BILL NUMBER: AB 438	CHAPTERED
	BILL TEXT

	CHAPTER  515
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2015
	APPROVED BY GOVERNOR  OCTOBER 6, 2015
	PASSED THE SENATE  SEPTEMBER 9, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2015
	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, Chiu. State government: workers' compensation:
compensation.
   Existing law establishes a workers' compensation 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 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.



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.