and is not employed in that position pursuant to an emergency permit, intern permit, or waiver. (B) For a part-time employee, the proportional amount of the salary identified in subparagraph (A) that is equal to the proportion of the full-time instructional schedule for which the part-time employee is employed. (4) The employee has attained at least one of the following levels of professional advancement: (A) A baccalaureate or higher degree from an accredited institution of higher education. (B) Current compliance with the requirements established by the California Commission on Teacher Credentialing, or the equivalent certification authority in another state, for obtaining a preliminary or alternative teaching credential. (c) When budgeting for a future school year, a private elementary or secondary academic institution may determine the salary requirements in paragraph (3) of subdivision (b) by referring to school salary schedules in effect for up to 12 months prior to the start of the school year. (d) This section does not apply to any tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee. (e) The exemption established in subdivision (a) is in addition to, and does not limit or supersede, any exemption from overtime established by a Wage Order of the Industrial Welfare Commission for persons employed in a professional capacity, and does not affect any exemption from overtime established by that commission pursuant to subdivision (a) of Section 515 for persons employed in an executive or administrative capacity. (Amended by Stats. 2017, Ch. 99, Sec. 1. (SB 621) Effective January 1, 2018.)
  76. 516.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The Industrial Welfare Commission may adopt or change rules on break periods, meal periods, and days of rest for workers in California, except as provided in Section 512.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 516. (a) Except as provided in Section 512, the Industrial Welfare Commission may adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in California consistent with the health and welfare of those workers. (b) Notwithstanding subdivision (a), or any other law, including Section 512, the health care employee meal period waiver provisions in Section 11(D) of Industrial Welfare Commission Wage Orders 4 and 5 were valid and enforceable on and after October 1, 2000, and continue to be valid and enforceable. This subdivision is declarative of, and clarifies, existing law. (Amended by Stats. 2015, Ch. 506, Sec. 2. (SB 327) Effective October 5, 2015.)
  77. 517.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The Industrial Welfare Commission must adopt and publish certain wage and working-condition orders, and it may review and change regulations for specified industries and workers without convening wage boards.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 517. (a) The Industrial Welfare Commission shall, at a public hearing to be concluded by July 1, 2000, adopt wage, hours, and working conditions orders consistent with this chapter without convening wage boards, which orders shall be final and conclusive for all purposes. These orders shall include regulations necessary to provide assurances of fairness regarding the conduct of employee workweek elections, procedures for employees to petition for and obtain elections to repeal alternative workweek schedules, procedures for implementation of those schedules, conditions under which an adopted alternative workweek schedule can be repealed by the employer, employee disclosures, designations of work, and processing of workweek election petitions pursuant to Parts 2 and 4 of this division and in any wage order of the commission and such other regulations as may be needed to fulfill the duties of the commission pursuant to this part. (b) Prior to July 1, 2000, the Industrial Welfare Commission shall conduct a review of wages, hours, and working conditions in the ski industry, commercial fishing industry, and health care industry, and for stable employees in the horseracing industry. Notwithstanding subdivision (a) and Sections 510 and 511, and consistent with its duty to protect the health, safety, and welfare of workers pursuant to Section 1173, the commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to the industries herein, without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, 2000. (c) Notwithstanding subdivision (a) of Section 515, prior to July 1, 2000, the commission shall conduct a review of wages, hours, and working conditions of licensed pharmacists. The commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to licensed pharmacists without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, 2000. (d) Notwithstanding sections 1171 and subdivision (a) of Section 515, the Industrial Welfare Commission shall conduct a review of wages, hours, and working conditions of outside salespersons. The commission may, based upon this review, convene a public hearing to adopt or modify regulations at that hearing pertaining to outside salespersons without convening wage boards. Any hearing conducted pursuant to this subdivision shall be concluded not later than July 1, 2000. (e) Nothing in this section is intended to restrict the Industrial Welfare Commission in its continuing duties pursuant to Section 1173. (f) No action taken by the Industrial Welfare Commission pursuant to this section is subject to the requirements of Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (g) All wage orders and other regulations issued or adopted pursuant to this section shall be published in accordance with Section 1182.1. (Added by Stats. 1999, Ch. 134, Sec. 11. Effective January 1, 2000.)
  78. 52.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The department must follow the Government Code provisions that apply to state departments, unless this code says otherwise.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 52. Except as otherwise prescribed in this code, the provisions of the Government Code relating to departments of the State shall govern and apply to the conduct of the department. (Amended by Stats. 1949, Ch. 211.)
  79. 5270.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    This part does not apply when an injured employee or dependent is involved, unless the employee or dependent is represented by an attorney.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5270. This part shall not apply in cases where an injured employee or dependent is involved unless the employee or dependent is represented by an attorney. (Amended by Stats. 1990, Ch. 1550, Sec. 49.)
  80. 5270.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    A presiding workers’ compensation judge must prepare a list of eligible arbitrators, and attorneys may be eligible only if they meet the stated membership and qualification conditions. Attorneys may not be placed on an arbitrator panel if they were involved in the same case as judge, counsel, or their firm’s counsel.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5270.5. (a) The presiding workers’ compensation judge at each district office shall prepare a list of all eligible attorneys who apply to be placed on the list of eligible arbitrators. Attorneys are eligible to become arbitrators if they are active members of the California State Bar Association and are one of the following: (1) A certified specialist in workers’ compensation, or eligible to become certified. (2) A retired workers’ compensation judge. (3) A retired appeals board member. (4) An attorney who has been certified to serve as a judge pro tempore. (b) No attorney shall be included in a panel of arbitrators, if he or she has served as a judge in any proceeding involving the same case, or has represented, or whose firm has represented, any party in the same case. (Added by Stats. 1989, Ch. 892, Sec. 44.)
  81. 5271.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    This section lets the parties choose an arbitrator by agreement, or have the presiding workers’ compensation judge assign one or a panel if they cannot agree.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5271. (a) The parties to a dispute submitted for arbitration may select any eligible attorney from the list prepared by the presiding workers’ compensation judge to serve as arbitrator. However, when the disputed issue involves insurance coverage, the parties may select any attorney as arbitrator upon agreement of the parties. (b) If the parties cannot select an arbitrator by agreement, either party may request the presiding workers’ compensation judge to assign a panel of five arbitrators selected at random from the list of eligible attorneys. No more than three arbitrators on a five-member panel may be defense attorneys, no more than three may be applicant’s attorneys, and no more than two may be retired workers’ compensation judges or appeals board commissioners. (c) For each party in excess of one party in the capacity of employer and one party in the capacity of injured employee or lien claimant, the presiding judge shall randomly select two additional arbitrators to add to the panel. For each additional party in the capacity of employer, the presiding judge shall assign a retired workers’ compensation judge or retired appeals board commissioner and an applicant’s attorney. For each additional party in the capacity of injured employee or lien claimant, the presiding judge shall assign a retired workers’ compensation judge or retired appeals board commissioner and a defense attorney. For each additional other party, the presiding judge shall assign two arbitrators to the panel, in order of rotation from case to case, as follows: a retired workers’ compensation judge or retired appeals board commissioner, an applicant’s attorney, a defense attorney. (d) A party may petition the presiding workers’ compensation judge to remove a member from the panel pursuant to Section 170.1 of the Code of Civil Procedure. The presiding workers’ compensation judge shall assign another eligible attorney to replace any member removed under this subdivision. (e) Each party or lien claimant shall strike two members from the panel, and the remaining attorney shall serve as arbitrator. (Amended by Stats. 1990, Ch. 1550, Sec. 50.)
  82. 5272.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    Arbitrators have the same statutory and regulatory duties as a workers’ compensation judge, but they cannot order an injured worker to see a qualified medical evaluator or exercise contempt power.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5272. Arbitrators shall have all of the statutory and regulatory duties and responsibilities of a workers’ compensation judge, as set forth in Chapter 1 (commencing with Section 5300) of Part 4, except for the following: (a) Arbitrators shall have no power to order the injured worker to be examined by a qualified medical evaluator pursuant to Sections 5701 and 5703.5. (b) Arbitrators shall not have power of contempt. (Amended by Stats. 1990, Ch. 1550, Sec. 51.)
  83. 5273.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    This section says who must pay arbitration costs in different dispute types and gives the appeals board and district office presiding judge authority over cost-and-fee disputes.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5273. (a) In disputes between an employee and an employer, the employer shall pay all costs related to the arbitration proceeding, including use of facilities, hearing reporter per diems and transcript costs. (b) In all other disputes, the costs of the arbitration proceedings, including the arbitrator’s compensation, shall be paid as follows: (1) By the parties equally in any dispute between an employer and an insurer, or an employer and a lien claimant. (2) By the parties equally in proceedings subject to Section 5500.5. (3) By the dependents in accordance with their proportionate share of death benefits, where there is no dispute as to the injury causing death. (c) Disputes regarding the costs or fees for arbitration shall be within the exclusive jurisdiction of the appeals board, and shall be determined initially by the presiding judge of the district office. (Amended by Stats. 1990, Ch. 1550, Sec. 52.)
  84. 5275.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    Some disputes must be sent to arbitration, and the parties may also agree to arbitrate other issues arising under Division 1 or Division 4.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5275. (a) Disputes involving the following issues shall be submitted for arbitration: (1) Insurance coverage. (2) Right of contribution in accordance with Section 5500.5. (b) By agreement of the parties, any issue arising under Division 1 (commencing with Section 50) or Division 4 (commencing with Section 3200) may be submitted for arbitration, regardless of the date of injury. (Amended by Stats. 2002, Ch. 6, Sec. 70.5. Effective January 1, 2003.)
  85. 5276.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    In arbitration, the arbitrator sets the start date, time, and place if the parties cannot agree, and each party must provide its evidence to the arbitrator and the opposing party 10 days before the hearing.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5276. (a) Arbitration proceedings may commence at any place and time agreed upon by all parties. (b) If the parties cannot agree on a time or place to commence arbitration proceedings, the arbitrator shall order the date, time and place for commencement of the proceeding. Unless all parties agree otherwise, arbitration proceedings shall commence not less than 30 days nor more than 60 days from the date an arbitrator is selected. (c) Ten days before the arbitration, each party shall submit to the arbitrator and serve on the opposing party reports, records and other documentary evidence on which that party intends to rely. If a party intends to rely upon excerpts of records or depositions, only copies of the excerpts shall be submitted to the arbitrator. (Added by Stats. 1989, Ch. 892, Sec. 44.)
  86. 5277.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    Arbitrators must serve their findings and award within 30 days, comply with Section 5313, and file the award with the appeals board office.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5277. (a) The arbitrator’s findings and award shall be served on all parties within 30 days of submission of the case for decision. (b) The arbitrator’s award shall comply with Section 5313 and shall be filed with the appeals board office pursuant to venue rules published by the appeals board. (c) The findings of fact, award, order, or decision of the arbitrator shall have the same force and effect as an award, order, or decision of a workers’ compensation judge. (d) Use of an arbitrator for any part of a proceeding or any issue shall not bind the parties to the use of the same arbitrator for any subsequent issues or proceedings. (e) Unless all parties agree to a longer period of time, the failure of the arbitrator to submit the decision within 30 days shall result in forfeiture of the arbitrator’s fee and shall vacate the submission order and all stipulations. (f) The presiding workers’ compensation judge may submit supplemental proceedings to arbitration pursuant to this part. (Amended by Stats. 2006, Ch. 538, Sec. 490. Effective January 1, 2007.)
  87. 5278.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. )

