CHAPTER 1 THE CALIFORNIA PLAN
1.01 Historical Background
1.02 Workers' Compensation in the United States
1.03 California Provisions--Liberal Construction Rule
1.04 California Constitution--Liability Regardless of Fault
1.05 Administration of California Plan
1.06 Administrative Director; Division of Workers' Compensation
1.07 Workers' Compensation Appeals Board
1.08 Deputy Appeals Board Commissioner
1.09 Workers' Compensation Judges
1.10 W.C.A.B. Offices; Presiding Workers' Compensation Judge
1.11 W.C.A.B. Arbitrators
1.12 Legal Unit
1.13 Industrial Medical Council; Medical Director; Agreed and Qualified Medical Evaluators
1.14 Disability Evaluation Unit
1.15 Court Reporters
1.16 Senior Legal Stenographers
1.17 Clerk's Office
1.18 Other Functions of the Board; Rules
1.19 Appeals Board Caseload
1.20 State Compensation Insurance Fund
1.21 Rehabilitation Unit
1.22 Information and Assistance Unit
1.23 Commission on Health and Safety and Workers' Compensation

CHAPTER 2 COVERED EMPLOYMENTS--EMPLOYMENT ISSUES
2.01 General Considerations
2.02 California--Compulsory and Voluntary Provisions; Employment Relationship
2.03 Casual Employment Exclusion
2.04 Household Domestic Exclusion
2.05 Prison Labor
2.06 Vendors of Newspapers and Periodicals
2.07 Volunteer Exclusion
2.08 Welfare Exclusion
2.09 Part time Gardener Exclusion
2.10 Subscription Watchman Exclusion
2.11 Athletic Sponsor Exclusion
2.12 Partnerships; Limited Liability Companies
2.13 Worker Partners
2.14 Closely Held Corporation Officers
2.15 Independent Contractor Exclusion
2.16 Homeowners and Occupants; Personal Services
2.17 Agricultural Employment
2.18 Corporate Officers
2.19 Relatives
2.20 Illegal Activities
2.21 Disaster Service Workers
2.22 Special Included Categories
2.23 Presumption of Employment
2.24 Independent Contractor Defense
2.25 Factors of Employment
2.26 Factors of Independent Contractor Relationship
2.27 Effect of Control
2.28 Effect of Contracts
2.29 Identity of Employer; Joint Employment

CHAPTER 3 INSURANCE AND SELF INSURANCE
3.01 Compulsory Insurance or Certified Self Insurance
3.02 Exempt Employer--Election
3.03 Self employer Insurance
3.04 Group Compensation Insurance; Alternative Dispute Resolution Procedure
3.05 Employer's Obligation Is Basic
3.06 Primary Liability of Insurer
3.07 Policy Jurisdictional Limits
3.08 Self Insurance
3.09 Government Agencies
3.10 Workers' Compensation Insurance Rating Bureau
3.11 Insurance Premiums
3.12 Audit of Payroll
3.13 Premium Reduction
3.14 Premium Financing
3.15 Illegality of "Cost Plus" Insurance Programs
3.16 Retrospective Rating Plans
3.17 Contribution by Employee Prohibited
3.18 Partial Coverage
3.19 Reinsurance
3.20 Failure to Insure; Uninsured Employers Benefits Trust Fund
3.21 Uninsurable Risks
3.22 Insuring Unlawful Activities
3.23 Disputed Coverage--Reformation
3.24 Agents and Brokers
3.25 Issuance or Cancellation of Policy
3.26 Policy Exclusions; Endorsements
3.27 Construction of Policy Terms Against Insurer
3.28 Business Entity Endorsement
3.29 Carrier's Duty To Defend
3.30 Subrogation
3.31 Joint Employment; General-Special Employers
3.32 Insurance Reserves--Surety
3.33 Accrual of Liability; Insurer Surety
3.34 Insolvent Insurer; Liquidation; California Insurance Guarantee Association
3.35 Insurance Carriers' Safety Departments
3.36 Insurance for Home related or Personal Services
3.37 Permit Requirements

