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Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 8. Benefit Notices; Claims Administrator’s Duties and Responsibilities; Claim Form and Notice of Potential Eligibility for Benefits; Regulatory Authority of the Administrative Director.

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§9813.2. Return to Work Notices. For Injuries Occurring on or After January 1, 2005.

Notice of Offer of Regular Work, Notice of Offer of Modified or Alternative Work. Within 60 calendar days from the date that the condition of an injured employee with permanent partial disability becomes permanent and stationary:

(a) If an employer does not serve the employee with a notice of offer of regular work, modified work or alternative work as set forth in section 10002, each payment of permanent partial disability remaining to be paid to the employee from the date of the end of the 60 day period shall be paid in accordance with Labor Code section 4658 (d)(1) and increased by 15 percent.

(b) If an employer serves the employee with a notice of offer of regular work, modified work or alternative work as set forth in section 10002(b)(3) and (4), each payment of permanent partial disability remaining to be paid from the date the offer was served on the employee shall be paid in accordance with Labor Code section 4658 (d)(1) and decreased by 15 percent, regardless of whether the employee accepts or rejects the offer.

(c) The employer shall use Form DWC-AD 10133.53 (Section 10133.53) to offer modified or alternative work, or Form DWC-AD 10003 (Section 10003) to offer regular work. The claims administrator may serve the offer of work on behalf of the employer.
     Note: Authority cited: Sections 59, 133, 138.3, 138.4, 4658 and 5307.3, Labor Code. Reference: Sections 124, 4658 and 4658.1, Labor Code.  


 HISTORY 
   
1. New section filed 12-11-2007; operative 4-9-2008 (Register 2007, No. 50).

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