California Labor Code 4900-6208

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4900.  No claim for compensation, except as provided in Section 96,
is assignable before payment, but this provision does not affect the
survival thereof.


4901.  No claim for compensation nor compensation awarded, adjudged,
or paid, is subject to be taken for the debts of the party entitled
to such compensation except as hereinafter provided.



4902.  No compensation, whether awarded or voluntarily paid, shall
be paid to any attorney at law or in fact or other agent, but shall
be paid directly to the claimant entitled thereto unless otherwise
ordered by the appeals board. No payment made to an attorney at law
or in fact or other agent in violation of this section shall be
credited to the employer.



4903.  The appeals board may determine, and allow as liens against
any sum to be paid as compensation, any amount determined as
hereinafter set forth in subdivisions (a) through (i). If more than
one lien is allowed, the appeals board may determine the priorities,
if any, between the liens allowed. The liens that may be allowed
hereunder are as follows:
   (a) A reasonable attorney's fee for legal services pertaining to
any claim for compensation either before the appeals board or before
any of the appellate courts, and the reasonable disbursements in
connection therewith. No fee for legal services shall be awarded to
any representative who is not an attorney, except with respect to
those claims for compensation for which an application, pursuant to
Section 5501, has been filed with the appeals board on or before
December 31, 1991, or for which a disclosure form, pursuant to
Section 4906, has been sent to the employer, or insurer or
third-party administrator, if either is known, on or before December
31, 1991.
   (b) The reasonable expense incurred by or on behalf of the injured
employee, as provided by Article 2 (commencing with Section 4600)
and, to the extent the employee is entitled to reimbursement under
Section 4621, medical-legal expenses as provided by Article 2.5
(commencing with Section 4620) of Chapter 2 of Part 2.
   (c) The reasonable value of the living expenses of an injured
employee or of his or her dependents, subsequent to the injury.
   (d) The reasonable burial expenses of the deceased employee, not
to exceed the amount provided for by Section 4701.
   (e) The reasonable living expenses of the spouse or minor children
of the injured employee, or both, subsequent to the date of the
injury, where the employee has deserted or is neglecting his or her
family. These expenses shall be allowed in the proportion that the
appeals board deems proper, under application of the spouse, guardian
of the minor children, or the assignee, pursuant to subdivision (a)
of Section 11477 of the Welfare and Institutions Code, of the spouse,
a former spouse, or minor children. A collection received as a
result of a lien against a workers' compensation award imposed
pursuant to this subdivision for payment of child support ordered by
a court shall be credited as provided in Section 695.221 of the Code
of Civil Procedure.
   (f) The amount of unemployment compensation disability benefits
that have been paid under or pursuant to the Unemployment Insurance
Code in those cases where, pending a determination under this
division there was uncertainty whether the benefits were payable
under the Unemployment Insurance Code or payable hereunder; provided,
however, that any lien under this subdivision shall be allowed and
paid as provided in Section 4904.
   (g) The amount of unemployment compensation benefits and extended
duration benefits paid to the injured employee for the same day or
days for which he or she receives, or is entitled to receive,
temporary total disability indemnity payments under this division;
provided, however, that any lien under this subdivision shall be
allowed and paid as provided in Section 4904.
   (h) The amount of family temporary disability insurance benefits
that have been paid to the injured employee pursuant to the
Unemployment Insurance Code for the same day or days for which that
employee receives, or is entitled to receive, temporary total
disability indemnity payments under this division, provided, however,
that any lien under this subdivision shall be allowed and paid as
provided in Section 4904.
   (i) The amount of indemnification granted by the California
Victims of Crime Program pursuant to Article 1 (commencing with
Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code.
   (j) The amount of compensation, including expenses of medical
treatment, and recoverable costs that have been paid by the Asbestos
Workers' Account pursuant to the provisions of Chapter 11 (commencing
with Section 4401) of Part 1.



4903.1.  (a) The appeals board, arbitrator, or settlement conference
referee, before issuing an award or approval of any compromise of
claim, shall determine, on the basis of liens filed with it pursuant
to subdivision (b) or (c), whether any benefits have been paid or
services provided by a health care provider, a health care service
plan, a group disability policy, including a loss of income policy, a
self-insured employee welfare benefit plan, or a hospital service
contract, and its award or approval shall provide for reimbursement
for benefits paid or services provided under these plans as follows:
   (1) When the referee issues an award finding that an injury or
illness arises out of and in the course of employment, but denies the
applicant reimbursement for self-procured medical costs solely
because of lack of notice to the applicant's employer of his need for
hospital, surgical, or medical care, the appeals board shall
nevertheless award a lien against the employee's recovery, to the
extent of benefits paid or services provided, for the effects of the
industrial injury or illness, by a health care provider, a health
care service plan, a group disability policy, a self-insured employee
welfare benefit plan, or a hospital service contract.
   (2) When the referee issues an award finding that an injury or
illness arises out of and in the course of employment, and makes an
award for reimbursement for self-procured medical costs, the appeals
board shall allow a lien, to the extent of benefits paid or services
provided, for the effects of the industrial injury or illness, by a
health care provider, a health care service plan, a group disability
policy, a self-insured employee welfare benefit plan, or a hospital
service contract. For purposes of this paragraph, benefits paid or
services provided by a self-insured employee welfare benefit plan
shall be determined notwithstanding the official medical fee schedule
adopted pursuant to Section 5307.1.
   (3) When the referee issues an award finding that an injury or
illness arises out of and in the course of employment and makes an
award for temporary disability indemnity, the appeals board shall
allow a lien as living expense under Section 4903, for benefits paid
by a group disability policy providing loss of time benefits. Such
lien shall be allowed to the extent that benefits have been paid for
the same day or days for which temporary disability indemnity is
awarded and shall not exceed the award for temporary disability
indemnity. No lien shall be allowed hereunder unless the group
disability policy provides for reduction, exclusion, or coordination
of loss of time benefits on account of workers' compensation
benefits.
   (4) When the parties propose that the case be disposed of by way
of a compromise and release agreement, in the event the lien
claimant, other than a health care provider, does not agree to the
amount allocated to it, then the referee shall determine the
potential recovery and reduce the amount of the lien in the ratio of
the applicant's recovery to the potential recovery in full
satisfaction of its lien claim.
   (b) When a compromise of claim or an award is submitted to the
appeals board, arbitrator, or settlement conference referee for
approval, the parties shall file with the appeals board, arbitrator,
or settlement conference referee any liens served on the parties.
   (c) Any lien claimant under Section 4903 or this section shall
file its lien with the appeals board in writing upon a form approved
by the appeals board. The lien shall be accompanied by a full
statement or itemized voucher supporting the lien and justifying the
right to reimbursement and proof of service upon the injured worker,
or if deceased, upon the worker's dependents, the employer, the
insurer, and the respective attorneys or other agents of record.
   (d) The appeals board shall file liens required by subdivision (c)
immediately upon receipt. Numbers shall be assigned pursuant to
subdivision (c) of Section 5500.
   (e) The changes made to this section by Senate Bill 457 of the
2011-12 Regular Session do not modify in any way the rights or
obligations of the following:
   (1) Any health care provider to file and prosecute a lien pursuant
to subdivision (b) of Section 4903.
   (2) A payor to conduct utilization review pursuant to Section
4610.
   (3) Any party in complying with the requirements under Section
4903.


4903.2.  Where a lien claimant is reimbursed pursuant to subdivision
(f) or (g) of Section 4903 or Section 4903.1, for benefits paid or
services provided, the appeals board may award an attorney's fee to
the applicant's attorney out of the lien claimant's recovery if the
appeals board determines that all of the following occurred:
   (a) The lien claimant received notice of all hearings following
the filing of the lien and received notice of intent to award the
applicant's attorney a fee.
   (b) An attorney or other representative of the lien claimant did
not participate in the proceedings before the appeals board with
respect to the lien claim.
   (c) There were bona fide issues respecting compensability, or
respecting allowability of the lien, such that the services of an
attorney were reasonably required to effectuate recovery on the claim
of lien and were instrumental in effecting the recovery.
   (d) The case was not disposed of by compromise and release.
   The amount of the attorney's fee out of the lien claimant's
recovery shall be based on the extent of applicant's attorney's
efforts on behalf of the lien claimant. The ratio of the amount of
the attorney's fee awarded against the lien claimant's recovery to
that recovery shall not exceed the ratio of the amount of the
attorney's fee awarded against the applicant's award to that award.




4903.3.  The director, as administrator of the Uninsured Employers
Fund, may, in his discretion, provide compensation, including medical
treatment, from the Uninsured Employers Fund in cases to which the
director is a party before the issuance of any award, if such
compensation is not being provided to the applicant.
   The appeals board shall determine and allow as a first lien
against any sum to be paid as compensation the amount of
compensation, including the cost of medical treatment, provided by
the director pursuant to this section.



4903.4.  When a dispute arises concerning a lien for expenses
incurred by or on behalf of the injured employee as provided by
Article 2 (commencing with Section 4600) of Chapter 2 of Part 2, the
appeals board may resolve the dispute in a separate proceeding, which
may include binding arbitration upon agreement of the employer, lien
claimant, and the employee, if the employee remains a party to the
dispute, according to the rules of practice and procedure.



4903.5.  (a) No lien claim for expenses as provided in subdivision
(b) of Section 4903 may be filed after six months from the date on
which the appeals board or a workers' compensation administrative law
judge issues a final decision, findings, order, including an order
approving compromise and release, or award, on the merits of the
claim, after five years from the date of the injury for which the
services were provided, or after one year from the date the services
were provided, whichever is later.
   (b) Notwithstanding subdivision (a), any health care provider,
health care service plan, group disability insurer, employee benefit
plan, or other entity providing medical benefits on a nonindustrial
basis, may file a lien claim for expenses as provided in subdivision
(b) of Section 4903 within six months after the person or entity
first has knowledge that an industrial injury is being claimed.
   (c) The injured worker shall not be liable for any underlying
obligation if a lien claim has not been filed and served within the
allowable period. Except when the lien claimant is the applicant as
provided in Section 5501, a lien claimant shall not file a
declaration of readiness to proceed in any case until the
case-in-chief has been resolved.
   (d) This section shall not apply to civil actions brought under
the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part
2 of Division 7 of the Business and Professions Code), the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of
Division 7 of the Business and Professions Code), or the federal
Racketeer Influenced and Corrupt Organization Act (Chapter 96
(commencing with Section 1961) of Title 18 of the United States Code)
based on concerted action with other insurers that are not parties
to the case in which the lien or claim is filed.




4903.6.  (a) Except as necessary to meet the requirements of Section
4903.5, no lien claim or application for adjudication shall be filed
under subdivision (b) of Section 4903 until the expiration of one of
the following:
   (1) Sixty days after the date of acceptance or rejection of
liability for the claim, or expiration of the time provided for
investigation of liability pursuant to subdivision (b) of Section
5402, whichever date is earlier.
   (2) The time provided for payment of medical treatment bills
pursuant to Section 4603.2.
   (3) The time provided for payment of medical-legal expenses
pursuant to Section 4622.
   (b) No declaration of readiness to proceed shall be filed for a
lien under subdivision (b) of Section 4903 until the underlying case
has been resolved or where the applicant chooses not to proceed with
his or her case.
   (c) The appeals board shall adopt reasonable regulations to ensure
compliance with this section, and shall take any further steps as
may be necessary to enforce the regulations, including, but not
limited to, impositions of sanctions pursuant to Section 5813.
   (d) The prohibitions of this section shall not apply to lien
claims, applications for adjudication, or declarations of readiness
to proceed filed by or on behalf of the employee, or to the filings
by or on behalf of the employer.


4904.  (a) If notice is given in writing to the insurer, or to the
employer if uninsured, setting forth the nature and extent of any
claim that is allowable as a lien, the claim is a lien against any
amount thereafter payable as compensation, subject to the
determination of the amount and approval of the lien by the appeals
board. When the Employment Development Department has served an
insurer or employer with a lien claim, the insurer or employer shall
notify the Employment Development Department, in writing, as soon as
possible, but in no event later than 15 working days after commencing
disability indemnity payments. When a lien has been served on an
insurer or an employer by the Employment Development Department, the
insurer or employer shall notify the Employment Development
Department, in writing, within 10 working days of filing an
application for adjudication, a stipulated award, or a compromise and
release with the appeals board.
   (b) (1) In determining the amount of lien to be allowed for
unemployment compensation disability benefits under subdivision (f)
of Section 4903, the appeals board shall allow the lien in the amount
of benefits which it finds were paid for the same day or days of
disability for which an award of compensation for any permanent
disability indemnity resulting solely from the same injury or illness
or temporary disability indemnity, or both, is made and for which
the employer has not reimbursed the Employment Development Department
pursuant to Section 2629.1 of the Unemployment Insurance Code.
   (2) In determining the amount of lien to be allowed for
unemployment compensation benefits and extended duration benefits
under subdivision (g) of Section 4903, the appeals board shall allow
the lien in the amount of benefits which it finds were paid for the
same day or days for which an award of compensation for temporary
total disability is made.
   (3) In determining the amount of lien to be allowed for family
temporary disability insurance benefits under subdivision (h) of
Section 4903, the appeals board shall allow the lien in the amount of
benefits that it finds were paid for the same day or days for which
an award of compensation for temporary total disability is made and
for which the employer has not reimbursed the Employment Development
Department pursuant to Section 2629.1 of the Unemployment Insurance
Code.
   (c) In the case of agreements for the compromise and release of a
disputed claim for compensation, the applicant and defendant may
propose to the appeals board, as part of the compromise and release
agreement, an amount out of the settlement to be paid to any lien
claimant claiming under subdivision (f), (g), or (h) of Section 4903.
If the lien claimant objects to the amount proposed for payment of
its lien under a compromise and release settlement or stipulation,
the appeals board shall determine the extent of the lien claimant's
entitlement to reimbursement on its lien and make and file findings
on all facts involved in the controversy over this issue in
accordance with Section 5313. The appeals board may approve a
compromise and release agreement or stipulation which proposes the
disallowance of a lien, in whole or in part, only where there is
proof of service upon the lien claimant by the defendant, not less
than 15 days prior to the appeals board action, of all medical and
rehabilitation documents and a copy of the proposed compromise and
release agreement or stipulation. The determination of the appeals
board, subject to petition for reconsideration and to the right of
judicial review, as to the amount of lien allowed under subdivision
(f), (g), or (h) of Section 4903, whether in connection with an award
of compensation or the approval of a compromise and release
agreement, shall be binding on the lien claimant, the applicant, and
the defendant, insofar as the right to benefits paid under the
Unemployment Insurance Code for which the lien was claimed. The
appeals board may order the amount of any lien claim, as determined
and allowed by it, to be paid directly to the person entitled, either
in a lump sum or in installments.
   (d) Where unemployment compensation disability benefits, including
family temporary disability insurance benefits, have been paid
pursuant to the Unemployment Insurance Code while reconsideration of
an order, decision, or award is pending, or has been granted, the
appeals board shall determine and allow a final amount on the lien as
of the date the board is ready to issue its decision denying a
petition for reconsideration or affirming, rescinding, altering or
amending the original findings, order, decision, or award.
   (e) The appeals board may not be prohibited from approving a
compromise and release agreement on all other issues and deferring to
subsequent proceedings the determination of a lien claimant's
entitlement to reimbursement if the defendant in any of these
proceedings agrees to pay the amount subsequently determined to be
due under the lien claim.