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    Parties may not disclose settlement offers to the arbitrator before the award is filed.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 3.5. ARBITRATION [5270 - 5278] ( Part 3.5 added by Stats. 1989, Ch. 892, Sec. 44. ) ## 5278. (a) No disclosure of any offers of settlement made by any party shall be made to the arbitrator prior to the filing of the award. (b) Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code applies to a communication to the arbitrator or a potential arbitrator. (Amended by Stats. 1995, Ch. 938, Sec. 75. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  88. 53.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section says that, for this code, “head of the department” usually means the director, with specific exceptions for listed agencies and boards.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code “head of the department” or similar designation occurs, the same shall, for the purposes of this code, mean the director, except that in respect to matters which by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers’ Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission the designation shall mean the Division of Workers’ Compensation, the Administrative Director of the Division of Workers’ Compensation, the Workers’ Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. (Amended by Stats. 1994, Ch. 1097, Sec. 2. Effective January 1, 1995.)
  89. 5300.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Most compensation-related proceedings covered here must be brought before the appeals board, unless Division 4 says otherwise.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5300. All the following proceedings shall be instituted before the appeals board and not elsewhere, except as otherwise provided in Division 4: (a) For the recovery of compensation, or concerning any right or liability arising out of or incidental thereto. (b) For the enforcement against the employer or an insurer of any liability for compensation imposed upon the employer by this division in favor of the injured employee, his or her dependents, or any third person. (c) For the determination of any question as to the distribution of compensation among dependents or other persons. (d) For the determination of any question as to who are dependents of any deceased employee, or what persons are entitled to any benefit under the compensation provisions of this division. (e) For obtaining any order which by Division 4 the appeals board is authorized to make. (f) For the determination of any other matter, jurisdiction over which is vested by Division 4 in the Division of Workers’ Compensation, including the administrative director and the appeals board. (Amended by Stats. 1994, Ch. 146, Sec. 152. Effective January 1, 1995.)
  90. 5301.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board has full power and jurisdiction to finally decide the matters listed in Section 5300, subject to court review.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5301. The appeals board is vested with full power, authority and jurisdiction to try and determine finally all the matters specified in Section 5300 subject only to the review by the courts as specified in this division. (Amended by Stats. 1965, Ch. 1513.)
  91. 5302.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Appeals board orders, rules, findings, decisions, and awards are presumed lawful and reasonable until changed or set aside.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5302. All orders, rules, findings, decisions, and awards of the appeals board shall be prima facie lawful and conclusively presumed to be reasonable and lawful, until and unless they are modified or set aside by the appeals board or upon a review by the courts within the time and in the manner specified in this division. (Amended by Stats. 1965, Ch. 1513.)
  92. 5303.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may, in its discretion, join related claims in one proceeding, and injuries must not merge into each other.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5303. There is but one cause of action for each injury coming within the provisions of this division. All claims brought for medical expense, disability payments, death benefits, burial expense, liens, or any other matter arising out of such injury may, in the discretion of the appeals board, be joined in the same proceeding at any time; provided, however, that no injury, whether specific or cumulative, shall, for any purpose whatsoever, merge into or form a part of another injury; nor shall any award based on a cumulative injury include disability caused by any specific injury or by any other cumulative injury causing or contributing to the existing disability, need for medical treatment or death. (Amended by Stats. 1968, 1st Ex. Sess., Ch. 4.)
  93. 5304.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board has jurisdiction over controversies arising out of Sections 4600 to 4605, unless there is an express agreement on payment amounts for medical, surgical, or hospital treatment between the treatment provider and the employer or insurer.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5304. The appeals board has jurisdiction over any controversy relating to or arising out of Sections 4600 to 4605 inclusive, unless an express agreement fixing the amounts to be paid for medical, surgical or hospital treatment as such treatment is described in those sections has been made between the persons or institutions rendering such treatment and the employer or insurer. (Amended by Stats. 1965, Ch. 1513.)
  94. 5305.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section gives California workers’ compensation jurisdiction over certain injury disputes arising outside the state, and gives covered employees or their dependents the right to compensation or death benefits.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5305. The Division of Workers’ Compensation, including the administrative director, and the appeals board have jurisdiction over all controversies arising out of injuries suffered outside the territorial limits of this state in those cases where the injured employee is a resident of this state at the time of the injury and the contract of hire was made in this state. Any employee described by this section, or his or her dependents, shall be entitled to the compensation or death benefits provided by this division. (Amended by Stats. 2002, Ch. 6, Sec. 71. Effective January 1, 2003.)
  95. 5306.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    If an employer dies after an employee is injured, the employee may still proceed before the appeals board against the employer’s estate.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5306. The death of an employer subsequent to the sustaining of an injury by an employee shall not impair the right of the employee to proceed before the appeals board against the estate of the employer, and the failure of the employee or his dependents to cause the claim to be presented to the executor or administrator of the estate shall not in any way bar or suspend such right. (Amended by Stats. 1965, Ch. 1513.)
  96. 5307.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may make certain procedural rules and related regulations by a four-member signed order, but it must hold public hearings before adopting, amending, or rescinding any rule or regulation under this section.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307. (a) The appeals board may, by an order signed by four members, do all of the following: (1) Adopt reasonable and proper rules of practice and procedure. (2) Regulate and provide the manner in which, and by whom, minors and incompetent persons are to appear and be represented before it. (3) Regulate and prescribe the kind and character of notices, where not specifically prescribed by this division, and the service thereof. (4) Regulate and prescribe the nature and extent of the proofs and evidence. (b) No rule or regulation of the appeals board pursuant to this section shall be adopted, amended, or rescinded without public hearings. Any written request filed with the appeals board seeking a change in its rules or regulations shall be deemed to be denied if not set by the appeals board for public hearing to be held within six months of the date on which the request is received by the appeals board. (Amended by Stats. 2011, Ch. 559, Sec. 11. (AB 1426) Effective October 7, 2011.)
  97. 5307.1.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must set and update an official medical fee schedule, and reimbursement is capped at specified percentages of Medicare or Medi-Cal amounts.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.1. (a) (1) The administrative director, after public hearings, shall adopt and revise periodically an official medical fee schedule that shall establish reasonable maximum fees paid for medical services other than physician services, drugs and pharmacy services, health care facility fees, home health care, and all other treatment, care, services, and goods described in Section 4600 and provided pursuant to this section. Except for physician services, all fees shall be in accordance with the fee-related structure and rules of the relevant Medicare and Medi-Cal payment systems, provided that employer liability for medical treatment, including issues of reasonableness, necessity, frequency, and duration, shall be determined in accordance with Section 4600. Commencing January 1, 2004, and continuing until the time the administrative director has adopted an official medical fee schedule in accordance with the fee-related structure and rules of the relevant Medicare payment systems, except for the components listed in subdivision (j), maximum reasonable fees shall be 120 percent of the estimated aggregate fees prescribed in the relevant Medicare payment system for the same class of services before application of the inflation factors provided in subdivision (g), except that for pharmacy services and drugs that are not otherwise covered by a Medicare fee schedule payment for facility services, the maximum reasonable fees shall be 100 percent of fees prescribed in the relevant Medi-Cal payment system. Upon adoption by the administrative director of an official medical fee schedule pursuant to this section, the maximum reasonable fees paid shall not exceed 120 percent of estimated aggregate fees prescribed in the Medicare payment system for the same class of services before application of the inflation factors provided in subdivision (g). Pharmacy services and drugs shall be subject to the requirements of this section, whether furnished through a pharmacy or dispensed directly by the practitioner pursuant to subdivision (b) of Section 4024 of the Business and Professions Code. (2) (A) The administrative director, after public hearings, shall adopt and review periodically an official medical fee schedule based on the resource-based relative value scale for physician services and nonphysician practitioner services, as defined by the administrative director, provided that all of the following apply: (i) Employer liability for medical treatment, including issues of reasonableness, necessity, frequency, and duration, shall be determined in accordance with Section 4600. (ii) The fee schedule is updated annually to reflect changes in procedure codes, relative weights, and the adjustment factor provided in subdivision (g). (iii) The maximum reasonable fees paid shall not exceed 120 percent of estimated annualized aggregate fees prescribed in the Medicare payment system for physician services as it appeared on July 1, 2012, before application of the adjustment factor provided in subdivision (g). For purposes of calculating maximum reasonable fees, any service provided to injured workers that is not covered under the federal Medicare program shall be included at its rate of payment established by the administrative director pursuant to subdivision (d). (iv) There shall be a four-year transition between the estimated aggregate maximum allowable amount under the official medical fee schedule for physician services prior to January 1, 2014, and the maximum allowable amount based on the resource-based relative value scale at 120 percent of the Medicare conversion factors as adjusted pursuant to this section. (B) The official medical fee schedule shall include payment ground rules that differ from Medicare payment ground rules, including, as appropriate, payment of consultation codes and payment evaluation and management services provided during a global period of surgery. (C) Commencing January 1, 2014, and continuing until the time the administrative director has adopted an official medical fee schedule in accordance with the resource-based relative value scale, the maximum reasonable fees for physician services and nonphysician practitioner services, including, but not limited to, physician assistant, nurse practitioner, and physical therapist services, shall be in accordance with the fee-related structure and rules of the Medicare payment system for physician services and nonphysician practitioner services, except that an average statewide geographic adjustment factor of 1.078 shall apply in lieu of Medicare’s locality-specific geographic adjustment factors, and shall incorporate the following conversion factors: (i) For dates of service in 2014, forty-nine dollars and five thousand three hundred thirteen ten thousandths cents ($49.5313) for surgery, fifty-six dollars and two thousand three hundred twenty-nine ten thousandths cents ($56.2329) for radiology, thirty dollars and six hundred forty-seven ten thousandths cents ($30.0647) for anesthesia, and thirty-seven dollars and one thousand seven hundred twelve ten thousandths cents ($37.1712) for all other before application of the adjustment factor provided in subdivision (g). (ii) For dates of service in 2015, forty-six dollars and six thousand three hundred fifty-nine ten thousandths cents ($46.6359) for surgery, fifty-one dollars and one thousand thirty-six ten thousandths cents ($51.1036) for radiology, twenty-eight dollars and six thousand sixty-seven ten thousandths cents ($28.6067) for anesthesia, and thirty-eight dollars and three thousand nine hundred fifty-eight ten thousandths cents ($38.3958) for all other before application of the adjustment factor provided in subdivision (g). (iii) For dates of service in 2016, forty-three dollars and seven thousand four hundred five ten thousandths cents ($43.7405) for surgery, forty-five dollars and nine thousand seven hundred forty-four ten thousandths cents ($45.9744) for radiology, twenty-seven dollars and one thousand four hundred eighty-seven thousandths cents ($27.1487) for anesthesia, and thirty-nine dollars and six thousand two hundred five ten thousandths cents ($39.6205) for all other before application of the adjustment factor provided in subdivision (g). (iv) For dates of service on or after January 1, 2017, 120 percent of the 2012 Medicare conversion factor as updated pursuant to subdivision (g). (b) In order to comply with the standards specified in subdivision (f), the administrative director may adopt different conversion factors, diagnostic-related group weights, and other factors affecting payment amounts from those used in the Medicare payment system, provided estimated aggregate fees do not exceed 120 percent of the estimated aggregate fees paid for the same class of services in the relevant Medicare payment system. (c) (1) Notwithstanding subdivisions (a) and (d), the maximum facility fee for services performed in a hospital outpatient department, shall not exceed 120 percent of the fee paid by Medicare for the same services performed in a hospital outpatient department, and the maximum facility fee for services performed in an ambulatory surgical center shall not exceed 80 percent of the fee paid by Medicare for the same services performed in a hospital outpatient department. (2) The department shall study the feasibility of establishing a facility fee for services that are performed in an ambulatory surgical center and are not subject to a fee paid by Medicare for services performed in an outpatient department, set at 85 percent of the diagnostic-related group (DRG) fee paid by Medicare for the same services performed in a hospital inpatient department. The department shall report the finding to the Senate Labor Committee and Assembly Insurance Committee no later than July 1, 2013. (d) If the administrative director determines that a medical treatment, facility use, product, or service is not covered by a Medicare payment system, the administrative director shall establish maximum fees for that item, provided that the maximum fee paid shall not exceed 120 percent of the fees paid by Medicare for services that require comparable resources. If the administrative director determines that a pharmacy service or drug is not covered by a Medi-Cal payment system, the administrative director shall establish maximum fees for that item. However, the maximum fee paid shall not exceed 100 percent of the fees paid by Medi-Cal for pharmacy services or drugs that require comparable resources. (e) (1) Prior to the adoption by the administrative director of a medical fee schedule pursuant to this section, for any treatment, facility use, product, or service not covered by a Medicare payment system, including acupuncture services, the maximum reasonable fee paid shall not exceed the fee specified in the official medical fee schedule in effect on December 31, 2003, except as otherwise provided in this subdivision. (2) Any compounded drug product shall be billed by the compounding pharmacy or dispensing physician at the ingredient level, with each ingredient identified using the applicable National Drug Code (NDC) of the ingredient and the corresponding quantity, and in accordance with regulations adopted by the California State Board of Pharmacy. Ingredients with no NDC shall not be separately reimbursable. The ingredient-level reimbursement shall be equal to 100 percent of the reimbursement allowed by the Medi-Cal payment system and payment shall be based on the sum of the allowable fee for each ingredient plus a dispensing fee equal to the dispensing fee allowed by the Medi-Cal payment systems. If the compounded drug product is dispensed by a physician, the maximum reimbursement shall not exceed 300 percent of documented paid costs, but in no case more than twenty dollars ($20) above documented paid costs. (3) For a dangerous drug dispensed by a physician that is a finished drug product approved by the federal Food and Drug Administration, the maximum reimbursement shall be according to the official medical fee schedule adopted by the administrative director. (4) For a dangerous device dispensed by a physician, the reimbursement to the physician shall not exceed either of the following: (A) The amount allowed for the device pursuant to the official medical fee schedule adopted by the administrative director. (B) One hundred twenty percent of the documented paid cost, but not less than 100 percent of the documented paid cost plus the minimum dispensing fee allowed for dispensing prescription drugs pursuant to the official medical fee schedule adopted by the administrative director, and not more than 100 percent of the documented paid cost plus two hundred fifty dollars ($250). (5) For any pharmacy goods dispensed by a physician not subject to paragraph (2), (3), or (4), the maximum reimbursement to a physician for pharmacy goods dispensed by the physician shall not exceed any of the following: (A) The amount allowed for the pharmacy goods pursuant to the official medical fee schedule adopted by the administrative director or pursuant to paragraph (2), as applicable. (B) One hundred twenty percent of the documented paid cost to the physician. (C) One hundred percent of the documented paid cost to the physician plus two hundred fifty dollars ($250). (6) For the purposes of this subdivision, the following definitions apply: (A) “Administer” or “administered” has the meaning defined by Section 4016 of the Business and Professions Code. (B) “Compounded drug product” means any drug product subject to Article 4.5 (commencing with Section 1735) of Division 17 of Title 16 of the California Code of Regulations or other regulation adopted by the State Board of Pharmacy to govern the practice of compounding. (C) “Dispensed” means furnished to or for a patient as contemplated by Section 4024 of the Business and Professions Code and does not include “administered.” (D) “Dangerous drug” and “dangerous device” have the meanings defined by Section 4022 of the Business and Professions Code. (E) “Documented paid cost” means the unit price paid for the specific product or for each component used in the product as documented by invoices, proof of payment, and inventory records as applicable, or as documented in accordance with regulations that may be adopted by the administrative director, net of rebates, discounts, and any other immediate or anticipated cost adjustments. (F) “Pharmacy goods” has the same meaning as set forth in Section 139.3. (7) To the extent that any provision of paragraphs (2) to (6), inclusive, is inconsistent with any provision of the official medical fee schedule adopted by the administrative director on or after January 1, 2012, the provision adopted by the administrative director shall govern. (8) Notwithstanding paragraph (7), the provisions of this subdivision concerning physician-dispensed pharmacy goods shall not be superseded by any provision of the official medical fee schedule adopted by the administrative director unless the relevant official medical fee schedule provision is expressly applicable to physician-dispensed pharmacy goods. (f) Within the limits provided by this section, the rates or fees established shall be adequate to ensure a reasonable standard of services and care for injured employees. (g) (1) (A) Notwithstanding any other law, the official medical fee schedule shall be adjusted to conform to any relevant changes in the Medicare and Medi-Cal payment systems no later than 60 days after the effective date of those changes, subject to the following provisions: (i) The annual inflation adjustment for facility fees for inpatient hospital services provided by acute care hospitals and for hospital outpatient services shall be determined solely by the estimated increase in the hospital market basket for the 12 months beginning October 1 of the preceding calendar year. (ii) The annual update in the operating standardized amount and capital standard rate for inpatient hospital services provided by hospitals excluded from the Medicare prospective payment system for acute care hospitals and the conversion factor for hospital outpatient services shall be determined solely by the estimated increase in the hospital market basket for excluded hospitals for the 12 months beginning October 1 of the preceding calendar year. (iii) The annual adjustment factor for physician services shall be based on the product of one plus the percentage change in the Medicare Economic Index and any relative value scale adjustment factor. (B) The update factors contained in clauses (i) and (ii) of subparagraph (A) shall be applied beginning with the first update in the Medicare fee schedule payment amounts after December 31, 2003, and the adjustment factor in clause (iii) of subparagraph (A) shall be applied beginning with the first update in the Medicare fee schedule payment amounts after December 31, 2012. (C) The maximum reasonable fees paid for pharmacy services and drugs shall not include any reductions in the relevant Medi-Cal payment system implemented pursuant to Section 14105.192 of the Welfare and Institutions Code. (2) The administrative director shall determine the effective date of the changes, and shall issue an order, exempt from Sections 5307.3 and 5307.4 and the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), informing the public of the changes and their effective date. All orders issued pursuant to this paragraph shall be published on the Internet Web site of the Division of Workers’ Compensation. (3) For the purposes of this subdivision, the following definitions apply: (A) “Medicare Economic Index” means the input price index used by the federal Centers for Medicare and Medicaid Services to measure changes in the costs of a providing physician and other services paid under the resource-based relative value scale. (B) “Hospital market basket” means the input price index used by the federal Centers for Medicare and Medicaid Services to measure changes in the costs of providing inpatient hospital services provided by acute care hospitals that are included in the Medicare prospective payment system. (C) “Hospital market basket for excluded hospitals” means the input price index used by the federal Centers for Medicare and Medicaid Services to measure changes in the costs of providing inpatient services by hospitals that are excluded from the Medicare prospective payment system. (D) “Relative value scale adjustment factor” means the annual factor applied by the federal Centers for Medicare and Medicaid Services to the Medicare conversion factor to make changes in relative value units for the physician fee schedule budget neutral. (h) This section does not prohibit an employer or insurer from contracting with a medical provider for reimbursement rates different from those prescribed in the official medical fee schedule. (i) Except as provided in Section 4626, the official medical fee schedule shall not apply to medical-legal expenses, as that term is defined by Section 4620. (j) The following Medicare payment system components shall not become part of the official medical fee schedule until January 1, 2005: (1) Inpatient skilled nursing facility care. (2) Home health agency services. (3) Inpatient services furnished by hospitals that are exempt from the prospective payment system for general acute care hospitals. (4) Outpatient renal dialysis services. (k) Except as revised by the administrative director, the official medical fee schedule rates for physician services in effect on December 31, 2012, shall remain in effect until January 1, 2014. (l) Notwithstanding subdivision (a), any explicit reductions in the Medi-Cal fee schedule for pharmacy services and drugs to meet the budgetary targets provided in Section 14105.192 of the Welfare and Institutions Code shall not be reflected in the official medical fee schedule. (m) On or before July 1, 2013, the administrative director shall adopt a regulation specifying an additional reimbursement for MS-DRGs Medicare Severity Diagnostic Related Groups (MS-DRGs) 028, 029, 030, 453, 454, 455, and 456 to ensure that the aggregate reimbursement is sufficient to cover costs, including the implantable medical device, hardware, and instrumentation. This regulation shall be repealed as of January 1, 2014, unless extended by the administrative director. (Amended by Stats. 2012, Ch. 363, Sec. 74. (SB 863) Effective January 1, 2013.)
  98. 5307.11.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain health care providers, facilities, contracting agents, employers, and carriers may agree to reimbursement rates different from the fee schedule.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.11. A health care provider or health facility licensed pursuant to Section 1250 of the Health and Safety Code, and a contracting agent, employer, or carrier may contract for reimbursement rates different from those in the fee schedule adopted and revised pursuant to Section 5307.1. When a health care provider or health facility licensed pursuant to Section 1250 of the Health and Safety Code, and a contracting agent, employer, or carrier contract for reimbursement rates different from those in the fee schedule, the medical fee schedule for that health care provider or health facility licensed pursuant to Section 1250 of the Health and Safety Code shall not apply to the contracted reimbursement rates. Except as provided in subdivision (b) of Section 5307.1, the official medical fee schedule shall establish maximum reimbursement rates for all medical services for injuries subject to this division provided by a health care provider or health care facility licensed pursuant to Section 1250 of the Health and Safety Code other than those specified in contracts subject to this section. (Added by Stats. 2001, Ch. 252, Sec. 1. Effective January 1, 2002.)