CHAPTER 4 MEDICAL TREATMENT
4.01 Medical Benefits
4.02 Eligibility--Notice of Injury
4.03 Employer's Primary Obligation
4.04 Treatment Included
4.05 Definition of Physician
4.06 Religious Practitioners
4.07 First Aid Requirement
4.08 Treatment To Be Adequate
4.09 Right to Consulting Physician
4.10 Treatment of Secondary Conditions
4.11 Damage to Medical Appliances
4.12 Furnishing Medical Appliances
4.13 Lifetime Care
4.14 Medications
4.15 Future Treatment; Permanent Conditions
4.16 Spouse or Relative as Nurse
4.17 Travel Expense; Wage Loss; Interpreter
4.18 Medical Control; Employee Selection of Physician; Treatment Agreements; Health Care Organizations; Primary Treating Physician
4.19 Reimbursement for Self procured Treatment; Relinquishment of Medical Control
4.20 Employer's Retention or Regaining Medical Control
4.21 Notice of Self procured Treatment
4.22 Necessity of Self procured Treatment
4.23 Emergency Treatment
4.24 Unknown Causes"Simien Doctrine"
4.25 Change of Physicians
4.26 Medical Fees--Schedule
4.27 Employee's Refusal of Treatment
4.28 Medical Examinations
4.29 Medical Reports
4.30 First Report of Injury
4.31 Reimbursement for Medical Evidence
4.32 Medical Liens; Medical Plans
4.33 Industrial Medical Council; Qualified Medical Evaluators
4.34 Confidentiality of Medical Information

CHAPTER 5 COMPENSATION RATES--EARNINGS
5.01 Earnings Basis for Benefits
5.02 Multiple Employments
5.03 Fluctuations in Employment or Method of Payment
5.04 Earning Capacity
5.05 Incidental Benefits as Wages
5.06 Earning Capacity of Minors
5.07 Special Categories of Earnings
5.08 Penalty for Incorrect Compensation Rate
5.09 Determination of Compensation Rate
5.10 Validity of Minimum Compensation Rates
5.11 Changes in Rates--Date of Injury Controls
5.12 Computation of Compensation Rate

CHAPTER 6 TEMPORARY DISABILITY BENEFITS
6.01 Temporary Disability Indemnity
6.02 Employee and Employer Notices
6.03 Waiting Period; Exceptions
6.04 Day of Injury Exclusion
6.05 Seven Day Week
6.06 Method of Payment; Penalty
6.07 Computing Number of Weeks and Compensation Due
6.08 Compensation Rate After Two Years
6.09 Temporary Total--Temporary Partial
6.10 Partial Disability--Probable Earning Ability
6.11 Partial Disability--Total Wage Loss
6.12 Number of Temporary Compensation Payments
6.13 Apportionment of Temporary Compensation
6.14 Aggravation by Employee's Refusal of Treatment
6.15 Extension of Disability by Employer's Denial of Treatment
6.16 Voluntary Payments Not Admission
6.17 Acceptance Not Waiver
6.18 Lump Sum Payment of Temporary Compensation
6.19 Survival of Benefits
6.20 Payment of Compensation During Rehabilitation
6.21 Credit for Payment of Compensation
6.22 Credit for Payment of Wages; Other Benefits
6.23 Law Officers--Salary in Lieu of Compensation
6.24 Return to Work Program

CHAPTER 7 PERMANENT DISABILITY BENEFITS
7.01 Permanent Disability Payments
7.02 Rating Permanent Disability
7.03 Conclusive Presumptions
7.04 Disability Rated; Not Pathological Condition
7.05 Factors of Disability
7.06 Pain and Other Subjective Symptoms
7.07 Rating Schedule
7.08 Standard Ratings
7.09 Brain and Nervous System (1.--)
7.10 Vision (2.--)
7.11 Hearing (3.--)
7.12 Face and Head (4.--)
7.13 Speech and Special Senses (5.--)
7.14 Skin Sensitivity (6.--)
7.15 Shoulders and Arms (7.--)
7.16 Fingers, Amputation (8.--)
7.17 Amputation, Two Fingers (8.2)
7.18 Amputation, Three Fingers (8.3)
7.19 Amputation, Four Fingers (8.4)
7.20 Amputation, Five Fingers (8.5)
7.21 Fingers, Limited Motion (9.--)
7.22 Limited Motion, Two Fingers (9.2)
7.23 Limited Motion, Three Fingers (9.3)
7.24 Limited Motion, Four Fingers (9.4)
7.25 Limited Motion, Five Fingers (9.5); Hands, Grip Strength (10.--)
7.26 Chest (11.--); Spine (12.--)
7.27 Abdomen (13.--)
7.28 Lower Extremities (14.--)
7.29 Lower Extremities--Hip Disabilities (14.4); Knee Disabilities (14.5)
7.30 Lower Extremities; Ankle Disabilities (14.6); Impairment of Function, Toes (14.7); Post Thrombophlebitic Disability (14.8)
7.31 Percent to Fraction Conversion
7.32 Guidelines; Judgment Ratings
7.33 Describing Disability
7.34 Adjustment for Occupation
7.35 Occupation as an Issue
7.36 Adjustment of Rating for Age
7.37 Rating Multiple Disabilities
7.38 Permanent and Stationary Condition
7.39 Formal Rating Reports
7.40 Cross examination of Rating Specialist; Rebuttal Evidence
7.41 Informal Ratings
7.42 Summary Ratings for Injuries Occurring on or after January 1, 1991
7.43 Disability Evaluation Unit Services
7.44 Apportionment of Permanent Disability
7.45 Apportionment: Aggravation of Preexisting Condition; "Lighting Up"
7.46 Apportionment: Successive Injuries; Successive Disabilities
7.47 No Apportionment in "Presumption" Cases
7.48 Permanent Disability Ratings under Other Laws
7.49 Payment of Permanent Disability Benefits
7.50 Computation of Permanent Disability Weekly Payment; Minimum and Maximum
7.51 Number of Permanent Disability Payments
7.52 Evaluation of Rating: Aggregate Payments
7.53 Life Pension
7.54 Lump sum Payments--Commutation
7.55 Commutation of Life Pension
7.56 Rehabilitation
7.57 Collateral Benefits for Permanent Disability