4904.1.  The payment of liens as provided in Section 4904, shall in
no way affect the commencement of immediate payments on any balance
of the award to the injured claimant where an installment payment for
his disability has been determined.



4905.  Where it appears in any proceeding pending before the appeals
board that a lien should be allowed if it had been duly requested by
the party entitled thereto, the appeals board may, without any
request for such lien having been made, order the payment of the
claim to be made directly to the person entitled, in the same manner
and with the same effect as though the lien had been regularly
requested, and the award to such person shall constitute a lien
against unpaid compensation due at the time of service of the award.



4906.  (a) No charge, claim, or agreement for the legal services or
disbursements mentioned in subdivision (a) of Section 4903, or for
the expense mentioned in subdivision (b) of Section 4903, is
enforceable, valid, or binding in excess of a reasonable amount. The
appeals board may determine what constitutes a reasonable amount.
   (b) No attorney or agent shall demand or accept any fee from an
employee or dependent of an employee for the purpose of representing
the employee or dependent of an employee in any proceeding of the
division, appeals board, or any appellate procedure related thereto
until the amount of the fee has been approved or set by the appeals
board.
   (c) Any fee agreement shall be submitted to the appeals board for
approval within 10 days after the agreement is made.
   (d) In establishing a reasonable attorney's fee, consideration
shall be given to the responsibility assumed by the attorney, the
care exercised in representing the applicant, the time involved, and
the results obtained.
   (e) At the initial consultation, an attorney shall furnish the
employee a written disclosure form promulgated by the administrative
director which shall clearly and prominently describe the procedures
available to the injured employee or his or her dependents. The
disclosure form shall describe this section, the range of attorney's
fees customarily approved by the appeals board, and the attorney's
fees provisions of Section 4064 and the extent to which an employee
may receive compensation without incurring attorney's fees. The
disclosure form shall include the telephone number of the
administrative director together with the statement that the employee
may receive answers at that number to questions concerning
entitlement to compensation or the procedures to follow to receive
compensation. A copy of the disclosure form shall be signed by the
employee and the attorney and sent to the employer, or insurer or
third-party administrator, if either is known, by the attorney within
15 days of the employee's and attorney's execution thereof.
   (f) The disclosure form set forth in subdivision (e) shall
contain, prominently stated, the following statement:
   "Any person who makes or causes to be made any knowingly false or
fraudulent material statement or representation for the purpose of
obtaining or denying worker's compensation benefits or payments is
guilty of a felony."
   (g) The employee, the insurer, the employer, and the attorneys for
each party shall sign and file with the board a statement, with the
application or answer, under penalty of perjury that they have not
violated Section 139.3 and that they have not offered, delivered,
received, or accepted any rebate, refund, commission, preference,
patronage dividend, discount, or other consideration, whether in the
form of money or otherwise, as compensation or inducement for any
referred examination or evaluation.



4907.  The privilege of any person, including attorneys admitted to
practice in the Supreme Court of the state to appear in any
proceeding as a representative of any party before the appeals board,
or any of its referees, may, after a hearing, be removed, denied, or
suspended by the appeals board for a violation of this chapter or
for other good cause.



4908.  A claim for compensation for the injury or death of any
employee, or any award or judgment entered thereon, has the same
preference over the other debts of the employer, or his estate and of
the insurer which is given by the law to claims for wages. Such
preference is for the entire amount of the compensation to be paid.
This section shall not impair the lien of any previous award.



4909.  Any payment, allowance, or benefit received by the injured
employee during the period of his incapacity, or by his dependents in
the event of his death, which by the terms of this division was not
then due and payable or when there is any dispute or question
concerning the right to compensation, shall not, in the absence of
any agreement, be an admission of liability for compensation on the
part of the employer, but any such payment, allowance, or benefit may
be taken into account by the appeals board in fixing the amount of
the compensation to be paid. The acceptance of any such payment,
allowance, or benefit shall not operate as a waiver of any right or
claim which the employee or his dependents has against the employer.




4909.1.  Authorized representatives of the Department of
Corrections, and the Department of the Youth Authority may request
the State Compensation Insurance Fund to provide any payment,
allowance, or benefit as described in Section 4909. When requested by
an authorized representative, the State Compensation Insurance Fund
shall administer the benefits in a timely fashion.

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5000.  No contract, rule, or regulation shall exempt the employer
from liability for the compensation fixed by this division, but
nothing in this division shall:
   (a) Impair the right of the parties interested to compromise,
subject to the provisions herein contained, any liability which is
claimed to exist under this division on account of injury or death.
   (b) Confer upon the dependents of any injured employee any
interest which the employee may not release by compromise or for
which he, or his estate is in the event of such compromise by him
accountable to dependents.



5001.  Compensation is the measure of the responsibility which the
employer has assumed for injuries or deaths which occur to employees
in his employment when subject to this division. No release of
liability or compromise agreement is valid unless it is approved by
the appeals board or referee.



5002.  A copy of the release or compromise agreement signed by both
parties shall forthwith be filed with the appeals board. Upon filing
with and approval by the appeals board, it may, without notice, of
its own motion or on the application of either party, enter its award
based upon the release or compromise agreement.




5003.  Every release or compromise agreement shall be in writing and
duly executed, and the signature of the employee or other
beneficiary shall be attested by two disinterested witnesses or
acknowledged before a notary public. The document shall specify:
   (a) The date of the accident.
   (b) The average weekly wages of the employee, determined according
to Chapter 1 of Part 2 of this division.
   (c) The nature of the disability, whether total or partial,
permanent or temporary.
   (d) The amount paid, or due and unpaid, to the employee up to the
date of the release or agreement or death, and the amount of the
payment or benefits then or thereafter to be made.
   (e) The length of time such payment or benefit is to continue.
   (f) In the event a claim of lien under subdivision (f) or (g) of
Section 4903 has been filed, the number of days and the amount of
temporary disability indemnity which should be allowed to the lien
claimant.


5004.  In case of death there shall also be stated in the release or
compromise agreement:
   (a) The date of death.
   (b) The name of the widow.
   (c) The names and ages of all children.
   (d) The names of all other dependents.
   (e) Whether the dependents are total or partial.
   (f) The amount paid or to be paid as a death benefit and to whom
payment is to be made.


5005.  In any case involving a claim of occupational disease or
cumulative injury, as set forth in Section 5500.5, the employee and
any employer, or any insurance carrier for any employer, may enter
into a compromise and release agreement settling either all or any
part of the employee's claim, including a part of his claim against
any employer. Such compromise and release agreement, upon approval by
the appeals board or a referee, shall be a total release as to such
employer or insurance carrier for the portion or portions of the
claim released, but shall not constitute a bar to a recovery from any
one or all of the remaining employers or insurance carriers for the
periods of exposure not so released.
   In any case where a compromise and release agreement of a portion
of a claim has been made and approved, the employee may elect to
proceed as provided in Section 5500.5 against any one or more of the
remaining employers, or against an employer for that portion of his
exposure not so released; in any such proceeding after election
following compromise and release, that portion of liability
attributable to the portion or portions of the exposure so released
shall be assessed and deducted from the liability of the remaining
defendant or defendants, but any such defendant shall receive no
credit for any moneys paid by way of compromise and release in excess
of the liability actually assessed against the released employments
and the employee shall not receive any further benefits from the
released employments for any liability assessed to them above what
was paid by way of compromise and release.
   In approving a compromise and release agreement under this
section, the appeals board or referee shall determine the adequacy of
the compromise and release agreement as it shall then reflect the
potential liability of the released exposure after apportionment, but
need not make a final actual determination of the potential
liability of the employer or employers for that portion of the
exposure being released.



5006.  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 litigation of those same facts in
the criminal proceeding.

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5100.  At the time of making its award, or at any time thereafter,
the appeals board, on its own motion either upon notice, or upon
application of either party with due notice to the other, may commute
the compensation payable under this division to a lump sum and order
it to be paid forthwith or at some future time if any of the
following conditions appear:
   (a) That such commutation is necessary for the protection of the
person entitled thereto, or for the best interest of the applicant.
In determining what is in the best interest of the applicant, the
appeals board shall consider the general financial condition of the
applicant, including but not limited to, the applicant's ability to
live without periodic indemnity payments and to discharge debts
incurred prior to the date of injury.
   (b) That commutation will avoid inequity and will not cause undue
expense or hardship to the applicant.
   (c) That the employer has sold or otherwise disposed of the
greater part of his assets or is about to do so.
   (d) That the employer is not a resident of this state.



5100.5.  Notwithstanding the provisions of Section 5100, the appeals
board shall not commute the compensation payable under this division
to a lump sum when such compensation is payable under Section 4751
of the Labor Code.


5100.6.  Notwithstanding the provisions of Section 5100, the appeals
board shall not permit the commutation or settlement of prospective
compensation or indemnity payments or other benefits to which the
employee is entitled under vocational rehabilitation.



5101.  The amount of the lump sum shall be determined as follows:
   (a) If the injury causes temporary disability, the appeals board
shall estimate the probable duration thereof and the probable amount
of the temporary disability payments therefor, in accordance with
Chapter 2 of Part 2 of this division, and shall fix the lump sum at
the amount so determined.
   (b) If the injury causes permanent disability or death, the
appeals board shall fix the total amount of the permanent disability
payment or death benefit payable therefor in accordance with Chapter
2 of Part 2 of this division, and shall estimate the present value
thereof, assuming interest at the rate of 3 percent per annum and
disregarding the probability of the beneficiary's death in all cases
except where the percentage of permanent disability is such as to
entitle the beneficiary to a life pension, and then taking into
consideration the probability of the beneficiary's death only in
estimating the present value of such life pension.



5102.  The appeals board may order the lump sum paid directly to the
injured employee or his dependents, or deposited with any savings
bank or trust company authorized to transact business in this state,
which agrees to accept the same as a deposit bearing interest; or the
appeals board may order the lump sum deposited with the State
Compensation Insurance Fund. Any lump sum so deposited, together with
all interest derived therefrom, shall thereafter be held in trust
for the injured employee, or in the event of his death, for his
dependents. In the event of the employee's death, his dependents
shall have no further recourse against the employer under this
chapter.



5103.  Payments from the lump sum so deposited shall be made by the
trustee only in the amounts and at the time fixed by order of the
appeals board and until the lump sum and interest thereon are
exhausted.


5104.  In the appointment of the trustee, preference may be given to
the choice of the injured employee or his dependents.



5105.  Upon the payment of a lump sum, the employer shall present to
the appeals board a proper receipt evidencing the same, executed
either by the injured employee or his dependents, or by the trustee.
The appeals board shall thereupon issue its certificate in proper
form evidencing such payment. Such certificate, upon filing with the
clerk of the superior court in which any judgment upon an award has
been entered, operates as a satisfaction of the award and fully
discharges the employer from any further liability on account
thereof.


5106.  The appeals board shall, upon the request of the Director of
Industrial Relations, where the employer is uninsured and the
installments of compensation awarded are to be paid in the future,
determine the present worth of the future payments, discounted at the
rate of 3 percent per annum, and order the present worth paid into
the Uninsured Employers Fund, which fund shall thereafter pay to the
beneficiaries of the award the future payments as they become due.

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5270.  This part shall not apply in cases where an injured employee
or dependent is involved unless the employee or dependent is
represented by an attorney.


5270.5.  (a) The presiding workers' compensation judge at each
district office shall prepare a list of all eligible attorneys who
apply to be placed on the list of eligible arbitrators. Attorneys are
eligible to become arbitrators if they are active members of the
California State Bar Association and are one of the following:
   (1) A certified specialist in workers' compensation, or eligible
to become certified.
   (2) A retired workers' compensation judge.
   (3) A retired appeals board member.
   (4) An attorney who has been certified to serve as a judge pro
tempore.
   (b) No attorney shall be included in a panel of arbitrators, if he
or she has served as a judge in any proceeding involving the same
case, or has represented, or whose firm has represented, any party in
the same case.


5271.  (a) The parties to a dispute submitted for arbitration may
select any eligible attorney from the list prepared by the presiding
workers' compensation judge to serve as arbitrator. However, when the
disputed issue involves insurance coverage, the parties may select
any attorney as arbitrator upon agreement of the parties.
   (b) If the parties cannot select an arbitrator by agreement,
either party may request the presiding workers' compensation judge to
assign a panel of five arbitrators selected at random from the list
of eligible attorneys. No more than three arbitrators on a
five-member panel may be defense attorneys, no more than three may be
applicant's attorneys, and no more than two may be retired workers'
compensation judges or appeals board commissioners.
   (c) For each party in excess of one party in the capacity of
employer and one party in the capacity of injured employee or lien
claimant, the presiding judge shall randomly select two additional
arbitrators to add to the panel. For each additional party in the
capacity of employer, the presiding judge shall assign a retired
workers' compensation judge or retired appeals board commissioner and
an applicant's attorney. For each additional party in the capacity
of injured employee or lien claimant, the presiding judge shall
assign a retired workers' compensation judge or retired appeals board
commissioner and a defense attorney. For each additional other
party, the presiding judge shall assign two arbitrators to the panel,
in order of rotation from case to case, as follows: a retired
workers' compensation judge or retired appeals board commissioner, an
applicant's attorney, a defense attorney.
   (d) A party may petition the presiding workers' compensation judge
to remove a member from the panel pursuant to Section 170.1 of the
Code of Civil Procedure. The presiding workers' compensation judge
shall assign another eligible attorney to replace any member removed
under this subdivision.
   (e) Each party or lien claimant shall strike two members from the
panel, and the remaining attorney shall serve as arbitrator.



5272.  Arbitrators shall have all of the statutory and regulatory
duties and responsibilities of a workers' compensation judge, as set
forth in Chapter 1 (commencing with Section 5300) of Part 4, except
for the following:
   (a) Arbitrators shall have no power to order the injured worker to
be examined by a qualified medical evaluator pursuant to Sections
5701 and 5703.5.
   (b) Arbitrators shall not have power of contempt.



5273.  (a) In disputes between an employee and an employer, the
employer shall pay all costs related to the arbitration proceeding,
including use of facilities, hearing reporter per diems and
transcript costs.
   (b) In all other disputes, the costs of the arbitration
proceedings, including the arbitrator's compensation, shall be paid
as follows:
   (1) By the parties equally in any dispute between an employer and
an insurer, or an employer and a lien claimant.
   (2) By the parties equally in proceedings subject to Section
5500.5.
   (3) By the dependents in accordance with their proportionate share
of death benefits, where there is no dispute as to the injury
causing death.
   (c) Disputes regarding the costs or fees for arbitration shall be
within the exclusive jurisdiction of the appeals board, and shall be
determined initially by the presiding judge of the district office.




5275.  (a) Disputes involving the following issues shall be
submitted for arbitration:
   (1) Insurance coverage.
   (2) Right of contribution in accordance with Section 5500.5.
   (b) By agreement of the parties, any issue arising under Division
1 (commencing with Section 50) or Division 4 (commencing with Section
3200) may be submitted for arbitration, regardless of the date of
injury.


