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(c) Vocational Rehabilitation Notices for Injuries Occurring in 1990, 1991, 1992 or 1993.
(1) At 90 days of Aggregate Temporary Disability Benefits. The claims administrator shall notify the worker no later than 10 days after an employee has accrued 90 days of aggregate temporary total disability benefits of the assignment of the Qualified Rehabilitation Representative (QRR) for the purpose of explaining the employee's potential entitlement to vocational rehabilitation services. The notice shall include a statement that the QRR will be assisting the employee in the development of a job description to submit to the treating physician for an opinion regarding whether the employee may be released to his or her usual and customary occupation. The notice shall further state that the employee will be notified of the physician's opinion when available.
(2) Potential Eligibility for Rehabilitation. Within 10 days of receipt of a physician's report or knowledge of a physician's opinion indicating that an employee is medically eligible for vocational rehabilitation, or if prior notice has not been sent, within 10 days after the employee has been totally temporarily disabled for an aggregate of more than 365 days, the claims administrator shall notify the employee of his or her potential eligibility for vocational rehabilitation services. The notice shall include the following information:
(A) The "Help in Returning to Work " pamphlet published by the Division of Workers' Compensation;
(B) If the notice contains an offer of services, the notice shall include instructions on how to apply for vocational rehabilitation services (e.g., by written or telephonic communication to the claims administrator, the agreed Qualified Rehabilitation Representative or the employee's representative);
(C) If the notice contains an offer of services, the notice shall state that failure to apply within 90 days of receipt of this notice may terminate the employee's entitlement to vocational rehabilitation services;
(D) If the notice contains an offer of services, information on the employee's right to assist in the selection of an agreed upon Qualified Rehabilitation Representative;
(E) If the notice contains an offer of services, advice that the employee may request an evaluation of his or her ability to benefit from the provision of services prior to accepting or rejecting vocational rehabilitation services;
(F) The notice may include a statement from the claims administrator that every effort will be made to identify a modified or alternate job with the same employer to speed the employee's return to the labor market.
(G) Either an offer of vocational rehabilitation services, or a delay or denial notice in accordance with Section 9813(a)(2) or (3) of these regulations.
(3) Reminder of Potential Eligibility. If the employee has not requested vocational rehabilitation services after notification of medical eligibility, the claims administrator shall remind the employee of his or her right to vocational rehabilitation services. The notice shall be made not earlier than 45 nor later than 70 days after the employee's receipt of the Notice of Potential Eligibility.
(4) Intention to Withhold Maintenance Allowance for Failure to Cooperate. If the employee unreasonably fails to cooperate in the provision of vocational rehabilitation services, the claims administrator shall give the employee written notice of any intention to withhold payment of vocational rehabilitation maintenance allowance, the reasons, and the employee's right to object within 10 days of receiving the notice. The notice shall be made at least 15 days before ending payment of vocational rehabilitation maintenance allowance. The notice include a DWC Form RU 103 "Request for Dispute Resolution" and, if no Rehabilitation Unit case number exists, a DWC Form RU 101 Case Initiation Document.
(d) Vocational Rehabilitation Notices for Injuries Occurring in 1994 or later.
(1) At 90 days of Aggregate Temporary Disability Benefits. The claims administrator shall notify the employee no later than 10 days after the employee accrues 90 days of aggregate temporary total disability benefits of the employee's potential rights to vocational rehabilitation. The notice shall include the "Help in Returning to Work -94 " pamphlet published by the Division of Workers' Compensation.
(2) Potential Eligibility for Rehabilitation. Within 10 days of receipt of a physician's report or knowledge of a physician's opinion indicating that an employee is medically eligible for vocational rehabilitation, or if prior notice has not been sent within 10 days after the employee has been totally temporarily disabled for an aggregate of 365 days, the claims administrator shall notify the employee of his or her potential eligibility for vocational rehabilitation services. The notice shall indicate the following information:
(A) The "Help in Returning to Work -94 " pamphlet published by the Division of Workers' Compensation;
(B) If the notice contains an offer of services, the notice shall include instructions on how to apply for vocational rehabilitation services (e.g., by written or telephonic communication to the claims administrator, the agreed Qualified Rehabilitation Representative or the employee's representative);
(C) If the notice contains an offer of services, the notice shall state that failure to apply within 90 days of receipt of this notice may terminate the employee's entitlement to vocational rehabilitation services;
(D) If the notice contains an offer of services, information on the employee's right to assist in the selection of an agreed upon Qualified Rehabilitation Representative;
(E) If the notice contains an offer of services, advice that the employee may request an evaluation of their ability to benefit from the provision of services prior to accepting or rejecting vocational rehabilitation services. The employee must further be advised that fees for such an evaluation are included within the forty-five hundred dollars ($4,500) maximum fees available for counseling services.