  99. 5307.12.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain physician or ancillary network service entities must give the payor a written disclosure of the reimbursement amount paid to the provider when the contracted reimbursement rate is more than 20% below the official medical fee schedule, excluding goods and pharmaceuticals.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.12. (a) If a health care provider or health facility, licensed pursuant to Section 1250 of the Health and Safety Code, and an entity that provides physician network services, as defined in subdivision (b) of Section 4616.5, or an entity that provides ancillary network services, as defined in subdivision (c) of Section 4616.5, contract for a reimbursement rate that is more than 20 percent below the official medical fee schedule, excluding goods and pharmaceuticals, the entity that provides physician or ancillary network services shall provide the payor with a written disclosure, on a form promulgated by the administrative director, of the reimbursement amount paid to the provider. (b) Before providing the disclosure required pursuant to subdivision (a), the entity that provides physician or ancillary network services may require the payor to sign a nondisclosure agreement with the entity that provides physician or ancillary network services agreeing to maintain the confidentiality of the disclosed information. (c) A nondisclosure agreement signed pursuant to subdivision (b) shall not prohibit the division from obtaining the information disclosed pursuant to subdivision (a). This subdivision is declaratory of existing law. (d) This section does not apply to an entity that provides physician or ancillary network services that discloses, or arranges for the disclosure of, the same pricing and payment information to both the health care provider or health facility and the person or entity paying for the services. (e) This section shall become operative on July 1, 2021. (Added by Stats. 2019, Ch. 647, Sec. 9. (SB 537) Effective January 1, 2020. Operative July 1, 2021, by its own provisions.)
  100. 5307.2.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must hire an independent consulting firm to conduct an annual study on injured workers’ access to medical treatment.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.2. The administrative director shall contract with an independent consulting firm, to the extent permitted by state law, to perform an annual study of access to medical treatment for injured workers. The study shall analyze whether there is adequate access to quality health care and products, including prescription drugs and pharmacy services, for injured workers and make recommendations to ensure continued access. If the administrative director determines, based on this study, that there is insufficient access to quality health care or products for injured workers, including access to prescription drugs and pharmacy services, the administrative director may make appropriate adjustments to medical, prescription drugs and pharmacy services, and facilities’ fees. When there has been a determination that substantial access problems exist, the administrative director may, in accordance with the notification and hearing requirements of Section 5307.1, adopt fees in excess of 120 percent of the applicable Medicare payment system fee, or in excess of 100 percent of the fees prescribed in the relevant Medi-Cal payment system, for the applicable services or products. (Amended by Stats. 2008, Ch. 193, Sec. 1. Effective January 1, 2009.)
  101. 5307.27.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must adopt a medical treatment utilization schedule, include a drug formulary by July 1, 2017, allow public comment and a hearing for updates, and respond to comments before updates take effect.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.27. (a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a medical treatment utilization schedule, that shall incorporate the evidence-based, peer-reviewed, nationally recognized standards of care recommended by the commission pursuant to Section 77.5, and that shall address, at a minimum, the frequency, duration, intensity, and appropriateness of all treatment procedures and modalities commonly performed in workers’ compensation cases. Evidence-based updates to the utilization schedule shall be made through an order exempt from Sections 5307.3 and 5307.4, and the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), but the administrative director shall allow at least a 30-day period for public comment and a public hearing. The administrative director shall provide responses to submitted comments prior to the effective date of the updates. All orders issued pursuant to this subdivision shall be published on the Internet Web site of the Division of Workers’ Compensation. (b) On or before July 1, 2017, the medical treatment utilization schedule adopted by the administrative director shall include a drug formulary using evidence-based medicine. Nothing in this section shall prohibit the authorization of medications that are not in the formulary when the variance is demonstrated, consistent with subdivision (a) of Section 4604.5. (c) The drug formulary shall include a phased implementation for workers injured prior to July 1, 2017, in order to ensure injured workers safely transition to medications pursuant to the formulary. (d) This section shall apply to all prescribers and dispensers of medications serving injured workers under the workers’ compensation system. (Amended by Stats. 2016, Ch. 868, Sec. 10. (SB 1160) Effective January 1, 2017.)
  102. 5307.28.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must consult stakeholders about establishing a drug formulary and publish at least two interim status reports online during the stated period.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.28. (a) Prior to the adoption of a drug formulary as required by Section 5307.27, the administrative director shall meet and consult regarding the establishment of a formulary with stakeholders, including, but not limited to, employers, insurers, private sector employee representatives, public sector employee representatives, treating physicians actively practicing medicine, pharmacists, pharmacy benefit managers, attorneys who represent applicants, and injured workers. (b) Commencing July 1, 2016, and concluding with the implementation of the formulary, the administrative director shall publish at least two interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary. (Added by Stats. 2015, Ch. 525, Sec. 5. (AB 1124) Effective January 1, 2016.)
  103. 5307.29.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must update the drug formulary at least quarterly, publish related orders online, and establish an independent committee to review drug evidence.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.29. (a) The administrative director shall make provision for no less than quarterly updates to the drug formulary to allow for the provision of all appropriate medications, including those new to the market. (b) Changes made to the list of drugs in the drug formulary described in Section 5307.27 shall be made through an order exempt from Sections 5307.3 and 5307.4, and the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), informing the public of the changes and their effective date. All orders issued pursuant to this subdivision shall be published on the Internet Web site of the Division of Workers’ Compensation. (c) The administrative director shall establish an independent pharmacy and therapeutics committee to review and consult with the administrative director on available evidence of the relative safety, efficacy, and effectiveness of drugs within a class of drugs in the updating of an evidence-based drug formulary, as required by Section 5307.27. (1) The committee shall consist of six members and the Executive Medical Director of the Division of Workers’ Compensation. The committee shall consist of medical doctors or doctors of osteopathy holding a physician and surgeon license pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. A committee member shall have knowledge or expertise in one or more of the following: (A) Clinically appropriate prescribing of covered drugs. (B) Clinically appropriate dispensing and monitoring of covered drugs. (C) Drug use review. (D) Evidence-based medicine. (2) Committee members shall not be employed by a pharmaceutical manufacturer, a pharmacy benefits management company, or a company engaged in the development of a pharmaceutical formulary for commercial sale during his or her term, and shall not have been so employed for 12 months prior to his or her appointment. (3) A committee member shall not have a substantial financial conflict of interest pursuant to standards established by the administrative director. The administrative director may, in his or her sole discretion, disqualify a potential or current member of the committee if the administrative director determines that a substantial conflict of interest exists. (4) A committee member shall agree to keep all proprietary information confidential to the extent required by existing law. (Added by Stats. 2015, Ch. 525, Sec. 6. (AB 1124) Effective January 1, 2016.)
  104. 5307.3.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director may make necessary rules and regulations for this division, but must use public hearings for any adoption, amendment, or rescission unless the power is reserved to the appeals board.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.3. The administrative director may adopt, amend, or repeal any rules and regulations that are reasonably necessary to enforce this division, except where this power is specifically reserved to the appeals board. No rule or regulation of the administrative director pursuant to this section shall be adopted, amended, or rescinded without public hearings. Any written request filed with the administrative director seeking a change in its rules or regulations shall be deemed to be denied if not set by the administrative director for public hearing to be held within six months of the date on which the request is received by the administrative director. (Amended by Stats. 2011, Ch. 559, Sec. 12. (AB 1426) Effective October 7, 2011.)
  105. 5307.4.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section requires notice and participation procedures before certain public hearings on rulemaking, including at least 30 days’ notice.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.4. (a) Public hearings required under Sections 5307 and 5307.3 shall be subject to the provisions of this section except to the extent that there is involved a matter relating to the management, or to personnel, or to public property, loans, grants, benefits, or to contracts, of the appeals board or the administrative director. (b) Notice of the rule or regulation proposed to be adopted, amended, or rescinded, shall be given to such business and labor organizations and firms or individuals who have requested notice thereof. The notice shall include all of the following: (1) A statement of the time, place, and nature of the public hearings. (2) Reference to the legal authority under which the rule is proposed. (3) Either the terms or substance of the proposed rule, or a description of the subjects and the issues involved. (c) Except where the proposed rule or regulation has a significant impact on the public, this section shall not apply to interpretive rules, general statements of policy, or rules of agency organization. (d) After notice required by this section, the appeals board or the administrative director shall give interested persons the opportunity to participate in the rulemaking through submission of written data, views, or arguments, with opportunity for oral presentation. If, after consideration of the relevant matter presented, the appeals board or the administrative director adopts a rule, it or he shall publish a concise, general statement of reasons for the adoption of the rule. The rule and statement of reasons shall be given to the same individuals and organizations who have requested notice of hearings. (e) The notice required under this section shall be made not less than 30 days prior to the public hearing date. (Added by Stats. 1977, Ch. 517.)
  106. 5307.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board or a workers’ compensation judge may appoint a trustee or guardian ad litem for a minor or incompetent, and may join interested persons in the same proceeding. If the appeals board requires it, the guardian or trustee must give a bond and remains liable until an account is filed and approved.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.5. The appeals board or a workers’ compensation judge may: (a) Appoint a trustee or guardian ad litem to appear for and represent any minor or incompetent upon the terms and conditions which it deems proper. The guardian or trustee shall, if required by the appeals board, give a bond in the form and of the character required by law from a guardian appointed by a superior court and in the amount which the appeals board determines. The bond shall be approved by the appeals board, and the guardian or trustee shall not be discharged from liability until he or she files an account with the appeals board or with the superior court and the account is approved. The trustee or guardian shall receive the compensation for his or her services fixed and allowed by the appeals board or by the superior court. (b) Provide for the joinder in the same proceeding of all persons interested therein, whether as employer, insurer, employee, dependent, creditor, or otherwise. (Amended by Stats. 1985, Ch. 326, Sec. 13.)
  107. 5307.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must adopt and revise a fee schedule for medical-legal expenses. Providers generally cannot be paid or charge more than the schedule allows, and they may not take extra compensation tied to those expenses.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.6. (a) The administrative director shall adopt and revise a fee schedule for medical-legal expenses as defined by Section 4620, which shall be prima facie evidence of the reasonableness of fees charged for medical-legal expenses at the same time he or she adopts and revises the medical fee schedule pursuant to Section 5307.1. The schedule shall consist of a series of procedure codes, relative values, and a conversion factor producing fees which provide remuneration to physicians performing medical-legal evaluations at a level equivalent to that provided to physicians for reasonably comparable work, and which additionally recognizes the relative complexity of various types of evaluations, the amount of time spent by the physician in direct contact with the patient, and the need to prepare a written report. (b) A provider shall not be paid fees in excess of those set forth in the fee schedule established under this section unless the provider provides an itemization and explanation of the fee that shows that it is both a reasonable fee and that extraordinary circumstances relating to the medical condition being evaluated justify a higher fee; provided, however, that in no event shall a provider charge in excess of his or her usual fee. The employer and employee shall have standing to contest fees in excess of those set forth in the fee schedule. (c) In the event of a dispute between the provider and the employer, employee, or carrier concerning the fees charged, the provider may be allowed a reasonable fee for testimony if the provider testified pursuant to the employer’s or carrier’s subpoena and the judge or referee determines that the fee charged was reasonable and justified by extraordinary circumstances. (d) (1) No provider may request nor accept any compensation, including, but not limited to, any kind of remuneration, discount, rebate, refund, dividend, distribution, subsidy, or other form of direct or indirect payment, whether in money or otherwise, from any source for medical-legal expenses if such compensation is in addition to the fees authorized by this section. In addition to being subject to discipline pursuant to the provisions of subdivision (k) of Section 139.2, any provider violating this subdivision is subject to disciplinary action by the appropriate licensing board. (2) This subdivision does not apply to medical-legal expenses for which the administrative director has not adopted a fee schedule. (Amended by Stats. 1993, Ch. 1242, Sec. 38. Effective January 1, 1994.)
  108. 5307.7.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must adopt a fee schedule for vocational expert services by January 1, 2013, after public hearings. Vocational expert fees must not exceed amounts that are reasonable, actual, and necessary, or that do not match the adopted fee schedule, and the appeals board must not allow such fees.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.7. (a) On or before January 1, 2013, the administrative director shall adopt, after public hearings, a fee schedule that shall establish reasonable fees paid for services provided by vocational experts, including, but not limited to, vocational evaluations and expert testimony determined to be reasonable, actual, and necessary by the appeals board. (b) A vocational expert shall not be paid, and the appeals board shall not allow, vocational expert fees in excess of those that are reasonable, actual, and necessary, or that are not consistent with the fee schedule adopted by the administrative director. (Amended by Stats. 2012, Ch. 363, Sec. 75. (SB 863) Effective January 1, 2013.)
  109. 5307.8.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must adopt a home health care services payment schedule after public hearings.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.8. (a) Notwithstanding Section 5307.1, the administrative director shall adopt, after public hearings, a schedule for payment of home health care services provided in accordance with Section 4600 that are not covered by a Medicare fee schedule and are not otherwise covered by the official medical fee schedule adopted pursuant to Section 5307.1. The schedule shall set forth fees and requirements for service providers, and may be based upon, but is not limited to, being based upon, either of the following: (1) The maximum service hours and fees as set forth in regulations adopted pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. (2) A state or federal home health care services fee schedule other than the schedule described in paragraph (1), including a fee schedule authorized for purposes of the Medi-Cal program or a fee schedule administered by the federal Office of Workers’ Compensation Programs. (b) Fees shall not be provided for any services, including any services provided by a member of the employee’s household, to the extent the services had been regularly performed in the same manner and to the same degree prior to the date of injury. If appropriate, attorney’s fees for recovery of home health care services fees under this section may be awarded in accordance with Section 4906 and any applicable rules or regulations. (Amended by Stats. 2015, Ch. 542, Sec. 5. (SB 542) Effective January 1, 2016.)
  110. 5307.9.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must adopt a fee schedule for copy and related services by December 31, 2013, after public hearings and in consultation with the Commission on Health and Safety and Workers’ Compensation.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5307.9. On or before December 31, 2013, the administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a schedule of reasonable maximum fees payable for copy and related services, including, but not limited to, records or documents that have been reproduced or recorded in paper, electronic, film, digital, or other format. The schedule shall specify the services allowed and shall require specificity in billing for these services, and shall not allow for payment for services provided within 30 days of a request by an injured worker or his or her authorized representative to an employer, claims administrator, or workers’ compensation insurer for copies of records in the employer’s, claims administrator’s, or workers’ compensation insurer’s possession that are relevant to the employee’s claim. The schedule shall be applicable regardless of whether payments of copy service costs are claimed under the authority of Section 4600, 4620, or 5811, or any other authority except a contract between the employer and the copy service provider. (Added by Stats. 2012, Ch. 363, Sec. 77. (SB 863) Effective January 1, 2013.)
  111. 5308.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board can decide certain insurance disputes involving self-employing persons, and the State Compensation Insurance Fund must submit disputes to it when the other party consents.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5308. The appeals board has jurisdiction to determine controversies arising out of insurance policies issued to self-employing persons, conferring benefits identical with those prescribed by this division. The appeals board may try and determine matters referred to it by the parties under the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, with respect to controversies arising out of insurance issued to self-employing persons under the provisions of this division. Such controversies may be submitted to it by the signed agreement of the parties, or by the application of one party and the submission of the other to its jurisdiction, with or without an express request for arbitration. The State Compensation Insurance Fund, when the consent of the other party is obtained, shall submit to the appeals board all controversies susceptible of being arbitrated under this section. In acting as arbitrator under this section, the appeals board has all the powers which it may lawfully exercise in compensation cases, and its findings and award upon such arbitration have the same conclusiveness and are subject to the same mode of reopening, review, and enforcement as in compensation cases. No fee or cost shall be charged by the appeals board for arbitrating the issues presented under this section. (Amended by Stats. 1967, Ch. 125.)
  112. 5309.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may, under its own procedures and with party agreement, order a workers’ compensation judge to try issues, hold hearings, and issue contempt-related process.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5309. The appeals board may, in accordance with rules of practice and procedure which it shall adopt and upon the agreement of the parties, on the application of either, or of its own motion, and with or without notice, direct and order a workers’ compensation judge: (a) To try the issues in any proceeding before it, whether of fact or of law, and make and file a finding, order, decision, or award based thereon. (b) To hold hearings and ascertain facts necessary to enable the appeals board to determine any proceeding or to make any order, decision, or award that the appeals board is authorized to make under Divisions 4 or 5, or necessary for the information of the appeals board. (c) To issue writs or summons, warrants of attachment, warrants of commitment, and all necessary process in proceedings for direct and hybrid contempt in a like manner and to the same extent as courts of record. For the purposes of this section, “hybrid contempt” means a charge of contempt which arises from events occurring in the immediate presence of the workers’ compensation judge for reasons which occur outside the presence of the workers’ compensation judge. (Amended by Stats. 1988, Ch. 222, Sec. 1.)
  113. 5310.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board and the administrative director may appoint workers’ compensation administrative law judges, and the appeals board may also move claim proceedings to those judges when it considers that necessary or advisable.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5310. The appeals board may appoint one or more workers’ compensation administrative law judges in any proceeding, as it may deem necessary or advisable, and may refer, remove to itself, or transfer to a workers’ compensation administrative law judge the proceedings on any claim. The administrative director may appoint workers’ compensation administrative law judges. Any workers’ compensation administrative law judge appointed by the administrative director has the powers, jurisdiction, and authority granted by law, by the order of appointment, and by the rules of the appeals board. (Amended by Stats. 2011, Ch. 559, Sec. 13. (AB 1426) Effective October 7, 2011.)
  114. 5311.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    A party may object to sending the proceeding to a particular workers’ compensation judge, and the appeals board must hear and decide the objection.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5311. Any party to the proceeding may object to the reference of the proceeding to a particular workers’ compensation judge upon any one or more of the grounds specified in Section 641 of the Code of Civil Procedure and the objection shall be heard and disposed of by the appeals board. Affidavits may be read and witnesses examined as to the objections. (Amended by Stats. 1985, Ch. 326, Sec. 16.)
  115. 5311.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The administrative director must require workers’ compensation administrative law judges to take continuing education, including ethics and conflict-of-interest courses.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5311.5. The administrative director shall require all workers’ compensation administrative law judges to participate in continuing education to further their abilities as workers’ compensation administrative law judges, including courses in ethics and conflict of interest. The director may coordinate the requirements with those imposed upon attorneys by the State Bar in order that the requirements may be consistent. (Amended by Stats. 2011, Ch. 559, Sec. 14. (AB 1426) Effective October 7, 2011.)
  116. 5312.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Before starting duties, a workers’ compensation judge must be sworn before an officer authorized to administer oaths.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5312. Before entering upon his or her duties, the workers’ compensation judge shall be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and determine the matters and issues referred to him or her, to make just findings and to report according to his or her understanding. (Amended by Stats. 1985, Ch. 326, Sec. 17.)
  117. 5313.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board or workers’ compensation judge must file findings and a decision within 30 days after the case is submitted, and serve all parties a summary of the evidence and reasons for the determination.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5313. The appeals board or the workers’ compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made. (Amended by Stats. 1985, Ch. 326, Sec. 18.)
