CHAPTER 5. Division of Workers’ Compensation [110. - 139.6.]

Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5.

§§ 110–139.6 · 53 sections

§ 110 As used in this chapter: (a) “Appeals board” means the Workers’ Compensation Appeals Board. The title of a member of the board is “commissioner.” (b)…
§ 110.5 For the purpose of this chapter and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation…
§ 111 The Workers’ Compensation Appeals Board, consisting of seven members, shall exercise all judicial powers vested in it under this code. In all other respects,…
§ 112 The members of the appeals board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members appointed…
§ 113 The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of…
§ 115 Actions of the appeals board shall be taken by decision of a majority of the appeals board except as otherwise expressly provided. The chairman shall assign…
§ 116 The seal of the appeals board bearing the inscription “Workers’ Compensation Appeals Board, Seal” shall be affixed to all writs and authentications of copies…
§ 117 The administrative director may appoint an attorney licensed to practice law in the state as counsel to the division.
§ 119 The attorney shall: (a) Represent and appear for the state and the Division of Workers’ Compensation and the appeals board in all actions and proceedings…
§ 120 The administrative director and the chairman of the appeals board may each respectively appoint a secretary and assistant secretaries to perform such services…
§ 121 The chairman of the appeals board may authorize its secretary and any two assistant secretaries to act as deputy appeals board members and may delegate…
§ 122 The administrative director shall appoint a medical director who shall possess a physician’s and surgeon’s certificate granted under Chapter 5 (commencing with…
§ 123 The administrative director may employ necessary assistants, officers, experts, statisticians, actuaries, accountants, workers’ compensation administrative law…
§ 123.3 Any official reporter employed by the administrative director shall render stenographic or clerical assistance as directed by the presiding workers’…
§ 123.5 (a) Workers’ compensation administrative law judges employed by the administrative director shall be taken from an eligible list of attorneys licensed to…
§ 123.6 (a) All workers’ compensation administrative law judges employed by the administrative director shall subscribe to the Code of Judicial Ethics adopted by the…
§ 123.7 The appeals board may, by rule or regulation, establish procedures whereby attorneys who are either certified specialists in workers’ compensation by the…
§ 124 (a) In administering and enforcing this division and Division 4 (commencing with Section 3200), the division shall protect the interests of injured workers who…
§ 125 The administrative director shall cause to be printed and furnished free of charge to any person blank forms that may facilitate or promote the efficient…
§ 126 The Division of Workers’ Compensation, including the administrative director and the appeals board, shall keep minutes of all their proceedings and other books…
§ 127 The administrative director may do all of the following: (a) Charge and collect fees for copies of papers and records, for certified copies of official…
§ 127.1 (a) The administrative director, with input from the Commission on Health and Safety and Workers’ Compensation, shall issue a report to the Legislature, on or…
§ 128 The appeals board may accept appointment as deputy commissioner under, or any delegation of authority to enforce, the United States Longshoremen’s and Harbor…
§ 129 (a) To make certain that injured workers, and their dependents in the event of their death, receive promptly and accurately the full measure of compensation to…
§ 129.5 (a) The administrative director may assess an administrative penalty against an insurer, self-insured employer, or third-party administrator for any of the…
§ 130 The appeals board and each of its members, its secretary, assistant secretaries, and workers’ compensation judges, may administer oaths, certify to all…
§ 131 Each witness who appears by order of the appeals board or any of its members, or a workers’ compensation judge, shall receive, if demanded, for his or her…
§ 132 The superior court in and for the county in which any proceeding is held by the appeals board or a workers’ compensation judge may compel the attendance of…
§ 132a It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.…
§ 133 The Division of Workers’ Compensation, including the administrative director and the appeals board, shall have power and jurisdiction to do all things…
§ 134 The appeals board or any member thereof may issue writs or summons, warrants of attachment, warrants of commitment and all necessary process in proceedings for…
§ 135 In accordance with rules of practice and procedure that it may adopt, the appeals board may, with the approval of the Secretary of State, destroy or otherwise…
§ 138 The administrative director may appoint a deputy to act when he or she is absent from the state due to official business, vacation, or illness.
§ 138.1 The administrative director shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure of the Governor.
§ 138.2 (a) The headquarters of the Division of Workers’ Compensation shall be based at and operated from a centrally located city. The administrative director shall…
§ 138.3 The administrative director shall, with respect to all injuries, prescribe, pursuant to Section 5402, reasonable rules and regulations requiring the employer…
§ 138.4 (a) For the purpose of this section, “claims administrator” means a self-administered workers’ compensation insurer; or a self-administered self-insured…
§ 138.5 The Division of Workers’ Compensation shall cooperate in the enforcement of child support obligations. At the request of the Department of Child Support…
§ 138.6 (a) The administrative director, in consultation with the Insurance Commissioner and the Workers’ Compensation Insurance Rating Bureau, shall develop a…
§ 138.7 (a) Except as expressly permitted in subdivision (b), a person or public or private entity not a party to a claim for workers’ compensation benefits shall not…
§ 138.8 (a) On or before January 1, 2024, and annually thereafter, the administrative director shall publish on the division’s internet website provider utilization…
§ 139.2 (a) The administrative director shall appoint qualified medical evaluators in each of the respective specialties as required for the evaluation of…
§ 139.21 (a) (1) The administrative director shall promptly suspend, pursuant to subdivision (b), any physician, practitioner, or provider from participating in the…
§ 139.3 (a) Notwithstanding any other law, to the extent those services are paid pursuant to Division 4 (commencing with Section 3200), it is unlawful for a physician…
§ 139.31 The prohibition of Section 139.3 shall not apply to or restrict any of the following: (a) A physician may refer a patient for a good or service otherwise…
§ 139.32 (a) For the purpose of this section, the following definitions apply: (1) “Financial interest in another entity” means, subject to subdivision (h), either of…
§ 139.4 (a) The administrative director may review advertising copy to ensure compliance with Section 651 of the Business and Professions Code and may require…
§ 139.43 (a) No person or entity shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published,…
§ 139.45 (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements…
§ 139.47 The Director of Industrial Relations shall establish and maintain a program to encourage, facilitate, and educate employers to provide early and sustained…
§ 139.48 (a) There is in the department a return-to-work program administered by the director, funded by one hundred twenty million dollars ($120,000,000) annually…
§ 139.5 (a) (1) The administrative director shall contract with one or more independent medical review organizations and one or more independent bill review…
§ 139.6 (a) The administrative director shall establish and effect within the Division of Workers’ Compensation a continuing program to provide information and…