Bulletin No. 40-06
July 21, 2006

Return to work program regulations approved

The return to work program regulations, which allow employers with 50 or fewer employees to be reimbursed for workplace modification expenses, have been approved by the Office of Administrative Law (OAL). These regulations will be found at Title 8, California Code of Regulations, sections 10004 and 10005.

Additionally, as part of this rulemaking, some minor changes were made to the supplemental job displacement benefit forms to ensure they coalesced with the return to work regulations. Section 10133.53, the notice of offer of modified or alternative work, and section 10133.55, request for dispute resolution before the administrative director, were amended. The changes to these sections included adding a proof of service and correcting the address on the forms.

The final approved regulations were filed with the secretary of state on Jul. 19, 2006 and become effective Aug. 18, 2006.

Sections 10001, 10002 and 10003 of the return to work regulations, which implement the 15 percent increase or decrease of permanent disability payments if the employer offers the employee regular, modified or alternative work, will be sent out for an additional 15-day comment period.

Text of the revised regulations (sections 10002 and 10003) may be found at http://www.dir.ca.gov/dwc/DWCPropRegs/ReturnToWork_regulations/ReturnToWork_regulations.htm.

Approved sections 10004, 10005, 10133.53 and 10133.55, as filed with the secretary of state, can be found on the DWC Web site at http://www.dir.ca.gov/dwc/DWCPropRegs/ReturnToWork_regulations/ReturnToWork_regulations.htm.