5276.  (a) Arbitration proceedings may commence at any place and
time agreed upon by all parties.
   (b) If the parties cannot agree on a time or place to commence
arbitration proceedings, the arbitrator shall order the date, time
and place for commencement of the proceeding. Unless all parties
agree otherwise, arbitration proceedings shall commence not less than
30 days nor more than 60 days from the date an arbitrator is
selected.
   (c) Ten days before the arbitration, each party shall submit to
the arbitrator and serve on the opposing party reports, records and
other documentary evidence on which that party intends to rely. If a
party intends to rely upon excerpts of records or depositions, only
copies of the excerpts shall be submitted to the arbitrator.



5277.  (a) The arbitrator's findings and award shall be served on
all parties within 30 days of submission of the case for decision.
   (b) The arbitrator's award shall comply with Section 5313 and
shall be filed with the appeals board office pursuant to venue rules
published by the appeals board.
   (c) The findings of fact, award, order, or decision of the
arbitrator shall have the same force and effect as an award, order,
or decision of a workers' compensation judge.
   (d) Use of an arbitrator for any part of a proceeding or any issue
shall not bind the parties to the use of the same arbitrator for any
subsequent issues or proceedings.
   (e) Unless all parties agree to a longer period of time, the
failure of the arbitrator to submit the decision within 30 days shall
result in forfeiture of the arbitrator's fee and shall vacate the
submission order and all stipulations.
   (f)  The presiding workers' compensation judge may submit
supplemental proceedings to arbitration pursuant to this part.



5278.  (a) No disclosure of any offers of settlement made by any
party shall be made to the arbitrator prior to the filing of the
award.
   (b) Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code applies to a
communication to the arbitrator or a potential arbitrator.

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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 of compensation, or concerning any right or
liability arising out of or incidental thereto.
   (b) For the enforcement against the employer or an insurer of any
liability for compensation imposed upon the employer by this division
in favor of the injured employee, his or her dependents, or any
third person.
   (c) For the determination of any question as to the distribution
of compensation among dependents or other persons.
   (d) For the determination of any question as to who are dependents
of any deceased employee, or what persons are entitled to any
benefit under the compensation provisions of this division.
   (e) For obtaining any order which by Division 4 the appeals board
is authorized to make.
   (f) For the determination of any other matter, jurisdiction over
which is vested by Division 4 in the Division of Workers'
Compensation, including the administrative director and the appeals
board.


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 the review by the courts as specified
in this division.


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, until and unless they are modified or
set aside by the appeals board or upon a review by the courts within
the time and in the manner specified in this division.




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, death benefits, burial expense,
liens, or any other matter arising out of such injury may, in the
discretion of the appeals board, be joined in the same proceeding at
any time; provided, however, that no injury, whether specific or
cumulative, shall, for any purpose whatsoever, merge into or form a
part of another injury; nor shall any award based on a cumulative
injury include disability caused by any specific injury or by any
other cumulative injury causing or contributing to the existing
disability, need for medical treatment or death.



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 amounts to be paid for medical,
surgical or hospital treatment as such treatment is described in
those sections has been made between the persons or institutions
rendering such treatment and the employer or insurer.



5305.  The Division of Workers' Compensation, including the
administrative director, and the appeals board have jurisdiction over
all controversies arising out of injuries suffered outside the
territorial limits of this state in those cases where the injured
employee is a resident of this state at the time of the injury and
the contract of hire was made in this state. Any employee described
by this section, or his or her dependents, shall be entitled to the
compensation or death benefits provided by this division.



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 board against the estate of the employer,
and the failure of the employee or his dependents to cause the claim
to be presented to the executor or administrator of the estate shall
not in any way bar or suspend such right.



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) Regulate and provide the manner in which, and by whom, minors
and incompetent persons are to appear and be represented before it.
   (3) Regulate and prescribe the kind and character of notices,
where not specifically prescribed by this division, and the service
thereof.
   (4) Regulate and prescribe the nature and extent of the proofs and
evidence.
   (b) No rule or regulation of the appeals board pursuant to this
section shall be adopted, amended, or rescinded without public
hearings. Any written request filed with the appeals board seeking a
change in its rules or regulations shall be deemed to be denied if
not set by the appeals board for public hearing to be held within six
months of the date on which the request is received by the appeals
board.


5307.1.  (a) The administrative director, after public hearings,
shall adopt and revise periodically an official medical fee schedule
that shall establish reasonable maximum fees paid for medical
services other than physician services, drugs and pharmacy services,
health care facility fees, home health care, and all other treatment,
care, services, and goods described in Section 4600 and provided
pursuant to this section. Except for physician services, all fees
shall be in accordance with the fee-related structure and rules of
the relevant Medicare and Medi-Cal payment systems, provided that
employer liability for medical treatment, including issues of
reasonableness, necessity, frequency, and duration, shall be
determined in accordance with Section 4600. Commencing January 1,
2004, and continuing until the time the administrative director has
adopted an official medical fee schedule in accordance with the
fee-related structure and rules of the relevant Medicare payment
systems, except for the components listed in subdivision (j), maximum
reasonable fees shall be 120 percent of the estimated aggregate fees
prescribed in the relevant Medicare payment system for the same
class of services before application of the inflation factors
provided in subdivision (g), except that for pharmacy services and
drugs that are not otherwise covered by a Medicare fee schedule
payment for facility services, the maximum reasonable fees shall be
100 percent of fees prescribed in the relevant Medi-Cal payment
system. Upon adoption by the administrative director of an official
medical fee schedule pursuant to this section, the maximum reasonable
fees paid shall not exceed 120 percent of estimated aggregate fees
prescribed in the Medicare payment system for the same class of
services before application of the inflation factors provided in
subdivision (g). Pharmacy services and drugs shall be subject to the
requirements of this section, whether furnished through a pharmacy or
dispensed directly by the practitioner pursuant to subdivision (b)
of Section 4024 of the Business and Professions Code.
   (b) In order to comply with the standards specified in subdivision
(f), the administrative director may adopt different conversion
factors, diagnostic-related group weights, and other factors
affecting payment amounts from those used in the Medicare payment
system, provided estimated aggregate fees do not exceed 120 percent
of the estimated aggregate fees paid for the same class of services
in the relevant Medicare payment system.
   (c) Notwithstanding subdivisions (a) and (d), the maximum facility
fee for services performed in an ambulatory surgical center, or in a
hospital outpatient department, shall not exceed 120 percent of the
fee paid by Medicare for the same services performed in a hospital
outpatient department.
   (d) If the administrative director determines that a medical
treatment, facility use, product, or service is not covered by a
Medicare payment system, the administrative director shall establish
maximum fees for that item, provided that the maximum fee paid shall
not exceed 120 percent of the fees paid by Medicare for services that
require comparable resources. If the administrative director
determines that a pharmacy service or drug is not covered by a
Medi-Cal payment system, the administrative director shall establish
maximum fees for that item. However, the maximum fee paid shall not
exceed 100 percent of the fees paid by Medi-Cal for pharmacy services
or drugs that require comparable resources.
   (e) (1) Prior to the adoption by the administrative director of a
medical fee schedule pursuant to this section, for any treatment,
facility use, product, or service not covered by a Medicare payment
system, including acupuncture services, the maximum reasonable fee
paid shall not exceed the fee specified in the official medical fee
schedule in effect on December 31, 2003, except as otherwise provided
in this subdivision.
   (2) Any compounded drug product shall be billed by the compounding
pharmacy or dispensing physician at the ingredient level, with each
ingredient identified using the applicable National Drug Code (NDC)
of the ingredient and the corresponding quantity, and in accordance
with regulations adopted by the California State Board of Pharmacy.
Ingredients with no NDC shall not be separately reimbursable. The
ingredient-level reimbursement shall be equal to 100 percent of the
reimbursement allowed by the Medi-Cal payment system and payment
shall be based on the sum of the allowable fee for each ingredient
plus a dispensing fee equal to the dispensing fee allowed by the
Medi-Cal payment systems. If the compounded drug product is dispensed
by a physician, the maximum reimbursement shall not exceed 300
percent of documented paid costs, but in no case more than twenty
dollars ($20) above documented paid costs.
   (3) For a dangerous drug dispensed by a physician that is a
finished drug product approved by the federal Food and Drug
Administration, the maximum reimbursement shall be according to the
official medical fee schedule adopted by the administrative director.
   (4) For a dangerous device dispensed by a physician, the
reimbursement to the physician shall not exceed either of the
following:
   (A) The amount allowed for the device pursuant to the official
medical fee schedule adopted by the administrative director.
   (B) One hundred twenty percent of the documented paid cost, but
not less than 100 percent of the documented paid cost plus the
minimum dispensing fee allowed for dispensing prescription drugs
pursuant to the official medical fee schedule adopted by the
administrative director, and not more than 100 percent of the
documented paid cost plus two hundred fifty dollars ($250).
   (5) For any pharmacy goods dispensed by a physician not subject to
paragraph (2), (3), or (4), the maximum reimbursement to a physician
for pharmacy goods dispensed by the physician shall not exceed any
of the following:
   (A) The amount allowed for the pharmacy goods pursuant to the
official medical fee schedule adopted by the administrative director
or pursuant to paragraph (2), as applicable.
   (B) One hundred twenty percent of the documented paid cost to the
physician.
   (C) One hundred percent of the documented paid cost to the
physician plus two hundred fifty dollars ($250).
   (6) For the purposes of this subdivision, the following
definitions apply:
   (A) "Administer" or "administered" has the meaning defined by
Section 4016 of the Business and Professions Code.
   (B) "Compounded drug product" means any drug product subject to
Article 4.5 (commencing with Section 1735) of Division 17 of Title 16
of the California Code of Regulations or other regulation adopted by
the State Board of Pharmacy to govern the practice of compounding.
   (C) "Dispensed" means furnished to or for a patient as
contemplated by Section 4024 of the Business and Professions Code and
does not include "administered."
   (D) "Dangerous drug" and "dangerous device" have the meanings
defined by Section 4022 of the Business and Professions Code.
   (E) "Documented paid cost" means the unit price paid for the
specific product or for each component used in the product as
documented by invoices, proof of payment, and inventory records as
applicable, or as documented in accordance with regulations that may
be adopted by the administrative director, net of rebates, discounts,
and any other immediate or anticipated cost adjustments.
   (F) "Pharmacy goods" has the same meaning as set forth in Section
139.3.
   (7) To the extent that any provision of paragraphs (2) to (6),
inclusive, is inconsistent with any provision of the official medical
fee schedule adopted by the administrative director on or after
January 1, 2012, the provision adopted by the administrative director
shall govern.
   (8) Notwithstanding paragraph (7), the provisions of this
subdivision concerning physician-dispensed pharmacy goods shall not
be superseded by any provision of the official medical fee schedule
adopted by the administrative director unless the relevant official
medical fee schedule provision is expressly applicable to
physician-dispensed pharmacy goods.
   (f) Within the limits provided by this section, the rates or fees
established shall be adequate to ensure a reasonable standard of
services and care for injured employees.
   (g) (1) (A) Notwithstanding any other law, the official medical
fee schedule shall be adjusted to conform to any relevant changes in
the Medicare and Medi-Cal payment systems no later than 60 days after
the effective date of those changes, provided that both of the
following conditions are met:
   (i) The annual inflation adjustment for facility fees for
inpatient hospital services provided by acute care hospitals and for
hospital outpatient services shall be determined solely by the
estimated increase in the hospital market basket for the 12 months
beginning October 1 of the preceding calendar year.
   (ii) The annual update in the operating standardized amount and
capital standard rate for inpatient hospital services provided by
hospitals excluded from the Medicare prospective payment system for
acute care hospitals and the conversion factor for hospital
outpatient services shall be determined solely by the estimated
increase in the hospital market basket for excluded hospitals for the
12 months beginning October 1 of the preceding calendar year.
   (B) The update factors contained in clauses (i) and (ii) of
subparagraph (A) shall be applied beginning with the first update in
the Medicare fee schedule payment amounts after December 31, 2003.
   (C) The maximum reasonable fees paid for pharmacy services and
drugs shall not include any reductions in the relevant Medi-Cal
payment system implemented pursuant to Section 14105.192 of the
Welfare and Institutions Code.
   (2) The administrative director shall determine the effective date
of the changes, and shall issue an order, exempt from Sections
5307.3 and 5307.4 and the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), informing the
public of the changes and their effective date. All orders issued
pursuant to this paragraph shall be published on the Internet Web
site of the Division of Workers' Compensation.
   (3) For the purposes of this subdivision, the following
definitions apply:
   (A) "Medicare Economic Index" means the input price index used by
the federal Centers for Medicare and Medicaid Services to measure
changes in the costs of a providing physician and other services paid
under the resource-based relative value scale.
   (B) "Hospital market basket" means the input price index used by
the federal Centers for Medicare and Medicaid Services to measure
changes in the costs of providing inpatient hospital services
provided by acute care hospitals that are included in the Medicare
prospective payment system.
   (C) "Hospital market basket for excluded hospitals" means the
input price index used by the federal Centers for Medicare and
Medicaid Services to measure changes in the costs of providing
inpatient services by hospitals that are excluded from the Medicare
prospective payment system.
   (h) This section does not prohibit an employer or insurer from
contracting with a medical provider for reimbursement rates different
from those prescribed in the official medical fee schedule.
   (i) Except as provided in Section 4626, the official medical fee
schedule shall not apply to medical-legal expenses, as that term is
defined by Section 4620.
   (j) The following Medicare payment system components shall not
become part of the official medical fee schedule until January 1,
2005:
   (1) Inpatient skilled nursing facility care.
   (2) Home health agency services.
   (3) Inpatient services furnished by hospitals that are exempt from
the prospective payment system for general acute care hospitals.
   (4) Outpatient renal dialysis services.
   (k) Notwithstanding subdivision (a), for the calendar years 2004
and 2005, the existing official medical fee schedule rates for
physician services shall remain in effect, but these rates shall be
reduced by 5 percent. The administrative director may reduce fees of
individual procedures by different amounts, but shall not reduce the
fee for a procedure that is currently reimbursed at a rate at or
below the Medicare rate for the same procedure.
   (l) Notwithstanding subdivision (a), the administrative director,
commencing January 1, 2006, shall have the authority, after public
hearings, to adopt and revise, no less frequently than biennially, an
official medical fee schedule for physician services. If the
administrative director fails to adopt an official medical fee
schedule for physician services by January 1, 2006, the existing
official medical fee schedule rates for physician services shall
remain in effect until a new schedule is adopted or the existing
schedule is revised.


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 contract for
reimbursement rates different from those in the fee schedule adopted
and revised pursuant to Section 5307.1. When 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
contract for reimbursement rates different from those in the fee
schedule, the medical fee schedule for that health care provider or
health facility licensed pursuant to Section 1250 of the Health and
Safety Code shall not apply to the contracted reimbursement rates.
Except as provided in subdivision (b) of Section 5307.1, the official
medical fee schedule shall establish maximum reimbursement rates for
all medical services for injuries subject to this division provided
by a health care provider or health care facility licensed pursuant
to Section 1250 of the Health and Safety Code other than those
specified in contracts subject to this section.