(F) The notice shall include a statement from the claims administrator whether a modified or alternate job with the employer is available. In the event that additional investigation into the availability of alternate or modified work is required, a final notice regarding the availability of modified or alternate work shall be sent within 30 days. This time limit may be extended by agreement of the parties.
(G) Either an offer of vocational rehabilitation services, or delay or denial notice in accordance with paragraph (2) or (3) of subdivision (a).
(3) Reminder of Potential Eligibility. If the employee has not requested vocational rehabilitation services after notification of medical eligibility, the claims administrator shall remind the employee of his or her right to vocational rehabilitation services. The notice shall be made not earlier than 45 nor later than 70 days after the employee's receipt of the Notice of Potential Eligibility.
(4) Intention to Withhold Maintenance Allowance for Failure to Cooperate. If the employee unreasonably fails to cooperate in the provision of vocational rehabilitation services, the claims administrator shall give the employee written notice of any intention to withhold payment of vocational rehabilitation maintenance allowance, the reasons, and the employee's right to object within 10 days of receiving the notice. The notice shall be made at least 15 days before ending payment of vocational rehabilitation maintenance allowance. The Notice shall include a DWC Form RU 103 "Request for Dispute Resolution" and, if no Rehabilitation Unit case number exists, a DWC Form RU 101 Case Initiation Document.
Note: Authority cited: Sections 59, 133, 138.3, 138.4, 139.5(a)(2), 4636(d), 4637 and 5307.3, Labor Code. Reference: Sections 138.4, 139.5, 4061(a), (b), (d), 4636, 4637, 4641, 4643, 4644, 4650(a) through (d), 4661.5, 4700, 4701, 4702, 4703, 4703.5, 4903(a) and 5402, Labor Code.
s 9814. Salary Continuation.
In relation to periods of temporary disability, where an employer provides salary or other payments in lieu of or in excess of temporary disability indemnity, the claims administrator or employer shall comply with the notice requirements of this article which apply to temporary disability. In addition, the claims administrator or employer shall include a full explanation of the salary continuation plan with the initial notice.
Note: Authority cited: Sections 59, 133, 138.4, 139.5(a)(2), 4637 and 5307.3, Labor Code. Reference: Sections 4650(a), (c), (d), (g), 4800, 4804.1, 4806, 4850-4850.7, Labor Code.
s 9815. Corrected Notice.
If information in any notice, or the action taken as reflected in the notice, was incorrect or incomplete, the claims administrator shall provide the employee with a corrected notice within 14 days of knowledge of the error or omission. The notice shall be identified as a "Corrected Notice" and explain the nature and reason for the correction. Any additional benefits due as a result of the error or omission shall be paid or provided with the notice, if not previously provided.
Note: Authority cited: Sections 59, 133, 138.4, 139.5(a)(2), 4637 and 5307.3, Labor Code. Reference: Sections 138.4, 139.5, 4061(a), (b), (d), 4636, 4637, 4641, 4643, 4644, 4650(a) through (d), 4661.5, 4700, 4701, 4702, 4703, 4703.5, 4903(a) and 5402, Labor Code.
s 9816. Enforcement of Reporting Requirements.
Note: Authority cited: Sections 138.3 and 138.4, Labor Code. Reference: Sections 138.3, 138.4 and 5453, Labor Code.
s 9817. Destruction of Records.
Note: Authority cited: Sections 138.3 and 138.4, Labor Code. Reference: Sections 138.4, 4650, 4651, 4700-4703 and 5402, Labor Code.
s 9820. Definitions.
As used in this article:
(a) Administrative Director. The Administrative Director of the Division of Workers' Compensation or the Director's duly authorized representative designee, or delegee.
(b) Advertisement. Any form of communication, in writing, photograph or picture, electronic broadcasting or transmission, that solicits any person to:
(1) file a workers' compensation claim, or,
(2) use any workers' compensation services as defined in subsection (k), or,
(3) engage or consult counsel or a medical care provider or clinic to consider a workers' compensation claim.
The form of advertisement may include, but is not limited to, advertising by newspaper, magazine, circular, form letter, publication, billboard, card, label, placard, transit advertisement, business card, envelope, book, list, directory, radio, motion picture, video, television, or electronic mail.
