Workers' Compensation

The Key to Getting Stips Approved in California

One of the most common errors parties encounter when submitting Stipulations with Request for Award is failing to comply with 8 CCR § 10117, which is the regulation for handling "Return to Work" matters.

 LC §4658 is the Labor Code Section which explains how parties should calculate permanent disability. Specifically, LC §4658(d)(3)(A) provides, "If, within 60 days of a disability becoming permanent and stationary, an employer offers the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, and regardless of whether the injured employee accepts or rejects the offer, each disability payment remaining to be paid to the injured employee from the date the offer was made shall be paid in accordance with paragraph (1) and decreased by 15 percent."

Therefore, for dates of injury after January 1, 2005, if permanent disability payments are decreased 15% because the IW has returned to work per LC §4658(d)(3)(A) , then parties must establish compliance with 8 CCR §10117 in order to have their proposed Stipulated Awards approved. To prove compliance, parties may file either a completed copy of Form 10118 (Notice of Offer of Regular Work) or Form 10133.53 (Notice of Offer of Modified or Alternative Work). Failure to include one of these forms in the package proposed for approval may result in the matter being delayed and set for an adequacy hearing, until the Judge receives some sort of proof that the parties have complied with 8 CCR §10117(b)(3).

Both forms, along with lots of other helpful information on EAMS can be found on the DWC website by clicking on the link: http://www.dir.ca.gov/dwc/forms.html

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Posted by Colleen Casey
Workers' Compensation Judge (San Francisco, California)