SB 258, as amended, Lieu. Workers’ compensation: advertisements.
begin insertExisting law establishes the 7-member Workers’ Compensation Appeals Board, and provides that the members of the appeals board are appointed by the Governor with the advice and consent of the Senate. Existing law requires that 5 of the 7 members of the board be experienced attorneys admitted to practice in the State of California, and provides that the other 2 members need not be attorneys.
end insertbegin insertThis bill would require that all 7 members of the board be experienced attorneys admitted to practice in the State of California.
end insertExisting law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to promulgate regulations regarding advertisements relating to workers’ compensation, and requires the administrative director to take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers’ compensation.
end deleteThis bill would make technical, nonsubstantive changes to these provisions.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 112 of the end insertbegin insertLabor Codeend insertbegin insert is amended to
2read:end insert
begin insert(a)end insertbegin insert end insert The members of the appeals board shall be appointed
4by the Governor with the advice and consent of the Senate. The
5term of office of the members appointed prior to January 1, 1990,
6shall be four years, and the term of office of members appointed
7on or after January 1, 1990, shall be six years and they shall hold
8office until the appointment and qualification of their successors.
9Five
end delete
10begin insert(b)end insertbegin insert end insertbegin insertAllend insert of the members of the appeals board shall be experienced
11attorneys at law admitted to practice in the State of California.begin delete The
All members
12other two members need not be attorneys at law.end delete
13shall be selected with due consideration of their judicial
14temperament and abilities. Each member shall receive the salary
15provided for by Chapter 6 (commencing with Section 11550) of
16Part 1 of Division 3 of Title 2 of the Government Code.
Section 139.45 of the Labor Code is amended to
18read:
(a) In promulgating regulations pursuant to Sections
20139.4 and 139.43, the administrative director shall take particular
21care to preclude any advertisements with respect to industrial
22injuries or illnesses that are false or that mislead the public with
23respect to workers’ compensation. In promulgating rules with
24respect to advertising, the State Bar and physician licensing boards
25shall also take particular care to achieve the same goal.
26(b) For purposes of subdivision (a), false or misleading
27advertisements shall include advertisements that do any of the
28following:
29(1) Contain an untrue statement.
30(2) Contain any matter, or present or arrange any matter in a
31manner or format that is false, deceptive, or that tends to confuse,
32deceive, or mislead.
33(3) Omit any fact necessary to make the statement made, in the
34light of the circumstances under which the statement is made, not
35misleading.
P3 1(4) Are transmitted in any manner that involves coercion, duress,
2compulsion, intimidation, threats, or vexatious or harassing
3conduct.
4(5) Entice a person to respond by the offering of any
5consideration, including a good or service but excluding free
6medical evaluations or treatment, that would be provided either at
7no charge or for less than market value. No free medical evaluation
8or treatment shall be offered for the
purpose of defrauding any
9entity.
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