Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 8.5. Employee Information

§9880. Written Notice to New Employees.

a) Every employer shall provide to every new employee, either at the time of hire or by the end of the first pay period, the Written Notice to New Employees concerning the rights, benefits and obligations under worker's compensation law. The content of the notice must be approved by the Administrative Director.

(b) The notice shall be easily understandable. It shall be available in both English and Spanish where there are Spanish-speaking employees.

(c) The notice provided shall be in writing, in non-technical terms and shall include the following information:

(1) The name of the current compensation insurance carrier of the employer at the time of distribution, or when such is the fact, that the employer is self-insured, and who is responsible for claims adjustment;

(2) How to get emergency medical treatment, if needed;

(3) The kind of events, injuries and illnesses covered by workers' compensation;

(4) The injured employee's right to receive medical care;

(5) How to obtain appropriate medical care for a job injury;

(6) The role and function of the primary treating physician;

(7) The rights of the employee to select and change the treating physician pursuant to the provisions of Labor Code Sections 4600 to 4601, including the right to predesignate a personal physician or medical group;

(8) A form that the employee may use as an optional method for notifying the employer of the name of the employee's “personal physician,” as defined by Labor Code Section 4600, or “personal chiropractor,” as defined by Labor Code Section 4601;

(9) The rights of the employee to receive temporary disability indemnity, permanent disability indemnity, supplemental job displacement benefits, and death benefits, as appropriate;

(10) To whom the injuries should be reported;

(11) The existence of time limits for the employer to be notified of an occupational injury;

(12) The protections against discrimination provided pursuant to Section 132a;

(13) The location and telephone number of the nearest information and assistance officer, including an explanation of services available; and

(14) A description about Medical Provider Networks ( “MPN”) which includes that the employer may be using a MPN, what a MPN is, the predesignation exemption from the MPN, when an employee must begin to use a physician from the MPN, and how to request information about using a MPN.

Note: Authority cited: Sections 133, 138.3, 138.4, 3550, 3551, 4603.5 and 5307.3, Labor Code. Reference: Sections 132(a), 139.6, 3550, 3551, 3600, 4600, 4601, 4603, 4650, 4651, 4656, 4658.5, 4658.6, 4700, 4702, 4703, 5400 and 5401, Labor Code.

HISTORY

1. New Article 8.5 (Sections 9880-9882) filed 1-28-76 as an emergency; effective upon filing (Register 76, No. 5).

2. Certificate of Compliance filed 1-29-76 (Register 76, No. 5).

3. Repealer and new section filed 11-9-77; effective thirtieth day thereafter (Register 77, No. 46).

4. Amendment filed 10-16-81; effective thirtieth day thereafter (Register 81, No. 42).

5. Editorial correction restoring Article 8.5 (Sections 9880-9883), which was inadvertently repealed by a 7-15-83 order (Register 83, No. 33).

6. Repealer and new section filed 7-11-89; operative 10-1-89 (Register 89, No. 28).

7. Amendment of section and Note filed 7-7-2004; operative 8-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 28).

8. Amendment of subsections (c)(7), (c)(9) and (c)(12)-(13), new subsection (c)(14) and amendment of Note filed 8-9-2010; operative 10-8-2010 (Register 2010, No. 33).