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 medical treatment for injured
workers. The study shall analyze whether there is adequate access to
quality health care and products, including prescription drugs and
pharmacy services, for injured workers and make recommendations to
ensure continued access. If the administrative director determines,
based on this study, that there is insufficient access to quality
health care or products for injured workers, including access to
prescription drugs and pharmacy services, the administrative director
may make appropriate adjustments to medical, prescription drugs and
pharmacy services, and facilities' fees. When there has been a
determination that substantial access problems exist, the
administrative director may, in accordance with the notification and
hearing requirements of Section 5307.1, adopt fees in excess of 120
percent of the applicable Medicare payment system fee, or in excess
of 100 percent of the fees prescribed in the relevant Medi-Cal
payment system, for the applicable services or products.



5307.27.  On or before December 1, 2004, the administrative
director, in consultation with the Commission on Health and Safety
and Workers' Compensation, shall adopt, after public hearings, a
medical treatment utilization schedule, that shall incorporate the
evidence-based, peer-reviewed, nationally recognized standards of
care recommended by the commission pursuant to Section 77.5, and that
shall address, at a minimum, the frequency, duration, intensity, and
appropriateness of all treatment procedures and modalities commonly
performed in workers' compensation cases.



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 power is specifically reserved to the
appeals board.
   No rule or regulation of the administrative director pursuant to
this section shall be adopted, amended, or rescinded without public
hearings. Any written request filed with the administrative director
seeking a change in its rules or regulations shall be deemed to be
denied if not set by the administrative director for public hearing
to be held within six months of the date on which the request is
received by the administrative director.



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 matter relating to the management, or
to personnel, or to public property, loans, grants, benefits, or to
contracts, of the appeals board or the administrative director.
   (b) Notice of the rule or regulation proposed to be adopted,
amended, or rescinded, shall be given to such business and labor
organizations and firms or individuals who have requested notice
thereof. The notice shall include all of the following:
   (1) A statement of the time, place, and nature of the public
hearings.
   (2) Reference to the legal authority under which the rule is
proposed.
   (3) Either the terms or substance of the proposed rule, or a
description of the subjects and the issues involved.
   (c) Except where the proposed rule or regulation has a significant
impact on the public, this section shall not apply to interpretive
rules, general statements of policy, or rules of agency organization.
   (d) After notice required by this section, the appeals board or
the administrative director shall give interested persons the
opportunity to participate in the rulemaking through submission of
written data, views, or arguments, with opportunity for oral
presentation. If, after consideration of the relevant matter
presented, the appeals board or the administrative director adopts a
rule, it or he shall publish a concise, general statement of reasons
for the adoption of the rule. The rule and statement of reasons shall
be given to the same individuals and organizations who have
requested notice of hearings.
   (e) The notice required under this section shall be made not less
than 30 days prior to the public hearing date.



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 the terms and conditions
which it deems proper. The guardian or trustee shall, if required by
the appeals board, give a bond in the form and of the character
required by law from a guardian appointed by a superior court and in
the amount which the appeals board determines. The bond shall be
approved by the appeals board, and the guardian or trustee shall not
be discharged from liability until he or she files an account with
the appeals board or with the superior court and the account is
approved. The trustee or guardian shall receive the compensation for
his or her services fixed and allowed by the appeals board or by the
superior court.
   (b) Provide for the joinder in the same proceeding of all persons
interested therein, whether as employer, insurer, employee,
dependent, creditor, or otherwise.



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 evidence of the reasonableness of fees
charged for medical-legal expenses at the same time he or she adopts
and revises the medical fee schedule pursuant to Section 5307.1.
   The schedule shall consist of a series of procedure codes,
relative values, and a conversion factor producing fees which provide
remuneration to physicians performing medical-legal evaluations at a
level equivalent to that provided to physicians for reasonably
comparable work, and which additionally recognizes the relative
complexity of various types of evaluations, the amount of time spent
by the physician in direct contact with the patient, and the need to
prepare a written report.
   (b) A provider shall not be paid fees in excess of those set forth
in the fee schedule established under this section unless the
provider provides an itemization and explanation of the fee that
shows that it is both a reasonable fee and that extraordinary
circumstances relating to the medical condition being evaluated
justify a higher fee; provided, however, that in no event shall a
provider charge in excess of his or her usual fee. The employer and
employee shall have standing to contest fees in excess of those set
forth in the fee schedule.
   (c) In the event of a dispute between the provider and the
employer, employee, or carrier concerning the fees charged, the
provider may be allowed a reasonable fee for testimony if the
provider testified pursuant to the employer's or carrier's subpoena
and the judge or referee determines that the fee charged was
reasonable and justified by extraordinary circumstances.
   (d) (1) No provider may request nor accept any compensation,
including, but not limited to, any kind of remuneration, discount,
rebate, refund, dividend, distribution, subsidy, or other form of
direct or indirect payment, whether in money or otherwise, from any
source for medical-legal expenses if such compensation is in addition
to the fees authorized by this section. In addition to being subject
to discipline pursuant to the provisions of subdivision (k) of
Section 139.2, any provider violating this subdivision is subject to
disciplinary action by the appropriate licensing board.
   (2) This subdivision does not apply to medical-legal expenses for
which the administrative director has not adopted a fee schedule.



5307.7.  (a) On or before January 1, 2013, the administrative
director shall adopt, after public hearings, a fee schedule that
shall establish reasonable hourly fees paid for services provided by
vocational experts, including, but not limited to, vocational
evaluations and expert testimony determined to be reasonable, actual,
and necessary by the appeals board.
   (b) A vocational expert shall not be paid, and the appeals board
shall not allow, vocational expert fees in excess of those that are
reasonable, actual, and necessary.



5308.  The appeals board has jurisdiction to determine controversies
arising out of insurance policies issued to self-employing persons,
conferring benefits identical with those prescribed by this division.
   The appeals board may try and determine matters referred to it by
the parties under the provisions of Title 9 (commencing with Section
1280) of Part 3 of the Code of Civil Procedure, with respect to
controversies arising out of insurance issued to self-employing
persons under the provisions of this division. Such controversies may
be submitted to it by the signed agreement of the parties, or by the
application of one party and the submission of the other to its
jurisdiction, with or without an express request for arbitration.
   The State Compensation Insurance Fund, when the consent of the
other party is obtained, shall submit to the appeals board all
controversies susceptible of being arbitrated under this section.
   In acting as arbitrator under this section, the appeals board has
all the powers which it may lawfully exercise in compensation cases,
and its findings and award upon such arbitration have the same
conclusiveness and are subject to the same mode of reopening, review,
and enforcement as in compensation cases. No fee or cost shall be
charged by the appeals board for arbitrating the issues presented
under this section.



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 either, or of its own motion, and with
or without notice, direct and order a workers' compensation judge:
   (a) To try the issues in any proceeding before it, whether of fact
or of law, and make and file a finding, order, decision, or award
based thereon.
   (b) To hold hearings and ascertain facts necessary to enable the
appeals board to determine any proceeding or to make any order,
decision, or award that the appeals board is authorized to make under
Divisions 4 or 5, or necessary for the information of the appeals
board.
   (c) To issue writs or summons, warrants of attachment, warrants of
commitment, and all necessary process in proceedings for direct and
hybrid contempt in a like manner and to the same extent as courts of
record. For the purposes of this section, "hybrid contempt" means a
charge of contempt which arises from events occurring in the
immediate presence of the workers' compensation judge for reasons
which occur outside the presence of the workers' compensation judge.



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 refer, remove to itself, or
transfer to a workers' compensation administrative law judge the
proceedings on any claim. The administrative director may appoint
workers' compensation administrative law judges. Any workers'
compensation administrative law judge appointed by the administrative
director has the powers, jurisdiction, and authority granted by law,
by the order of appointment, and by the rules of the appeals board.



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 specified in Section 641 of the Code of
Civil Procedure and the objection shall be heard and disposed of by
the appeals board. Affidavits may be read and witnesses examined as
to the objections.



5311.5.  The administrative director shall require all workers'
compensation administrative law judges to participate in continuing
education to further their abilities as workers' compensation
administrative law judges, including courses in ethics and conflict
of interest. The director may coordinate the requirements with those
imposed upon attorneys by the State Bar in order that the
requirements may be consistent.



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 to hear and determine the
matters and issues referred to him or her, to make just findings and
to report according to his or her understanding.



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 controversy and an award, order, or
decision stating the determination as to the rights of the parties.
Together with the findings, decision, order or award there shall be
served upon all the parties to the proceedings a summary of the
evidence received and relied upon and the reasons or grounds upon
which the determination was made.



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, decision, or award of a workers'
compensation judge and may, with or without further proceedings, and
with or without notice, enter its order, findings, decision, or award
based upon the record in the case.



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 the appeals board, may be served
in the manner provided by Chapter 5, Title 14 of Part 2 of the Code
of Civil Procedure, unless otherwise directed by the appeals board.
In the latter event the document shall be served in accordance with
the order or direction of the appeals board. The appeals board may,
in the cases mentioned in the Code of Civil Procedure, order service
to be made by publication of notice of time and place of hearing.
Where service is ordered to be made by publication the date of the
hearing may be fixed at more than 30 days from the date of filing the
application.



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 upon whom the service of similar notices,
orders, or decisions is authorized by law.



5318.  (a) Implantable medical devices, hardware, and
instrumentation for Diagnostic Related Groups (DRGs) 004, 496, 497,
498, 519, and 520 shall be separately reimbursed at the provider's
documented paid cost, plus an additional 10 percent of the provider's
documented paid cost, not to exceed a maximum of two hundred fifty
dollars ($250), plus any sales tax and shipping and handling charges
actually paid.
   (b) This section shall be operative only until the administrative
director adopts a regulation specifying separate reimbursement, if
any, for implantable medical hardware or instrumentation for complex
spinal surgeries.

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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 occurrence of the injury which is
claimed to have caused the disability or death, there is served upon
the employer notice in writing, signed by the person injured or
someone in his behalf, or in case of the death of the person injured,
by a dependent or someone in the dependent's behalf.



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 shift at the time of injury or which
results in medical treatment beyond first aid, the employer shall
provide, personally or by first-class mail, a claim form and a notice
of potential eligibility for benefits under this division to the
injured employee, or in the case of death, to his or her dependents.
As used in this subdivision, "first aid" means any one-time
treatment, and any followup visit for the purpose of observation of
minor scratches, cuts, burns, splinters, or other minor industrial
injury, which do not ordinarily require medical care. This one-time
treatment, and followup visit for the purpose of observation, is
considered first aid even though provided by a physician or
registered professional personnel. "Minor industrial injury" shall
not include serious exposure to a hazardous substance as defined in
subdivision (i) of Section 6302. The claim form shall request the
injured employee's name and address, social security number, the time
and address where the injury occurred, and the nature of and part of
the body affected by the injury. Claim forms shall be available at
district offices of the Employment Development Department and the
division. Claim forms may be made available to the employee from any
other source.
   (b) Insofar as practicable, the notice of potential eligibility
for benefits required by this section and the claim form shall be a
single document and shall instruct the injured employee to fully read
the notice of potential eligibility. The form and content of the
notice and claim form shall be prescribed by the administrative
director after consultation with the Commission on Health and Safety
and Workers' Compensation. The notice shall be easily understandable
and available in both English and Spanish. The content shall include,
but not be limited to, the following:
   (1) The procedure to be used to commence proceedings for the
collection of compensation for the purposes of this chapter.
   (2) A description of the different types of workers' compensation
benefits.
   (3) What happens to the claim form after it is filed.
   (4) From whom the employee can obtain medical care for the injury.
   (5) The role and function of the primary treating physician.
   (6) The rights of an employee to select and change the treating
physician pursuant to subdivision (e) of Section 3550 and Section
4600.
   (7) How to get medical care while the claim is pending.
   (8) The protections against discrimination provided pursuant to
Section 132a.
   (9) The following written statements:
   (A) You have a right to disagree with decisions affecting your
claim.
   (B) To obtain important information about the workers'
compensation claims process and your rights and obligations, go to Ý
applicable Internet Web site(s)], or contact an information and
assistance (I&A) officer of the state Division of Workers'
Compensation. You can also hear recorded information and a list of
local I&A offices by calling Ýapplicable information and assistance
telephone number(s)].
   (C) You can consult an attorney. Most attorneys offer one free
consultation. If you decide to hire an attorney, his or her fee will
be taken out of some of your benefits. For names of workers'
compensation attorneys, call the State Bar of California at Ý
telephone number of the State Bar of California's legal
specialization program, or its equivalent].
   (c) The completed claim form shall be filed with the employer by
the injured employee, or, in the case of death, by a dependent of the
injured employee, or by an agent of the employee or dependent.
Except as provided in subdivision (d), a claim form is deemed filed
when it is personally delivered to the employer or received by the
employer by first-class or certified mail. A dated copy of the
completed form shall be provided by the employer to the employer's
insurer and to the employee, dependent, or agent who filed the claim
form.
   (d) The claim form shall be filed with the employer prior to the
injured employee's entitlement to late payment supplements under
subdivision (d) of Section 4650, or prior to the injured employee's
request for a medical evaluation under Section 4060, 4061, or 4062.
Filing of the claim form with the employer shall toll, for injuries
occurring on or after January 1, 1994, the time limitations set forth
in Sections 5405 and 5406 until the claim is denied by the employer
or the injury becomes presumptively compensable pursuant to Section
5402. For purposes of this subdivision, a claim form is deemed filed
when it is personally delivered to the employer or mailed to the
employer by first-class or certified mail.



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 material statement or material representation for the
purpose of obtaining or denying workers' compensation benefits or
payments is guilty of a felony."
   The statements required to be printed or displayed pursuant to
Sections 1871.2 and 1879.2 of the Insurance Code may, but are not
required to, appear on the claim form.



5402.  (a) Knowledge of an injury, obtained from any source, on the
part of an employer, his or her managing agent, superintendent,
foreman, or other person in authority, or knowledge of the assertion
of a claim of injury sufficient to afford opportunity to the employer
to make an investigation into the facts, is equivalent to service
under Section 5400.
   (b) If liability is not rejected within 90 days after the date the
claim form is filed under Section 5401, the injury shall be presumed
compensable under this division. The presumption of this subdivision
is rebuttable only by evidence discovered subsequent to the 90-day
period.
   (c) Within one working day after an employee files a claim form
under Section 5401, the employer shall authorize the provision of all
treatment, consistent with Section 5307.27 or the American College
of Occupational and Environmental Medicine's Occupational Medicine
Practice Guidelines, for the alleged injury and shall continue to
provide the treatment until the date that liability for the claim is
accepted or rejected. Until the date the claim is accepted or
rejected, liability for medical treatment shall be limited to ten
thousand dollars ($10,000).
   (d) Treatment provided under subdivision (c) shall not give rise
to a presumption of liability on the part of the employer.



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 the proceedings for the
collection of the claim that the employer was not in fact misled or
prejudiced by such failure.



