On September 3, 2015, the Office of Administrative Law (OAL) has approved the Division of Workers’ Compensation (DWC) revised benefit notice regulations. The regulations are found in Title 8, California Code of Regulations, Sections 9810, 9811, 9812, 9813, 9814, 9815, 9881.1, and 10139.

The final regulations were approved on August 22, 2015 and will be effective for all benefit notices required to be sent on or after January 1, 2016.

Please click on this text view the approved regulations, as filed with the Secretary of State, are posted on the California Department of Industrial Relations (DIR) website -http://www.dir.ca.gov/dwc/DWCPropRegs/BenefitNotices/BenefitNotices_Regs.htm , along with the final statement of reasons for the rulemaking, a summary of public comments regarding the rulemaking and DIR’s responses to those comments.

Significant reforms to the benefit notice process in the amended regulations include:

  • Elimination of the requirement to provide Fact Sheets as attachments to notices
  • Reduction of the requirement to provide a QME panel request form with notices
  • Elimination of the warning notice language at the top of notices
  • Allowance for employees and their attorneys to choose to receive electronic service of notices.

Revisions were also made to the Claim Form, Notice of Potential Eligibility and Notice to Employees Poster.

If you have any questions on these regulations, please call an information and assistance officer of the Division of Workers’ Compensation at (800) 736-7401.

DWC-7 Notice to Employees Poster - Injuries Caused by Work
The required posted notices are covered under LC 3550 and CCR 9881.

The State of California has updated their Workers’ Compensation Poster – Notice to Employees (DWC 7) English and Spanish versions, effective January 1, 2016. To review the entire regulations and learn the employer responsibilities for §9881- Posting of Notice to Employees, please click on this URL - https://www.dir.ca.gov/t8/9881.html . Sections of the Regulations and California Labor Code are listed below.

Regulation §9881. Posting of Notice to Employees

a) Every employer shall post and keep posted in a conspicuous location frequented by employees during the hours of the workday a Notice to Employees. (b) The Notice to Employees poster shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees.

California Labor Code 3550

Every employer subject to the compensation provisions of this division shall post and keep posted in a conspicuous location frequented by employees, and where the notice may be easily read by employees during the hours of the workday, a notice that states the name of the current compensation insurance carrier of the employer, or when such is the fact, that the employer is self-insured, and who is responsible for claims adjustment. (b) Failure to keep any notice required by this section conspicuously posted shall constitute a misdemeanor, and shall be prima facie evidence of noninsurance.

(d) (9) (e) Failure of an employer to provide the notice required by this section shall automatically permit the employee to be treated by his or her personal physician with respect to an injury occurring during that failure.

(f) The form and content of the notice required to be posted by this section shall be made available to self-insured employers and insurers by the administrative director. