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Resources

Welcome to the Resources Section. Here you will find a plethora of original materials as referenced in the print edition.

All Categories  >  Legislation (22)
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Resources:
2001 California Workers' Compensation Legislation
The following legislation was signed into law by Governor Davis prior to the October 14, 2001 deadline and will take effect January 1, 2002.
Abstract of Administrative Rules, Title 8, Section 9787

California Code of Regulations, Title 8, Section 9787. Appeal from Administrative Directo.. Page 1 of 1 ...\California Code of Regulations, Title 8, Section 9787_ Appeal from Administrative Director's O2/9/01 Chapter 4.5. Division of Workers' Compensation Subchapter 1. Administrative Director--Administrative Rules Arti

Abstract of Administrative Rules, Title 8, Section 9785.

California Code of Regulations, Title 8, Section 9785. Duties of the Employee-Selected Ph.. Page 1 of 3 ...\California Code of Regulations, Title 8, Section 9785_ Duties of the Employee-Selected Physici2/9/01 Chapter 4.5. Division of Workers' Compensation Subchapter 1. Administrative Director--Administrative Rules Arti

Abstract of Administrative Rules, Title 8, Section 9786 Petition for Order Requiring Employee to select employer designated physician.

California Code of Regulations, Title 8, Section 9786. Employer's Petition for Order Requi.. Page 1 of 3 ...\California Code of Regulations, Title 8, Section 9786_ Employer's Petition for Order Requiring 2/9/01 Chapter 4.5. Division of Workers' Compensation Subchapter 1. Administrative Director--Administrative Rules Ar

