Newsline No. 27-06
May 4, 2006

DWC issues a third 15-day notice of revisions to proposed return to work regulations

A third 15-day notice of modifications to the return to work regulations has been distributed to interested parties and posted to the DWC Web site.

In section 10001(a), the definition of “alternative work” was changed to delete sections which are already contained in the definition of “seasonal work” in subdivision (f). Section 10001(f) was changed to delete text that is already contained in definitions elsewhere in section 10001.

Changes were made to section 10002 (f) in order to clarify that when an employer has made an offer of regular, modified or alternative work and subsequently learns that the employee cannot lawfully perform the work, without limitation to specific instances, the employer is not required to provide the work. Additionally, a third case citation was added to the reference section.

Sections 10002(g)(1) and (2) were changed in order to be consistent with the fact that section 10001(a) states that an offer of alternative work for a seasonal employee shall be at least 85 percent of the wages paid to the employee at the time of injury.

Additionally, modifications were made to the form found at section 10003. Members of the public may comment on the revisions until 5 p.m. Monday, May 22, 2006.

Text of the revised regulations may be found at http://www.dir.ca.gov/dwc/DWCPropRegs/ReturnToWork_regulations/ReturnToWork_regulations.htm

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