Bulletin No. 62-06
November 3, 2006

Division of Workers' Compensation issues a third 15-day notice of revisions to proposed administrative penalties for unreasonable denial of compensation pursuant to Labor Code section 5814.6

The Division of Workers' Compensation (DWC) has modified its regulations for administrative penalties pursuant to Labor Code section 5814.6. A third 15-day notice of modification was distributed to interested parties and the revised regulations are posted to the DWC Web site. Members of the public may comment on the revisions until 5 p.m. Saturday, Nov.18, 2006.

Throughout the regulations, the words "a workers' compensation administrative law judge" are replaced with the words "the Workers' Compensation Appeals Board." This term is defined as the appeals board, commissioners, deputy commissioners, presiding workers' compensation judges and workers' compensation administrative law judges. The revision is necessary because compensation orders and awards to pay penalties due to a violation of Labor Code section 5814 may be issued by any of the entities defined as the Workers' Compensation Appeals Board.

Additionally, a minor correction was made to section 10225.1(g)(5) regarding the tiered penalty amounts.

Further information and the modified proposals can be found at http://www.dir.ca.gov/DWC/DWCPropRegs/AdminPenalties_LC5814_6Regulations/LC5814_6Regulations.htm.