PART 4. COMPENSATION PROCEEDINGS [5300. - 6002.]
Part 4 enacted by Stats. 1937, Ch. 90.
§§ 5300–6002 · 138 sections
CHAPTER 1. Jurisdiction §§ 5300–5317 · 32 sections
- § 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…
- § 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…
- § 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,…
- § 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,…
- § 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…
- § 5305 The Division of Workers’ Compensation, including the administrative director, and the appeals board have jurisdiction over all controversies arising out of…
- § 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…
- § 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)…
- § 5307.1 (a) (1) The administrative director, after public hearings, shall adopt and revise periodically an official medical fee schedule that shall establish…
- § 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…
- § 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…
- § 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…
- § 5307.27 (a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 5307.8 (a) Notwithstanding Section 5307.1, the administrative director shall adopt, after public hearings, a schedule for payment of home health care services…
- § 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,…
- § 5308 The appeals board has jurisdiction to determine controversies arising out of insurance policies issued to self-employing persons, conferring benefits identical…
- § 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…
- § 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…
- § 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…
- § 5311.5 The administrative director shall require all workers’ compensation administrative law judges to participate in continuing education to further their abilities…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
CHAPTER 2. Limitations of Proceedings §§ 5400–5413 · 21 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2.3. Workers’ Compensation—Truth in Advertising §§ 5430–5434 · 5 sections
- § 5430 This chapter shall be known and may be cited as the Workers’ Compensation Truth in Advertising Act of 1992.
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2.5. Administrative Assistance §§ 5450–5455 · 5 sections
- § 5450 The Division of Workers’ Compensation shall make available to employees, employers and other interested parties information, assistance, and advice to assure…
- § 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…
- § 5453 After consideration of the information submitted, including the reports of any bureau or unit within the Division of Workers’ Compensation which have been…
- § 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…
- § 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,…
CHAPTER 3. Applications and Answers §§ 5500–5507 · 14 sections
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 5503 The person so applying shall be known as the applicant and the adverse party shall be known as the defendant.
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 4. Attachments §§ 5600–5603 · 4 sections
- § 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,…
- § 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…
- § 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…
- § 5603 In levying attachments preference shall be given to the real property of the employer.
CHAPTER 5. Hearings §§ 5700–5710 · 12 sections
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
CHAPTER 6. Findings and Awards §§ 5800–5816 · 22 sections
- § 5800 All awards of the appeals board either for the payment of compensation or for the payment of death benefits, shall carry interest at the same rate as judgments…
- § 5800.5 The 30-day period specified in Section 5313, shall run from the date of the submission of the application for decision and the provisions requiring the…
- § 5801 The appeals board in its award may fix and determine the total amount of compensation to be paid and specify the manner of payment, or may fix and determine…
- § 5802 If, in any proceeding under this division, it is proved that an injury has been suffered for which the employer would be liable to pay compensation if…
- § 5803 The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of this division, and the…
- § 5803.5 Any conviction pursuant to Section 1871.4 of the Insurance Code that materially affects the basis of any order, decision, or award of the appeals board shall…
- § 5804 No award of compensation shall be rescinded, altered, or amended after five years from the date of the injury except upon a petition by a party in interest…
- § 5805 Any order, decision, or award rescinding, altering or amending a prior order, decision, or award shall have the effect herein provided for original orders,…
- § 5806 Any party affected thereby may file a certified copy of the findings and order, decision, or award of the appeals board with the clerk of the superior court of…
- § 5807 The certified copy of the findings and order, decision, or award of the appeals board and a copy of the judgment constitute the judgment-roll. The pleadings,…
- § 5808 The appeals board or a member thereof may stay the execution of any judgment entered upon an order, decision, or award of the appeals board, upon good cause…
- § 5809 When a judgment is satisfied in fact, otherwise than upon an execution, the appeals board may, upon motion of either party or of its own motion, order the…
- § 5810 The orders, findings, decisions, or awards of the appeals board made and entered under this division may be reviewed by the courts specified in Sections 5950…
- § 5811 (a) No fees shall be charged by the clerk of any court for the performance of any official service required by this division, except for the docketing of…
- § 5813 (a) The workers’ compensation referee or appeals board may order a party, the party’s attorney, or both, to pay any reasonable expenses, including attorney’s…
- § 5814 (a) When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the payment…
- § 5814.1 When the payment of compensation has been unreasonably delayed or refused prior to the issuance of an award, and the director has provided discretionary…
- § 5814.3 (a) Notwithstanding Section 5814, when liability has been unreasonably rejected for claims of injury or illness as defined in Sections 3212 to 3213.2,…
- § 5814.5 When the payment of compensation has been unreasonably delayed or refused subsequent to the issuance of an award by an employer that has secured the payment of…
- § 5814.6 (a) Any employer or insurer that knowingly violates Section 5814 with a frequency that indicates a general business practice is liable for administrative…
- § 5815 Every order, decision or award, other than an order merely appointing a trustee or guardian, shall contain a determination of all issues presented for…
- § 5816 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…
CHAPTER 7. Reconsideration and Judicial Review §§ 5900–6002 · 23 sections
ARTICLE 1. Reconsideration §§ 5900–5911 · 13 sections
- § 5900 (a) Any person aggrieved directly or indirectly by any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge…
- § 5901 No cause of action arising out of any final order, decision or award made and filed by the appeals board or a workers’ compensation judge shall accrue in any…
- § 5902 The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or…
- § 5903 At any time within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge…
- § 5904 The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the…
- § 5905 A copy of the petition for reconsideration shall be served forthwith upon all adverse parties by the person petitioning for reconsideration. Any adverse party…
- § 5906 Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further…
- § 5907 If, at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony,…
- § 5908 (a) After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order,…
- § 5908.5 Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings,…
- § 5909 (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge…
- § 5910 The filing of a petition for reconsideration shall suspend for a period of 10 days the order, decision, or award affected, insofar as it applies to the parties…
- § 5911 Nothing contained in this article shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting…
ARTICLE 2. Judicial Review §§ 5950–5956 · 7 sections
- § 5950 Any person affected by an order, decision, or award of the appeals board may, within the time limit specified in this section, apply to the Supreme Court or to…
- § 5951 The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its…
- § 5952 The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether:…
- § 5953 The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall…
- § 5954 The provisions of the Code of Civil Procedure relating to writs of review shall, so far as applicable, apply to proceedings in the courts under the provisions…
- § 5955 No court of this state, except the Supreme Court and the courts of appeal to the extent herein specified, has jurisdiction to review, reverse, correct, or…
- § 5956 The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, decision, or award of…
ARTICLE 3. Undertaking on Stay Order §§ 6000–6002 · 3 sections
- § 6000 The operation of any order, decision, or award of the appeals board under the provisions of this division or any judgment entered thereon, shall not at any…
- § 6001 The undertaking shall provide that: (a) The petitioner and sureties are bound in double the amount named in such order, decision, or award. (b) If the order,…
- § 6002 The undertaking shall be filed with the appeals board. The certificate of the appeals board, or any proper officer thereof, of the filing and approval of such…