Amended in Senate April 1, 2013

Senate Bill No. 375

Introduced by Committee on Labor and Industrial Relations (Senators Lieu (Chair), Hill, Lara, Leno, and Wyland)

February 20, 2013

begin delete An act to amend Section 70 of the Labor Code, relating to employment. end delete begin insert An act to amend Section 4903.6 of the Labor Code, relating to workers’ compensation. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 375, as amended, Committee on Labor and Industrial Relations. begin delete Employment: Industrial Welfare Commission. end delete begin insert Workers’ compensation: liens. end insert

begin insert

Existing 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 workers’ compensation law authorizes the Workers’ Compensation Appeals Board to determine and allow specified expenses as liens against any sum to be paid as compensation.

end insert begin insert

This bill would correct an erroneous cross-reference with regard to whether or not a lien claimant is entitled to medical information, as defined.

end insert begin delete

Existing law establishes the Industrial Welfare Commission within the Department of Industrial Relations and specifies that the commission consists of 5 members appointed by the Governor with the consent of the Senate.

end delete begin delete

This bill would make nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 4903.6 of the end insert begin insert Labor Code end insert begin insert is amended to
read: end insert

4903.6.  

(a) Except as necessary to meet the requirements of
Section 4903.5, a lien claim or application for adjudication shall
not be filed or served under subdivision (b) of Section 4903 until
both of the following have occurred:

(1) Sixty days have elapsed 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) Either of the following:

(A) The time provided for payment of medical treatment bills
pursuant to Section 4603.2 has expired and, if the employer
objected to the amount of the bill, the reasonable fee has been
determined pursuant to Section 4603.6, and, if authorization for
the medical treatment has been disputed pursuant to Section 4610,
the medical necessity of the medical treatment has been determined
pursuant to Sections 4610.5 and 4610.6.

(B) The time provided for payment of medical-legal expenses
pursuant to Section 4622 has expired and, if the employer objected
to the amount of the bill, the reasonable fee has been determined
pursuant to Section 4603.6.

(b) All lien claimants under Section 4903 shall notify the
employer and the employer’s representative, if any, and the
employee and his or her representative, if any, and the appeals
board within five working days of obtaining, changing, or
discharging representation by an attorney or nonattorney
representative. The notice shall set forth the legal name, address,
and telephone number of the attorney or nonattorney representative.

(c) A declaration of readiness to proceed shall not 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.

(d) With the exception of a lien for services provided by a
physician as defined in Section 3209.3, no lien claimant shall be
entitled to any medical information, as defined in subdivision (g)
of Section begin delete 50.05 end delete begin insert 56.05 end insert of the Civil Code, about an injured worker
without prior written approval of the appeals board. Any order
authorizing disclosure of medical information to a lien claimant
other than a physician shall specify the information to be provided
to the lien claimant and include a finding that begin delete such end delete begin insert the end insert information
is relevant to the proof of the matter for which the information is
sought. 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.

(e) 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.

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SECTION 1.  

Section 70 of the Labor Code is amended to read:

70.  

There is in the Department of Industrial Relations the
Industrial Welfare Commission, which shall consist of five
members who shall be appointed by the Governor, with the consent
of the Senate.

end delete