CHAPTER 8 SUBSEQUENT INJURIES BENEFITS TRUST FUND BENEFITS
8.01 Subsequent Injuries Benefits Trust Fund
8.02 Administration of Fund
8.03 Payment of Subsequent Injuries Benefits Trust Fund Benefits
8.04 Credit for Other Recoveries
8.05 Apportionment in Subsequent Injuries Benefits Trust Fund Cases
8.06 The 100 Percent Limitation
8.07 Employer Knowledge of Prior Disability Unnecessary
8.08 Joinder of Subsequent Injuries Benefits Trust Fund
8.09 Statute of Limitations--SIBTF
8.10 No Survival of Subsequent Injuries Benefits Trust Fund Benefit
8.11 No Lump Sum Payment Except by Settlement
8.12 Occupational Disease or Cumulative Trauma as Subsequent Injury

CHAPTER 9 DEATH BENEFITS
9.01 Accrued Compensation--Survival of Benefits
9.02 Post Mortem Determination of Disability
9.03 No Survival of Subsequent Injuries Benefits Trust Fund Benefit
9.04 Compensable Death Case--Caused or Hastened
9.05 Death Benefit--Date of Injury Controls
9.06 Burial Expense
9.07 Persons Who May Qualify as Dependents
9.08 Extent of Death Benefits
9.09 Spouse and Minor Child
9.10 Total Versus Partial Dependency
9.11 Total Dependents--Conclusive Presumption
9.12 Nonresident Aliens
9.13 Spouse--Limited Presumption; Proof of Spousal Support; Parent--No Presumption
9.14 Marriage and Other Relationships
9.15 Children as Dependents
9.16 Date of Injury Controls Dependency Issue
9.17 Method of Payment of Death Benefit
9.18 Distribution of Death Benefit
9.19 Death of Dependent Beneficiary
9.20 Commutation of Death Benefit to Lump Sum Payment
9.21 Death Cases--Procedure--Statute of Limitations
9.22 Death Benefits--Other Plans
9.23 Employee's Settlement as Precluding Death Benefits
9.24 Payment Where No Dependents

CH. 10 THE INJURY ,BR> 10.01 Compensable Injury--Causation
10.02 Post Termination or Layoff Claim of Injury
10.03 Intoxication
10.04 Self inflicted Injury
10.05 Suicide
10.06 Altercations
10.07 Felonious Act
10.08 "Skylarking" or "Horseplay"
10.09 Assault by Employer
10.10 Third Party Negligence or Assault
10.11 Employee Recreation
10.12 Acts of Convenience or Necessity; Coffee Breaks; Lunch Periods
10.13 On Premises Injuries--Outside Regular Working Hours
10.14 Going and Coming Rule
10.15 Entrance; Exit; Parking Lot
10.16 Furnishing Transportation
10.17 Special Errand, Mission or Assignment
10.18 Commercial Traveler Rule
10.19 Bunkhouse Rule
10.20 Deviation from Duties
10.21 Types of Injuries
10.22 Traumatic Injuries: Cumulative or Repetitive Trauma
10.23 Idiopathic Seizure--Falls
10.24 Mental or Emotional Stress--Psychiatric Injury
10.25 Cardiovascular Cases--Aggravation by Physical Labor
10.26 Cardiovascular Cases--Mental Stress
10.27 Cancer--Causal Relationship
10.28 Occupational Disease--Cumulative Trauma
10.29 Apportionment of Liability for Occupational Disease or Cumulative Trauma
10.30 Special Exposure
10.31 Secondary Injuries or Conditions
10.32 Medical Proof of Injury
10.33 Presumption of Injury--Law Enforcement Officers
10.34 No Apportionment in Presumption Cases

