Managing Employee Injuries and Disability and Occupational Safety

Labor Code Section 3202. As of April 19, 2004 all parties and lien claimant must meet the evidentiary burden of proof by a preponderance of the evidence.

1. A DMINISTRATION OF C ALIFORNIA P LAN Under the California Plan, employers or their insurance carriers make the initial determination of the validity of the employee’s workers’ compensation claim. Litigated cases are heard and determined by the Workers’ Compensation Appeals Board (WCAB). The WCAB is a regularly constituted court of law. The court is a tribunal of limited jurisdiction with the unique feature of having special bureaus to assist it and facilitate the litigation before it. 2. D EPARTMENT OF I NDUSTRIAL R ELATIONS Administration of the workers’ compensation statute rests with the Department of Industrial Relations, Division of Workers’ Compensation. The Division is responsible for the administration of the dispute resolution system, oversight of district offices, providing non- litigation services for injured workers, and providing administrative support for the WCAB. The Division is divided into four main offices: Injured Worker Services, Legal Services, Administrative Support, and WCAB Administration. The Division is headed by an administrative director. 3. A DMINISTRATIVE D IRECTOR The head of the Division of Workers’ Compensation is the Administrative Director. The Administrative Director is appointed by the governor and serves at the governor’s pleasure. Labor Code Section 51. The Director makes all appointments within the Division and is in charge of the various bureaus which assist the Appeals Board. The Administrative Director may adopt, amend or repeal such regulations as are reasonably necessary to enforce the provisions of the workers’ compensation law. Specifically, he will adopt rules establishing a schedule of violations and civil penalties for faulty benefit delivery (Labor Code Section 129.5); and specifying the manner in which workers are to be informed about such rights as rehabilitation, permanent disability, medical evaluations, services, and attorneys’ fees. 4. Q UALIFIED M EDICAL E VALUATORS The Administrative Director appoints Qualified Medical Evaluators who serve two-year terms. The Qualified Medical Evaluators must be board certified or qualified and have an active practice of which 33% or 1/3 is direct patient care or have served as an Agreed Medical Examiner at least eight times during the twelve months before applying. Labor Code Section 139.2.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 10