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

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§ 9982. Allowable Services.

(a) This fee schedule covers copy and related services for records relevant to an injured worker's claim, except services under a contract between the employer and the copy service provider.
(b) If the claims administrator fails to serve records in the employer's or insurer's possession requested by an injured worker or his or her representative within the time frames set forth in Labor Code section 5307.9 or fails to serve a copy of any subsequently-received medical report or medical-legal report within the timeframes set forth in section 10608, this fee schedule applies to obtaining those records.
(c) If the claims administrator fails to provide written notice, pursuant to Labor Code section 4055.2, to the injured worker of records which they are seeking by subpoena, this fee schedule applies to obtaining those records.
(d) There will be no payment for copy and related services that are:
(1) Provided within 30 days of a written request by an injured worker or his or her authorized representative to an employer, claims administrator, or workers' compensation insurer for copies of records in the employer's, claims administrator's, or workers' compensation insurer's possession that are relevant to the employee's claim,
(2) Provided by any person or entity which is not a registered professional photocopier.
(e) The claims administrator is not liable for payment of:
(1) Records previously obtained by subpoena or authorization by the same party and served from the same source, unless the subpoena or authorization is accompanied by a declaration from the party requesting the records setting forth good cause to seek duplicate records.
(A) If there is good cause, the claims administrator is liable for payment. Good cause includes new counsel seeking duplicate records for review, and loss or destruction of records due to natural disaster.
(2) Summaries, tabulations, or for indexing of documents.
(3) Subpoenaed records obtainable from the Workers' Compensation Insurance Rating Bureau, and the Employment Development Department that can be obtained without a subpoena at lower cost.
Note: Authority cited: Section 5307.9, Labor Code. Reference: Section 2019.030, Code of Civil Procedure; and Section 5307.9, Labor Code.
HISTORY
1. New section filed 4-30-2015; operative 7-1-2015 (Register 2015, No. 18).

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