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 proceedings is barred. The timely filing of
an application with the appeals board by any party in interest for
any part of the compensation defined by Section 3207 renders this
chapter inoperative as to all further claims by such party against
the defendants therein named for compensation arising from that
injury, and the right to present such further claims is governed by
Sections 5803 to 5805, inclusive.



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 activity for the previous 180 days
and if the claims adjuster has served notice pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of the Code
of Civil Procedure. The notice shall specify that the claim will be
dismissed by operation of law unless an application for adjudication
of the claim is filed within 180 days of service of the notice.
   (b) Where a claim form has been filed prior to January 1, 1994,
and where benefits have been furnished by the employer, the claim may
be dismissed if there has been no activity for the previous 180 days
and if the claims adjuster has served notice pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of the Code
of Civil Procedure. The notice shall specify that the claim will be
dismissed by operation of law unless an application for adjudication
of the claim is filed within five years of the date of injury or
within one year of the last furnishing of benefits, whichever is
later.
   (c) The administrative director may adopt rules of practice and
procedure consistent with this section.
   (d) The provisions of subdivisions (a) and (b) do not limit the
jurisdiction of the appeals board.
   (e) This section is applicable to injuries occurring before
January 1, 1994.



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 (commencing with Section 4650), or both,
of Chapter 2 of Part 2 is one year from any of the following:
   (a) The date of injury.
   (b) The expiration of any period covered by payment under Article
3 (commencing with Section 4650) of Chapter 2 of Part 2.
   (c) The last date on which any benefits provided for in Article 2
(commencing with Section 4600) of Chapter 2 of Part 2 were furnished.



5406.  Except as provided in Section 5406.5 or 5406.6, the period
within which may be commenced proceedings for the collection of the
benefits provided by Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 is one year from:
   (a) The date of death where death occurs within one year from date
of injury; or
   (b) The date of last furnishing of any benefits under Chapter 2
(commencing with Section 4550) of Part 2, where death occurs more
than one year from the date of injury; or
   (c) The date of death, where death occurs more than one year after
the date of injury and compensation benefits have been furnished.
   No such proceedings may be commenced more than one year after the
date of death, nor more than 240 weeks from the date of injury.



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 benefits provided by Article 4
(commencing with Section 4700) of Chapter 2 of Part 2 is one year
from the date of death.



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 HIV-related disease, the period
within which proceedings may be commenced for the collection of
benefits provided by Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 is one year from the date of death, providing
that one or more of the following events has occurred:
   (1) A report of the injury or exposure was made to the employer or
to a governmental agency authorized to administer industrial injury
claims, within one year of the date of the injury.
   (2) The worker has complied with the notice provisions of this
chapter and the claim has not been finally determined to be
noncompensable.
   (3) The employer provided, or was ordered to provide, workers'
compensation benefits for the injury prior to the date of death.
   (b) For the purposes of this section, "health care worker" means
an employee who has direct contact, in the course of his or her
employment, with blood or other bodily fluids contaminated with
blood, or with other bodily fluids identified by the Division of
Occupational Safety and Health as capable of transmitting HIV, who is
either (1) any person who is an employee of a provider of health
care, as defined in subdivision (d) of Section 56.05 of the Civil
Code, including, but not limited to, a registered nurse, licensed
vocational nurse, certified nurse aide, clinical laboratory
technologist, dental hygienist, physician, janitor, or housekeeping
worker, or (2) an employee who provides direct patient care.



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 provisions of Section 4553, is as
follows:
   Twelve months from the date of injury. This period shall not be
extended by payment of compensation, agreement therefor, or the
filing of application for compensation benefits under other
provisions of this division.



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 provisions of Section 4551, is as
follows:
   Twelve months from the date of injury. However, this limitation
shall not apply in any case where the employee has commenced
proceedings for the increase of compensation on the ground of serious
and willful misconduct of the employer.



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 right or privilege accrues to such
employee or dependent under this division, a guardian or conservator
of the estate appointed by the court, or a guardian ad litem or
trustee appointed by the appeals board, may, on behalf of the
employee or dependent, claim and exercise any right or privilege with
the same force and effect as if no disability existed.
   No limitation of time provided by this division shall run against
any person under 18 years of age or any incompetent unless and until
a guardian or conservator of the estate or trustee is appointed. The
appeals board may determine the fact of the minority or incompetency
of any injured employee and may appoint a trustee to receive and
disburse compensation payments for the benefit of such minor or
incompetent and his family.


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 the employee. Such defense may be
waived. Failure to present such defense prior to the submission of
the cause for decision is a sufficient waiver.



5410.  Nothing in this chapter shall bar the right of any injured
worker to institute proceedings for the collection of compensation,
including vocational rehabilitation services, within five years after
the date of the injury upon the ground that the original injury has
caused new and further disability or that the provision of vocational
rehabilitation services has become feasible because the employee's
medical condition has improved or because of other factors not
capable of determination at the time the employer's liability for
vocational rehabilitation services otherwise terminated. The
jurisdiction of the appeals board in these cases shall be a
continuing jurisdiction within this period. This section does not
extend the limitation provided in Section 5407.



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 unsuccessful in such proceeding, the board
may make a finding as to the amount of a reasonable attorney's fee
incurred by the applicant in resisting such proceeding to reduce
permanent disability benefits previously awarded by the appeals board
and assess the same as costs upon the party instituting the
proceeding for the reduction of permanent disability benefits.



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 exposure, for the consequences of
which compensation is claimed.


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 knew, or in the exercise of
reasonable diligence should have known, that such disability was
caused by his present or prior employment.



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 litigation of those same facts in
the criminal proceeding.

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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 file workers' compensation
claims or to engage or consult counsel or a medical care provider or
clinic to consider a workers' compensation claim.



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 consider a workers' compensation claim in
any newspaper, magazine, circular, form letter, or open publication,
published, distributed, or circulated in this state, or on any
billboard, card, label, transit advertisement or other written
advertising medium shall state at the top or bottom on the front side
or surface of the document in at least 12-point roman boldface type
font, except for any billboard which shall be in type whose letters
are 12 inches in height or any transit advertisement which shall be
in type whose letters are seven inches in height and for any
television announcement which shall be in 12-point roman boldface
type font and appear in a dark background and remain on the screen
for a minimum of five seconds and for any radio announcement which
shall be read at an understandable pace with no loud music or sound
effects, or both, to compete for the listener's attention, the
following:
                                      NOTICE
    Making a false or fraudulent workers' compensation claim is a
felony subject to up to 5 years in prison or a fine of up to $50,000
or double the value of the fraud, whichever is greater, or by both
imprisonment and fine.

  (b) Any television or radio announcement published or disseminated
in this state which solicits persons to file workers' compensation
claims or to engage or consult counsel to consider a workers'
compensation claim under this code shall include the following spoken
statement by the announcer of the advertisement:

    "Making a false or fraudulent workers' compensation claim is a
felony subject to up to 5 years in prison or a fine of up to $50,000
or double the value of the fraud, whichever is greater, or by both
imprisonment and fine."

  (c) This chapter does not supersede or repeal any regulation which
governs advertising under this code and those regulations shall
continue to be in force in addition to this chapter.
   (d) For purposes of subdivisions (a) and (b), the notice or
statement shall be written or spoken in English. In those cases where
the preponderance of the listening or reading public receives
information other than in the English language, the written notice or
spoken statement shall be in those other languages.



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 counsel or a medical care
provider or clinic shall disclose that an agent may contact the
individual if that is the fact. In addition, an individual who makes
contact with a person as a result of acquiring that individual's name
from a lead generating device shall disclose that fact in the
initial contact with that person.
   (b) No person shall solicit persons to file a workers'
compensation claim or to engage or consult counsel or a medical care
provider or clinic to consider a workers' compensation claim through
the use of a true or fictitious name which is deceptive or misleading
with regard to the status, character, or proprietary or
representative capacity of the entity or person, or to the true
purpose of the advertisement.
   (c) For purposes of this section, an advertisement includes a
solicitation in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, or on any billboard, card, label, transit advertisement, or
other written advertising medium, and includes envelopes, stationery,
business cards, or other material designed to encourage the filing
of a workers' compensation claim.
   (d) Advertisements shall not employ words, initials, letters,
symbols, or other devices which are so similar to those used by
governmental agencies, a nonprofit or charitable institution, or
other entity that they could have the capacity or tendency to mislead
the public. Examples of misleading materials include, but are not
limited to, those that imply any of the following:
   (1) The advertisement is in some way provided by or is endorsed by
a governmental agency or charitable institution.
   (2) The advertiser is the same as, is connected with, or is
endorsed by a governmental agency or charitable institution.
   (e) Advertisements may not use the name of a state or political
subdivision thereof in an advertising solicitation.
   (f) Advertisements may not use any name, service mark, slogan,
symbol, or any device in any manner which implies that the
advertiser, or any person or entity associated with the advertiser,
or that any agency who may call upon the person in response to the
advertisement, is connected with a governmental agency.
   (g) Advertisements may not imply that the reader, listener, or
viewer may lose a right or privilege or benefits under federal,
state, or local law if he or she fails to respond to the
advertisement.



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 provides workers' compensation claims services which are
described in the written or broadcast advertisements, any person to
whom persons solicited by the advertisements are directed to for
inquiries or the provision of workers' compensation claims related
services, or any person paying for the preparation, broadcast,
printing, dissemination, or placement of the advertisements.

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5450.  The Division of Workers' Compensation shall make available to
employees, employers and other interested parties information,
assistance, and advice to assure the proper and timely furnishing of
benefits and to assist in the resolution of disputes on an informal
basis.



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 administrative director. If no
application is filed, if the employee is not represented, or upon
agreement of the parties, the information and assistance officer
shall consider the contentions of the parties and may refer the
matter to the appropriate bureau or unit within the Division of
Workers' Compensation for review and recommendations. The information
and assistance officer shall advise the employer and the employee of
their rights, benefits, and obligations under this division. Upon
making a referral, the information and assistance officer shall
arrange for a copy of any pertinent material submitted to be served
upon the parties or their representatives, if any. The procedures to
be followed by the information and assistance officer shall be
governed by the rules and regulations of the administrative director
adopted after public hearings.



5453.  After consideration of the information submitted, including
the reports of any bureau or unit within the Division of Workers'
Compensation which have been received, the information and assistance
officer shall make a recommendation which shall be served on the
parties or their representatives, if any.



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 the period that the matter is
under consideration by the information and assistance officer, and
for 60 days following the issuance of his or her recommendation.




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, the admissibility of written evidence
or reports submitted by any party pursuant to this chapter, or
Section 5502, shall be governed by Chapter 5 (commencing with Section
5700).

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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 its rules of practice and
procedure, simply but clearly and completely delineating all relevant
matters of agreement and all issues of disagreement within the
jurisdiction of the appeals board, and providing for the furnishing
of any additional information as the appeals board may properly
determine necessary to expedite its hearing and determination of the
claim.
   The amendment of this section made during the 1993 portion of the
1993-94 Regular Session shall apply to all applications filed on or
after January 1, 1994.
   Notwithstanding Section 5401, except where a claim form has been
filed for an injury occurring on or after January 1, 1990, and before
January 1, 1994, the filing of an application for adjudication and
not the filing of a claim form shall establish the jurisdiction of
the appeals board and shall commence proceedings before the appeals
board for the collection of benefits.



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 appeals board. No district office of
the appeals board or workers' compensation administrative law judge
shall require forms or procedures other than as established by the
appeals board. A workers' compensation administrative law judge who
violates this section may be subject to disciplinary proceedings.
   (b) The appeals board shall establish uniform court procedures and
uniform forms for all other proceedings of the appeals board.



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, 1978, shall be limited to those
employers who employed the employee during a period of four years
immediately preceding either the date of injury, as determined
pursuant to Section 5412, or the last date on which the employee was
employed in an occupation exposing him or her to the hazards of the
occupational disease or cumulative injury, whichever occurs first.
Commencing January 1, 1979, and thereafter on the first day of
January for each of the next two years, the liability period for
occupational disease or cumulative injury shall be decreased by one
year so that liability is limited in the following manner:

  For claims filed
  or                            The period
  asserted on or after:         shall be:
  January 1, 1979...........   three years
  January 1, 1980...........    two years
  January 1, 1981 and            one year
  thereafter................