CH. 11 PENALTIES
11.01 Penalties--General Considerations
11.02 Failure to Secure Benefits
11.03 Uninsured Employer--Misdemeanor Prosecution--Civil Penalties
11.04 Enjoining Business Operation
11.05 Willful Uninsurance--10 Percent Penalty
11.06 Payment of Attorney's Fee--Appeals Board Proceeding
11.07 Negligence Action--Uninsured Employer Presumption of Negligence--Abrogation of Defenses
11.08 Tort Action--Attorney's Fee
11.09 Uninsured Employers Benefits Trust Fund; Asbestos Workers' Account; Enforcement of Award
11.10 Attachment and Execution--Uninsured Employer
11.11 Delay or Failure to Provide Benefits
11.12 Computation of Penalty
11.13 Serious and Willful Misconduct of Employee--50 Percent Reduction of Benefits
11.14 Serious and Willful Misconduct of Employer--50 Percent Increase in Benefits
11.15 S & W--Causation
11.16 S & W Penalty Noninsurable
11.17 S & W of Employer or Managing Representative
11.18 Safety Order Violation--S & W Findings
11.19 S & W Applications--Statute of Limitations
11.20 Settlements--Effect on S & W Cause of Action
11.21 Illegal Hiring of Minor--50 Percent Increase in Benefits
11.22 Illegal Hiring of Minor--Penalty Noninsurable
11.23 Unsuccessful Petition To Terminate or Reduce Benefits
11.24 Unsuccessful Appeal by Employer
11.25 Refusal of Autopsy--Presumption
11.26 Suppression of Medical Reports--Presumption
11.27 Discrimination Because of Claim
11.28 Late Payment of Medical and Medical Legal Costs
11.29 Contest of Administrative Medical Findings--Attorney's Fees
11.30 Fraudulent Claims

CHAPTER 12 TORT ACTIONS--SUBROGATION
12.01 Third Party Actions--Dual Remedies
12.02 Recognizing Third Party Actions
12.03 Third Party Actions--Statute of Limitations
12.04 Notice of Commencement of Action; Service of Complaint
12.05 Cause of Action of Employer, Insurance Carrier or Other Subrogee
12.06 Lien Right of Employer or Carrier--Representation Agreements
12.07 Future Compensation Benefits--Continuing Lien
12.08 Credit Against Compensation Payments for Tort Recovery
12.09 Action Brought by Employer
12.10 Action Brought by Employee
12.11 Joint Action by Employee and Employer or Carrier
12.12 Settlement of Third Party Actions
12.13 Third Party Actions--Attorney's Fees
12.14 Approval of Third Party Settlements by Workers' Compensation Appeals Board
12.15 Form: Third Party Compromise and Release
12.16 Contributory Negligence of Employee or Employer; Comparative Negligence Rule; Assumption of Risk; Peculiar Risk
12.17 Indemnification of Third Party by Employer
12.18 Third Party as "Employer" under Safety Laws--Property Owners, General Contractors
12.19 Supplier of Material or Equipment
12.20 Tort Action Against Employer
12.21 Medical Malpractice; Physician Employer
12.22 Actions Against Fellow Employees
12.23 Actions Against Insurance Carriers, Self Insurers, Representatives
12.24 Actions Against Uninsured Employers
12.25 Actions by Employee's Spouse Against Employer
12.26 Insurer's Duty to Defend Personal Injury Actions
12.27 Respondeat Superior--Course of Employment
12.28 Collateral Sources
12.29 Liability of City or County Issuing Building Permits
12.30 "Firefighter's Rule"

