Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director - Administrative Rules
Article 12. Copy Service and Electronic Transaction Rates

§ 9980. Definitions.

As used in this article:

(a) “Additional set of records” means a copy of the initial set of records obtained by the copy service provider.

(b) “Authorization” means a written release to obtain records, signed and dated by the injured worker, or the injured worker's representative if the injured worker is a minor, incompetent, or deceased, which contains the following information:

(1) The specific uses and limitations on the types of information to be disclosed;

(2) The name of the person or entity that may disclose the information;

(3) The name of the person or entity authorized to receive the information;

(4) The specific date after which the provider is no longer authorized to disclose the information; and

(5) A notice advising the person signing the authorization of the right to receive a copy of the authorization.

(c) “Claims administrator” means any of the following persons or entities responsible for the payment of compensation: a self-administered insurer providing security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a self-administered self-insured employer, the administrator of the Uninsured Employers Benefits Trust Fund (UEBTF), the administrator of the Subsequent Injuries Benefits Trust Fund (SIBTF), a third-party claims administrator for a self-insured employer, insurer, legally uninsured employer, or joint powers authority, the Self-Insurers' Security Fund, or the California Insurance Guarantee Association (CIGA).

(d) “Contracted services” means services payable under an agreement between a claims administrator or an employer and a copy service provider.

(e) “Copy and related services” means all services and expenses that are related to the retrieval and copying of documents that are responsive to a duly issued subpoena or authorization to release documents for a workers' compensation claim.

(f) “Custodian of records” means the person who has custody and control of the books, records, documents or physical evidence and maintains them in the ordinary course of business.

(g) “Initial set of records” means records or documents that have been recorded in paper, electronic, film, digital, or other format from one custodian of records under one subpoena or authorization, and includes separate types of records requested from a single source, regardless of the number of subpoenas or authorizations issued.

(h) “Professional photocopier” is defined by section 22450 of the Business and Professions Code.

Note: Authority cited: Section 5307.9, Labor Code. Reference: Section 5307.9, Labor Code.

HISTORY

1. Renumbering of former article 11 to article 12 and new section filed 4-30-2015; operative 7-1-2015 (Register 2015, No. 18). For prior history of article 12 (sections 10001-10021), see Register 2008, No. 47.

2. Amendment of article heading and amendment of section filed 6-15-2022; operative 7-15-2022. Exempt from the APA and OAL review pursuant to Government Code section 11340.9(g). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2022, No. 24).