   In the event that none of the employers during the above
referenced periods of occupational disease or cumulative injury are
insured for workers' compensation coverage or an approved alternative
thereof, liability shall be imposed upon the last year of employment
exposing the employee to the hazards of the occupational disease or
cumulative injury for which an employer is insured for workers'
compensation coverage or an approved alternative thereof.
   Any employer held liable for workers' compensation benefits as a
result of another employer's failure to secure the payment of
compensation as required by this division shall be entitled to
reimbursement from the employers who were unlawfully uninsured during
the last year of the employee's employment, and shall be subrogated
to the rights granted to the employee against the unlawfully
uninsured employers under the provisions of Article 1 (commencing
with Section 3700) of Chapter 4 of Part 1 of Division 4.
   If, based upon all the evidence presented, the appeals board or
workers' compensation judge finds the existence of cumulative injury
or occupational disease, liability for the cumulative injury or
occupational disease shall not be apportioned to prior or subsequent
years; however, in determining the liability, evidence of disability
due to specific injury, disability due to nonindustrial causes, or
disability previously compensated for by way of a findings and award
or order approving compromise and release, or a voluntary payment of
disability, may be admissible for purposes of apportionment.
   (b) Where a claim for compensation benefits is made on account of
an occupational disease or cumulative injury which may have arisen
out of more than one employment, the application shall state the
names and addresses of all employers liable under subdivision (a),
the places of employment, and the approximate periods of employment
where the employee was exposed to the hazards of the occupational
disease or cumulative injury. If the application is not so prepared
or omits necessary and proper employers, any interested party, at or
prior to the first hearing, may request the appeals board to join as
defendant any necessary or proper party. If the request is made prior
to the first hearing on the application, the appeals board shall
forthwith join the employer as a party defendant and cause a copy of
the application together with a notice of the time and place of
hearing to be served upon the omitted employer; provided, the notice
can be given within the time specified in this division. If the
notice cannot be timely given or if the motion for joinder is made at
the time of the first hearing, then the appeals board or the workers'
compensation judge before whom the hearing is held, if it is found
that the omitted employer named is a necessary or proper party, may
order a joinder of the party and continue the hearing so that proper
notice may be given to the party or parties so joined. Only one
continuance shall be allowed for the purpose of joining additional
parties. Subsequent to the first hearing the appeals board shall join
as a party defendant any additional employer when it appears that
the employer is a proper party, but the liability of the employer
shall not be determined until supplemental proceedings are
instituted.
   (c) In any case involving a claim of occupational disease or
cumulative injury occurring as a result of more than one employment
within the appropriate time period set forth in subdivision (a), the
employee making the claim, or his or her dependents, may elect to
proceed against any one or more of the employers. Where such an
election is made, the employee must successfully prove his or her
claim against any one of the employers named, and any award which the
appeals board shall issue awarding compensation benefits shall be a
joint and several award as against any two or more employers who may
be held liable for compensation benefits. If, during the pendency of
any claim wherein the employee or his or her dependents has made an
election to proceed against one or more employers, it should appear
that there is another proper party not yet joined, the additional
party shall be joined as a defendant by the appeals board on the
motion of any party in interest, but the liability of the employer
shall not be determined until supplemental proceedings are
instituted. Any employer joined as a defendant subsequent to the
first hearing or subsequent to the election provided herein shall not
be entitled to participate in any of the proceedings prior to the
appeal board's final decision, nor to any continuance or further
proceedings, but may be permitted to ascertain from the employee or
his or her dependents such information as will enable the employer to
determine the time, place, and duration of the alleged employment.
On supplemental proceedings, however, the right of the employer to
full and complete examination or cross-examination shall not be
restricted.
   (d) (1) In the event a self-insured employer which owns and
operates a work location in the State of California, sells or has
sold the ownership and operation of the work location pursuant to a
sale of a business or all or part of the assets of a business to
another self-insured person or entity after January 1, 1974, but
before January 1, 1978, and all the requirements of subparagraphs (A)
to (D), inclusive, exist, then the liability of the employer-seller
and employer-buyer, respectively, for cumulative injuries suffered by
employees employed at the work location immediately before the sale
shall, until January 1, 1986, be governed by the provisions of this
section which were in effect on the date of that sale.
   (A) The sale constitutes a material change in ownership of such
work location.
   (B) The person or entity making the purchase continues the
operation of the work location.
   (C) The person or entity becomes the employer of substantially all
of the employees of the employer-seller.
   (D) The agreement of sale makes no special provision for the
allocation of liabilities for workers' compensation between the buyer
and the seller.
   (2) For purposes of this subdivision:
   (A) "Work location" shall mean any fixed place of business,
office, or plant where employees regularly work in the trade or
business of the employer.
   (B) A "material change in ownership" shall mean a change in
ownership whereby the employer-seller does not retain, directly or
indirectly, through one or more corporate entities, associations,
trusts, partnerships, joint ventures, or family members, a
controlling interest in the work location.
   (3) This subdivision shall have no force or effect on or after
January 1, 1986, unless otherwise extended by the Legislature prior
to that date, and it shall not have any force or effect as respects
an employee who, subsequent to the sale described in paragraph (1)
and prior to the date of his or her application for compensation
benefits has been filed, is transferred to a different work location
by the employer-buyer.
   (4) If any provision of this subdivision or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
subdivision which can be given effect without the invalid provision
or application, and to this end the provisions of this subdivision
are severable.
   (e) At any time within one year after the appeals board has made
an award for compensation benefits in connection with an occupational
disease or cumulative injury, any employer held liable under the
award may institute proceedings before the appeals board for the
purpose of determining an apportionment of liability or right of
contribution. The proceeding shall not diminish, restrict, or alter
in any way the recovery previously allowed the employee or his or her
dependents, but shall be limited to a determination of the
respective contribution rights, interest or liabilities of all the
employers joined in the proceeding, either initially or
supplementally; provided, however, if the appeals board finds on
supplemental proceedings for the purpose of determining an
apportionment of liability or of a right of contribution that an
employer previously held liable in fact has no liability, it may
dismiss the employer and amend its original award in such manner as
may be required.
   (f) If any proceeding before the appeals board for the purpose of
determining an apportionment of liability or of a right of
contribution where any employee incurred a disability or death
resulting from silicosis in underground metal mining operations, the
determination of the respective rights and interests of all of the
employers joined in the proceedings either initially or
supplementally shall be as follows:
   (1) All employers whose underground metal mining operations
resulted in a silicotic exposure during the period of the employee's
employment in those operations shall be jointly and severally liable
for the payment of compensation and of medical, surgical, legal and
hospital expense which may be awarded to the employee or his or her
estate or dependents as the result of disability or death resulting
from or aggravated by the exposure.
   (2) In making its determination in the supplemental proceeding for
the purpose of determining an apportionment of liability or of a
right of contribution of percentage liabilities of the various
employers engaged in underground metal mining operations the appeals
board shall consider as a rebuttal presumption that employment in
underground work in any mine for a continuous period of more than
three calendar months will result in a silicotic exposure for the
employee so employed during the period of employment if the
underground metal mine was driven or sunk in rock having a
composition which will result in dissemination of silica or silicotic
dust particles when drilled, blasted, or transported.
   (g) Any employer shall be entitled to rebut the presumption by
showing to the satisfaction of the appeals board, or the workers'
compensation judge, that the mining methods used by the employer in
the employee's place of employment did not result during his or her
employment in the creation of silica dust in sufficient amount or
concentration to constitute a silicotic hazard. Dust counts,
competently made, at intervals and in locations as meet the
requirements of the Division of Occupational Safety and Health for
safe working conditions may be received as evidence of the amount and
concentration of silica dust in the workings where the counts have
been made at the time when they were made. The appeals board may from
time to time, as its experience may indicate proper, promulgate
orders as to the frequency with which dust counts shall be taken in
different types of workings in order to justify their acceptance as
evidence of the existence or nonexistence of a silicotic hazard in
the property where they have been taken.
   (h) The amendments to this section adopted at the 1959 Regular
Session of the Legislature shall operate retroactively, and shall
apply retrospectively to any cases pending before the appeals board
or courts. From and after the date this section becomes effective no
payment shall be made out of the fund used for payment of the
additional compensation provided for in Section 4751, or out of any
other state funds, in satisfaction of any liability heretofore
incurred or hereafter incurred, except awards which have become final
without regard to the continuing jurisdiction of the appeals board
on that effective date, and the state and its funds shall be without
liability therefor. This subdivision shall not in any way effect a
reduction in any benefit conferred or which may be conferred upon any
injured employee or his dependents.
   (i) The amendments to this section adopted at the 1977 Regular
Session of the Legislature shall apply to any claims for benefits
under this division which are filed or asserted on or after January
1, 1978, unless otherwise specified in this section.



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 Section 3351, shall be limited to
those employers in whose employment the employee was exposed to the
hazards of the occupational disease or cumulative injury during the
last day on which the employee was employed in an occupation exposing
the employee to the hazards of the disease or injury. In the event
that none of the employers of the last day of hazardous employment is
insured for workers' compensation liability, that liability, shall
be imposed upon the last employer exposing the employee to the
hazards of the occupational disease or cumulative injury who has
secured workers' compensation insurance coverage or an approved
alternative thereto. If, based upon all the evidence presented, the
appeals board or the workers' compensation judge finds the existence
of cumulative injury or occupational disease, liability for the
cumulative injury or occupational disease shall not be apportioned to
prior employers. However, in determining liability, evidence of
disability due to specific injury, disability due to non-work-related
causes, or disability previously compensated for by way of a
findings and award or order approving compromise and release, or a
voluntary payment of disability, may be admissible for purposes of
apportionment.


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 is not an attorney licensed by the
State Bar of this state shall notify the appeals board in writing
that he or she is not an attorney licensed by the State Bar of this
state. Upon the filing of the application, the appeals board shall,
where the applicant is represented by an attorney or other
representative, serve a conformed copy of the application showing the
date of filing and the case number upon applicant's attorney or
representative. The applicant's attorney or representative shall,
upon receipt of the conformed copy, forthwith serve a copy of the
conformed application upon all other parties to the claim. If the
applicant is unrepresented, a copy thereof shall forthwith be served
upon all adverse parties by the appeals board.



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
deceased employee resides on the date of filing.
   (2) In the county where the injury allegedly occurred, or, in
cumulative trauma and industrial disease claims, where the last
alleged injurious exposure occurred.
   (3) In the county where the employee's attorney maintains his or
her principal place of business, if the employee is represented by an
attorney.
   (b) If the county selected for filing has more than one office of
the appeals board, the application shall be filed at any location of
the appeals board within that county that meets the criteria
specified in subdivision (a). The written consent of the employee, or
dependent of a deceased employee, to the selected venue site shall
be filed with the application.
   (c) If the venue site where the application is to be filed is the
county where the employee's attorney maintains his or her principal
place of business, the attorney for the employee shall indicate that
venue site when forwarding the information request form required by
Section 5401.5. The employer shall have 30 days from receipt of the
information request form to object to the selected venue site. Where
there is an employer objection to a venue site under paragraph (3) of
subdivision (a), then the application shall be filed pursuant to
either paragraph (1) or (2) of subdivision (a).
   (d) If there is no appeals board office in the county where venue
is permitted under subdivision (a), the application shall be filed at
the appeals board office nearest the residence on the date of filing
of the injured employee or dependent of a deceased employee, or the
nearest place where the injury allegedly occurred, or, in cumulative
trauma and industrial disease claims, where the last injurious
exposure occurred, or nearest the location where the attorney of the
employee maintains his or her principal place of business, unless the
employer objects under subdivision (c).




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 change of venue shall be
specifically set forth in the request for change of venue.
   (b) If a change of venue is requested for the convenience of
witnesses, the names and addresses of these witnesses and the
substance of their testimony shall be specifically set forth in the
request for change of venue.


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 readiness to proceed, on a form
prescribed by the appeals board, is filed. If a claim form has been
filed for an injury occurring on or after January 1, 1990, and before
January 1, 1994, an application for adjudication shall accompany the
declaration of readiness to proceed.
   (b) The administrative director shall establish a priority
calendar for issues requiring an expedited hearing and decision. A
hearing shall be held and a determination as to the rights of the
parties shall be made and filed within 30 days after the declaration
of readiness to proceed is filed if the issues in dispute are any of
the following:
   (1) The employee's entitlement to medical treatment pursuant to
Section 4600.
   (2) The employee's entitlement to, or the amount of, temporary
disability indemnity payments.
   (3) The employee's entitlement to compensation from one or more
responsible employers when two or more employers dispute liability as
among themselves.
   (4) Any other issues requiring an expedited hearing and
determination as prescribed in rules and regulations of the
administrative director.
   (c) The administrative director shall establish a priority
conference calendar for cases in which the employee is represented by
an attorney and the issues in dispute are employment or injury
arising out of employment or in the course of employment. The
conference shall be conducted by a workers' compensation
administrative law judge within 30 days after the declaration of
readiness to proceed. If the dispute cannot be resolved at the
conference, a trial shall be set as expeditiously as possible, unless
good cause is shown why discovery is not complete, in which case
status conferences shall be held at regular intervals. The case shall
be set for trial when discovery is complete, or when the workers'
compensation administrative law judge determines that the parties
have had sufficient time in which to complete reasonable discovery. A
determination as to the rights of the parties shall be made and
filed within 30 days after the trial.
   (d) The administrative director shall report quarterly to the
Governor and to the Legislature concerning the frequency and types of
issues which are not heard and decided within the period prescribed
in this section and the reasons therefor.
   (e) (1) In all cases, a mandatory settlement conference shall be
conducted not less than 10 days, and not more than 30 days, after the
filing of a declaration of readiness to proceed. If the dispute is
not resolved, the regular hearing shall be held within 75 days after
the declaration of readiness to proceed is filed.
   (2) The settlement conference shall be conducted by a workers'
compensation administrative law judge or by a referee who is eligible
to be a workers' compensation administrative law judge or eligible
to be an arbitrator under Section 5270.5. At the mandatory settlement
conference, the referee or workers' compensation administrative law
judge shall have the authority to resolve the dispute, including the
authority to approve a compromise and release or issue a stipulated
finding and award, and if the dispute cannot be resolved, to frame
the issues and stipulations for trial. The appeals board shall adopt
any regulations needed to implement this subdivision. The presiding
workers' compensation administrative law judge shall supervise
settlement conference referees in the performance of their judicial
functions under this subdivision.
   (3) If the claim is not resolved at the mandatory settlement
conference, the parties shall file a pretrial conference statement
noting the specific issues in dispute, each party's proposed
permanent disability rating, and listing the exhibits, and disclosing
witnesses. Discovery shall close on the date of the mandatory
settlement conference. Evidence not disclosed or obtained thereafter
shall not be admissible unless the proponent of the evidence can
demonstrate that it was not available or could not have been
discovered by the exercise of due diligence prior to the settlement
conference.
   (f) In cases involving the Director of the Department of
Industrial Relations in his or her capacity as administrator of the
Uninsured Employers Fund, this section shall not apply unless proof
of service, as specified in paragraph (1) of subdivision (d) of
Section 3716, has been filed with the appeals board and provided to
the Director of Industrial Relations, valid jurisdiction has been
established over the employer, and the fund has been joined.
   (g) Except as provided in subdivision (a) and in Section 4065, the
provisions of this section shall apply irrespective of the date of
injury.



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 are just upon a showing of good
cause. When determining a request for continuance, the workers'
compensation judge shall take into consideration the complexity of
the issues, the diligence of the parties, and the prejudice incurred
on the part of any party by reasons of granting or denying a
continuance.


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 summons in a civil action or in the
same manner as any notice that is authorized or required to be served
under the provisions of this division.



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 inaccurate or incomplete, or desires to
bring any fact, paper, or document to the attention of the appeals
board as a defense to the claim or otherwise, he may, within 10 days
after the service of the application upon him, file with or mail to
the appeals board his answer in such form as the appeals board may
prescribe, setting forth the particulars in which the application is
inaccurate or incomplete, and the facts upon which he intends to
rely. A copy of the answer shall be forthwith served upon all adverse
parties. Evidence upon matters not pleaded by answer shall be
allowed only upon the terms and conditions imposed by the appeals
board or referee holding the hearing.



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 terms and conditions which it deems
proper. A defendant failing to appear or answer, or subsequently
contending that no service was made upon him, or claiming to be
aggrieved in any other manner by want of notice of the pendency of
the proceedings, may apply to the appeals board for relief
substantially in accordance with the provisions of Section 473 of the
Code of Civil Procedure. The appeals board may afford such relief.
No right to relief, including the claim that the findings and award
of the appeals board or judgment entered thereon are void upon their
face, shall accrue to such defendant in any court unless prior
application is made to the appeals board in accordance with this
section. In no event shall any petition to any court be allowed
except as prescribed in Sections 5950 and 5951.




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 orally or to submit his
claim or argument in writing dismiss the application without any
hearing thereon. Such dismissal may be upon the motion of the appeals
board or upon motion of the adverse party. The pendency of such
motion or notice of intended dismissal shall not, unless otherwise
ordered by the appeals board, delay the hearing on the application
upon its merits.

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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, direct the clerk of the superior court
of any county to issue writs of attachment authorizing the sheriff to
attach the property of the defendant as security for the payment of
any compensation which may be awarded in any of the following cases:
   (a) In any case mentioned in Section 415.50 of the Code of Civil
Procedure.
   (b) Where the employer has failed to secure the payment of
compensation as required by Article 1 (commencing with Section 3700)
of Chapter 4 of Part 1.
   The attachment shall be in an amount fixed by the appeals board,
not exceeding the greatest probable award against the defendant in
the matter.


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 attachment, the appeals board being
substituted therein for the proper court.



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 affidavit in support thereof that the
employer was, at the time of the injury to the employee, insured
against liability imposed by this division by any insurer. If, at any
time after the levying of an attachment, it appears that such
employer was so insured, and the requisites for dismissing the
employer from the proceeding and substituting the insurer as
defendant under any method prescribed by this division are
established, the appeals board shall forthwith discharge the
attachment.