  118. 5315.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may, within 60 days after findings, a decision, an order, or an award is filed, confirm, adopt, modify, or set aside the workers’ compensation judge’s result.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5315. Within 60 days after the filing of the findings, decision, order or award, the appeals board may confirm, adopt, modify or set aside the findings, order, decision, or award of a workers’ compensation judge and may, with or without further proceedings, and with or without notice, enter its order, findings, decision, or award based upon the record in the case. (Amended by Stats. 1985, Ch. 326, Sec. 19.)
  119. 5316.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section lets notices, orders, and decisions be served using Civil Procedure Code service methods unless the appeals board directs otherwise, and allows publication service in some cases.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5316. Any notice, order, or decision required by this division to be served upon any person either before, during, or after the institution of any proceeding before the appeals board, may be served in the manner provided by Chapter 5, Title 14 of Part 2 of the Code of Civil Procedure, unless otherwise directed by the appeals board. In the latter event the document shall be served in accordance with the order or direction of the appeals board. The appeals board may, in the cases mentioned in the Code of Civil Procedure, order service to be made by publication of notice of time and place of hearing. Where service is ordered to be made by publication the date of the hearing may be fixed at more than 30 days from the date of filing the application. (Amended by Stats. 1965, Ch. 1513.)
  120. 5317.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    A notice, order, or decision affecting the State or certain public entities must be served on the person authorized by law to receive similar service.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [5300 - 5317] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 5317. Any such notice, order or decision affecting the State or any county, city, school district, or public corporation therein, shall be served upon the person upon whom the service of similar notices, orders, or decisions is authorized by law. (Enacted by Stats. 1937, Ch. 90.)
  121. 54.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The director must carry out the department’s duties, powers, jurisdiction, responsibilities, and purposes, unless this code expressly provides otherwise.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 54. The director shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department, except as otherwise expressly provided by this code. (Enacted by Stats. 1937, Ch. 90.)
  122. 54.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The director may appoint a licensed attorney and assistants. If no appointment is made, the Division of Workers’ Compensation attorney must also perform legal services for the department as directed by the Director of Industrial Relations.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 54.5. The director may appoint an attorney and assistants licensed to practice law in this state. In the absence of an appointment, the attorney for the Division of Workers’ Compensation shall also perform legal services for the department as the Director of Industrial Relations may direct. (Amended by Stats. 1994, Ch. 1097, Sec. 3. Effective January 1, 1995.)
  123. 5400.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    A workers’ compensation claim generally cannot be maintained unless written notice is served on the employer within 30 days after the injury.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5400. Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing, signed by the person injured or someone in his behalf, or in case of the death of the person injured, by a dependent or someone in the dependent’s behalf. (Enacted by Stats. 1937, Ch. 90.)
  124. 5401.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    An employer must give an injured employee a claim form and notice of potential benefit eligibility within one working day after learning of certain injuries.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5401. (a) Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402, which injury results in lost time beyond the employee’s work shift at the time of injury or which results in medical treatment beyond first aid, the employer shall provide, personally or by first-class mail, a claim form and a notice of potential eligibility for benefits under this division to the injured employee, or in the case of death, to his or her dependents. As used in this subdivision, “first aid” means any one-time treatment, and any followup visit for the purpose of observation of minor scratches, cuts, burns, splinters, or other minor industrial injury, which do not ordinarily require medical care. This one-time treatment, and followup visit for the purpose of observation, is considered first aid even though provided by a physician or registered professional personnel. “Minor industrial injury” shall not include serious exposure to a hazardous substance as defined in subdivision (i) of Section 6302. The claim form shall request the injured employee’s name and address, social security number, the time and address where the injury occurred, and the nature of and part of the body affected by the injury. Claim forms shall be available at district offices of the Employment Development Department and the division. Claim forms may be made available to the employee from any other source. (b) Insofar as practicable, the notice of potential eligibility for benefits required by this section and the claim form shall be a single document and shall instruct the injured employee to fully read the notice of potential eligibility. The form and content of the notice and claim form shall be prescribed by the administrative director after consultation with the Commission on Health and Safety and Workers’ Compensation. The notice shall be easily understandable and available in both English and Spanish. The content shall include, but not be limited to, the following: (1) The procedure to be used to commence proceedings for the collection of compensation for the purposes of this chapter. (2) A description of the different types of workers’ compensation benefits. (3) What happens to the claim form after it is filed. (4) From whom the employee can obtain medical care for the injury. (5) The role and function of the primary treating physician. (6) The rights of an employee to select and change the treating physician pursuant to subdivision (e) of Section 3550 and Section 4600. (7) How to get medical care while the claim is pending. (8) The protections against discrimination provided pursuant to Section 132a. (9) The following written statements: (A) You have a right to disagree with decisions affecting your claim. (B) To obtain important information about the workers’ compensation claims process and your rights and obligations, go to [applicable Internet Web site(s)], or contact an information and assistance (I&A) officer of the state Division of Workers’ Compensation. You can also hear recorded information and a list of local I&A offices by calling [applicable information and assistance telephone number(s)]. (C) You can consult an attorney. Most attorneys offer one free consultation. If you decide to hire an attorney, his or her fee will be taken out of some of your benefits. For names of workers’ compensation attorneys, call the State Bar of California at [telephone number of the State Bar of California’s legal specialization program, or its equivalent]. (c) The completed claim form shall be filed with the employer by the injured employee, or, in the case of death, by a dependent of the injured employee, or by an agent of the employee or dependent. Except as provided in subdivision (d), a claim form is deemed filed when it is personally delivered to the employer or received by the employer by first-class or certified mail. A dated copy of the completed form shall be provided by the employer to the employer’s insurer and to the employee, dependent, or agent who filed the claim form. (d) The claim form shall be filed with the employer prior to the injured employee’s entitlement to late payment supplements under subdivision (d) of Section 4650, or prior to the injured employee’s request for a medical evaluation under Section 4060, 4061, or 4062. Filing of the claim form with the employer shall toll, for injuries occurring on or after January 1, 1994, the time limitations set forth in Sections 5405 and 5406 until the claim is denied by the employer or the injury becomes presumptively compensable pursuant to Section 5402. For purposes of this subdivision, a claim form is deemed filed when it is personally delivered to the employer or mailed to the employer by first-class or certified mail. (Amended by Stats. 2011, Ch. 544, Sec. 6. (AB 335) Effective January 1, 2012.)
  125. 5401.7.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    The claim form must prominently display a warning that knowingly false or fraudulent material statements made to obtain or deny workers’ compensation benefits or payments are felonies.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5401.7. The claim form shall contain, prominently stated, the following statement: “Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony.” The statements required to be printed or displayed pursuant to Section 1871.2 of the Insurance Code may, but are not required to, appear on the claim form. (Amended by Stats. 2022, Ch. 424, Sec. 30. (SB 1242) Effective January 1, 2023.)
  126. 5402.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    The employer must authorize treatment within one working day after a claim form is filed and keep providing it until the claim is accepted or rejected. If liability is not rejected within the stated time limits, the injury is presumed compensable, and medical-treatment liability is capped at $10,000 until acceptance or rejection.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5402. (a) Knowledge of an injury, obtained from any source, on the part of an employer, the employer’s managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400. (b) (1) If liability is not rejected within 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 90-day period. (2) Notwithstanding paragraph (1), for injuries or illnesses defined in Sections 3212 to 3212.85, inclusive, and Sections 3212.9 to 3213.2, inclusive, if the liability is not rejected within 75 days after the date the claim form is filed pursuant to Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 75-day period. (c) Within one working day after an employee files a claim form under Section 5401, the employer shall authorize the provision of all treatment, consistent with Section 5307.27, for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected. Until the date the claim is accepted or rejected, liability for medical treatment shall be limited to ten thousand dollars ($10,000). (d) Treatment provided under subdivision (c) does not give rise to a presumption of liability on the part of the employer. (e) Upon appropriation by the Legislature, the Division of Workers’ Compensation shall identify and amend its existing data collection processes to include collection of the date on which the claimant is notified of acceptance, denial, or conditional denial of liability for a claim, consistent with this section. (Amended by Stats. 2022, Ch. 835, Sec. 3. (SB 1127) Effective January 1, 2023.)
  127. 5403.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A notice defect or failure under section 5400 does not prevent recovery if the employer was not misled or prejudiced.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5403. The failure to give notice under section 5400, or any defect or inaccuracy in a notice is not a bar to recovery under this division if it is found as a fact in the proceedings for the collection of the claim that the employer was not in fact misled or prejudiced by such failure. (Enacted by Stats. 1937, Ch. 90.)
  128. 5404.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If compensation is not paid on time, the proceeding to collect it is barred. A timely application to the appeals board by a party in interest for compensation under Section 3207 makes this chapter inoperative for later claims by that party about the same injury.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5404. Unless compensation is paid within the time limited in this chapter for the institution of proceedings for its collection, the right to institute such proceedings is barred. The timely filing of an application with the appeals board by any party in interest for any part of the compensation defined by Section 3207 renders this chapter inoperative as to all further claims by such party against the defendants therein named for compensation arising from that injury, and the right to present such further claims is governed by Sections 5803 to 5805, inclusive. (Amended by Stats. 1965, Ch. 1513.)
  129. 5404.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section lets certain old workers’ compensation claims be dismissed if there has been no activity for 180 days and the required notice was served, and it requires the notice to state the deadline for filing an adjudication application.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5404.5. (a) Where a claim form has been filed prior to January 1, 1994, and where the claim is denied by the employer, the claim may be dismissed if there has been no activity for the previous 180 days and if the claims adjuster has served notice pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of Civil Procedure. The notice shall specify that the claim will be dismissed by operation of law unless an application for adjudication of the claim is filed within 180 days of service of the notice. (b) Where a claim form has been filed prior to January 1, 1994, and where benefits have been furnished by the employer, the claim may be dismissed if there has been no activity for the previous 180 days and if the claims adjuster has served notice pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of Civil Procedure. The notice shall specify that the claim will be dismissed by operation of law unless an application for adjudication of the claim is filed within five years of the date of injury or within one year of the last furnishing of benefits, whichever is later. (c) The administrative director may adopt rules of practice and procedure consistent with this section. (d) The provisions of subdivisions (a) and (b) do not limit the jurisdiction of the appeals board. (e) This section is applicable to injuries occurring before January 1, 1994. (Amended by Stats. 1993, Ch. 1242, Sec. 40. Effective January 1, 1994.)
  130. 5405.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Proceedings to collect certain workers’ compensation benefits must be started within one year.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5405. The period within which proceedings may be commenced for the collection of the benefits provided by Article 2 (commencing with Section 4600) or Article 3 (commencing with Section 4650), or both, of Chapter 2 of Part 2 is one year from any of the following: (a) The date of injury. (b) The expiration of any period covered by payment under Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. (c) The last date on which any benefits provided for in Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 were furnished. (Amended by Stats. 2002, Ch. 6, Sec. 78. Effective January 1, 2003.)
  131. 5406.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section sets time limits for starting proceedings to collect certain workers’ compensation death benefits.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5406. (a) Except as provided in Section 5406.5, 5406.6, or 5406.7, the period within which may be commenced proceedings for the collection of the benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 is one year from: (1) The date of death if death occurs within one year from date of injury. (2) The date of last furnishing of any benefits under Chapter 2 (commencing with Section 4550) of Part 2, if death occurs more than one year from the date of injury. (3) The date of death, if death occurs more than one year after the date of injury and compensation benefits have been furnished. (b) Proceedings shall not be commenced more than one year after the date of death, nor more than 240 weeks from the date of injury. (Amended by Stats. 2015, Ch. 303, Sec. 378. (AB 731) Effective January 1, 2016.)
  132. 5406.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If an asbestos worker or firefighter dies from asbestosis, proceedings to collect the listed benefits must be started within one year of death.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5406.5. In the case of the death of an asbestos worker or firefighter from asbestosis, the period within which proceedings may be commenced for the collection of the benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 is one year from the date of death. (Amended by Stats. 2003, Ch. 831, Sec. 1. Effective January 1, 2004.)
  133. 5406.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For certain deaths from HIV-related disease, proceedings to collect specified benefits may be started within one year after death if one of the listed conditions is met.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5406.6. (a) In the case of the death of a health care worker, a worker described in Section 3212, or a worker described in Section 830.5 of the Penal Code from an HIV-related disease, the period within which proceedings may be commenced for the collection of benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 is one year from the date of death, providing that one or more of the following events has occurred: (1) A report of the injury or exposure was made to the employer or to a governmental agency authorized to administer industrial injury claims, within one year of the date of the injury. (2) The worker has complied with the notice provisions of this chapter and the claim has not been finally determined to be noncompensable. (3) The employer provided, or was ordered to provide, workers’ compensation benefits for the injury prior to the date of death. (b) For the purposes of this section, “health care worker” means an employee who has direct contact, in the course of his or her employment, with blood or other bodily fluids contaminated with blood, or with other bodily fluids identified by the Division of Occupational Safety and Health as capable of transmitting HIV, who is either (1) any person who is an employee of a provider of health care, as defined in Section 56.05 of the Civil Code, including, but not limited to, a registered nurse, licensed vocational nurse, certified nurse aide, clinical laboratory technologist, dental hygienist, physician, janitor, or housekeeping worker, or (2) an employee who provides direct patient care. (Amended by Stats. 2013, Ch. 444, Sec. 21. (SB 138) Effective January 1, 2014.)
  134. 5406.7.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Dependency death benefit proceedings may be started only within the stated time window and only if the listed conditions are met.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5406.7. (a) In addition to the timelines established pursuant to Section 5406, proceedings for the collection of the benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 may be commenced after 240 weeks from the date of injury and no later than 420 weeks from the date of injury, but in no event more than one year after the date of death, if all of the following criteria are met: (1) The proceedings are brought for the collection of benefits by, or on behalf of, a person who was a dependent on the date of death. The extent of dependency shall be determined in accordance with the facts as they existed at the time of death of the employee. (2) The injury causing death is one of the following: (A) An injury as defined in Section 3212.1 to a person described in Section 3212.1. (B) An injury as defined in Section 3212.6 to a person described in Section 3212.6. (C) An injury as defined in Section 3212.8 to a person described in Section 3212.8. (3) The date of injury is during the person’s active service in applicable capacities described in Section 3212.1, 3212.6, or 3212.8. (b) This section does not apply to claims for the collection of benefits pursuant to Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 that have already been adjudicated, or otherwise finalized, or for which the commencement period lapsed on or before December 31, 2014. (c) No dependency death benefit shall be payable pursuant to proceedings commenced more than 240 weeks from the date of injury unless either no proceedings were commenced within 240 weeks from the date of injury, or, if proceedings were commenced within that period, it has been finally determined that no person is entitled to dependency death benefits pursuant to the proceedings that were commenced within that period. (Amended by Stats. 2018, Ch. 734, Sec. 2. (SB 1086) Effective January 1, 2019.)
  135. 5407.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A proceeding to collect compensation for serious and willful misconduct by the employer must be commenced within 12 months of the injury.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5407. The period within which may be commenced proceedings for the collection of compensation on the ground of serious and willful misconduct of the employer, under provisions of Section 4553, is as follows: Twelve months from the date of injury. This period shall not be extended by payment of compensation, agreement therefor, or the filing of application for compensation benefits under other provisions of this division. (Amended by Stats. 1972, Ch. 618.)
  136. 5407.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A proceeding to reduce compensation for an employee’s serious and willful misconduct must be started within 12 months after the injury date.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5407.5. The period within which may be commenced proceedings for the reduction of compensation on the ground of serious and willful misconduct of the employee, under provisions of Section 4551, is as follows: Twelve months from the date of injury. However, this limitation shall not apply in any case where the employee has commenced proceedings for the increase of compensation on the ground of serious and willful misconduct of the employer. (Amended by Stats. 1972, Ch. 618.)
  137. 5408.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If an injured worker or dependent is a minor or incompetent, an appointed guardian, conservator, guardian ad litem, or trustee may act for them, and the appeals board may determine that status and appoint a trustee.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5408. If an injured employee or, in the case of the employee’s death, any of the employee’s dependents, is under 18 years of age or incompetent at any time when any right or privilege accrues to such employee or dependent under this division, a guardian or conservator of the estate appointed by the court, or a guardian ad litem or trustee appointed by the appeals board, may, on behalf of the employee or dependent, claim and exercise any right or privilege with the same force and effect as if no disability existed. No limitation of time provided by this division shall run against any person under 18 years of age or any incompetent unless and until a guardian or conservator of the estate or trustee is appointed. The appeals board may determine the fact of the minority or incompetency of any injured employee and may appoint a trustee to receive and disburse compensation payments for the benefit of such minor or incompetent and his family. (Amended by Stats. 1979, Ch. 730.)
  138. 5409.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The limitations period in this chapter is an affirmative defense that can be waived, and if it is not raised before the case is submitted for decision, that counts as a waiver.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5409. The running of the period of limitations prescribed by this chapter is an affirmative defense and operates to bar the remedy and not to extinguish the right of the employee. Such defense may be waived. Failure to present such defense prior to the submission of the cause for decision is a sufficient waiver. (Enacted by Stats. 1937, Ch. 90.)
  139. 5410.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An injured worker may bring compensation proceedings within five years after the injury if the original injury caused new and further disability, and the appeals board has continuing jurisdiction during that period.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5410. Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury upon the ground that the original injury has caused new and further disability. The jurisdiction of the appeals board in these cases shall be a continuing jurisdiction within this period. This section does not extend the limitation provided in Section 5407. (Amended by Stats. 2014, Ch. 217, Sec. 6. (AB 2732) Effective January 1, 2015.)
  140. 5410.1.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If someone tries and fails to reduce a permanent disability award, the board may determine the applicant’s reasonable attorney’s fee and assess it as costs against that party.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5410.1. Should any party to a proceeding institute proceedings to reduce the amount of permanent disability awarded to an applicant by the appeals board and be unsuccessful in such proceeding, the board may make a finding as to the amount of a reasonable attorney’s fee incurred by the applicant in resisting such proceeding to reduce permanent disability benefits previously awarded by the appeals board and assess the same as costs upon the party instituting the proceeding for the reduction of permanent disability benefits. (Added by Stats. 1971, Ch. 1558.)
  141. 5411.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines the “date of injury” for compensation claims.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5411. The date of injury, except in cases of occupational disease or cumulative injury, is that date during the employment on which occurred the alleged incident or exposure, for the consequences of which compensation is claimed. (Amended by Stats. 1973, Ch. 1024.)
  142. 5412.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For occupational disease or cumulative injury cases, the injury date is when the employee first became disabled and knew or should have known the disability was caused by current or prior employment.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5412. The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment. (Amended by Stats. 1973, Ch. 1024.)
  143. 5413.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An appeals board factual determination under this chapter does not bar a later criminal prosecution or stop those same facts from being litigated in the criminal case.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Limitations of Proceedings [5400 - 5413] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 5413. A determination of facts by the appeals board under this chapter has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding. (Added by Stats. 1995, Ch. 158, Sec. 2. Effective January 1, 1996.)
  144. 5430.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Workers’ Compensation Truth in Advertising Act of 1992.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. ) ## 5430. This chapter shall be known and may be cited as the Workers’ Compensation Truth in Advertising Act of 1992. (Added by Stats. 1992, Ch. 904, Sec. 1. Effective January 1, 1993.)
  145. 5431.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. )