Workers' Compensation Insurance: AB 87
AB 87 (Bogh) This bill would add Labor Code 4352.5 and would establish the Workers Compensation for Disaster Service Workers Fund that would provide funds for the purpose of furnishing workers compensation to disaster service workers and their dependents.
Workers' Compensation Insurance: SB 228
SB 228 (Alarcon) This bill would amend various Labor Code sections and would require the funding methodology for the administration of the workers compensation program be altered so that employer assessments account for a greater proportion of the funding than appropriations from the General Fund and a sufficient portion of these funds shall be dedicated to implement the fraudulent claims reporting and medical fee schedule reporting provisions contained in the bill. The bill would require the Administrative Director to develop procedures to receive and review reports of medical billing fraud and report these violations of law. This bill also would delete some existing fee schedule requirements and would, instead, prohibit charges under the official medical fee schedule from exceeding 120 percent of the fee prescribed fro the same item in the applicable Medicare payment system, or, with regard to pharmacy services and drugs, 100 percent of the fee prescribed by the applicable Medi-Cal payment system. This bill also would reduce the period of time for payment to a physician for medical treatment of injured workers to 45 days. The bill would provide that if liability is not rejected by the employer within 60 days after the date a claim for workers compensation benefits is filed by the employee, the injury shall be presumed compensable.
Workers' Compensation Insurance: AB 1215
AB 1215 (Vargas) This bill would add Insurance Code 11861 and would require State Compensation Insurance Fund in consultation with the Employment Development Department to develop a program that allows insurers offering workers compensation insurance to have access to quarterly wage and withholding reports filed with the department for the purpose of confirming payroll reported to the insurer for premium calculations. The bill would require that the program place specified restrictions on employer access to and use of this information, and would further require that State Fund impose a user fee on admitted workers compensation insurers in an amount sufficient to pay the costs of the program.
Workers' Compensation Insurance: AB 1262
AB 1262 (Matthews) This bill would add Article 5 to the Insurance Code and would require the Insurance Commissioner to adopt regulations setting forth the minimum standards of training, experience and skill that workers compensation adjusters must possess. The bill would require every workers compensation insurer to certify to the commissioner that the personnel employed by the insurer to adjust workers compensation claims, or employed for that purpose by a medical billing entity, meet minimum standards.
Physicians and Medical Treatment: SB 757
SB 757 (Poochigian) This bill would add Labor Code 5307.27 and would require the Administrative Director by July 1, 2004, to adopt an official utilization schedule, which shall be based on prescribed findings and recommendations that specifies utilization guidelines and protocols for purposes of workers compensation law.
Physicians and Medical Treatment: SB 867
SB 867 (Burton) This will would amend Labor Code 139.2 and 3209.3 and would authorize the Industrial Medical Council to appoint an acupuncturist as a qualified medical evaluator and would delete the provision of the existing law that states the inclusion of acupuncturists in the definition of physician shall not be construed to authorize acupuncturists to determine disability under specified provision of the workers compensation law or the law providing for nonindustrial disability.
Physicians and Medical Treatment: SB 354
SB 354 (Speier) This bill would amend various sections of the Labor Code and would add section 4600.2. The bill would preclude an insurer from insuring an employer for more than 15 one-hour visits to a chropractor by an employee in connection with any claim made under the policy, unless the employee has obtained the approval of a physician for additional visits. The bill would provide that an employer is not required to provide, and is not liable for, more than 15 of these visits without physician approval.
Physicians and Medical Treatment: AB 1483
AB 1483 (Richman and Daucher) This bill would add various subsections to Labor Code 139.7 and would require every physician who treats and evaluates injured workers, on or after January 1, 2006 to be certified by the Industrial Medical Council as a Qualified Workers Compensation Physician (QWCP). It would exempt physicians who are qualified medical evaluators from the QWCP certification requirement and would authorize the IMC to waive this requirement under certain conditions. The bill would require the Administrative Director by Jan. 1, 2005 to establish a mandatory annual training program for persons in the Disability Evaluation Unit within the Division of Workers Compensation who determine permanent disability ratings for injured workers. The bill would require the Administrative Director by Jan. 1, 2005 to establish a mandatory annual insurance claim administrator training program for any person who is the primary handler of workers compensation claims for an injured worker.
Physicians and Medical Treatment: AB 1579
AB 1579 (Cogdill and Richman) This bill would amend Labor Code 139.3 and would extend the provisions of Labor Code relating to referral of patients to an entity in which the physician or his or her immediate family has a financial interest to a physician referring a patient for outpatient surgery goods or services.
Workers Compensation Benefits: AB 968
AB 968 (Correa) This bill would add Labor Code 3600.7 and would provide that any adverse reaction, injury, disability or death incurred by an employee, as a result of a vaccination or medication that is administered to prevent the transmission of, infection by, or exposure to, a biochemical substance, or bloodborne infectious disease shall be deemed to have arisen out of and in the course of employment for purposes of workers compensation benefits.
Workers Compensation Benefits: AB 1643
AB 1643 (Ridley-Thomas) This bill would amend Labor Code 2750.5, 3357, 4157 and 5705. Under existing law there is a rebuttable presumption that a worker is an employee, and not an independent contractor for various purposes in employment law relating to workers compensation. This bill would establish a new category of workers, contract service providers, if specified criteria are satisfied.
Workers Compensation Benefits: AB 572
AB 572 (Lee) This bill would amend various sections of the Labor Code and would provide standards and establish time limits for the Labor Commissioners investigation and decision relating to complaints of unlawful employment practices.
Workers Compensation Benefits: AB 274
AB 274 (Koretz) This bill would add Labor Code 1182.9 and would create a rebuttable presumption that an adverse employment action taken within 90 days after an employee exercises his or her employment rights is retaliatory, unless there is clear and convincing evidence that the employee made up the claim to prevent the employer from taking adverse employment action. This presumption would not apply to the criminal penalty for retaliation.
Workers Compensation Benefits: AB 1582
AB 1582 (Koretz) This bill would add Part 12 to Division 5 of the Labor Code relating to employment and would make it an unlawful employment practice to subject an employee to an abusive work environment and would specify that an employer is vicariously liable for a violation committed by its employee, but would prescribe certain affirmative defenses. The bill would specify that it is enforceable solely by a private right of action, would authorize injunctive relief and would limit an employers liability for emotional distress to $25,000 where the unlawful employment practice does not result in a negative employment decision.
Workers Compensation Benefits: AB 1580
AB 1580 (Cogdill and Dutton) This bill would amend various Labor and Penal Code sections to exclude from the definition of employee for purpose of workers compensation certain persons confined in county or city jail, regardless of whether the services performed are on a voluntary or involuntary basis.
Workers Compensation Benefits: SB 714
SB 714 (Battin) This bill would add Labor Code 5705.1 and is very similar to AB 1481 but does not contain the provision prohibiting the payment of permanent disability and death benefits unless the industrial injury has contributed at least 10% to the cause of death or disability when compared to all causes of injury in total.
Workers Compensation Benefits: AB 1324
AB 1324 (Steinberg) This bill would add Labor Code 3212.86 and would provide that if a person who is a specified state or local firefighting, law enforcement, or patrol member sustains an injury that meets the definition of a bloodborne infectious disease, and a dependent of that person, contracts the bloodborne infectious disease from that person, the dependent may elect to receive compensation under the workers compensation law, for the duration of the disease, for all medically necessary health care costs associated with the disease. The election would constitute the sole and exclusive remedy of the dependent against the employer and the dependent may not bring a civil action against the employer for damages.
Workers Compensation Benefits: AB 136
AB 136 (Kehoe) This bill would add Labor Code 4850.2 and would provide that police officers, sheriffs, or fire-fighters are entitled to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of employment, for the period of disability, not exceeding 2 years.