(c) Advertiser. Any person who sends, publishes, broadcasts, transmits or communicates an advertisement as defined in subsection (b); or who causes or pays in whole or in part for the sending, publishing, broadcasting, transmission or communication of such an advertisement either for himself or on behalf of another person. However, advertiser does not include the following persons if the person's principal business is other than providing workers' compensation services:
(1) a publisher, printer, distributor or circulator of a newspaper, magazine, book, or other writing;
(2) an operator of a broadcasting station, movie or video production company;
(3) an operator of premises where advertisements are displayed;
(4) a person while working as an employee of any persons exempted in paragraphs 1 through 3 of this subsection.
(d) Attorney. A person who holds a valid, active license to practice law in California at the time the advertisement governed by these regulations is published.
(e) False or misleading advertisement. An advertisement that:
(1) Is false or misleading pursuant to Labor Code Section 139.43(a) or 139.45(b).
(2) Violates any provision of Labor Code Section 5433.
(3) Offers or implies that the advertiser can or will dissuade, delay or impede a claimant from pursuing a legitimate work injury claim; or can or will provide false or inaccurate evidence or opinion in support of or in opposition to a work injury claim.
(4) Fails to include the notice as specified in Labor Code Section 5432 or Title 8 CCR Section 9823(b).
(5) Fails to comply with any requirement of this article.
(6) Is placed in furtherance of business operations conducted in violation of law, or when the advertiser has not complied with any requirement of this article.
(f) Him, Himself or His. These terms include "her", "herself" or "hers" when the person is female, and "it", "itself" or "its" when referring to an artificial person.
(g) Owner. A person who has a direct or indirect ownership interest in a business which provides workers' compensation services, or a person who has a direct or indirect claim to all or a portion of the income of a business which provides workers' compensation services.
(h) Person. Any natural or artificial person or combination of persons, including without limitation a corporation, partnership, trust, or unincorporated association.
(i) Physician. A person who holds a valid, active license to practice in California at the time the advertisement governed by these regulations is published, as any of the following medical practitioners: a medical or osteopathic physician and surgeon; a psychologist; a chiropractor; a podiatrist; a dentist; or an optometrist.
(j) Referral panelist. A person who will receive or has agreed to receive referrals of clients from a workers' compensation referral service.
(k) Workers' compensation services means services provided by any of the following:
(1) A workers' compensation medical or medical-legal provider, which means any person who provides medical treatment or evaluation of injuries or alleged injuries, including work injuries.
(2) A workers' compensation non-attorney advisor or representative, which means any person who is not an attorney who advises or represents persons in connection with injuries or alleged injuries, including work injuries.
(3) A workers' compensation referral service, which means any person who refers persons to medical or medical-legal providers, non-attorney advisors or representatives, or attorneys who advise or represent persons in connection with injuries or alleged injuries, including work injuries.
(4) A workers' compensation advertiser, which means any person who advertises or solicits for any or all of the preceding three categories of persons.
This definition includes persons who provide services for several types of injuries, as long as work injuries are included.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9821. Coverage and Exclusions.
(a) This article does not apply to attorneys, as defined in Section 9820(d), or physicians, as defined in Section 9820(i). Nothing in this article shall be construed to obviate or lessen the obligations of attorneys or physicians under Labor Code Sections 5430 through 5434, or under other provisions of law. A person who was not licensed to practice in California at the time of the act or omission is not considered an attorney or physician under this article, and these regulations apply to such a person.
(b) This article does not apply to government agencies, labor organizations as defined in Labor Code Section 1117, charitable organizations, or non-profit tax-exempt bar associations whose primary business or purpose is other than providing workers' compensation services as defined in Section 9820(k), or to agents or employees of any of these exempt entities while acting for them.
(c) This article does apply to all other advertisers, as defined in Section 9820(c), even though an advertiser who is subject to this article may also be subject to attorney or physician workers' compensation advertising laws because the person advertises with or for an attorney or physician.
(d) The provisions of this article are not exclusive. The Administrative Director may use the remedies in this article and any other remedies provided by law.
(e) Any waiver of this article is void as against public policy.
(f) This article shall not be construed to authorize the unlawful practice of law or medicine by any person.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9822. Severability.
If any portion of this article, or the application of any part of it to any person or circumstance, is held to be invalid, the rest of the article and its application to any other person or circumstance remain valid.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9823. General Workers' Compensation Advertising Rules.
All advertisements shall comply with the following rules:
(a) No advertisement shall be false or misleading.
(b) All advertisements shall include the written or spoken fraud notices, in the manner set forth in Labor Code Section 5432(a), (b).
(c) If an advertisement includes a testimonial, it must not overstate or distort the facts or results of the person's case, and must qualify the testimonial by stating immediately before or after it: (1) that each person's case is different and that the reader's or viewer's results will not necessarily be the same as the example; (2) in the case of a spoken or pictorial testimonial when the speaker is not relating his or her own experience, that the reader, model or performer is an actor and not the actual person involved in the case. The advertisement must give the qualifying information in a similar manner and with similar emphasis as the testimonial.