    Verify source ↗

    This chapter’s purpose is to require truthful and adequate disclosure of material information in advertising that solicits workers’ compensation claim-related services.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. ) ## 5431. The purpose of this chapter is to assure truthful and adequate disclosure of all material and relevant information in the advertising which solicits persons to file workers’ compensation claims or to engage or consult counsel or a medical care provider or clinic to consider a workers’ compensation claim. (Added by Stats. 1992, Ch. 904, Sec. 1. Effective January 1, 1993.)
  146. 5432.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. )

    Verify source ↗

    Certain workers’ compensation ads must display or speak a required fraud-warning notice, and the notice must be in English unless another language is needed for the audience.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. ) ## 5432. (a) Any advertisement which solicits persons to file workers’ compensation claims or to engage or consult counsel or a medical care provider or clinic to consider a workers’ compensation claim in any newspaper, magazine, circular, form letter, or open publication, published, distributed, or circulated in this state, or on any billboard, card, label, transit advertisement or other written advertising medium shall state at the top or bottom on the front side or surface of the document in at least 12-point roman boldface type font, except for any billboard which shall be in type whose letters are 12 inches in height or any transit advertisement which shall be in type whose letters are seven inches in height and for any television announcement which shall be in 12-point roman boldface type font and appear in a dark background and remain on the screen for a minimum of five seconds and for any radio announcement which shall be read at an understandable pace with no loud music or sound effects, or both, to compete for the listener’s attention, the following: ## NOTICE Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. (b) Any television or radio announcement published or disseminated in this state which solicits persons to file workers’ compensation claims or to engage or consult counsel to consider a workers’ compensation claim under this code shall include the following spoken statement by the announcer of the advertisement: “Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.” (c) This chapter does not supersede or repeal any regulation which governs advertising under this code and those regulations shall continue to be in force in addition to this chapter. (d) For purposes of subdivisions (a) and (b), the notice or statement shall be written or spoken in English. In those cases where the preponderance of the listening or reading public receives information other than in the English language, the written notice or spoken statement shall be in those other languages. (Added by Stats. 1992, Ch. 904, Sec. 1. Effective January 1, 1993.)
  147. 5433.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. )

    Verify source ↗

    This section requires certain workers’ compensation lead advertisements to disclose if an agent may contact the person, and requires initial-contact disclosure when a name came from a lead device. It also bans deceptive or misleading solicitation and several kinds of government-like or rights-loss claims in advertisements.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. ) ## 5433. (a) Any advertisement or other device designed to produce leads based on a response from a person to file a workers’ compensation claim or to engage or consult counsel or a medical care provider or clinic shall disclose that an agent may contact the individual if that is the fact. In addition, an individual who makes contact with a person as a result of acquiring that individual’s name from a lead generating device shall disclose that fact in the initial contact with that person. (b) No person shall solicit persons to file a workers’ compensation claim or to engage or consult counsel or a medical care provider or clinic to consider a workers’ compensation claim through the use of a true or fictitious name which is deceptive or misleading with regard to the status, character, or proprietary or representative capacity of the entity or person, or to the true purpose of the advertisement. (c) For purposes of this section, an advertisement includes a solicitation in any newspaper, magazine, circular, form letter, or open publication, published, distributed, or circulated in this state, or on any billboard, card, label, transit advertisement, or other written advertising medium, and includes envelopes, stationery, business cards, or other material designed to encourage the filing of a workers’ compensation claim. (d) Advertisements shall not employ words, initials, letters, symbols, or other devices which are so similar to those used by governmental agencies, a nonprofit or charitable institution, or other entity that they could have the capacity or tendency to mislead the public. Examples of misleading materials include, but are not limited to, those that imply any of the following: (1) The advertisement is in some way provided by or is endorsed by a governmental agency or charitable institution. (2) The advertiser is the same as, is connected with, or is endorsed by a governmental agency or charitable institution. (e) Advertisements may not use the name of a state or political subdivision thereof in an advertising solicitation. (f) Advertisements may not use any name, service mark, slogan, symbol, or any device in any manner which implies that the advertiser, or any person or entity associated with the advertiser, or that any agency who may call upon the person in response to the advertisement, is connected with a governmental agency. (g) Advertisements may not imply that the reader, listener, or viewer may lose a right or privilege or benefits under federal, state, or local law if he or she fails to respond to the advertisement. (Amended by Stats. 1999, Ch. 83, Sec. 135. Effective January 1, 2000.)
  148. 5434.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. )

    Verify source ↗

    An advertiser that violates Section 5431 or 5432 commits a misdemeanor. The section also defines who counts as an “advertiser” for this chapter.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.3. Workers’ Compensation—Truth in Advertising [5430 - 5434] ( Chapter 2.3 added by Stats. 1992, Ch. 904, Sec. 1. ) ## 5434. (a) Any advertiser who violates Section 5431 or 5432 is guilty of a misdemeanor. (b) For the purposes of this chapter, “advertiser” means any person who provides workers’ compensation claims services which are described in the written or broadcast advertisements, any person to whom persons solicited by the advertisements are directed to for inquiries or the provision of workers’ compensation claims related services, or any person paying for the preparation, broadcast, printing, dissemination, or placement of the advertisements. (Added by Stats. 1992, Ch. 904, Sec. 1. Effective January 1, 1993.)
  149. 5450.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. )