5603.  In levying attachments preference shall be given to the real
property of the employer.

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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 judge holding the hearing. Any hearing
adjourned by the workers' compensation judge shall be continued to be
heard by and shall be concluded and the decision made by the workers'
compensation judge who previously heard it. Either party may be
present at any hearing, in person, by attorney, or by any other
agent, and may present testimony pertinent under the pleadings.



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, or the timebooks and payroll of
the employer to be examined by any member of the board or a workers'
compensation judge appointed by the appeals board. The appeals board
may also from time to time direct any employee claiming compensation
to be examined by a regular physician. The testimony so taken and
the results of any inspection or examination shall be reported to the
appeals board for its consideration.



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 thereupon make its findings and award based
upon such stipulation, or may set the matter down for hearing and
take further testimony or make the further investigation necessary to
enable it to determine the matter in controversy.



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 sworn testimony presented in open
hearing:
   (a) Reports of attending or examining physicians.
   (1) Statements concerning any bill for services are admissible
only if made under penalty of perjury that they are true and correct
to the best knowledge of the physician.
   (2) In addition, reports are admissible under this subdivision
only if the physician has further stated in the body of the report
that there has not been a violation of Section 139.3 and that the
contents of the report are true and correct to the best knowledge of
the physician. The statement shall be made under penalty of perjury.
   (b) Reports of special investigators appointed by the appeals
board or a workers' compensation judge to investigate and report upon
any scientific or medical question.
   (c) Reports of employers, containing copies of timesheets, book
accounts, reports, and other records properly authenticated.
   (d) Properly authenticated copies of hospital records of the case
of the injured employee.
   (e) All publications of the Division of Workers' Compensation.
   (f) All official publications of the State of California and
United States governments.
   (g) Excerpts from expert testimony received by the appeals board
upon similar issues of scientific fact in other cases and the prior
decisions of the appeals board upon similar issues.
   (h) Relevant portions of medical treatment protocols published by
medical specialty societies. To be admissible, the party offering
such a protocol or portion of a protocol shall concurrently enter
into evidence information regarding how the protocol was developed,
and to what extent the protocol is evidence-based, peer-reviewed, and
nationally recognized. If a party offers into evidence a portion of
a treatment protocol, any other party may offer into evidence
additional portions of the protocol. The party offering a protocol,
or portion thereof, into evidence shall either make a printed copy of
the full protocol available for review and copying, or shall provide
an Internet address at which the entire protocol may be accessed
without charge.
   (i) The medical treatment utilization schedule in effect pursuant
to Section 5307.27 or the guidelines in effect pursuant to Section
4604.5.



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 cost, direct an unrepresented
employee to be examined by a qualified medical evaluator selected by
the appeals board, within the scope of the qualified medical
evaluator's professional training, upon any clinical question then at
issue before the appeals board.
   (b) The administrative director or his or her designees, upon the
submission of a matter to an information and assistance officer, may,
upon the agreement of a party to pay the cost, and with the consent
of an unrepresented employee direct the injured employee to be
examined by a qualified medical evaluator selected by the medical
director, within the scope of the qualified medical evaluator's
professional training, upon any clinical question, other than those
issues specified in Section 4061, then pertinent to the investigation
of the information and assistance officer.
   (c) The 1989 and 1990 amendments to this section shall become
operative for injuries occurring on and after January 1, 1991.




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 hearing, shall be served upon the
parties to the proceeding, and an opportunity shall be given to
produce evidence in explanation or rebuttal thereof before decision
is rendered.



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 rests upon the employer to
establish them:
   (a) That an injured person claiming to be an employee was an
independent contractor or otherwise excluded from the protection of
this division where there is proof that the injured person was at the
time of his or her injury actually performing service for the
alleged employer.
   (b) Intoxication of an employee causing his or her injury.
   (c) Willful misconduct of an employee causing his or her injury.
   (d) Aggravation of disability by unreasonable conduct of the
employee.
   (e) Prejudice to the employer by failure of the employee to give
notice, as required by Sections 5400 and 5401.



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 in the course of his employment, the
appeals board may require an autopsy. The report of the physician
performing the autopsy may be received in evidence in any proceedings
theretofore or thereafter brought. If at the time the autopsy is
requested, the body of the employee is in the custody of the coroner,
the coroner shall, upon the request of the appeals board or of any
party interested, afford reasonable opportunity for the attendance of
any physicians named by the appeals board at any autopsy ordered by
him. If the coroner does not require, or has already performed the
autopsy, he shall permit an autopsy or reexamination to be performed
by physicians named by the appeals board. No fee shall be charged by
the coroner for any service, arrangement, or permission given by him.



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 exhumation of the body therefor. If
the dependents, or a majority thereof, of any such deceased employee,
having the custody of the body refuse to allow the autopsy, it shall
not be performed. In such case, upon the hearing of any application
for compensation it is a disputable presumption that the injury or
death was not due to causes entitling the claimants to benefits under
this division.



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 procedures adopted by the appeals board. In
the conduct thereof they shall not be bound by the common law or
statutory rules of evidence and procedure, but may make inquiry in
the manner, through oral testimony and records, which is best
calculated to ascertain the substantial rights of the parties and
carry out justly the spirit and provisions of this division. All oral
testimony, objections, and rulings shall be taken down in shorthand
by a competent phonographic reporter.



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 division. No order, decision, award,
or rule shall be invalidated because of the admission into the
record, and use as proof of any fact in dispute, of any evidence not
admissible under the common law or statutory rules of evidence and
procedure.



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, cause the deposition of witnesses
residing within or without the state to be taken in the manner
prescribed by law for like depositions in civil actions in the
superior courts of this state under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure. To that end the
attendance of witnesses and the production of records may be
required. Depositions may be taken outside the state before any
officer authorized to administer oaths. The appeals board or a
workers' compensation judge in any proceeding before the appeals
board may cause evidence to be taken in other jurisdictions before
the agency authorized to hear workers' compensation matters in those
other jurisdictions.
   (b) Where the employer or insurance carrier requests a deposition
to be taken of an injured employee, or any person claiming benefits
as a dependent of an injured employee, the deponent is entitled to
receive in addition to all other benefits:
   (1) All reasonable expenses of transportation, meals, and lodging
incident to the deposition.
   (2) Reimbursement for any loss of wages incurred during attendance
at the deposition.
   (3) A copy of the transcript of the deposition, without cost.
   (4) A reasonable allowance for attorney's fees for the deponent,
if represented by an attorney licensed by the State Bar of this
state. The fee shall be discretionary with, and, if allowed, shall be
set by, the appeals board, but shall be paid by the employer or his
or her insurer.
   (5) A reasonable allowance for interpreter's fees for the
deponent, if interpretation services are needed and provided by a
language interpreter certified or deemed certified pursuant to
Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1
of Division 3 of Title 2 of, or Section 68566 of, the Government
Code. The fee shall be in accordance with the fee schedule set by the
administrative director and paid by the employer or his or her
insurer. Payment for interpreter's services shall be allowed for
deposition of a non-English-speaking injured worker, and for any
other deposition-related events as permitted by the administrative
director.

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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 in civil actions on all due
and unpaid payments from the date of the making and filing of said
award. Such interest shall run from the date of making and filing of
an award, as to amounts which by the terms of the award are payable
forthwith. As to amounts which under the terms of the award
subsequently become due in installments or otherwise, such interest
shall run from the date when each such amount becomes due and
payable.



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 decision within such 30-day period shall be
deemed mandatory and not merely directive.



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 the weekly disability payment to be
made and order payment thereof during the continuance of disability.
   In the event the injured employee or the dependent of a deceased
employee prevails in any petition by the employer for a writ of
review from an award of the appeals board and the reviewing court
finds that there is no reasonable basis for the petition, it shall
remand the cause to the appeals board for the purpose of making a
supplemental award awarding to the injured employee or his attorney,
or the dependent of a deceased employee or his attorney a reasonable
attorney's fee for services rendered in connection with the petition
for writ of review. Any such fee shall be in addition to the amount
of compensation otherwise recoverable and shall be paid as part of
the award by the party liable to pay such award.



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 disability had resulted therefrom, but it is not
proved that any disability has resulted, the appeals board may,
instead of dismissing the application, award a nominal disability
indemnity, if it appears that disability is likely to result at a
future time.



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 decisions and orders of the rehabilitation
unit established under Section 139.5. At any time, upon notice and
after an opportunity to be heard is given to the parties in interest,
the appeals board may rescind, alter, or amend any order, decision,
or award, good cause appearing therefor.
   This power includes the right to review, grant or regrant,
diminish, increase, or terminate, within the limits prescribed by
this division, any compensation awarded, upon the grounds that the
disability of the person in whose favor the award was made has either
recurred, increased, diminished, or terminated.



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 be sufficient grounds for a
reconsideration of that order, decision, or award.




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 filed within such five years and any
counterpetition seeking other relief filed by the adverse party
within 30 days of the original petition raising issues in addition to
those raised by such original petition. Provided, however, that
after an award has been made finding that there was employment and
the time to petition for a rehearing or reconsideration or review has
expired or such petition if made has been determined, the appeals
board upon a petition to reopen shall not have the power to find that
there was no employment.



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, decisions, and awards.



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 any county. Judgment shall be entered
immediately by the clerk in conformity therewith. The words "any
party affected thereby" include the Uninsured Employers Fund. In any
case in which the findings and order, decision, or award of the
appeals board is against an employer that has failed to secure the
payment of compensation, the State of California on behalf of the
Uninsured Employers Fund shall be entitled to have judgment entered
not only against the employer, but also against any person found to
be parents or substantial shareholders under Section 3717.




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, all orders of the appeals board, its
original findings and order, decision, or award, and all other papers
and documents filed in the cause shall remain on file in the office
of the appeals board.



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 appearing therefor and may impose the
terms and conditions of the stay of execution. A certified copy of
such order shall be filed with the clerk entering judgment. Where it
is desirable to stay the enforcement of an order, decision, or award
and a certified copy thereof and of the findings has not been issued,
the appeals board or a member thereof may order the certified copy
to be withheld with the same force and under the same conditions as
it might issue a stay of execution if the certified copy had been
issued and judgment entered thereon.


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 entry of satisfaction of the judgment. The
clerk shall enter satisfaction of judgment only upon the filing of a
certified copy of such order.


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 to 5956 within the time and in the
manner therein specified and not otherwise.




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 awards as judgments and for certified
copies of transcripts thereof. In all proceedings under this division
before the appeals board, costs as between the parties may be
allowed by the appeals board.
   (b) It shall be the responsibility of any party producing a
witness requiring an interpreter to arrange for the presence of a
qualified interpreter. A qualified interpreter is a language
interpreter who is certified, or deemed certified, pursuant to
Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1
of Division 3 of Title 2 of, or Section 68566 of, the Government
Code.
   Interpreter fees which are reasonably, actually, and necessarily
incurred shall be allowed as cost under this section, provided they
are in accordance with the fee schedule set by the administrative
director.
   A qualified interpreter may render services during the following:
   (1) A deposition.
   (2) An appeals board hearing.
   (3) During those settings which the administrative director
determines are reasonably necessary to ascertain the validity or
extent of injury to an employee who cannot communicate in English.




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 fees and costs, incurred by another
party as a result of bad-faith actions or tactics that are frivolous
or solely intended to cause unnecessary delay. In addition, a workers'
compensation referee or the appeals board, in its sole discretion,
may order additional sanctions not to exceed two thousand five
hundred dollars ($2,500) to be transmitted to the General Fund.
   (b) The determination of sanctions shall be made after written
application by the party seeking sanctions or upon the appeal board's
own motion.
   (c) This section shall apply to all applications for adjudication
that are filed on or after January 1, 1994.


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 unreasonably delayed or refused
shall be increased up to 25 percent or up to ten thousand dollars
($10,000), whichever is less. In any proceeding under this section,
the appeals board shall use its discretion to accomplish a fair
balance and substantial justice between the parties.
   (b) If a potential violation of this section is discovered by the
employer prior to an employee claiming a penalty under this section,
the employer, within 90 days of the date of the discovery, may pay a
self-imposed penalty in the amount of 10 percent of the amount of the
payment unreasonably delayed or refused, along with the amount of
the payment delayed or refused. This self-imposed penalty shall be in
lieu of the penalty in subdivision (a).
   (c) Upon the approval of a compromise and release, findings and
awards, or stipulations and orders by the appeals board, it shall be
conclusively presumed that any accrued claims for penalty have been
resolved, regardless of whether a petition for penalty has been
filed, unless the claim for penalty is expressly excluded by the
terms of the order or award. Upon the submission of any issue for
determination at a regular trial hearing, it shall be conclusively
presumed that any accrued claim for penalty in connection with the
benefit at issue has been resolved, regardless of whether a petition
for penalty has been filed, unless the issue of penalty is also
submitted or is expressly excluded in the statement of issues being
submitted.
   (d) The payment of any increased award pursuant to subdivision (a)
shall be reduced by any amount paid under subdivision (d) of Section
4650 on the same unreasonably delayed or refused benefit payment.
   (e) No unreasonable delay in the provision of medical treatment
shall be found when the treatment has been authorized by the employer
in a timely manner and the only dispute concerns payment of a
billing submitted by a physician or medical provider as provided in
Section 4603.2.
   (f) Nothing in this section shall be construed to create a civil
cause of action.
   (g) Notwithstanding any other provision of law, no action may be
brought to recover penalties that may be awarded under this section
more than two years from the date the payment of compensation was
due.
   (h) This section shall apply to all injuries, without regard to
whether the injury occurs before, on, or after the operative date of
this section.
   (i) This section shall become operative on June 1, 2004.



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 compensation pursuant to Section
4903.3, the appeals board shall award to the director a penalty to be
paid by the employer in the amount of 10 percent of the compensation
so provided by the director, such penalty to be in addition to the
penalty imposed by Section 5814. The question of delay and the
reasonableness of the cause therefor shall be determined by the
appeals board in accordance with the facts.



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 compensation pursuant to
Section 3700, the appeals board shall, in addition to increasing the
order, decision, or award pursuant to Section 5814, award reasonable
attorneys' fees incurred in enforcing the payment of compensation
awarded.



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 penalties of not to exceed four hundred
thousand dollars ($400,000). Penalty payments shall be imposed by the
administrative director and deposited into the Return-to-Work Fund
established pursuant to Section 139.48.
   (b) The administrative director may impose a penalty under either
this section or subdivision (e) of Section 129.5.
   (c) This section shall become operative on June 1, 2004.



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 determination by the appeals board prior
thereto and not theretofore determined. Any issue not so determined
will be deemed decided adversely as to the party in whose interest
such issue was raised.



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 litigation of those same facts in
the criminal proceeding.

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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 under any provision contained in this
division, may petition the appeals board for reconsideration in
respect to any matters determined or covered by the final order,
decision, or award, and specified in the petition for
reconsideration. The petition shall be made only within the time and
in the manner specified in this chapter.
   (b) At any time within 60 days after the filing of an order,
decision, or award made by a workers' compensation judge and the
accompanying report, the appeals board may, on its own motion, grant
reconsideration.