(d) The advertiser must identify himself either by his true legal name or by a fictitious business name that was duly filed under Division 7, Part 3, Chapter 5 of the Business & Professions Code before using the fictitious name in an advertisement, and which fictitious name filing had not expired at the time of the advertisement. However, no such advertised name shall violate subsection (e). Notwithstanding the general provisions of the fictitious business name law, an advertiser must file its fictitious business statement before using it in an advertisement.
(e) An advertisement for a person who is not a physician (as defined in Section 9820(i)) may not use the terms "medical", "physician", or "doctor"; nor a term describing a specific area of medical practice such as "surgeon", "osteopath", "psychologist", "chiropractor", "podiatrist", "dentist", "optometrist", etc.; nor their linguistic variants; nor any similar designation implying that the person is a physician; in the advertiser's name or to describe the advertiser's services. In addition, an advertisement for a person who is not licensed as a physician in the specific area of medical practice named in the advertisement may not include a term describing a specific area of medical practice. However, an advertisement for a medical referral service may use the terms as provided in Section 9828(a).
(f) An advertisement for a person who is not an attorney (as defined in Section 9820(d)) may not use the terms "legal", "attorney", "law firm", "law office", "law center", "counselor at law", "specialist in workers' compensation law"; nor their linguistic variants; nor any similar designation implying that the person is an attorney; in the advertiser's name nor to describe the advertiser's services. However, an advertisement for a legal referral service may use the terms as provided in Section 9828(b).
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9824. Identification as Representative.
An advertisement for a workers' compensation non-attorney advisor or representative shall identify the advertiser as a non-attorney as follows: " The advertiser is a representative [or an advisor ] who is not an attorney." This notice shall be advertised in the same manner (size, typeface, display, etc.) required for the notice specified in Section 9823(b).
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139 .45 and 5430-5434, Labor Code.
s 9825. Representative's WCAB Qualification.
No person shall advertise as or on behalf of a non-attorney advisor or representative whose right to practice before the Workers' Compensation Appeals Board is suspended or revoked when the advertisement is published.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9826. Advertisement by Unlicensed Attorney.
No person shall advertise as or on behalf of a non-attorney advisor or representative whose California license to practice law is suspended or revoked when the advertisement is published, without stating in the advertisement: " The advertiser is a representative [or an advisor ] whose license to practice law has been suspended [or revoked ]." This notice shall be advertised in the same manner (size, typeface, display, etc.) required for the notice specified in Section 9823(b). This section does not permit advertising by a person whose right to practice before the WCAB, as well as his license to practice law, is suspended or revoked.
Note: Authority cited: Sections 59, 13, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9827. Advertisement by Unlicensed Medical Provider.
No person shall advertise medical goods or services whose provision requires a license, by or on behalf of a person who does not hold a valid, active license to provide the goods or services when the advertisement is published.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9828. Use of Terms "Medical", "Legal", or Comparable Terms.
An advertisement for workers' compensation referral services shall not use any of the following terms or their linguistic variants, nor any similar designation, in its name or to describe its services: (1) "medical", "physician", or "doctor"; (2) a term describing a specific area of medical practice such as "surgeon", "osteopath", "psychologist", "chiropractor", "podiatrist", "dentist", "surgeon", "optometrist", or the like; (3) "legal", "attorney", "law firm", "law office", "law center", "counselor at law", "specialist in workers' compensation law", except:
(a) An advertisement for a medical referral service may use the terms "medical referral" or "physician referral" if the service refers persons who respond to the advertisement only to physicians (as defined in Subsection 9820(i)). It may also use the term "medical referral" if it refers for goods or services by medical providers outside the fields of practice listed in subsection 9820(i), only to persons licensed to provide those other goods or services. It may use the term "referral" preceded by the name of a specific type of physician, such as "chiropractic referral", "podiatric referral", etc., if it restricts its referrals to physicians of the type named.
(b) An advertisement for a legal referral service may use the terms "legal referral" or "attorney referral" if the service refers persons who respond to the advertisement only to attorneys (as defined in Subsection 9820(d)).
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9829. Information Required from Referral Panelists.
Each advertiser of workers' compensation referral services shall require each medical, legal or non-attorney advisor or representative who will receive referrals from the referral service to supply the following information in writing, before receiving any referrals:
(a) In the case of all referral panelists, the information required by Section 9831.
(b) In the case of all referral panelists, an agreement that the panelist will inform the referral service in writing of any change in the information supplied, within 10 days of the change.
