BILL NUMBER: SB 375	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

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

                        FEBRUARY 20, 2013

    An act to amend Section 70 of the Labor Code, relating to
employment.   An act to amend Section 4903.6 of the
Labor Code, relating to workers' compensation. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 375, as amended, Committee on Labor and Industrial Relations.
 Employment: Industrial Welfare Commission.  
Workers' compensation: liens.  
   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.  
   This bill would correct an erroneous cross-reference with regard
to whether or not a lien claimant is entitled to medical information,
as defined.  
   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.  
   This bill would make nonsubstantive changes to those provisions.

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


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

   SECTION 1.    Section 4903.6 of the   Labor
Code   is amended to read: 
   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  50.05   56.05  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  such   the  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. 
  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.