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 court to any person until and
unless the appeals board on its own motion sets aside the final
order, decision, or award and removes the proceeding to itself or if
the person files a petition for reconsideration, and the
reconsideration is granted or denied. Nothing herein contained shall
prevent the enforcement of any final order, decision, or award, in
the manner provided in this division.


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 award made and filed by the appeals
board or a workers' compensation judge to be unjust or unlawful, and
every issue to be considered by the appeals board. The petition shall
be verified upon oath in the manner required for verified pleadings
in courts of record and shall contain a general statement of any
evidence or other matters upon which the applicant relies in support
thereof.


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 granting or denying compensation, or
arising out of or incidental thereto, any person aggrieved thereby
may petition for reconsideration upon one or more of the following
grounds and no other:
   (a) That by the order, decision, or award made and filed by the
appeals board or the workers' compensation judge, the appeals board
acted without or in excess of its powers.
   (b) That the order, decision, or award was procured by fraud.
   (c) That the evidence does not justify the findings of fact.
   (d) That the petitioner has discovered new evidence material to
him or her, which he or she could not, with reasonable diligence,
have discovered and produced at the hearing.
   (e) That the findings of fact do not support the order, decision,
or award.
   Nothing contained in this section shall limit the grant of
continuing jurisdiction contained in Sections 5803 to 5805,
inclusive.



5904.  The petitioner for reconsideration shall be deemed to have
finally waived all objections, irregularities, and illegalities
concerning the matter upon which the reconsideration is sought other
than those set forth in the petition for reconsideration.




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 may file an answer thereto within
10 days thereafter. Such answer shall likewise be verified. The
appeals board may require the petition for reconsideration to be
served on other persons designated by it.



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 proceedings and with or without notice
affirm, rescind, alter, or amend the order, decision, or award made
and filed by the appeals board or the workers' compensation judge on
the basis of the evidence previously submitted in the case, or may
grant reconsideration and direct the taking of additional evidence.
Notice of the time and place of any hearing on reconsideration shall
be given to the petitioner and adverse parties and to other persons
as the appeals board orders.


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, the appeals board may affirm,
rescind, alter, or amend the order, decision, or award made and filed
by the appeals board or the workers' compensation judge and may,
without further proceedings, without notice, and without setting a
time and place for further hearing, enter its findings, order,
decision, or award based upon the record in the case.



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, decision, or award. An
order, decision, or award made following reconsideration which
affirms, rescinds, alters, or amends the original order, decision, or
award shall be made by the appeals board but shall not affect any
right or the enforcement of any right arising from or by virtue of
the original order, decision, or award, unless so ordered by the
appeals board.
   (b) In any case where the appeals board rescinds or reduces an
order, decision, or award on the grounds specified in paragraph (b)
of Section 5903, the appeals board shall refer the case to the Bureau
of Fraudulent Claims pursuant to Article 4 (commencing with Section
12990) of Chapter 2 of Division 3 of the Insurance Code, if the
employer is insured, or to the district attorney of the county in
which the fraud occurred if the employer is self-insured.



5908.5.  Any decision of the appeals board granting or denying a
petition for reconsideration or affirming, rescinding, altering, or
amending the original findings, order, decision, or award following
reconsideration shall be made by the appeals board and not by a
workers' compensation judge and shall be in writing, signed by a
majority of the appeals board members assigned thereto, and shall
state the evidence relied upon and specify in detail the reasons for
the decision.
   The requirements of this section shall in no way be construed so
as to broaden the scope of judicial review as provided for in Article
2 (commencing with Section 5950) of this chapter.



5909.  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 of filing.


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 to the petition, unless
otherwise ordered by the appeals board. The appeals board upon the
terms and conditions which it by order directs, may stay, suspend, or
postpone the order, decision, or award during the pendency of the
reconsideration.



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 reconsideration of an original order,
decision, or award made and filed by the appeals board within the
same time specified for reconsideration of an original order,
decision, or award.

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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 the court of appeal for the
appellate district in which he resides, for a writ of review, for the
purpose of inquiring into and determining the lawfulness of the
original order, decision, or award or of the order, decision, or
award following reconsideration. The application for writ of review
must be made within 45 days after a petition for reconsideration is
denied, or, if a petition is granted or reconsideration is had on the
appeal board's own motion, within 45 days after the filing of the
order, decision, or award following reconsideration.



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 record in the case to the court
within the time therein specified. No new or additional evidence
shall be introduced in such court, but the cause shall be heard on
the record of the appeals board, as certified to by it.



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:
   (a) The appeals board acted without or in excess of its powers.
   (b) The order, decision, or award was procured by fraud.
   (c) The order, decision, or award was unreasonable.
   (d) The order, decision, or award was not supported by substantial
evidence.
   (e) If findings of fact are made, such findings of fact support
the order, decision, or award under review.
   Nothing in this section shall permit the court to hold a trial de
novo, to take evidence, or to exercise its independent judgment on
the evidence.


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 include ultimate facts and the
findings and conclusions of the appeals board. The appeals board and
each party to the action or proceeding before the appeals board shall
have the right to appear in the review proceeding. Upon the hearing,
the court shall enter judgment either affirming or annulling the
order, decision, or award, or the court may remand the case for
further proceedings before the appeals board.



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 of this article. A copy of every
pleading filed pursuant to the terms of this article shall be served
on the appeals board and upon every party who entered an appearance
in the action before the appeals board and whose interest therein is
adverse to the party filing such pleading.



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 annul any order, rule, decision, or
award of the appeals board, or to suspend or delay the operation or
execution thereof, or to restrain, enjoin, or interfere with the
appeals board in the performance of its duties but a writ of mandate
shall lie from the Supreme Court or a court of appeal in all proper
cases.


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 the appeals board, but the court
before which the petition is filed may stay or suspend, in whole or
in part, the operation of the order, decision, or award of the
appeals board subject to review, upon the terms and conditions which
it by order directs, except as provided in Article 3 of this chapter.

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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 time be stayed by the court to which
petition is made for a writ of review, unless an undertaking is
executed on the part of the petitioner.



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, decision, or award appealed from, or any part
thereof, is affirmed, or the proceeding upon review is dismissed, the
petitioner will pay the amount directed to be paid by the order,
decision, or award or the part of such amount as to which the order,
decision, or award is affirmed, and all damages and costs which are
awarded against the petitioner.
   (c) If the petitioner does not make such payment within 30 days
after the filing with the appeals board of the remittitur from the
reviewing court, judgment in favor of the adverse party may be
entered on motion of the adverse party, and the undertaking shall
apply to any judgment entered thereon. Such judgment may be entered
in any superior court in which a certified copy of the order,
decision, or award is filed, against the sureties for such amount,
together with interest that is due thereon, and the damages and costs
which are awarded against the petitioner. The provisions of the Code
of Civil Procedure, except insofar as they are inconsistent with
this division, are applicable to the undertaking.



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 undertaking, is sufficient evidence
of the compliance of the petitioner with the provisions of this
article.

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6100.  The purpose of this division is to effect economy,
efficiency, and continuity in the public service by providing means
for increasing the willingness of competent persons to assume the
risk of injuries or death in State employment and for restoring
experienced employees to productive work at the earliest possible
moment following injury in the course of and arising out of State
employment, irrespective of fault, in circumstances which make the
injury or resulting death noncompensable under the provisions of
Division 4 of this code.


6101.  Unless the context otherwise requires, as used in this
division:
   (a) "State agency" means any agency, department, division,
commission, board, bureau, officer, or other authority of the State
of California.
   (b) "Fund" means State Compensation Insurance Fund.
   (c) "Appeals board" means the Workers' Compensation Appeals Board.

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6110.  Any State agency may, by appropriate action, undertake to
provide hospitalization, medical treatment and indemnity, including
death benefits, to its employees and to their dependents for injury
or death suffered from accident, irrespective of fault, occurring in
the course of and arising out of the employment with such State
agency, where the injury or death is not compensable under the
provisions of Division 4 of this code.



6111.  The State Compensation Insurance Fund may enter into a master
agreement with the State Department of Finance to render services in
accordance with the agreement in the adjustment and disposition of
claims against any State agency arising under this chapter.



6112.  The master agreement shall provide for the rendition of
services at a uniform rate to all State agencies.



6113.  The fund may make all expenditures, including payments to
claimants for medical care or for adjustment or settlement of claims.



6114.  The agreement shall provide that the State agency whose
officer or employee is a claimant shall reimburse the fund for the
expenditures and for the actual cost of services rendered.



6115.  The fund may in its own name, or in the name of the State
agency for which services are performed, do any and all things
necessary to recover on behalf of the State agency any and all
amounts which an employer might recover from third persons under
Chapter 5 of Part 1 of Division 4 of this code, or which an insurer
might recover pursuant to Section 11662 of the Insurance Code,
including the rights to commence and prosecute actions or to
intervene in other court proceedings, or to compromise claims before
or after commencement of suit.

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6130.  In lieu of direct payments pursuant to Chapter 2 of this
division, any State agency may obtain by insurance from the State
Compensation Insurance Fund, if the fund accepts the risk when the
application for insurance is made, otherwise from any other insurer,
hospitalization, medical treatment, and indemnity, including death
benefits, on behalf of its employees and of their dependents for
injury or death suffered from accident, irrespective of fault,
occurring in the course of and arising out of the employment with
such State agency, where the injury or death is not compensable under
the provisions of Division 4 of this code.




6131.  The premium for such insurance shall be a proper charge
against any moneys appropriated for the support of or expenditure by
such State agency. In case such State agency is supported by or
authorized to expend moneys appropriated out of more than one fund,
it may, with the approval of the Director of Finance, determine the
proportion of such premium to be paid out of each such fund.

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6140.  The hospitalization, medical treatment, and indemnity,
including death benefits, provided pursuant to this division shall be
the same as provided by Division 4 of this code for employees
entitled to the benefits of that division.


6141.  Except as otherwise provided in this chapter, the provisions
of Division 4 of this code, relating to benefits, procedure, and
limitations, and all other provisions of that division, so far as
they are consistent with the intent and purpose of this division, are
made a part hereof the same as if set forth herein verbatim.




6142.  The provisions of Sections 3212, 3212.5, 3361, 4458, and 4800
to 4855, inclusive, of this code, as well as of other sections of
Division 4 of this code, which are restrictive to particular persons
or occupations, are excepted from this division and its operation.



6143.  The appeals board is vested with all power not inconsistent
with Article VI of the Constitution of the State of California to
hear and determine any dispute or matter arising out of an obligation
under this division to provide directly, or through the medium of
insurance, benefits identical with those prescribed by Division 4 of
this code, with such limitations as are authorized, in the case of
insurance, by Section 11657 of the Insurance Code.



6144.  The appeals board may try and determine controversies under
this division referred to it by the parties under the provisions of
Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure, when such controversies are submitted to it by the signed
agreement of the parties, or by the application of one party and the
submission of the other to its jurisdiction, with or without an
express request for arbitration.



6145.  The state, acting by or through any state agency, or when the
consent of the opposing party is obtained, shall submit to the
appeals board all controversies under this division susceptible of
being arbitrated.


6146.  In acting as arbitrator, the appeals board has all the powers
which it has in compensation cases, and its findings and award upon
an arbitration have the same conclusiveness and are subject to the
same mode of reopening, review, and enforcement as in compensation
cases.
   No fee or cost shall be charged by the appeals board for acting as
arbitrator.



6147.  No state agency, either directly or through its adjusting
agency, the State Compensation Insurance Fund, shall pay or provide
any benefit authorized by this division unless and until the claimant
makes and delivers to such state agency or to the fund an agreement
in writing that if he, or his dependents in the event of his death,
elects or elect to bring suit against the state with respect to the
injury or death, except an action before the appeals board pursuant
to the provisions of this division, or an action against the state
for damages resulting from the negligence of an employee of another
state agency, he or they will allow, and take all proper measures to
effect, a credit to the reasonable value of all benefits which he or
they have received under the provisions of this division, deductible
from any verdict or judgment obtained in such suit, and from the date
of commencement of suit will forego further benefits under this
division.



6148.  The insurer, when insurance exists, shall not pay or provide
any benefit authorized by this division unless and until the claimant
makes and delivers to the insurer an agreement in writing that if
he, or his dependents in the event of his death, elects or elect to
bring suit against the state or the insurer with respect to the
injury or death, except an action before the appeals board pursuant
to the provisions of this division, or an action against the state
for damages resulting from the negligence of an employee of another
state agency, he or they will allow, and take all proper measures to
effect, a credit to the reasonable value of all benefits which he or
they have received under the provisions of this division, deductible
from any verdict or judgment obtained in such suit, and from the date
of commencement of suit will forego further benefits under such
insurance.



6149.  Nothing shall preclude an employee from negotiating the
agreement mentioned in Sections 6147 and 6148 prior to the occurrence
of injury.

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6200.  Every public agency, its insurance carrier, and the State
Department of Rehabilitation shall jointly formulate procedures for
the selection and orderly referral of injured full-time public
employees who may be benefited by rehabilitation services and
retrained for other positions in public service. The State Department
of Rehabilitation shall cooperate in both designing and monitoring
results of rehabilitation programs for the disabled employees. The
primary purpose of this division is to encourage public agencies to
reemploy their injured employees in suitable and gainful employment.



6201.  The employer or insurance carrier shall notify the injured
employee of the availability of rehabilitation services in those
cases where there is continuing disability of 28 days and beyond.
Notification shall be made at the time the employee is paid
retroactively for the first day of disability (in cases of 28 days of
continuing disability or hospitalization) which has previously been
uncompensated. A copy of said notification shall be forwarded to the
State Department of Rehabilitation.



6202.  The initiation of a rehabilitation plan shall be the joint
responsibility of the injured employee, and the employer or the
insurance carrier.


6203.  If a rehabilitation plan requires an injured employee to
attend an educational or medical facility away from his home, the
injured employee shall be paid a reasonable and necessary subsistence
allowance in addition to temporary disability indemnity. The
subsistence allowance shall be regarded neither as indemnity nor as
replacement for lost earnings, but rather as an amount reasonable and
necessary to sustain the employee. The determination of need in a
particular case shall be established as part of the rehabilitation
plan.


6204.  An injured employee agreeing to a rehabilitation plan shall
cooperate in carrying it out. On his unreasonable refusal to comply
with the provisions of the rehabilitation plan, the injured employee'
s rights to further subsistence shall be suspended until compliance
is obtained, except that the payment of temporary or permanent
disability indemnity, which would be payable regardless of the
rehabilitation plan, shall not be suspended.



6205.  The injured employee may agree with his employer or insurance
carrier upon a rehabilitation plan without submission of such plan
for approval to the State Department of Rehabilitation. Provision of
service under such plans shall be at no cost to the State General
Fund.


6206.  The injured employee shall receive such medical and
vocational rehabilitative services as may be reasonably necessary to
restore him to suitable employment.



6207.  The injured employee's rehabilitation benefit is an
additional benefit and shall not be converted to or replace any
workmen's compensation benefit available to him.



6208.  The initiation and acceptance of a rehabilitation program
shall be voluntary and not compulsory upon the employer, the
insurance carrier, or the injured employee.