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CA Approves Amendments to Work Comp Notice Materials

In workers' compensation defense news, the state of California recently approved amendments to the basic workers' compensation notice materials. These are the resources used to notify employees of both their rights and responsibilities under state law.

Specifically, the new amendments call for the following measures to be implemented by both insured and self-insured employers by October 8:

• Provide all employees hired on or after October 8 with an updated version of the workers' compensation new hire pamphlet
• Provide all injured workers with an updated version of Division of Workers' Compensation (DWC)-1/Notice of Potential Eligibility
• Post new medical provider network (MPN) notices (if the organization utilizes one)
• Post amended workers' compensation employee posting notices

Some of the more notable amendments to the workers' compensation notice materials include removing references to vocational rehabilitation, revising references to state web sites and mandating additional MPN-related information.

Failure to comply with these new requirements can result in severe consequences for employers, including:

• Fines of up to $7000 for every violation of the new posting requirements
• Loss of medical control
• Tolling of the statute of limitations for filing claims
Under California state law, private employers may publish and utilize their own notice materials as long as they are approved by the DWC in advance. However, many of these private employers rely on the California Workers' Compensation Institute (CWCI) to create the most current notice materials for them.

The CWCI has already updated its notice materials to reflect the necessary amendments and submitted them to the DWC for final approval. Once approved, the notice materials will be translated into Spanish (required under California law), published and shipped to employer-customers by the middle of next month.
The following post was for informational purposes only and not to be construed as legal advice. Consider speaking with a legal professional to learn more.

Stay tuned for further developments in the area of workers' compensation defense law ...

Related Resources:
• Calif. Employers Face New Workers' Comp Posting Requirements (Insurance Journal)

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