CHAPTER 13 JURISDICTION
13.01 California Jurisdiction
13.02 Employee Temporarily in California
13.03 Injuries in Interstate or Foreign Commerce
13.04 Maritime Injuries
13.05 Death on High Seas; Inland Waterways
13.06 Overlapping Jurisdiction"Twilight Zone"--Local Concern
13.07 Jurisdiction on Federally Owned Land--Federal Employees
13.08 Jurisdiction of California Workers' Compensation Appeals Board
13.09 Jurisdiction to Determine Jurisdiction
13.10 Jurisdictional Judgment as Res Judicata
13.11 Jurisdictional Time Limits
13.12 Jurisdiction of Person
13.13 Enforcement Jurisdiction
13.14 Restitution
13.15 Ancillary Powers of Appeals Board; Contempt Authority

CHAPTER 14 NOTICE, STATUTE OF LIMITATIONS, AND CONTINUING JURISDICTION ,BR> 14.01 Initial Claim--Notice to Employer--Notice to Employee
14.02 Disability Benefits and Medical Treatment--One Year
14.03 Tolling Statute by Furnishing Benefit
14.04 New and Further Disability--Five Years
14.05 New and Further Disability Defined; Permanent Disability as New and Further
14.06 Continuing Jurisdiction; Altering or Amending Decision
14.07 Issues Not Subject to Five Year Jurisdictional Period
14.08 Grounds for Altering or Amending an Appeals Board Decision
14.09 Proceedings on Petition to Reopen or Petition to Terminate
14.10 Subsequent Injuries Benefits Trust Fund--Statute of Limitations
14.11 Death Benefits--Statute of Limitations
14.12 Serious and Willful Misconduct--Statute of Limitations
14.13 Date of Injury--Successive Injuries--Occupational Disease
14.14 Minors and Incompetents
14.15 Estoppel Regarding Defense of tatute of Limitations
14.16 Statute of Limitations--Affirmative Defense
14.17 Third Party Actions--Statute of Limitations
14.18 Rehabilitation--Statute of Limitations
14.19 Asbestos Workers' Account--Statute of Limitations
14.20 Discrimination Cause of Action--Statute of Limitations
14.21 State Prisoners--Statute of Limitations

CHAPTER 15 ADMINISTRATIVE PROCEDURES AND COMMENCEMENT OF WORKERS' COMPENSATION APPEALS BOARD PROCEEDINGS
15.01 Attorney Client Consultation; Checklist
15.02 Subsequent Client Conferences
15.03 Workers' Compensation Vernacular
15.04 Administrative Medical Initial Determination of Disability and Medical Issues
15.05 Substitution of Attorneys; Form
15.06 Initiation of W.C.A.B. Procedure; Applications and Petitions; Venue; Filing of Documents
15.07 Application Form
15.08 Application Form--Death Case
15.09 Parties--Who May File Application
15.10 Joinder of Parties--Injured Employee
15.11 Joinder--Other Parties
15.12 Joinder--Death Cases
15.13 Separate Application for Each Injury
15.14 Application and Joinder--Occupational Disease or Cumulative Trauma Case
15.15 Employer's Petition for Supplemental Proceedings--Occupational Disease or Cumulative Trauma Case
15.16 Application--Serious and Willful Misconduct
15.17 Example Form: Application Alleging Serious and Willful Misconduct of Employer
15.18 Application for Subsequent Injuries Benefits Trust Fund Benefit
15.19 Example Form: Application for Subsequent Injuries Benefits Trust Fund Benefits
15.20 Application or Petition Alleging New and Further Disability
15.21 W.C.A.B. Form; Example Form: Petition to Reopen, New and Further Disability
15.22 Petition to Reopen Under Labor Code Sec. 5803
15.23 Example Form: Petition To Reopen (Labor Code Sec. 5803)
15.24 Petition to Terminate Liability
15.25 Form: petition to Terminate (W.C.A.B. Form 46)
15.26 Compromise and Release or Stipulations, Initiating Proceedings by
15.27 Forms: Written Stipulations for Decision
15.28 Written Motions, Initiating Proceedings by
15.29 Lien Claims, Initiating Proceedings by
15.30 [Reserved]
15.31 Petition for Commutation
15.32 Forms: Petition for Commutation
15.33 No Demurrer Permitted
15.34 Answers; Defaults
15.35 Form: Answer
15.36 Pleadings, Conformance with Stipulations and Statement of Issues
15.37 Service of Application
15.38 Service of Other Pleadings, Documents, or Letters
15.39 Service on Attorney of Record
15.40 Proof of Service
15.41 Out of State Service
15.42 Declaration of Readiness; Notice of Hearing
15.43 Forms: Declaration of Readiness To Proceed; Notice of Hearing
15.44 Filing and Service of Medical Reports
15.45 [Reserved]
15.46 Contents of Medical Reports
15.47 Forms: Letter to Physician
15.48 Discovery Procedure
15.49 Defense Preparation
15.50 Analysis of Case Before Hearing
15.51 Litigation Reduction Program

