Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) On or before March 31 of every year,
every employer subject to either a 3201.5 or 3201.7 provision shall provide the
information specified in subdivision (b) for the previous calendar year. For
each claim with a date of injury on or after January 1, 2004, the information
reported under subdivision (b)(8) through (16) in the first mandatory reporting
year under subdivision (b)(8), shall also be updated annually thereafter for
the following three calendar years.
(2) To provide the information required in
subdivision (b), the employer shall either:
(A) Provide the information on a form
prescribed by the administrative director, either DWC Form GV-1, as set forth
in Section 10203.1, or DWC Form GV-2, as set
forth in Section
10203.2; or
(B) Provide the administrative director with
written authorization to collect the information from the appropriate claims
administrator. If the administrative director is unable to obtain the
information with the written authorization, the employer shall remain
responsible for obtaining and submitting the information.
(3) Groups of employers shall report the
information required by this section on behalf of its members. The information
shall be reported as to every individual employer covered by the 3201.5 or
3201.7 provision. Groups shall also report aggregated figures for all employers
in the group covered by the 3201.5 or 3201.7 provision.
(b) The report shall contain the following
information:
(1) The name of the individual
employer and the union.
(2) The
principal business of the employer.
(3) The dates the 3201.5 or 3201.7 provision
were in effect during the previous calendar year.
(4) The name of the insurer, if any, and the
insurance policy number. If self-insured, the name and certificate number of
the self-insured employer.
(5) The
name, address and telephone number of any administrator, ombudsperson, mediator
or arbitrator employed in an alternative dispute resolution system.
(6) Hours worked by covered employees,
reported by trade or craft.
(7)
Payroll in accordance with the rules of the Workers' Compensation Insurance
Rating Bureau [WCIRB]. Payroll shall be reported by class code as set by the
WCIRB.
(8) The number of claims
filed in the previous calendar year pursuant to Labor Code section
5401. The
claims shall be reported in the following categories:
A. The number of claims that were medical
only. As to those claims, there shall also be a report on the total amount of
paid costs and the total amount of incurred costs.
B. The number of claims that included a claim
for indemnity. As to those claims, there shall also be a report on total amount
of paid costs and total amount of incurred costs in each of the following
categories: temporary disability, permanent disability, life pensions, death
benefits, vocational rehabilitation, medical services, and medical-legal
expenses.
(9) The number
of claims filed pursuant to Labor Code section
5401 in the
previous calendar year that were resolved and the number that remained
unresolved on December 31 of the previous calendar year. These numbers together
should equal the total number reported in subdivision (b)(8). For the purpose
of this section, "resolved" means one in which ultimate liability has been
determined, even though payments may be made beyond the reporting
period.
(10) Of the claims that
were filed and/or resolved in the previous calendar year, the number that were
resolved with a denial of compensability.
(11) Of the claims that were filed and/or
resolved in the previous calendar year, the number that were resolved at each
of the following stages: before mediation, at or after mediation, at or after
arbitration, at or after the appeals board, or at or after the court of
appeals. If the 3201.5 or 3201.7 provision contains another dispute resolution
procedure, whether instead of or in addition to arbitration or mediation, the
report must identify the type of procedure, its stage in the overall alternate
dispute resolution process, and the same respective information regarding the
resolution of claims.
(12) The
title and case number of every application filed with the appeals board in the
previous calendar year concerning a claim alleged by any party to fall within
the 3201.5 or 3201.7 provision, regardless of whether the employee had the
right to file such an application.
(13) The title and court number of every
civil action, including petitions for writs and injunctions in any court, state
or federal, filed in the previous calendar year, that concerned a claim alleged
by any party to fall within the 3201.5 or 3201.7 provision.
(14) The number of injuries and illnesses
reported on the United States Department of Labor OSHA Form No. 300 for those
employees covered by the 3201.5 or 3201.7 provision. The same number multiplied
by 200,000 and divided by hours worked (as reported in subdivision
(b)(6)).
(15) The number of
employees covered by the 3201.5 or 3201.7 provision who participated in
vocational rehabilitation.
(16) If
the 3201.5 or 3201.7 provision established a light-duty or return to work
program, the number of employees who participated in that program.
(17) For employers covered by a 3201.7
provision, an employee survey that measures worker satisfaction with the 3201.7
alternative dispute resolution procedures. The survey shall be designed and
administered by agreement between the employer and the
union.
(c) In addition to
the data above, the employer may include in its report any explanatory
material, narrative account, or comment that the employer believes is necessary
to understand the data.
(d)
Notwithstanding this section, all employers shall be subject to the reporting
requirements of the Workers' Compensation Information System, Title 8, Cal.
Code Regs., Section
9700 et seq.
(e) The data obtained by the Administrative
Director pursuant to Section
10203 shall be confidential and not
subject to public disclosure under any law of this state. However, the Division
of Workers' Compensation may create derivative works based on the collective
bargaining agreements and data. Those derivative works shall not be
confidential, but shall be public.
1. New
section filed 2-14-96; operative 2-14-96. Submitted to OAL for printing only
pursuant to Government Code section 11351 (Register 96, No. 7).
2.
Amendment of subsections (a)(1), (b)3., (b)8., (b)9.-11. and (b)13.-15. filed
12-27-96; operative 12-27-96. Submitted to OAL for printing only pursuant to
Government Code section 11351 (Register 96, No. 52).
3. Amendment of
section and NOTE filed 4-22-2004 as an emergency; operative 4-22-2004 (Register
2004, No. 17). A Certificate of Compliance must be transmitted to OAL by
8-20-2004 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 4-22-2004 order,
including further amendment of section, transmitted to OAL 8-20-2004 and filed
10-4-2004 (Register 2004, No. 41).
Note: Authority: Sections
133, 3201.5 and 5307.3, Labor Code.
Reference: Sections 3201.5, 3201.7 and 3201.9, Labor
Code.