(c) In the case of an attorney, physician or other medical care referral panelist, the date the panelist was licensed to practice in California (if a license is required for that field of practice); that the license is then active and in good standing; and the panelist's specialty area of practice, if any, including the name of any specialty board or certification and date of that certification which the panelist holds.
(d) In the case of a non-attorney advisor or representative, a statement that the panelist is then entitled to appear before the Workers' Compensation Appeals Board.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9830. Information Supplied to Referral Panelists.
Each advertiser of workers' compensation referral services shall give each referral panelist a copy of each advertisement it will use to refer clients to the panelist, on or before the date the advertisement is published. The advertiser shall notify the panelist in writing, with the copy of the advertisement, that the panelist may object to the advertiser's using that advertisement to attract or refer clients to the panelist. If a panelist notifies the service that (s)he objects to the advertisement, the service shall not refer any clients who respond to that advertisement to a panelist who objected to it.
The advertiser shall maintain written records of each objection to an advertisement, containing a copy of the advertisement, the identity of the panelist who objected to it, and the date of the objection. During the period any objection is in force to an advertisement then being published, the advertiser shall ask each respondent to identify the advertisement to which the person is responding, and shall not refer the respondent to any panelist who objected to that advertisement.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9831. Registration Statement.
Every advertiser shall prepare, retain, and make available to the administrative director upon request a written registration statement. The information in the statement shall be verified by a declaration under penalty of perjury signed by the advertiser (if an individual), or by each owner of the advertiser (if a business entity). Whenever a material change occurs in the information in the statement, the advertiser shall within 10 days of the change revise the statement.
The statement shall contain the following information:
(a) The full legal name of the advertiser, and any other name(s) under which the person will advertise or do business.
(b) The advertiser's business form and place of organization; if the advertiser is a corporation, a copy of its articles of incorporation and bylaws and any amendments to them; if the advertiser is a partnership, a copy of the partnership agreement and any amendments to it; if the advertiser is an unincorporated organization a copy of its written organizational documents and any amendments to them; if the advertiser has filed or uses a fictitious business name, a copy of each fictitious business name statement showing the place(s) of filing.
(c) The complete street address or addresses of all locations at which the advertiser does or proposes to do business, and a designation of one such location in California as its principal place of business in the state.
(d) A listing of all telephone numbers to be used by the advertiser and the address where each telephone using each of these telephone numbers is located.
(e) The name of, and the office held by, the advertiser's officers, directors, trustees, general and limited partners, sole proprietor, and owners, as the case may be, and the names of those persons who have management responsibilities in connection with the advertiser's business activities.
(f) For each person whose name is disclosed under subdivision (e): the complete address of his principal residence; his driver's license number and state of issuance; and the number, licensing agency, and status of each professional license (s)he holds.
(g) A statement identifying any person disclosed under subdivision (e) who:
(1) has been convicted of or has pleaded guilty or no contest to a felony or misdemeanor violation of any offense related to workers' compensation, or of fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property; or
(2) is or has been the subject of any civil or administrative action alleging acts in violation of any workers' compensation law, or of fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, or of the use of unfair, unlawful, or deceptive business practices.
The statement shall identify the person, court or administrative agency in which the case was filed, the case number, title of the case, and the result of the case.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9832. Maintenance of and Access to Records.
Every advertiser shall maintain the following records, at its principal place of business in California, of its business of providing workers' compensation services:
(a) Complete financial records using generally accepted accounting principles, as defined by the American Institute of Certified Public Accountants and the Financial Standards Board.
(b) A copy of all of its workers' compensation advertisements (whether in print, video or audio media) published within the preceding two years. The records shall include a copy of the advertisement and the dates and places of each publication, including as applicable the name and city of publication of a periodical, or the station call letters and city location of any radio or television station.
(c) Its registration statement required by Section 9831.
(d) For workers' compensation referral services, a record of all objections to advertisements as required by Section 9830.
(e) For workers' compensation referral services, a single record listing all referral panelists, including each panelist's: (1) name; (2) address(es) at which (s)he will consult with clients; (3) profession, professional license number and state of issuance; (4) if the panelist works for a business, the name of the business and his status with it (owner, employee or independent contractor); (5) date (s)he became a panelist; and (6) the date (s)he ended the status as a panelist if applicable.
The service shall update the record to show any change in a panelist's status within 10 days of knowledge of the change. The record shall continue to list each panelist who ends his status as such, for two years after the person's status as a panelist ended.
(f) The advertiser shall maintain all records required by this section for at least two years after: (1) for advertisements, the date of its last publication; (2) for financial records, the end of the calendar year to which the records refer in whole or in part; (3) for registration statements or statement changes, the end of the calendar year to which the statement or change relates; (4) for objections to advertisements, the later of the date of the objection or the date the advertisement was last published; (5) for the combined listing of referral panelists required by Subsection (e) (in its current updated form), the date the service publishes its last advertisement.
