Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 8.1. Workers' Compensation Advertising by Non-Attorneys and Non-Physicians; Prohibition of False or Misleading Advertising

§9820. Definitions.

As used in this article:

(a) Administrative Director. The Administrative Director of the Division of Workers' Compensation or the Director's duly authorized representative designee, or delegee.

(b) Advertisement. Any form of communication, in writing, photograph or picture, electronic broadcasting or transmission, that solicits any person to:

(1) file a workers' compensation claim, or,

(2) use any workers' compensation services as defined in subsection (k), or,

(3) engage or consult counsel or a medical care provider or clinic to consider a workers' compensation claim.

The form of advertisement may include, but is not limited to, advertising by newspaper, magazine, circular, form letter, publication, billboard, card, label, placard, transit advertisement, business card, envelope, book, list, directory, radio, motion picture, video, television, or electronic mail.

(c) Advertiser. Any person who sends, publishes, broadcasts, transmits or communicates an advertisement as defined in subsection (b); or who causes or pays in whole or in part for the sending, publishing, broadcasting, transmission or communication of such an advertisement either for himself or on behalf of another person. However, advertiser does not include the following persons if the person's principal business is other than providing workers' compensation services:

(1) a publisher, printer, distributor or circulator of a newspaper, magazine, book, or other writing;

(2) an operator of a broadcasting station, movie or video production company;

(3) an operator of premises where advertisements are displayed;

(4) a person while working as an employee of any persons exempted in paragraphs 1 through 3 of this subsection.

(d) Attorney. A person who holds a valid, active license to practice law in California at the time the advertisement governed by these regulations is published.

(e) False or misleading advertisement. An advertisement that:

(1) Is false or misleading pursuant to Labor Code Section 139.43(a) or 139.45(b).

(2) Violates any provision of Labor Code Section 5433.

(3) Offers or implies that the advertiser can or will dissuade, delay or impede a claimant from pursuing a legitimate work injury claim; or can or will provide false or inaccurate evidence or opinion in support of or in opposition to a work injury claim.

(4) Fails to include the notice as specified in Labor Code Section 5432 or Title 8 CCR Section 9823(b).

(5) Fails to comply with any requirement of this article.

(6) Is placed in furtherance of business operations conducted in violation of law, or when the advertiser has not complied with any requirement of this article.

(f) Him, Himself or His. These terms include "her", "herself" or "hers" when the person is female, and "it", "itself" or "its" when referring to an artificial person.

(g) Owner. A person who has a direct or indirect ownership interest in a business which provides workers' compensation services, or a person who has a direct or indirect claim to all or a portion of the income of a business which provides workers' compensation services.

(h) Person. Any natural or artificial person or combination of persons, including without limitation a corporation, partnership, trust, or unincorporated association.

(i) Physician. A person who holds a valid, active license to practice in California at the time the advertisement governed by these regulations is published, as any of the following medical practitioners: a medical or osteopathic physician and surgeon; a psychologist; a chiropractor; a podiatrist; a dentist; or an optometrist.

(j) Referral panelist. A person who will receive or has agreed to receive referrals of clients from a workers' compensation referral service.

(k) Workers' compensation services means services provided by any of the following:

(1) A workers' compensation medical or medical-legal provider, which means any person who provides medical treatment or evaluation of injuries or alleged injuries, including work injuries.

(2) A workers' compensation non-attorney advisor or representative, which means any person who is not an attorney who advises or represents persons in connection with injuries or alleged injuries, including work injuries.

(3) A workers' compensation referral service, which means any person who refers persons to medical or medical-legal providers, non-attorney advisors or representatives, or attorneys who advise or represent persons in connection with injuries or alleged injuries, including work injuries.

(4) A workers' compensation advertiser, which means any person who advertises or solicits for any or all of the preceding three categories of persons.

This definition includes persons who provide services for several types of injuries, as long as work injuries are included.

NOTE: Authority cited: Sections 59, 133, 139.43(b) and 5307.3, Labor Code. Reference: Sections 7, 139.43(a), (b), (d), 139.45 and 5430-5434, Labor Code.

HISTORY

1. New Article 8.1 and section filed 12-31-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 53).

2. Amendment of article 8.1 heading filed 8-7-95; operative 8-7-95. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 95, No. 32).