BILL NUMBER: AB 438	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Chiu
   (Coauthors: Assembly Members Alejo and Gonzalez)

                        FEBRUARY 23, 2015

   An act to amend Section 124 of the Labor Code, relating to state
government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 438, as amended, Chiu. State government: workers' compensation:
 bilingual services.   compensation. 

   Existing law, the Dymally-Alatorre Bilingual Services Act,
requires every state agency, as defined, to provide information
regarding public services in a non-English language if a substantial
number of the public contacted by the agency are non-English
speaking. 
   Existing law establishes a workers' compensation  system
  system, administered by the Administrative Director of
Workers' Compensation,  to compensate an employee for injuries
sustained in the course of his or her employment. Existing law
establishes, in the Department of Industrial Relations, a Division of
Workers' Compensation to administer those provisions. In
administering and enforcing those provisions, existing law requires
the division to protect the interests of injured workers and requires
all forms and notices to be given to employees by the division to be
in English and Spanish. 
   This bill would make the provisions of the Dymally-Alatorre
Bilingual Services Act applicable to the Department of Industrial
Relations and Division of Workers' Compensation when providing those
forms and notices.  
   This bill would require the Department of Industrial Relations and
the Division of Workers' Compensation to make specified forms,
notices, and fact sheets available in Chinese, Tagalog, Korean, and
Vietnamese. The bill would also require the Administrative Director
to make recommendations regarding any other documents that should be
translated into languages other than English, as specified, and
require the department and the division to submit the recommendations
and any translated documents to the Legislature, as specified. 

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


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

   SECTION 1.    Section 124 of the   Labor
Code   is amended to read: 
   124.  (a) In administering and enforcing this division and
Division 4 (commencing with Section 3200), the division shall protect
the interests of injured workers who are entitled to the timely
provision of compensation.
   (b) Forms and notices required to be given to employees by the
division shall be in English and Spanish. 
   (c) In addition to the requirement in subdivision (b), no later
than January 1, 2018, the department and the division shall make at
least the following forms, notices, and materials available in
Chinese, Korean, Tagalog, and Vietnamese:  
   (1) The workers' compensation claim form required pursuant to
Section 5401.  
   (2) The application for the Return-to-Work Supplement Program
authorized pursuant to Section 139.48.  
   (3) Supplemental Job Displacement Non-Transferable Voucher. 

   (4) Division of Workers' Compensation fact sheets distributed to
injured workers, including, but not limited to, those addressing the
following topics:  
   (A) Temporary disability.  
   (B) Permanent disability.  
   (C) Qualified medical evaluators.  
   (D) Uninsured Employers Benefits Trust Fund.  
   (E) Utilization review.  
   (F) Basic facts on workers' compensation.  
   (G) Glossary of terms in workers' compensation.  
   (d) (1) Commencing January 1, 2018, the Administrative Director
shall annually review the forms, notices, and materials that are
published and distributed by the division to injured workers and
recommend to the division any other documents that should be
translated into languages other than English pursuant to subdivisions
(b) and (c).  
   (2) Commencing January 1, 2018, and annually thereafter, the
department and the division shall submit the recommendations and any
translated documents to the Legislature.  
  SECTION 1.    Section 124 of the Labor Code is
amended to read:
   124.  (a) In administering and enforcing this division and
Division 4 (commencing with Section 3200), the department and the
division shall protect the interests of injured workers who are
entitled to the timely provision of compensation.
   (b) Forms and notices required to be given to employees by the
department or the division shall be in English and comply with the
Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing
with Section 7290) of Division 7 of Title 1 of the Government Code).