(g) The advertiser shall make all records required by this section available for inspection and copying by any representative of the Department of Industrial Relations, the Department of Justice, or district or city attorney, during the advertiser's normal business hours but at least between 9:00 a.m. and 5:00 p.m. Monday through Friday (excepting holidays). In addition, if necessary in the judgment of the inspector to protect the integrity of an investigation, the advertiser shall allow, and an inspector may conduct or continue inspection and copying during other hours or days.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code; Sections 11180-11191, Government Code.
s 9833. Right to Conduct Investigation.
The Administrative Director may investigate any violation of this article, of the Workers' Compensation Truth in Advertising Act of 1992 (Labor Code ss 5430 et seq.), of Section 139.43 of the Labor Code, or of any other provision of law now or hereafter enacted concerning workers' compensation advertising by persons other than attorneys or physicians. For this purpose (s)he may employ all rights and remedies possessed or delegated under Government Code ss 11180 et seq
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code; Sections 11180-11191, Government Code.
s 9834. Order to Produce Documents or Provide Information.
The Administrative Director may issue and serve on any advertiser, or the advertiser's employees or agents, an order requiring the advertiser, employee or agent to provide information, copies and access to any information related to workers' compensation advertising subject to regulation under this article. The advertiser, employee or agent shall comply with the order within the time specified in it. The Administrative Director may serve the order by any method reasonably calculated to give notice to the person served.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 133.49(a), (b), (d), 139.45 and 5430-5434, Labor Code; Sections 11180-11191, Government Code.
s 9835. Compliance Orders.
(a) The Administrative Director may issue and serve on any advertiser, or the advertiser's employees or agents, a compliance order requiring the advertiser, employee or agent to cease and desist from committing any violation, or to comply with any requirement, of this article. The Administrative Director may serve the order by any method reasonably calculated to give notice to the person served.
(b) The Administrative Director's order may include, but is not limited to, the following provisions: (1) an order to stop using an advertisement or to use it only with specified modifications; (2) an order to advertise or otherwise disseminate corrective information, either by the advertiser at its expense, or by the Administrative Director at the advertiser's expense; (3) an order to pay the Administrative Director's investigation and enforcement costs.
(c) The advertiser, employee or agent shall comply with the order within the time specified in it.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9836. Other Remedies; Cumulative Remedies.
The Administrative Director may institute civil proceedings against any person for violation of this article or of the statutes which may be investigated under this article, or may refer any violation for civil, criminal or professional disciplinary proceedings to the Attorney General, a district or city attorney, or other authorities having jurisdiction of the matter.
The Administrative Director's remedies in this article are cumulative and not exclusive, and the exercise of any or all of them is discretionary.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9837. Hearing.
(a) Any person aggrieved by an order issued under Sections 9834 or 9835 may request a hearing before the administrative director or an administrative law judge which shall be shall be held in accordance with the Administrative Procedure Act {Chapter 5, (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code}, and the administrative director shall have all of the powers granted under that act.
Note: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.
s 9880. Written Notice to New Employees.
(a) Every employer shall provide to every new employee, either at the time of hire or by the end of the first pay period, the Written Notice to New Employees concerning the rights, benefits and obligations under worker's compensation law. The content of the notice must be approved by the Administrative Director.
(b) The notice shall be easily understandable. It shall be available in both English and Spanish where there are Spanish-speaking employees.
(c) The notice provided shall be in writing, in non-technical terms and shall include the following information:
(1) The name of the current compensation insurance carrier of the employer at the time of distribution, or when such is the fact, that the employer is self-insured, and who is responsible for claims adjustment;
(2) How to get emergency medical treatment, if needed;
(3) The kind of events, injuries and illnesses covered by workers' compensation;
(4) The injured employee's right to receive medical care;
(5) How to obtain appropriate medical care for a job injury;
(6) The role and function of the primary treating physician;
(7) The rights of the employee to select and change the treating physician pursuant to the provisions of Labor Code Sections 4600 to 4601;
(8) A form that the employee may use as an optional method for notifying the employer of the name of the employee's "personal physician," as defined by Labor Code Section 4600, or "personal chiropractor," as defined by Labor Code Section 4601;
(9) The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, vocational rehabilitation services, supplemental job displacement benefits, and death benefits, as appropriate;
(10) To whom the injuries should be reported;
(11) The existence of time limits for the employer to be notified of an occupational injury;
(12) The protections against discrimination provided pursuant to Section 132a; and
(13) The location and telephone number of the nearest information and assistance officer, including an explanation of services available.