    Verify source ↗

    The Division of Workers’ Compensation must provide information, assistance, and advice to employees, employers, and other interested parties.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. ) ## 5450. The Division of Workers’ Compensation shall make available to employees, employers and other interested parties information, assistance, and advice to assure the proper and timely furnishing of benefits and to assist in the resolution of disputes on an informal basis. (Amended by Stats. 1994, Ch. 1097, Sec. 19. Effective January 1, 1995.)
  150. 5451.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. )

    Verify source ↗

    Any party may consult or seek advice from an information and assistance officer, and the officer has several follow-up duties.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. ) ## 5451. Any party may consult with, or seek the advice of, an information and assistance officer within the Division of Workers’ Compensation as designated by the administrative director. If no application is filed, if the employee is not represented, or upon agreement of the parties, the information and assistance officer shall consider the contentions of the parties and may refer the matter to the appropriate bureau or unit within the Division of Workers’ Compensation for review and recommendations. The information and assistance officer shall advise the employer and the employee of their rights, benefits, and obligations under this division. Upon making a referral, the information and assistance officer shall arrange for a copy of any pertinent material submitted to be served upon the parties or their representatives, if any. The procedures to be followed by the information and assistance officer shall be governed by the rules and regulations of the administrative director adopted after public hearings. (Amended by Stats. 1994, Ch. 1097, Sec. 20. Effective January 1, 1995.)
  151. 5453.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. )

    Verify source ↗

    The information and assistance officer must make a recommendation after considering the submitted information and any received bureau or unit reports, and must serve it on the parties or their representatives if any exist.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. ) ## 5453. After consideration of the information submitted, including the reports of any bureau or unit within the Division of Workers’ Compensation which have been received, the information and assistance officer shall make a recommendation which shall be served on the parties or their representatives, if any. (Amended by Stats. 1994, Ch. 1097, Sec. 22. Effective January 1, 1995.)
  152. 5454.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. )

    Verify source ↗

    Submitting a matter to an information and assistance officer tolls any applicable statute of limitations while the matter is under consideration, and for 60 days after the recommendation is issued.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. ) ## 5454. Submission of any matter to an information and assistance officer of the Division of Workers’ Compensation shall toll any applicable statute of limitations for the period that the matter is under consideration by the information and assistance officer, and for 60 days following the issuance of his or her recommendation. (Amended by Stats. 1994, Ch. 1097, Sec. 23. Effective January 1, 1995.)
  153. 5455.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. )

