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Division 1. Department of Industrial Relations
Chapter 4.5. Division of Workers' Compensation
Subchapter 1.5. Injuries on or After January 1, 1990
Article 7.5. Supplemental Job Displacement Benefit
§10133.34 Offer of Work for Injuries Occurring on or After January 1, 2013.
(a) This section shall apply to all injuries occurring on or after January 1, 2013.
(b) The injured employee shall be entitled to a supplemental job displacement benefit unless the employer makes an offer of regular, modified, or alternative work on Form [DWC-AD10133.35 “Notice of Offer of Regular, Modified, or Alternative Work For injuries occurring on or after 1/1/13” within 60 days after receipt of Form [DWC-AD 10133.36 “Physician's Return-to-Work & Voucher Report.”]
(1) The claims administrator may serve the offer of work on behalf of the employer.
(2) The regular, alternative, or modified work that is offered by the employer pursuant to paragraph (1) shall be located within a reasonable commuting distance of the employee's residence at the time of the injury, unless the employee waives this condition. This condition shall be deemed to be waived if the employee accepts the regular, modified, or alternative work, and does not object to the location within 20 calendar days of being informed of the right to object. The condition shall be conclusively deemed to be satisfied if the offered work is at the same location and the same shift as the employment at the time of injury.
(3) The offer of regular, modified, or alternative work must be for work lasting at least 12 months.
(4) When the employer offers regular, modified or alternative work to the employee that meets the conditions of this section and subsequently learns that the employee cannot lawfully perform regular, modified or alternative work, the employer is not required to provide the regular, modified or alternative work.
(5) If the employer offers regular, modified, or alternative seasonal work to the employee, the offer shall meet the following requirements:
(A) the employee was hired for seasonal work prior to injury;
(B) the offer of regular, modified or alternative seasonal work is of reasonably similar hours and working conditions to the employee's previous employment, and the one year requirement may be satisfied by cumulative periods of seasonal work;
(C) the work must commence within 12 months of the date of the offer; and
(D) The offer meets the conditions set forth in this section.
Note: Authority: Sections 133, 4658.7 and 5307.3, Labor Code. Reference: Sections 4658 and 4658.7, Labor Code.
1. New section filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to Government Code section 11346.1(d) (Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.
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