Note: Authority cited: Sections 133, 138.3, 138.4, 3550, 3551 and 5307.3, Labor Code. Reference: Sections 139.5, 139.6, 3550, 3551, 3600, 4600, 4601, 4603, 4650, 4651, 4658.5, 4658.6, 4700, 4702 and 4703, Labor Code.Authority cited: Sections 133, 138.3, 138.4, 3550, 3551 and 5307.3, Labor Code. Reference: Sections 139.5, 139.6, 3550, 3551, 3600, 4600, 4601, 4603, 4650, 4651, 4658.5, 4658.6, 4700, 4702 and 4703, Labor Code.
s 9881. Posting of Notice to Employees.
(a) Every employer shall post and keep posted in a conspicuous location frequented by employees during the hours of the workday a Notice to Employees.
(b) The Notice to Employees poster shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees.
(c) The Notice to Employees poster shall include the following information:
(1) The name of the current compensation insurance carrier of the employer, or when such is the fact, that the employer is self-insured, and who is responsible for claims adjustment.
(2) How to get emergency medical treatment, if needed.
(3) Emergency telephone numbers for physician, hospital, ambulance, police and firefighting services.
(4) The kinds of events, injuries and illnesses covered by workers' compensation.
(5) Advice that the employer may not be responsible for compensation because of an injury due to the employee's voluntary participation in any off-duty recreational, social, or athletic activity that is not a part of the employee's work-related duties.
(6) The injured employee's right to receive medical care.
(7) The rights of the employee to select and change the treating physician pursuant to the provisions of Labor Code Section 4600.
(8) The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, vocational rehabilitation services, supplemental job displacement benefits, and death benefits, as appropriate.
(9) To whom the injuries should be reported.
(10) The existence of time limits for the employer to be notified of an occupational injury.
(11) The protections against discrimination provided pursuant to Labor Code Section 132a.
(12) The location and telephone number of the nearest information and assistance officer.
(c) The employer may post the Administrative Director's approved Notice to Employee Poster provided in Section 9881.1. If the employer chooses not to use the Notice to Employee Poster provided in Section 9881.1, the employer may use a poster which meets the posting requirements of Labor Code Section 3550, includes the information required by this regulation, and has been approved by the Administrative Director.
Note: Authority cited: Sections 133, 138.3, 139.6, 3550 and 5307.3, Labor Code. Reference: Sections 139.5, 3550, 3600, 4600, 4601, 4603, 4658.5 and 4658.6, Labor Code.Authority cited: Sections 133, 138.3, 139.6, 3550 and 5307.3, Labor Code. Reference: Sections 139.5, 3550, 3600, 4600, 4601, 4603, 4658.5 and 4658.6, Labor Code.
s 9881.1. Notice to Employees Poster.
Note: Authority cited: Sections 133, 138.3, 139.6, 3550 and 5307.3, Labor Code. Reference: Sections 3550, 4600, 4601, 4603, 4604.5, 4616, 4658.5 and 4658.6, Labor Code.Authority cited: Sections 133, 138.3, 139.6, 3550 and 5307.3, Labor Code. Reference: Sections 3550, 4600, 4601, 4603, 4604.5, 4616, 4658.5 and 4658.6, Labor Code.
s 9882. Written Notice to Injured Employees; Pamphlet Contents.
Note: Authority cited: Sections 133, 138.3, 138.4, 139.6, and 5402, Labor Code. Reference: Sections 132(a), 139.5, 3600, 4600, 4601, 4650, 4658, 4700, 4701, 4702, 4703, 4401-4411 and 5400-5412, Labor Code.Authority cited: Sections 133, 138.3, 138.4, 139.6, and 5402, Labor Code. Reference: Sections 132(a), 139.5, 3600, 4600, 4601, 4650, 4658, 4700, 4701, 4702, 4703, 4401-4411 and 5400-5412, Labor Code.
s 9883. Publication of Information, Approval, Spanish Translation.
(a) Insurers, employers or private enterprises may prepare and publish for their use or sale the Notice to Employees poster and/or the Written Notice to New Employees required by this Article upon prior approval of the form and content by the Administrative Director. The Notice to Employees poster and/or Written Notice to New Employees may include a logotype. The addition only of a logotype to a previously approved Notice to Employees poster or Written Notice to New Employees does not require additional approval.
(1) Any published Written Notice to New Employees shall be available in English and Spanish and shall include the information specified in Section 9880.
(2) Any published Notice to Employees poster shall be available in English and Spanish, where there are Spanish-speaking employees, and shall include the information specified in Section 9881.
(b) All matter published subsequent to the effective date of this regulation shall indicate that the written informational material has been approved by the Administrative Director.
