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

§ 9984. Rates for Copy and Related Services (On and After July 15, 2022).

(a) The reasonable maximum rates payable for copy and related services, for dates of service on and after July 15, 2022, are as follows:

(1) A $230.00 flat rate, for an initial set of records, from a single custodian of records, which includes, but is not limited to, mileage, postage, pickup and delivery, phone calls, repeat visits to the record source and records locators, page numbering, witness costs for delivery of records, check costs, costs charged by a third party for the retrieval and return of records held offsite by the third party, service of the subpoena, shipping and handling, and subpoena preparation.

(2) $75.00 in the event of cancellation after a subpoena or request for records by authorization has been issued but before records are produced, or for a Certificate of No Record (CNR). The claims administrator will not be liable for bills submitted under this subdivision unless:

(A) The bill submitted for cancellation includes a copy of the request for records containing the date of the request and identity of the requesting party, and a copy of the cancellation order containing the date of cancellation and identity of the cancelling party.

(B) The bill submitted for CNR includes a copy of the request for records containing the date of the request and identity of the requesting party, and a copy of the CNR containing the date of the certificate.

(b)(1) Release of information (ROI) services of witness costs for the retrieval and return of physical records held offsite by a third party are included in the flat rate in subdivision (a)(1). ROI services of witness costs for retrieval and return of physical records held offsite by a third party are governed by Evidence Code section 1563.

(2) Third-party ROI services that represent deponents or witnesses who are compelled to produce documents for a deposition, records-only deposition, or trial conducted as part of any workers' compensation claim shall be paid a flat rate of $35.00, inclusive of the witness costs and all services provided by the third-party ROI service, when records are produced, or a flat rate of $15.00, inclusive of the witness costs and all services provided by the third-party ROI service, when a CNR is produced. Third-party ROI services representing deponents or witnesses shall accept electronic service of all deposition notices and requests, including subpoenas and witness costs. Third-party ROI services shall electronically provide the records or certificates, including all affidavits required by Evidence Code section 1561, to the requesting party or their representative. These rates are included in the flat rate in subdivision (a)(1).

(c) In addition to the flat rate allowed in subdivision (a)(1), the following separate rates may be charged:

(1) For paper copies, ten cents ($0.10) per page if the document is over 500 pages.

(2) $10.00 for each additional set of records. If the injured worker requests an additional set of records, the claims administrator is liable for one additional set of records. All other additional sets of records are payable by the party ordering the additional set.

(3) X-rays and scans are $10.26 per sheet, and $3.00 for electronic storage media of X-rays and scans.

(4) Applicable sales tax.

Note: Authority cited: Section 5307.9, Labor Code. Reference: Section 5307.9, Labor Code; and Section 1563, Evidence Code.

HISTORY

1. New 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).