CHAPTER 16 WORKERS' COMPENSATION APPEALS BOARD HEARING PROCEDURE
16.01 "Informality" of Procedure
16.02 Notice of Hearing; Review of Case
16.03 Trial Departments
16.04 Conference Calendar; Rating Calendar; Mandatory Settlement Conference; Priority Calendar
16.05 Regular Calendar; Arbitration
16.06 Continuances
16.07 Defaults and Dismissals
16.08 Authority of Workers' Compensation Judge; Disqualification
16.09 Appointment of Guardian Ad Litem
16.10 Pretrial Phase of Regular Hearing
16.11 The Hearing
16.12 Further Hearings
16.13 Consolidation of Cases
16.14 Normal Issues
16.15 Death Cases
16.16 Occupational Disease and Cumulative Trauma Cases
16.17 Serious and Willful Misconduct Cases
16.18 Findings in Serious and Willful Misconduct Cases
16.19 Subsequent Injuries Benefits Trust Fund Cases
16.20 Public (State) Employees' Retirement System
16.21 Hearings Regarding Salary in Lieu of Compensation for Law Officers
16.22 Self Employing Persons; Arbitration
16.23 Stipulated Hearings
16.24 Disputes Regarding Medical Fees
16.25 Hearings on Commutation
16.26 Hearings on Compromise and Release Agreements
16.27 Hearing Regarding Claim of Discrimination
16.28 The Record
16.29 Transcripts
16.30 The Decision
16.31 Decision in Consolidated Cases
16.32 Token Decisions
16.33 Issues Not Decided
16.34 Interest
16.35 Costs and Sanctions
16.36 Attorney's Fee
16.37 Service of Decisions
16.38 Finality of Decision
16.39 Award Enforcement; Insurance Carriers--Self Insured Employers
16.40 Award Enforcement; Insolvent Insurers or Self Insurers
16.41 Award Enforcement; Uninsured Employers
16.42 Attachment
16.43 Execution on Award
16.44 Enforcement--Labor Commissioner
16.45 Evidence; Stipulations; Presumptions
16.46 Subpoenas; Forms
16.47 Witness Fees
16.48 Witnesses
16.49 Interpreters
16.50 Hearsay Evidence
16.51 Medical Reports as Evidence
16.52 Reports of Nonexamining Physicians
16.53 Medical Reports of Lien Claimants
16.54 Independent and Agreed Medical Examiners; Qualified and Agreed Medical Examiners
16.55 Right to Cross Examine Physicians; Rebuttal
16.56 Witness Fees for Medical Witnesses
16.57 Cross Examination of Physicians; Technique
16.58 Hospital Records and X rays
16.59 Permanent Disability Rating Reports
16.60 Cross Examination of Disability Evaluation Specialist
16.61 Evidence in Rebuttal to Rating Report
16.62 Example Form: Letter Objecting to Rating and Requesting Further Hearing
16.63 Other Forms of Written Evidence; Filing Rules
16.64 Autopsy; Exhumation
16.65 Certified Copies of Governmental Documents
16.66 Investigation and Motion Picture Evidence
16.67 Return of Exhibits
16.68 Payment or Acceptance of Benefits Not Admission
16.69 Evidence Code
16.70 Evidence Inadmissible by Statute

