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Chapter 4.5. Division of Workers' Compensation
Subchapter 1.5. Injuries on or After January 1, 1990

New Query

§10116.8. Jurisdiction Where the Issue of Injury Has Not Been Resolved.

(a) No forms, notices or reports shall be filed with the Retraining and Return to Work Unit until the claims administrator has accepted liability for the injury or there has been a finding of compensable injury by the appeals board.

(b) Any requests for provision of retraining or return to work services and for intervention/dispute resolution require confirmation on the appropriate form by the employee or his/her representative that liability for the injury has been accepted.

(c) Forms sent to the Retraining and Return to Work Unit when a good faith issue of injury exists or where there has been no confirmation of acceptance of liability for the injury shall be returned to the sender.
     Note: Authority cited: Sections 133, 139.48, 139.5, 4658, 4658.5 and 5307.3, Labor Code. Reference: Section 139.5, Labor Code; Godinez v. Buffets, Inc.(2004, Significant Panel Decision) 69 Cal. Comp. Cases 1311; and Vulean Materials Co. v. WCAB (2006, Writ Denied) 71 Cal. Comp. Cases 1346.  

1. New section filed 11-17-2008; operative 11-17-2008 pursuant to  GovernmentCode section 11343.4 (Register 2008, No. 47).

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