(c) Publications other than those of the Administrative Director or the Workers' Compensation Appeals Board may reflect the employer, private publisher or insurance carrier identifier or logotype.
Note: Authority cited: Sections 133, 139.6, 3550, 3551 and 5307, Labor Code. Reference: Sections 139.6, 3550 and 3551, Labor Code.Authority cited: Sections 133, 139.6, 3550, 3551 and 5307, Labor Code. Reference: Sections 139.6, 3550 and 3551, Labor Code.
s 9884. Exceptions.
The requirements of this article shall not apply to injuries where the employee files an application for adjudication of claim with the appeals board.
Note: Authority cited: Sections 138.4, Labor Code. Reference: Section 5402, Labor Code.
s 9885. U.S. Life Tables.
Note: Authority cited: Sections 127, 133, 138.2, 138.3, 139.5, 139.6, 4603.2, 4603.5, 5307.1, 5307.3, 5450-5455, Labor Code.
s 9900. Employer.
(a) Each employer shall notify the Administrative Director of the death of every employee, regardless of the cause of death, except where the employer has actual knowledge or notice that the deceased employee left a surviving minor child.
(b) Notification shall be made on the Division of Industrial Accidents Form 510, "Notice of Employee Death" (See Section 9910).
(c) The Notice of Employee Death shall be filed within 60 days of the employer's notice or knowledge of the employee death.
(d) The employer may forward the "Notice of Employee Death" to his workmen's compensation insurer for subsequent submission to the Administrative Director.
Note: Authority cited: Sections 133, 138.2, 138.3, 139.5, 139.6, 4603.2, 4603.5, 5307.1, 5307.3, 5450-5455, Labor Code.
s 9905. Notice.
If the Notice required in Section 9900 is incomplete or otherwise deficient, the Administrative Director may require a further explanation or additional information from the employer, or his insurance carrier.
s 9910. DIA Form 510: Notice of Employee Death.
s 9914. Reproduction of Form 510, Notice of Employee Death.
(a) Employers and insurers may reproduce DIA Form 510, in which the heading may be rearranged to permit printing of:
(1) The insurance carrier's or employer's name, address and telephone number.
(2) Instructions for forwarding the form and number of copies required.
(b) The spacing, arrangement, sequence or language shall not otherwise be altered.
s 9918. Service on Administrative Director.
The Notice of Employee Death, DIA Form 510, shall be mailed to the Administrative Director, Division of Industrial Accidents, P. O. Box 42400, San Francisco, California 94142.
This P. O. Box is to be used only for the notices required in Section 9900 and not for any other functions of the Administrative Director or Division of Industrial Accidents.
s 9920. Authority.
Note: Authority cited: Sections 127, 133, 138.2, 138.3, 139.5, 139.6, 4603.2, 4603.5, 5307.1, 5307.3, 5451-5454, Labor Code.
s 9921. Operative Date.
The provisions of this Article are effective immediately upon adoption.
s 9922. Purpose.
This Article is being adopted to implement Section 139.6 and Article 2.5 of Part 4 of Division 4 of the Labor Code by providing that the State, through the Division of Workers' Compensation, establish an affirmative impartial service to employees, employers, claims administrators, labor unions, medical providers, and all others subject to or interested in the workers' compensation laws of the State of California. This service shall be provided so that all such parties are informed of the provisions of the workers' compensation laws, that benefits due are paid promptly, that disputes and misunderstandings are resolved informally insofar as possible, and that premature and unnecessary litigation be minimized.
Note: Authority cited: Sections 133, 139.6, 5307.3 and 5450, Labor Code. Reference: Sections 5450-5455, Labor Code.
s 9923. Designation.
(a) Pursuant to Labor Code Section 139.6, the Administrative Director shall appoint a person or persons thoroughly familiar with the Workers' Compensation Program in California to be responsible for informing the general public, labor unions, employees, employers, claims administrators, medical providers and all other interested parties of the rights, benefits and obligations of the workers' compensation law, including the creation and existence of the Information and Assistance Program.
(b) In each district office of the Division of Workers' Compensation (Workers' Compensation Appeals Board) and at the Division headquarters the Administrative Director shall appoint an Information and Assistance Officer, and such Deputy Information and Assistance Officers as the work of the district office and headquarters may require. The Administrative Director shall provide office facilities and clerical support appropriate to the functions of such Information and Assistance Officer.
Note: Authority cited: Sections 133, 139.6, 5307.3 and 5450, Labor Code. Reference: Sections 5450-5455, Labor Code.
s 9924. Scope of Duties.
Each Information and Assistance Officer shall be responsible for the performance of the following duties: (continued)