CHAPTER 17 LIENS
17.01 Assessment of Liens
17.02 Form: Notice and Request for Allowance of Lien
17.03 No Credit to Employer for Incorrect Payment
17.04 No Assignment, Attachment or Execution
17.05 Notice of Lien Claim
17.06 Unrequested Liens
17.07 Service of Settlement on Lien Claimant
17.08 Employer's Lien--Action Against Third Parties
17.09 Lien for Applicant's Attorney's Fee; Regulation of Representatives
17.10 Criteria for Reasonable Attorney's Fee
17.11 Attorney's Work Outline
17.12 Attorney Client Agreement; Disclosure Form
17.13 Incidental Expenses
17.14 Prepayment of Fee or Expenses by Client
17.15 Request for Increased Attorney's Fee; Additional Fee
17.16 Ancillary or Supplemental Legal Services; Fees
17.17 Payment of Attorney's Lien
17.18 Attorney's Fee--Uninsured Employer Cases
17.19 Insured Employer Not Liable for Fee of Applicant's Attorney
17.20 Attorney's Fees for Noncompensation Matters Not Lienable
17.21 Attorney's Fees--Third Party Actions
17.22 Medical, Medical Legal, Hospital Liens; Procedure
17.23 Lien for Self Procured Medical Treatment
17.24 Medical Lien Against Compensation
17.25 Hospital Liens
17.26 Other Medical Plans
17.27 Medical Reports, Tests and X Rays
17.28 Treatment Unrelated to Injury
17.29 Necessaries for Employees and Dependents
17.30 Necessaries for Deserted Dependents
17.31 Welfare Assistance
17.32 Nonlienable Medical Treatment Not Allowable as Living Expense Lien
17.33 Lien for Burial Expense
17.34 Unemployment Insurance Liens--Integrated Programs
17.35 Unemployment Benefits
17.36 Unemployment Insurance Lien
17.37 U.C.D. Lien
17.38 Findings Regarding Unemployment Lien
17.39 Unemployment Lien Settlements
17.40 Satisfaction of Unemployment Lien Claim
17.41 Private U.C.D. Carriers
17.42 Tax Liens
17.43 Priority of Liens

CHAPTER 18 SETTLEMENTS AND CASE EVALUATION
18.01 Compromise and Release Agreements
18.02 Form: Compromise and Release; W.C.A.B. Forms No. 15 and No. 16
18.03 Death Case C & R
18.04 Third Party C & R
18.05 Filing Medical and Other Reports with C & R
18.06 C & R Exclusive Method for Settlement
18.07 Adequacy of C & R
18.08 Original C & R; Application
18.09 Appeals Board C & R Procedure
18.10 Appeals Board Authority--Finality of C & R
18.11 Setting Aside C & R
18.12 Liens Against C&R; Attorneys' Fees
18.13 C&R as Defense in Other Actions; Release Clause
18.14 Advantages of Settling
18.15 Legal Issue as Basis for C & R
18.16 Settlement of Permanent Disability Issue
18.17 Case Evaluation; Analysis of Medical File
18.18 Settlement of Back Cases
18.19 Settlement of Heart Cases
18.20 Settlement of Hernia Cases
18.21 Settlement of Dermatitis Cases
18.22 Settlement of Dental Cases
18.23 Settlement of Occupational Disease Liability
18.24 Settlement of Death Cases
18.25 Nuisance Value Settlement
18.26 Settlement of Right to Vocational Rehabilitation
18.27 Disagreement Between Employer and Insurer Re Settlement

CHAPTER 19 RECONSIDERATION BY WORKERS' COMPENSATION APPEALS BOARD; ADMINISTRATIVE APPEALS
19.01 Petition for Reconsideration; Removal
19.02 Reconsideration as Prerequisite to Writ of Review
19.03 Panel or En Banc Action; Rotation Reconsideration
19.04 Reconsideration on Motion of Appeals Board
19.05 Place of Filing Petition
19.06 Computing Time for Filing Petition 19.07 Service of Petition for Reconsideration
19.08 Answer to Petition for Reconsideration
19.09 Suspension of Decision Pending Reconsideration
19.10 Grounds for Reconsideration
19.11 Insufficiency of Evidence
19.12 Newly Discovered Evidence and Fraud Allegations
19.13 Denial of "Skeleton" Petitions
19.14 Waiver of Points Not Raised in Petition
19.15 Supplemental Petitions
19.16 Review of Petition by Trial Judge
19.17 Petition for Reconsideration as Motion for New Trial
19.18 Newly Discovered Evidence--Petition for Reconsideration v. Petition to Reopen
19.19 Time for Action on Petition
19.20 Action on Petition for Reconsideration; Decision and Findings
19.21 Record on Reconsideration
19.22 Reweighing Evidence by Appeals Board
19.23 Further Reconsideration After Decision on Reconsideration
19.24 Form: Petition for Reconsideration
19.25 Form: Statement of Case
19.26 Form: Statement of Facts
19.27 Statement of Facts--Medical Evidence
19.28 Form: Argument
19.29 Form: Conclusion and Prayer
19.30 Form: Execution and Verification
19.31 Form: Proof of Service
19.32 Answer to Petition for Reconsideration--Format
19.33 Oral Argument Before Appeals Board
19.34 Citation of Authorities to W.C.A.B.
19.35 Administrative Appeals to W.C.A.B.

