California Labor Code CHAPTER 5 - Division of Workers’ Compensation

  • Section 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) “Administrative director” means the...
  • Section 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, the...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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 of...
  • Section 117.
      The administrative director may appoint an attorney licensed to practice law in the state as counsel to the division.(Amended by Stats. 1989, Ch. 892, Sec.
  • Section 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 arising under...
  • Section 120.
      The administrative director and the chairman of the appeals board may each respectively appoint a secretary and assistant secretaries to perform such services as shall...
  • Section 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...
  • Section 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 Section 2000) of...
  • Section 123.
      The administrative director may employ necessary assistants, officers, experts, statisticians, actuaries, accountants, workers’ compensation administrative law judges, stenographic shorthand reporters, legal secretaries, disability evaluation raters,...
  • Section 123.3.
      Any official reporter employed by the administrative director shall render stenographic or clerical assistance as directed by the presiding workers’ compensation administrative law judge of...
  • Section 123.5.
      (a) Workers’ compensation administrative law judges employed by the administrative director shall be taken from an eligible list of attorneys licensed to practice law in this...
  • Section 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 Supreme Court pursuant...
  • Section 123.7.
      The appeals board may, by rule or regulation, establish procedures whereby attorneys who are either certified specialists in workers’ compensation by the California State Bar,...
  • Section 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 are entitled...
  • Section 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...
  • Section 126.
      The Division of Workers’ Compensation, including the administrative director and the appeals board, shall keep minutes of all their proceedings and other books or records...
  • Section 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 documents and...
  • Section 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 Worker’s Compensation...
  • Section 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...
  • Section 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 following:(1) Failure to comply with the...
  • Section 130.
      The appeals board and each of its members, its secretary, assistant secretaries, and workers’ compensation judges, may administer oaths, certify to all official acts, and...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 133.
      The Division of Workers’ Compensation, including the administrative director and the appeals board, shall have power and jurisdiction to do all things necessary or convenient...
  • Section 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...
  • Section 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...
  • Section 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.(Amended...
  • Section 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...
  • Section 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 have an office...
  • Section 138.3.
      The administrative director shall, with respect to all injuries, prescribe, pursuant to Section 5402, reasonable rules and regulations requiring the employer to serve notice on...
  • Section 138.4.
      (a) For the purpose of this section, “claims administrator” means a self-administered workers’ compensation insurer; or a self-administered self-insured employer; or a self-administered legally uninsured employer;...
  • Section 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 Services, the...
  • Section 138.6.
      (a) The administrative director, in consultation with the Insurance Commissioner and the Workers’ Compensation Insurance Rating Bureau, shall develop a cost-efficient workers’ compensation information system, which...
  • Section 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...
  • Section 139.2.
      (a) The administrative director shall appoint qualified medical evaluators in each of the respective specialties as required for the evaluation of medical-legal issues. The appointments shall...
  • Section 139.21.
      (a) (1) The administrative director shall promptly suspend, pursuant to subdivision (b), any physician, practitioner, or provider from participating in the workers’ compensation system as a physician,...
  • Section 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...
  • Section 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...
  • Section 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 the following:(A) Any type of...
  • Section 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 qualified medical evaluators...
  • Section 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, distributed, or broadcast...
  • Section 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 with respect to industrial injuries...
  • Section 139.47.
      The Director of Industrial Relations shall establish and maintain a program to encourage, facilitate, and educate employers to provide early and sustained return to work...
  • Section 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 derived from non-General Funds...
  • Section 139.5.
      (a) (1) The administrative director shall contract with one or more independent medical review organizations and one or more independent bill review organizations to conduct reviews pursuant...
  • Section 139.6.
      (a) The administrative director shall establish and effect within the Division of Workers’ Compensation a continuing program to provide information and assistance concerning the rights, benefits,...

Last modified: October 5, 2018