CALIF. DWC APPROVES SB 228/AB227 UPDATES TO WC PAMPHLETS:

The Administrative Director of the Division of Workers’ Compensation has approved updates to the California Workers’ Compensation Institute pamphlets and posting notices used by employers and insurers to meet workers’ compensation employee notice requirements mandated by the California Labor Code. The Institute updated its employee notice materials to include benefit changes in SB 228 and AB 227, signed by Gov. Davis late in September, so that employers and insurers can provide accurate, up-to-date information that meets the state notice requirements when the changes take effect on Jan. 1, 2004. Both insured and self-insured employers are subject to the posting notice and pamphlet requirements, and failure to provide the information to employees can result in loss of medical control, the tolling of the statute of limitations for filing claims, and civil penalties of up to $7,000 for each posting notice violation. CWCI consulted with the Division of Workers’ Compensation to develop appropriate language for its new hire pamphlet, “Facts About Workers’ Compensation,” and its posting notice, “If A Work Injury Occurs.” The new laws led to several revisions, including new information on the 24-visit caps for physical therapy and chiropractic care, the timeframe for vocational rehabilitation benefits (pre-2004 dates of injury), and the criteria for the new Supplemental Job Displacement Benefit. CWCI made similar changes to its “Facts For Injured Workers” pamphlet, which is no longer required by the state, but which many insurers and employers continue to use to advise workers of their rights and obligations after they file a claim. CWCI will also continue to offer the vocational rehabalitation pamphlet, “Help in Returning to Work” in English and Spanish, as it will still need to be included with the 90-day VR notice and notice of potential eligibility for pre-2004 claims. The revised notice and pamphlets are being translated into Spanish per LC §3551(b) and CCR §9883. CWCI is accepting orders for shipment by mid-November so that the information can be distributed prior to the Jan. 1 effective date for the new laws. The materials can be ordered from the Bookstore on the CWCI Web site www.cwci.org.