CHAPTER 20 REVIEW BY APPELLATE AND SUPREME COURT
20.01 Writ Of Review
20.02 Grounds for Review; Waiver
20.03 Nature and Scope of Review
20.04 Substantial Evidence
20.05 Hearsay Evidence
20.06 Findings of Appeals Board
20.07 Procedure for Petition for Writ of Review
20.08 Answer to Petition and Reply to Answer
20.09 Post-Filing Procedures
20.10 Remittitur; Remand; Further Proceedings
20.11-20.13 [Reserved]
20.14 Form: Title, Court and Cause, Introduction; Petition for Writ of Review
20.15 Form: Questions Raised by Petitioner
20.16 Form: Presenting Rating Questions
20.17 Form: Alleging Statutory Grounds for Petition; Exclusive Remedy
20.18 Form: Statement of Case
20.19 Form: Statement of Facts
20.20 Form: Argument
20.21 Form: Conclusion and Prayer
20.22 Form: Execution and Verification
20.23-20.24 [Reserved]
20.25 Issuance of Writ and Certification of Record
20.26 Supplemental Briefs and Oral Argument
20.27 Citable Authority; Opinion of the Appellate Court; Certification for Publication
20.28 Petition for Rehearing
20.29 Finality of Court of Appeal Decision
20.30 Review by Supreme Court
20.31 Petition for Supreme Court Review; Answer; Reply; Briefs on the Merits
20.32 Forms: Title, Court and Cause, Introduction; Petition for Supreme Court Review
20.33 Form: Questions Presented
20.34 Form: Petitioner's Contentions
20.35 Statement of Case and Facts
20.36 Argument
20.37 Answer to Petition for Review
20.38 Supreme Court Action; Supplemental Briefs; Oral Argument; Disposition; Remittitur
20.39 Petition for Rehearing in Supreme Court
20.40 Effect of Denial of Supreme Court Review
20.41 Attorney's Fees and Costs on Appeal


CHAPTER 21 VOCATIONAL REHABILITATION
21.01 Vocational Rehabilitation and Workers' Compensation
21.02 Qualified Injured Worker; Qualified Rehabilitation Representative
21.03 Vocational Rehabilitation Benefits; Cap on VRS Costs
21.04 Vocational Rehabilitation Compensation; Maintenance Allowance
21.05 Vocational Services
21.06 Employer Reports; Notice to Employee; Early Identification of Q.I.W.'s
21.07 Vocational Rehabilitation Plan; Declination; Termination; Deferral; Interruption
21.08 Rehabilitation Unit Resolution of Issues; Conferences
21.09 Jurisdiction of W.C.A.B. Regarding Rehabilitation; Appeals
21.10 Vocational Rehabilitation Statute of Limitations; Reopening
21.11 Vocational Rehabilitation Settlement
21.12 Attorneys; Representatives; Fees
21.13 Public Employee Vocational Rehabilitation
21.14 Vocational Rehabilitation of Industrially Injured Inmates (State)
21.15 Vocational Rehabilitation Forms
21.16 Supplemental Job Displacement Benefits

CH. 22 COLLATERAL SOURCES
22.01 Introduction
22.02 Employee Retirement Income Security Act (ERISA)
22.03 Vacation and Sick Leave
22.04 Retirement Plans
22.05 Disability Retirement Benefits as Compensation
22.06 Unemployment Insurance
22.07 Health or Accident Insurance
22.08 Social Security Disability Benefits
22.09 Public Assistance
22.10 Veteran's Benefits
22.11 Tort Actions
22.12 Uninsured Motorist Law
22.13 Victims of Crime Indemnification
22.14 Scholarships for Dependents of Certain Officers
APPENDIX
Rules of Industrial Medical Council
Administrative Director/Administrative Rules
Court Administrator Rules
Rules of Practice and Procedure (WCAB)
TABLE OF CASES
INDEX

Herlick, Stanford D.

Stanford D. Herlick, a former Deputy Attorney General of the State of California, has been actively involved in workers' compensation law since 1955 when he was appointed Deputy Commissioner of the California Industrial Accident Commission (now called the Workers' Compensation Appeals Board). His experience in the field includes more than sixteen years as an instructor in workers' compensation law at the University of California, Los Angeles, and almost twenty years as a consultant specializing in workers' compensation. Mr. Herlick received his J.D. from the University of Southern California and, more recently, an M.A. from the Talbot Theological Seminary.