    Verify source ↗

    Any party may file an application for benefits under this division; if they do, the admissibility of written evidence or reports in that proceeding is governed by Chapter 5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Administrative Assistance [5450 - 5455] ( Chapter 2.5 added by Stats. 1976, Ch. 1017. ) ## 5455. Nothing in this chapter shall prohibit any party from filing an application for benefits under this division. In any proceeding pursuant to such application, the admissibility of written evidence or reports submitted by any party pursuant to this chapter, or Section 5502, shall be governed by Chapter 5 (commencing with Section 5700). (Amended by Stats. 1983, Ch. 142, Sec. 109.)
  154. 55.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The director must organize the department with the Governor’s approval and may direct divisions to help enforce laws and issue necessary rules and regulations, subject to stated exceptions.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 55. For the purpose of administration the director shall organize the department subject to the approval of the Governor, in the manner he deems necessary properly to segregate and conduct the work of the department. Notwithstanding any provision in this code to the contrary, the director may require any division in the department to assist in the enforcement of any or all laws within the jurisdiction of the department. Except as provided in Section 18930 of the Health and Safety Code, the director may, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code, make rules and regulations that are reasonably necessary to carry out the provisions of this chapter and to effectuate its purposes. The provisions of this section, however, shall not apply to the Division of Workers’ Compensation or the State Compensation Insurance Fund, except as to any power or jurisdiction within those divisions as may have been specifically conferred upon the director by law. (Amended by Stats. 1994, Ch. 1097, Sec. 4. Effective January 1, 1995.)
  155. 550.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In this chapter, “day’s rest” applies regardless of whether the employee is hired by the day, week, month, or year, and whether the work is done in daytime or nighttime.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 550. As used in this chapter “day’s rest” applies to all situations whether the employee is engaged by the day, week, month, or year, and whether the work performed is done in the day or night time. (Enacted by Stats. 1937, Ch. 90.)
  156. 5500.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Applications and answers must be in writing, use the appeals board’s prescribed forms, and clearly set out the issues and relevant agreements and disagreements. The appeals board may require additional information to speed up hearing and decision of the claim.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5500. No pleadings other than the application and answer shall be required. Both shall be in writing and shall conform to forms prescribed by the appeals board in its rules of practice and procedure, simply but clearly and completely delineating all relevant matters of agreement and all issues of disagreement within the jurisdiction of the appeals board, and providing for the furnishing of any additional information as the appeals board may properly determine necessary to expedite its hearing and determination of the claim. The amendment of this section made during the 1993 portion of the 1993–94 Regular Session shall apply to all applications filed on or after January 1, 1994. Notwithstanding Section 5401, except where a claim form has been filed for an injury occurring on or after January 1, 1990, and before January 1, 1994, the filing of an application for adjudication and not the filing of a claim form shall establish the jurisdiction of the appeals board and shall commence proceedings before the appeals board for the collection of benefits. (Amended by Stats. 1994, Ch. 1118, Sec. 9. Effective January 1, 1995.)
  157. 5500.3.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board must set uniform district office and court procedures and forms, and district offices and workers’ compensation administrative law judges may not require different ones.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5500.3. (a) The appeals board shall establish uniform district office procedures, uniform forms, and uniform time of court settings for all district offices of the appeals board. No district office of the appeals board or workers’ compensation administrative law judge shall require forms or procedures other than as established by the appeals board. A workers’ compensation administrative law judge who violates this section may be subject to disciplinary proceedings. (b) The appeals board shall establish uniform court procedures and uniform forms for all other proceedings of the appeals board. (Amended by Stats. 2011, Ch. 559, Sec. 15. (AB 1426) Effective October 7, 2011.)
  158. 5500.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section limits which employers can be liable for certain occupational disease or cumulative injury claims and sets joinder and contribution procedures.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5500.5. (a) Except as otherwise provided in Section 5500.6, liability for occupational disease or cumulative injury claims filed or asserted on or after January 1, 1978, shall be limited to those employers who employed the employee during a period of four years immediately preceding either the date of injury, as determined pursuant to Section 5412, or the last date on which the employee was employed in an occupation exposing him or her to the hazards of the occupational disease or cumulative injury, whichever occurs first. Commencing January 1, 1979, and thereafter on the first day of January for each of the next two years, the liability period for occupational disease or cumulative injury shall be decreased by one year so that liability is limited in the following manner: For claims filed or asserted on or after: The period shall be: January 1, 1979 ........................ three years January 1, 1980 ........................ two years January 1, 1981 and thereafter ........................ one year In the event that none of the employers during the above referenced periods of occupational disease or cumulative injury are insured for workers’ compensation coverage or an approved alternative thereof, liability shall be imposed upon the last year of employment exposing the employee to the hazards of the occupational disease or cumulative injury for which an employer is insured for workers’ compensation coverage or an approved alternative thereof. Any employer held liable for workers’ compensation benefits as a result of another employer’s failure to secure the payment of compensation as required by this division shall be entitled to reimbursement from the employers who were unlawfully uninsured during the last year of the employee’s employment, and shall be subrogated to the rights granted to the employee against the unlawfully uninsured employers under the provisions of Article 1 (commencing with Section 3700) of Chapter 4 of Part 1 of Division 4. If, based upon all the evidence presented, the appeals board or workers’ compensation judge finds the existence of cumulative injury or occupational disease, liability for the cumulative injury or occupational disease shall not be apportioned to prior or subsequent years; however, in determining the liability, evidence of disability due to specific injury, disability due to nonindustrial causes, or disability previously compensated for by way of a findings and award or order approving compromise and release, or a voluntary payment of disability, may be admissible for purposes of apportionment. (b) Where a claim for compensation benefits is made on account of an occupational disease or cumulative injury which may have arisen out of more than one employment, the application shall state the names and addresses of all employers liable under subdivision (a), the places of employment, and the approximate periods of employment where the employee was exposed to the hazards of the occupational disease or cumulative injury. If the application is not so prepared or omits necessary and proper employers, any interested party, at or prior to the first hearing, may request the appeals board to join as defendant any necessary or proper party. If the request is made prior to the first hearing on the application, the appeals board shall forthwith join the employer as a party defendant and cause a copy of the application together with a notice of the time and place of hearing to be served upon the omitted employer; provided, the notice can be given within the time specified in this division. If the notice cannot be timely given or if the motion for joinder is made at the time of the first hearing, then the appeals board or the workers’ compensation judge before whom the hearing is held, if it is found that the omitted employer named is a necessary or proper party, may order a joinder of the party and continue the hearing so that proper notice may be given to the party or parties so joined. Only one continuance shall be allowed for the purpose of joining additional parties. Subsequent to the first hearing the appeals board shall join as a party defendant any additional employer when it appears that the employer is a proper party, but the liability of the employer shall not be determined until supplemental proceedings are instituted. (c) In any case involving a claim of occupational disease or cumulative injury occurring as a result of more than one employment within the appropriate time period set forth in subdivision (a), the employee making the claim, or his or her dependents, may elect to proceed against any one or more of the employers. Where such an election is made, the employee must successfully prove his or her claim against any one of the employers named, and any award which the appeals board shall issue awarding compensation benefits shall be a joint and several award as against any two or more employers who may be held liable for compensation benefits. If, during the pendency of any claim wherein the employee or his or her dependents has made an election to proceed against one or more employers, it should appear that there is another proper party not yet joined, the additional party shall be joined as a defendant by the appeals board on the motion of any party in interest, but the liability of the employer shall not be determined until supplemental proceedings are instituted. Any employer joined as a defendant subsequent to the first hearing or subsequent to the election provided herein shall not be entitled to participate in any of the proceedings prior to the appeal board’s final decision, nor to any continuance or further proceedings, but may be permitted to ascertain from the employee or his or her dependents such information as will enable the employer to determine the time, place, and duration of the alleged employment. On supplemental proceedings, however, the right of the employer to full and complete examination or cross-examination shall not be restricted. (d) (1) In the event a self-insured employer which owns and operates a work location in the State of California, sells or has sold the ownership and operation of the work location pursuant to a sale of a business or all or part of the assets of a business to another self-insured person or entity after January 1, 1974, but before January 1, 1978, and all the requirements of subparagraphs (A) to (D), inclusive, exist, then the liability of the employer-seller and employer-buyer, respectively, for cumulative injuries suffered by employees employed at the work location immediately before the sale shall, until January 1, 1986, be governed by the provisions of this section which were in effect on the date of that sale. (A) The sale constitutes a material change in ownership of such work location. (B) The person or entity making the purchase continues the operation of the work location. (C) The person or entity becomes the employer of substantially all of the employees of the employer-seller. (D) The agreement of sale makes no special provision for the allocation of liabilities for workers’ compensation between the buyer and the seller. (2) For purposes of this subdivision: (A) “Work location” shall mean any fixed place of business, office, or plant where employees regularly work in the trade or business of the employer. (B) A “material change in ownership” shall mean a change in ownership whereby the employer-seller does not retain, directly or indirectly, through one or more corporate entities, associations, trusts, partnerships, joint ventures, or family members, a controlling interest in the work location. (3) This subdivision shall have no force or effect on or after January 1, 1986, unless otherwise extended by the Legislature prior to that date, and it shall not have any force or effect as respects an employee who, subsequent to the sale described in paragraph (1) and prior to the date of his or her application for compensation benefits has been filed, is transferred to a different work location by the employer-buyer. (4) If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this subdivision which can be given effect without the invalid provision or application, and to this end the provisions of this subdivision are severable. (e) At any time within one year after the appeals board has made an award for compensation benefits in connection with an occupational disease or cumulative injury, any employer held liable under the award may institute proceedings before the appeals board for the purpose of determining an apportionment of liability or right of contribution. The proceeding shall not diminish, restrict, or alter in any way the recovery previously allowed the employee or his or her dependents, but shall be limited to a determination of the respective contribution rights, interest or liabilities of all the employers joined in the proceeding, either initially or supplementally; provided, however, if the appeals board finds on supplemental proceedings for the purpose of determining an apportionment of liability or of a right of contribution that an employer previously held liable in fact has no liability, it may dismiss the employer and amend its original award in such manner as may be required. (f) If any proceeding before the appeals board for the purpose of determining an apportionment of liability or of a right of contribution where any employee incurred a disability or death resulting from silicosis in underground metal mining operations, the determination of the respective rights and interests of all of the employers joined in the proceedings either initially or supplementally shall be as follows: (1) All employers whose underground metal mining operations resulted in a silicotic exposure during the period of the employee’s employment in those operations shall be jointly and severally liable for the payment of compensation and of medical, surgical, legal and hospital expense which may be awarded to the employee or his or her estate or dependents as the result of disability or death resulting from or aggravated by the exposure. (2) In making its determination in the supplemental proceeding for the purpose of determining an apportionment of liability or of a right of contribution of percentage liabilities of the various employers engaged in underground metal mining operations the appeals board shall consider as a rebuttal presumption that employment in underground work in any mine for a continuous period of more than three calendar months will result in a silicotic exposure for the employee so employed during the period of employment if the underground metal mine was driven or sunk in rock having a composition which will result in dissemination of silica or silicotic dust particles when drilled, blasted, or transported. (g) Any employer shall be entitled to rebut the presumption by showing to the satisfaction of the appeals board, or the workers’ compensation judge, that the mining methods used by the employer in the employee’s place of employment did not result during his or her employment in the creation of silica dust in sufficient amount or concentration to constitute a silicotic hazard. Dust counts, competently made, at intervals and in locations as meet the requirements of the Division of Occupational Safety and Health for safe working conditions may be received as evidence of the amount and concentration of silica dust in the workings where the counts have been made at the time when they were made. The appeals board may from time to time, as its experience may indicate proper, promulgate orders as to the frequency with which dust counts shall be taken in different types of workings in order to justify their acceptance as evidence of the existence or nonexistence of a silicotic hazard in the property where they have been taken. (h) The amendments to this section adopted at the 1959 Regular Session of the Legislature shall operate retroactively, and shall apply retrospectively to any cases pending before the appeals board or courts. From and after the date this section becomes effective no payment shall be made out of the fund used for payment of the additional compensation provided for in Section 4751, or out of any other state funds, in satisfaction of any liability heretofore incurred or hereafter incurred, except awards which have become final without regard to the continuing jurisdiction of the appeals board on that effective date, and the state and its funds shall be without liability therefor. This subdivision shall not in any way effect a reduction in any benefit conferred or which may be conferred upon any injured employee or his dependents. (i) The amendments to this section adopted at the 1977 Regular Session of the Legislature shall apply to any claims for benefits under this division which are filed or asserted on or after January 1, 1978, unless otherwise specified in this section. (Amended by Stats. 1985, Ch. 326, Sec. 20.)
  159. 5500.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    This section limits occupational disease or cumulative injury liability to certain employers tied to the employee’s last hazardous employment, and it can shift liability to a last insured employer if no last-day employer is insured.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5500.6. Liability for occupational disease or cumulative injury which results from exposure solely during employment as an employee, as defined in subdivision (d) of Section 3351, shall be limited to those employers in whose employment the employee was exposed to the hazards of the occupational disease or cumulative injury during the last day on which the employee was employed in an occupation exposing the employee to the hazards of the disease or injury. In the event that none of the employers of the last day of hazardous employment is insured for workers’ compensation liability, that liability, shall be imposed upon the last employer exposing the employee to the hazards of the occupational disease or cumulative injury who has secured workers’ compensation insurance coverage or an approved alternative thereto. If, based upon all the evidence presented, the appeals board or the workers’ compensation judge finds the existence of cumulative injury or occupational disease, liability for the cumulative injury or occupational disease shall not be apportioned to prior employers. However, in determining liability, evidence of disability due to specific injury, disability due to non-work-related causes, or disability previously compensated for by way of a findings and award or order approving compromise and release, or a voluntary payment of disability, may be admissible for purposes of apportionment. (Amended by Stats. 1985, Ch. 326, Sec. 21.)
  160. 5501.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    An application may be filed with the appeals board by an interested party, attorney, or written representative. Nonattorney representatives must notify the board in writing. After filing, the board or the applicant’s attorney/representative must serve copies as specified.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5501. The application may be filed with the appeals board by any party in interest, his attorney, or other representative authorized in writing. A representative who is not an attorney licensed by the State Bar of this state shall notify the appeals board in writing that he or she is not an attorney licensed by the State Bar of this state. Upon the filing of the application, the appeals board shall, where the applicant is represented by an attorney or other representative, serve a conformed copy of the application showing the date of filing and the case number upon applicant’s attorney or representative. The applicant’s attorney or representative shall, upon receipt of the conformed copy, forthwith serve a copy of the conformed application upon all other parties to the claim. If the applicant is unrepresented, a copy thereof shall forthwith be served upon all adverse parties by the appeals board. (Amended by Stats. 1991, Ch. 934, Sec. 17.)
  161. 5501.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    This section sets where an application for adjudication of claim must be filed and gives the employer a limited time to object to the chosen venue.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5501.5. (a) The application for adjudication of claim shall be filed in any of the following locations: (1) In the county where the injured employee or dependent of a deceased employee resides on the date of filing. (2) In the county where the injury allegedly occurred, or, in cumulative trauma and industrial disease claims, where the last alleged injurious exposure occurred. (3) In the county where the employee’s attorney maintains his or her principal place of business, if the employee is represented by an attorney. (b) If the county selected for filing has more than one office of the appeals board, the application shall be filed at any location of the appeals board within that county that meets the criteria specified in subdivision (a). The written consent of the employee, or dependent of a deceased employee, to the selected venue site shall be filed with the application. (c) If the venue site where the application is to be filed is the county where the employee’s attorney maintains his or her principal place of business, the attorney for the employee shall indicate that venue site when forwarding the information request form required by Section 5401.5. The employer shall have 30 days from receipt of the information request form to object to the selected venue site. Where there is an employer objection to a venue site under paragraph (3) of subdivision (a), then the application shall be filed pursuant to either paragraph (1) or (2) of subdivision (a). (d) If there is no appeals board office in the county where venue is permitted under subdivision (a), the application shall be filed at the appeals board office nearest the residence on the date of filing of the injured employee or dependent of a deceased employee, or the nearest place where the injury allegedly occurred, or, in cumulative trauma and industrial disease claims, where the last injurious exposure occurred, or nearest the location where the attorney of the employee maintains his or her principal place of business, unless the employer objects under subdivision (c). (Added by Stats. 1990, Ch. 1550, Sec. 59.)
  162. 5501.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    An applicant or defendant may ask the appeals board for a change of venue, and the board must grant it for good cause.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5501.6. (a) An applicant or defendant may petition the appeals board for a change of venue and a change of venue shall be granted for good cause. The reasons for the change of venue shall be specifically set forth in the request for change of venue. (b) If a change of venue is requested for the convenience of witnesses, the names and addresses of these witnesses and the substance of their testimony shall be specifically set forth in the request for change of venue. (Added by Stats. 1990, Ch. 1550, Sec. 60.)
  163. 5502.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section sets deadlines for workers’ compensation hearings, settlement conferences, and related filings.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5502. (a) Except as provided in subdivisions (b) and (d), the hearing shall be held not less than 10 days, and not more than 60 days, after the date a declaration of readiness to proceed, on a form prescribed by the appeals board, is filed. If a claim form has been filed for an injury occurring on or after January 1, 1990, and before January 1, 1994, an application for adjudication shall accompany the declaration of readiness to proceed. (b) The administrative director shall establish a priority calendar for issues requiring an expedited hearing and decision. A hearing shall be held and a determination as to the rights of the parties shall be made and filed within 30 days after the declaration of readiness to proceed is filed if the issues in dispute are any of the following, provided that if an expedited hearing is requested, no other issue may be heard until the medical provider network dispute is resolved: (1) The employee’s entitlement to medical treatment pursuant to Section 4600, except for treatment issues determined pursuant to Sections 4610 and 4610.5. (2) Whether the injured employee is required to obtain treatment within a medical provider network. (3) A medical treatment appointment or medical-legal examination. (4) The employee’s entitlement to, or the amount of, temporary disability indemnity payments. (5) The employee’s entitlement to compensation from one or more responsible employers when two or more employers dispute liability as among themselves. (6) Any other issues requiring an expedited hearing and determination as prescribed in rules and regulations of the administrative director. (c) The administrative director shall establish a priority conference calendar for cases in which the employee is represented by an attorney or is or was employed by an illegally uninsured employer and the issues in dispute are employment or injury arising out of employment or in the course of employment. The conference shall be conducted by a workers’ compensation administrative law judge within 30 days after the declaration of readiness to proceed. If the dispute cannot be resolved at the conference, a trial shall be set as expeditiously as possible, unless good cause is shown why discovery is not complete, in which case status conferences shall be held at regular intervals. The case shall be set for trial when discovery is complete, or when the workers’ compensation administrative law judge determines that the parties have had sufficient time in which to complete reasonable discovery. A determination as to the rights of the parties shall be made and filed within 30 days after the trial. (d) (1) In all cases, a mandatory settlement conference, except a lien conference or a mandatory settlement lien conference, shall be conducted not less than 10 days, and not more than 30 days, after the filing of a declaration of readiness to proceed. If the dispute is not resolved, the regular hearing, except a lien trial, shall be held within 75 days after the declaration of readiness to proceed is filed. (2) The settlement conference shall be conducted by a workers’ compensation administrative law judge or by a referee who is eligible to be a workers’ compensation administrative law judge or eligible to be an arbitrator under Section 5270.5. At the mandatory settlement conference, the referee or workers’ compensation administrative law judge shall have the authority to resolve the dispute, including the authority to approve a compromise and release or issue a stipulated finding and award, and if the dispute cannot be resolved, to frame the issues and stipulations for trial. The appeals board shall adopt any regulations needed to implement this subdivision. The presiding workers’ compensation administrative law judge shall supervise settlement conference referees in the performance of their judicial functions under this subdivision. (3) If the claim is not resolved at the mandatory settlement conference, the parties shall file a pretrial conference statement noting the specific issues in dispute, each party’s proposed permanent disability rating, and listing the exhibits, and disclosing witnesses. Discovery shall close on the date of the mandatory settlement conference. Evidence not disclosed or obtained thereafter shall not be admissible unless the proponent of the evidence can demonstrate that it was not available or could not have been discovered by the exercise of due diligence prior to the settlement conference. (e) In cases involving the Director of Industrial Relations in his or her capacity as administrator of the Uninsured Employers Fund, this section shall not apply unless proof of service, as specified in paragraph (1) of subdivision (d) of Section 3716, has been filed with the appeals board and provided to the Director of Industrial Relations, valid jurisdiction has been established over the employer, and the fund has been joined. (f) Except as provided in subdivision (a), this section shall apply irrespective of the date of injury. (Amended by Stats. 2014, Ch. 156, Sec. 1. (AB 1746) Effective January 1, 2015.)
  164. 5502.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A workers’ compensation judge may grant a continuance of a required conference or hearing for good cause, on just terms.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5502.5. A continuance of any conference or hearing required by Section 5502 shall not be favored, but may be granted by a workers’ compensation judge upon any terms as are just upon a showing of good cause. When determining a request for continuance, the workers’ compensation judge shall take into consideration the complexity of the issues, the diligence of the parties, and the prejudice incurred on the part of any party by reasons of granting or denying a continuance. (Added by Stats. 1990, Ch. 1550, Sec. 62.)
  165. 5503.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    In this provision, the person applying is called the applicant, and the adverse party is called the defendant.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5503. The person so applying shall be known as the applicant and the adverse party shall be known as the defendant. (Enacted by Stats. 1937, Ch. 90.)
  166. 5504.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A notice of the hearing time and place must be served on the applicant and all adverse parties.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5504. A notice of the time and place of hearing shall be served upon the applicant and all adverse parties and may be served either in the manner of service of a summons in a civil action or in the same manner as any notice that is authorized or required to be served under the provisions of this division. (Amended by Stats. 1971, Ch. 393.)
