BILL NUMBER: AB 1557	CHAPTERED  10/01/03

	CHAPTER  638
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2003
	PASSED THE SENATE  SEPTEMBER 12, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2003
	AMENDED IN SENATE  SEPTEMBER 12, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  APRIL 30, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Vargas

                        FEBRUARY 21, 2003

   An act to add Section 4610.1 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1557, Vargas.  Workers' compensation.
   Existing law provides that when payment of workers' compensation
has been unreasonably delayed or refused, either prior to or
subsequent to the issuance of an award, the full amount of the order,
decision, or award shall be increased by 10%.
   This bill would provide that an employee shall not be entitled to
an increase in compensation for unreasonable delay in the provision
of medical treatment for periods of time necessary to complete a
utilization review process, as prescribed.
   The bill would provide that its provisions would become operative
only if SB 228 of the 2003-04 Regular Session is enacted and becomes
operative.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4610.1 is added to the Labor Code, to read:
   4610.1.  An employee shall not be entitled to an increase in
compensation under Section 5814 for unreasonable delay in the
provision of medical treatment for periods of time necessary to
complete the utilization review process in compliance with Section
4610.  A determination by the appeals board that medical treatment is
appropriate shall not be conclusive evidence that medical treatment
was unreasonably delayed or denied for purposes of penalties under
Section 5814.  In no case shall this section preclude an employee
from entitlement to an increase in compensation under Section 5814
when an employer has unreasonably delayed or denied medical treatment
due to an unreasonable delay in completion of the utilization review
process set forth in Section 4610.
  SEC. 2.  This act shall become operative only if Senate Bill 228 of
the 2003-04 Regular Session is enacted and becomes operative.