  167. 5505.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A defendant may file or mail an answer to the appeals board within 10 days after service of the application, and must serve a copy on all adverse parties.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5505. If any defendant desires to disclaim any interest in the subject matter of the claim in controversy, or considers that the application is in any respect inaccurate or incomplete, or desires to bring any fact, paper, or document to the attention of the appeals board as a defense to the claim or otherwise, he may, within 10 days after the service of the application upon him, file with or mail to the appeals board his answer in such form as the appeals board may prescribe, setting forth the particulars in which the application is inaccurate or incomplete, and the facts upon which he intends to rely. A copy of the answer shall be forthwith served upon all adverse parties. Evidence upon matters not pleaded by answer shall be allowed only upon the terms and conditions imposed by the appeals board or referee holding the hearing. (Amended by Stats. 1965, Ch. 1513.)
  168. 5506.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    If the defendant does not appear or answer, the appeals board must continue to hearing and may grant relief on application.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5506. If the defendant fails to appear or answer, no default shall be taken against him, but the appeals board shall proceed to the hearing of the matter upon the terms and conditions which it deems proper. A defendant failing to appear or answer, or subsequently contending that no service was made upon him, or claiming to be aggrieved in any other manner by want of notice of the pendency of the proceedings, may apply to the appeals board for relief substantially in accordance with the provisions of Section 473 of the Code of Civil Procedure. The appeals board may afford such relief. No right to relief, including the claim that the findings and award of the appeals board or judgment entered thereon are void upon their face, shall accrue to such defendant in any court unless prior application is made to the appeals board in accordance with this section. In no event shall any petition to any court be allowed except as prescribed in Sections 5950 and 5951. (Amended by Stats. 1965, Ch. 1513.)
  169. 5507.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may dismiss an application without a hearing if the application shows on its face that the applicant is not entitled to compensation, after giving the applicant a chance to speak or submit written argument.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Applications and Answers [5500 - 5507] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 5507. If an application shows upon its face that the applicant is not entitled to compensation, the appeals board may, after opportunity to the applicant to be heard orally or to submit his claim or argument in writing dismiss the application without any hearing thereon. Such dismissal may be upon the motion of the appeals board or upon motion of the adverse party. The pendency of such motion or notice of intended dismissal shall not, unless otherwise ordered by the appeals board, delay the hearing on the application upon its merits. (Amended by Stats. 1965, Ch. 1513.)
  170. 551.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employees in any occupation of labor are entitled to one day of rest in seven.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 551. Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven. (Enacted by Stats. 1937, Ch. 90.)
  171. 552.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer must not require employees to work more than six days in seven.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 552. No employer of labor shall cause his employees to work more than six days in seven. (Enacted by Stats. 1937, Ch. 90.)
  172. 553.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person who violates this chapter commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 553. Any person who violates this chapter is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  173. 554.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section creates exceptions to the rest-day rules in Sections 551 and 552 and lets the labor standards chief exempt employers or employees for hardship.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 554. (a) Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day’s rest in seven. The requirement respecting the equivalent of one day’s rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise. (b) In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552. (Amended by Stats. 2016, Ch. 313, Sec. 1. (AB 1066) Effective January 1, 2017.)
  174. 555.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Sections 550, 551, 552, and 554 apply to cities and counties, and to their officers and employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 555. Sections 550, 551, 552 and 554 of this chapter are applicable to cities which are cities and counties and to the officers and employees thereof. (Amended by Stats. 1955, Ch. 624.)
  175. 556.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Sections 551 and 552 do not apply to an employer or employee when the total hours of employment are 30 hours or less in a week, or 6 hours or less in a day.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 556. Sections 551 and 552 shall not apply to any employer or employee when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof. (Amended by Stats. 1999, Ch. 134, Sec. 13. Effective January 1, 2000.)
  176. 558.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers or their agents who violate certain working-hours rules can face civil penalties, and recovered wages must be paid to the affected employee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: (1) For any initial violation, fifty dollars ($50) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. (2) For each subsequent violation, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. (3) Wages recovered pursuant to this section shall be paid to the affected employee. (b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1. (c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. (d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. (e) This section does not change the applicability of local overtime wage laws to any entity. (Amended by Stats. 2015, Ch. 783, Sec. 1. (AB 970) Effective January 1, 2016.)
  177. 558.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain employers and listed representatives can be held liable as the employer if they violate specified wage-and-hour rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General [500 - 558.1] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 558.1. (a) Any employer or other person acting on behalf of an employer, who violates, or causes to be violated, any provision regulating minimum wages or hours and days of work in any order of the Industrial Welfare Commission, or violates, or causes to be violated, Sections 203, 226, 226.7, 1193.6, 1194, or 2802, may be held liable as the employer for such violation. (b) For purposes of this section, the term “other person acting on behalf of an employer” is limited to a natural person who is an owner, director, officer, or managing agent of the employer, and the term “managing agent” has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. (c) Nothing in this section shall be construed to limit the definition of employer under existing law. (Added by Stats. 2015, Ch. 803, Sec. 10. (SB 588) Effective January 1, 2016.)
  178. 56.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The department’s work must be divided into at least five named divisions.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 56. The work of the department shall be divided into at least five divisions known as the Division of Workers’ Compensation, the Division of Occupational Safety and Health, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards, and the State Compensation Insurance Fund. (Amended by Stats. 2012, Ch. 46, Sec. 77. (SB 1038) Effective June 27, 2012.)
  179. 5600.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board may order attachment writs in workers’ compensation cases if an eligible application is filed.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 5600. The appeals board may, upon the filing of an application by or on behalf of an injured employee, the employee’s dependents, or any other party in interest, direct the clerk of the superior court of any county to issue writs of attachment authorizing the sheriff to attach the property of the defendant as security for the payment of any compensation which may be awarded in any of the following cases: (a) In any case mentioned in Section 415.50 of the Code of Civil Procedure. (b) Where the employer has failed to secure the payment of compensation as required by Article 1 (commencing with Section 3700) of Chapter 4 of Part 1. The attachment shall be in an amount fixed by the appeals board, not exceeding the greatest probable award against the defendant in the matter. (Amended by Stats. 2002, Ch. 784, Sec. 526. Effective January 1, 2003.)
  180. 5601.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Attachment proceedings are governed by Title 6.5 of the Code of Civil Procedure, as far as applicable, with the appeals board taking the place of the proper court.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 5601. The provisions of Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure, as far as applicable, shall govern the proceedings upon attachment, the appeals board being substituted therein for the proper court. (Amended by Stats. 1974, Ch. 1516.)
  181. 5602.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board controls writs of attachment in this context and must discharge an attachment if it later appears the employer was insured and the required substitution conditions are met.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 5602. No writ of attachment shall be issued except upon the order of the appeals board. Such order shall not be made where it appears from the application or affidavit in support thereof that the employer was, at the time of the injury to the employee, insured against liability imposed by this division by any insurer. If, at any time after the levying of an attachment, it appears that such employer was so insured, and the requisites for dismissing the employer from the proceeding and substituting the insurer as defendant under any method prescribed by this division are established, the appeals board shall forthwith discharge the attachment. (Amended by Stats. 1965, Ch. 1513.)
  182. 5603.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    When levying attachments, preference must be given to the employer’s real property.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Attachments [5600 - 5603] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 5603. In levying attachments preference shall be given to the real property of the employer. (Enacted by Stats. 1937, Ch. 90.)
  183. 57.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Each division must have a chief appointed by the Governor, paid under the law, and serving at the director’s pleasure.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 57. Each division shall be in charge of a chief who shall be appointed by the Governor and shall receive a salary fixed in accordance with law, and shall serve at the pleasure of the director. (Amended by Stats. 1973, Ch. 993.)
  184. 57.1.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section sets who appoints certain Division of Occupational Safety and Health staff, and how the chief and two deputy chiefs are paid.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 57.1. (a) The Chief of the Division of Occupational Safety and Health shall receive an annual salary as provided by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (b) All officers or employees of the Division of Occupational Safety and Health employed after the operative date of this section shall be appointed by the director in accordance with the provisions of the State Civil Service Act. Notwithstanding the foregoing, two deputy chiefs of the Division of Occupational Safety and Health shall be appointed by the Governor, with the advice of the Director of Industrial Relations, to serve at the pleasure of the Director of Industrial Relations. The two deputy chiefs shall be exempt from civil service. The annual salaries of the two exempted deputy chiefs shall be fixed by the Director of Industrial Relations, subject to the approval of the Director of Finance. (Amended by Stats. 1979, Ch. 72.)
  185. 57.2.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    When an agricultural-employee complaint is received by a Labor and Workforce Development Agency body, the appropriate entity must work together and use reasonable efforts to send it to the right entity for processing and investigation. The transmitting entity must not disclose the complainant’s identity or personal information if disclosure is barred by law or the complainant has not consented.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 57.2. (a) (1) Upon appropriation by the Legislature and notwithstanding any other law, upon intake of a complaint from an agricultural employee by any department, division, or board within the Labor and Workforce Development Agency, the appropriate entity shall collaborate with each other and take all reasonable efforts to transmit the complaint to the appropriate entity for processing and investigation. (2) In transmitting a complaint to the appropriate entity, the transmitting entity shall not disclose the identity and personal information of the agricultural employee complainant to the extent prohibited by law without their consent. (b) For purposes of this section, the following definitions apply: (1) “Agricultural employee” means a person employed in any of the following: (A) An agricultural occupation, as defined in Wage Order No. 14 of the Industrial Welfare Commission. (B) An industry preparing agricultural products for the market, on the farm, as defined in Wage Order No. 13 of the Industrial Welfare Commission. (C) An industry handling products after harvest, as defined in Wage Order No. 8 of the Industrial Welfare Commission. (2) “Appropriate entity” includes, but is not limited to, the Agricultural Labor Relations Board, Department of Industrial Relations, Division of Labor Standards Enforcement, Division of Occupational Safety and Health, or Employment Development Department. (3) “Reasonable efforts” shall be consistent with each entity’s confidentiality requirements, including, but not limited to, subdivision (c) of Section 6309. (Added by Stats. 2025, Ch. 624, Sec. 1. (AB 845) Effective January 1, 2026.)
  186. 57.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Board of Directors of the State Compensation Insurance Fund has the duties, powers, and jurisdiction for administering the Fund.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 57.5. All duties, powers, and jurisdiction relating to the administration of the State Compensation Insurance Fund shall be vested in the Board of Directors of the State Compensation Insurance Fund. (Added by Stats. 1945, Ch. 1431.)
  187. 5700.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board or workers’ compensation judge may adjourn a hearing, and if a judge adjourns it, that same judge must finish the hearing and decide it.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5700. The hearing on the application may be adjourned from time to time and from place to place in the discretion of the appeals board or the workers’ compensation judge holding the hearing. Any hearing adjourned by the workers’ compensation judge shall be continued to be heard by and shall be concluded and the decision made by the workers’ compensation judge who previously heard it. Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings. (Amended by Stats. 1985, Ch. 326, Sec. 22.)
  188. 5701.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board may gather testimony and inspect injury sites, employer records, and claimants’ medical condition, even without notice.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5701. The appeals board may, with or without notice to either party, cause testimony to be taken, or inspection of the premises where the injury occurred to be made, or the timebooks and payroll of the employer to be examined by any member of the board or a workers’ compensation judge appointed by the appeals board. The appeals board may also from time to time direct any employee claiming compensation to be examined by a regular physician. The testimony so taken and the results of any inspection or examination shall be reported to the appeals board for its consideration. (Amended by Stats. 1985, Ch. 326, Sec. 23.)
  189. 5702.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The parties to a controversy may put agreed facts in writing and file them with the appeals board. The appeals board may then decide based on that stipulation or choose a hearing, more testimony, or further investigation.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5702. The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the appeals board. The appeals board may thereupon make its findings and award based upon such stipulation, or may set the matter down for hearing and take further testimony or make the further investigation necessary to enable it to determine the matter in controversy. (Amended by Stats. 1965, Ch. 1513.)
  190. 5703.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board may accept and use several listed kinds of evidence at or after a hearing, subject to specific authenticity and statement requirements for some reports and protocols.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5703. The appeals board may receive as evidence either at or subsequent to a hearing, and use as proof of any fact in dispute, the following matters, in addition to sworn testimony presented in open hearing: (a) Reports of attending or examining physicians. (1) Statements concerning any bill for services are admissible only if made under penalty of perjury that they are true and correct to the best knowledge of the physician. (2) In addition, reports are admissible under this subdivision only if the physician has further stated in the body of the report that there has not been a violation of Section 139.3 and that the contents of the report are true and correct to the best knowledge of the physician. The statement shall be made under penalty of perjury. (b) Reports of special investigators appointed by the appeals board or a workers’ compensation judge to investigate and report upon any scientific or medical question. (c) Reports of employers, containing copies of timesheets, book accounts, reports, and other records properly authenticated. (d) Properly authenticated copies of hospital records of the case of the injured employee. (e) All publications of the Division of Workers’ Compensation. (f) All official publications of the State of California and United States governments. (g) Excerpts from expert testimony received by the appeals board upon similar issues of scientific fact in other cases and the prior decisions of the appeals board upon similar issues. (h) Relevant portions of medical treatment protocols published by medical specialty societies. To be admissible, the party offering such a protocol or portion of a protocol shall concurrently enter into evidence information regarding how the protocol was developed, and to what extent the protocol is evidence-based, peer-reviewed, and nationally recognized. If a party offers into evidence a portion of a treatment protocol, any other party may offer into evidence additional portions of the protocol. The party offering a protocol, or portion thereof, into evidence shall either make a printed copy of the full protocol available for review and copying, or shall provide an Internet address at which the entire protocol may be accessed without charge. (i) The medical treatment utilization schedule in effect pursuant to Section 5307.27 or the guidelines in effect pursuant to Section 4604.5. (j) Reports of vocational experts. If vocational expert evidence is otherwise admissible, the evidence shall be produced in the form of written reports. Direct examination of a vocational witness shall not be received at trial except upon a showing of good cause. A continuance may be granted for rebuttal testimony if a report that was not served sufficiently in advance of the close of discovery to permit rebuttal is admitted into evidence. (1) Statements concerning any bill for services are admissible only if they comply with the requirements applicable to statements concerning bills for services pursuant to subdivision (a). (2) Reports are admissible under this subdivision only if the vocational expert has further stated in the body of the report that the contents of the report are true and correct to the best knowledge of the vocational expert. The statement shall be made in compliance with the requirements applicable to medical reports pursuant to subdivision (a). (Amended by Stats. 2012, Ch. 363, Sec. 81. (SB 863) Effective January 1, 2013.)
  191. 5703.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The appeals board and the administrative director or designees may direct certain employee medical examinations under specified conditions.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5703.5. (a) The appeals board, at any time after an application is filed and prior to the expiration of its jurisdiction may, upon the agreement of a party to pay the cost, direct an unrepresented employee to be examined by a qualified medical evaluator selected by the appeals board, within the scope of the qualified medical evaluator’s professional training, upon any clinical question then at issue before the appeals board. (b) The administrative director or his or her designees, upon the submission of a matter to an information and assistance officer, may, upon the agreement of a party to pay the cost, and with the consent of an unrepresented employee direct the injured employee to be examined by a qualified medical evaluator selected by the medical director, within the scope of the qualified medical evaluator’s professional training, upon any clinical question, other than those issues specified in Section 4061, then pertinent to the investigation of the information and assistance officer. (c) The 1989 and 1990 amendments to this section shall become operative for injuries occurring on and after January 1, 1991. (Amended by Stats. 1990, Ch. 1550, Sec. 63.)
  192. 5704.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In certain compensation proceedings, transcripts and added materials from testimony taken without notice must be served on the parties, and they must be allowed to present evidence in explanation or rebuttal before a decision is made.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5704. Transcripts of all testimony taken without notice and copies of all reports and other matters added to the record, otherwise than during the course of an open hearing, shall be served upon the parties to the proceeding, and an opportunity shall be given to produce evidence in explanation or rebuttal thereof before decision is rendered. (Amended by Stats. 1951, Ch. 1003.)
  193. 5705.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The party or lien claimant with the affirmative issue carries the burden of proof, and the employer must prove listed affirmative defenses.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5705. The burden of proof rests upon the party or lien claimant holding the affirmative of the issue. The following are affirmative defenses, and the burden of proof rests upon the employer to establish them: (a) That an injured person claiming to be an employee was an independent contractor or otherwise excluded from the protection of this division where there is proof that the injured person was at the time of his or her injury actually performing service for the alleged employer. (b) Intoxication of an employee causing his or her injury. (c) Willful misconduct of an employee causing his or her injury. (d) Aggravation of disability by unreasonable conduct of the employee. (e) Prejudice to the employer by failure of the employee to give notice, as required by Sections 5400 and 5401. (Amended by Stats. 1993, Ch. 4, Sec. 9. Effective April 3, 1993.)
  194. 5706.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    The appeals board may order an autopsy in a covered death case, and the coroner must cooperate without charging a fee.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5706. Where it is represented to the appeals board, either before or after the filing of an application, that an employee has died as a result of injuries sustained in the course of his employment, the appeals board may require an autopsy. The report of the physician performing the autopsy may be received in evidence in any proceedings theretofore or thereafter brought. If at the time the autopsy is requested, the body of the employee is in the custody of the coroner, the coroner shall, upon the request of the appeals board or of any party interested, afford reasonable opportunity for the attendance of any physicians named by the appeals board at any autopsy ordered by him. If the coroner does not require, or has already performed the autopsy, he shall permit an autopsy or reexamination to be performed by physicians named by the appeals board. No fee shall be charged by the coroner for any service, arrangement, or permission given by him. (Amended by Stats. 1965, Ch. 1513.)
  195. 5707.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    If a deceased employee’s body is not with the coroner, the appeals board may authorize an autopsy and, if needed, exhumation. If the dependents who have custody of the body refuse the autopsy, it must not be performed.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5707. If the body of a deceased employee is not in the custody of the coroner, the appeals board may authorize the performance of such autopsy and, if necessary, the exhumation of the body therefor. If the dependents, or a majority thereof, of any such deceased employee, having the custody of the body refuse to allow the autopsy, it shall not be performed. In such case, upon the hearing of any application for compensation it is a disputable presumption that the injury or death was not due to causes entitling the claimants to benefits under this division. (Amended by Stats. 1965, Ch. 1513.)
  196. 5708.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    Hearings and investigations before the appeals board or a workers’ compensation judge follow this division and the board’s procedures, are not limited by ordinary evidence rules, and may use inquiry methods suited to finding the parties’ substantial rights.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5708. All hearings and investigations before the appeals board or a workers’ compensation judge are governed by this division and by the rules of practice and procedures adopted by the appeals board. In the conduct thereof they shall not be bound by the common law or statutory rules of evidence and procedure, but may make inquiry in the manner, through oral testimony and records, which is best calculated to ascertain the substantial rights of the parties and carry out justly the spirit and provisions of this division. All oral testimony, objections, and rulings shall be taken down in shorthand by a competent phonographic reporter. (Amended by Stats. 1985, Ch. 326, Sec. 25.)
  197. 5709.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    Procedural informality or use of otherwise inadmissible evidence does not invalidate listed orders, decisions, awards, or rules.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5709. No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, award, or rule made and filed as specified in this division. No order, decision, award, or rule shall be invalidated because of the admission into the record, and use as proof of any fact in dispute, of any evidence not admissible under the common law or statutory rules of evidence and procedure. (Amended by Stats. 1951, Ch. 778.)
  198. 5710.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    In workers’ compensation hearings and investigations, the appeals board or a workers’ compensation judge may order depositions and evidence gathering, and the employer must pay certain interpreter and attorney-fee costs in specified cases.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Hearings [5700 - 5710] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 5710. (a) The appeals board, a workers’ compensation judge, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. To that end the attendance of witnesses and the production of records may be required. Depositions may be taken outside the state before any officer authorized to administer oaths. The appeals board or a workers’ compensation judge in any proceeding before the appeals board may cause evidence to be taken in other jurisdictions before the agency authorized to hear workers’ compensation matters in those other jurisdictions. (b) If the employer or insurance carrier requests a deposition to be taken of an injured employee, or any person claiming benefits as a dependent of an injured employee, the deponent is entitled to receive in addition to all other benefits: (1) All reasonable expenses of transportation, meals, and lodging incident to the deposition. (2) Reimbursement for any loss of wages incurred during attendance at the deposition. (3) One copy of the transcript of the deposition, without cost. (4) A reasonable allowance for attorney’s fees for the deponent, if represented by an attorney licensed by the State Bar of this state. The fee shall be discretionary with, and, if allowed, shall be set by, the appeals board, but shall be paid by the employer or his or her insurer. The administrative director shall, on or before July 1, 2018, determine the range of reasonable fees to be paid. (5) If interpretation services are required because the injured employee or deponent does not proficiently speak or understand the English language, upon a request from either, the employer shall pay for the services of a language interpreter certified or deemed certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code. The fee to be paid by the employer shall be in accordance with the fee schedule adopted by the administrative director and shall include any other deposition-related events as permitted by the administrative director. (Amended by Stats. 2016, Ch. 868, Sec. 11. (SB 1160) Effective January 1, 2017.)
  199. 58.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The department must have possession and control of listed department property, and title to property held for the use and benefit of the State is transferred to the State.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 58. The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, held for the benefit or use of all commissions, divisions, and offices of the department and the title to all such property held for the use and benefit of the State is hereby transferred to the State. (Enacted by Stats. 1937, Ch. 90.)
  200. 59.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The department, through its appropriate officers, must administer and enforce laws that impose duties, powers, or functions on the department’s offices or officers.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 59. The department through its appropriate officers shall administer and enforce all laws imposing any duty, power, or function upon the offices or officers of the department. (Enacted by Stats. 1937, Ch. 90.)

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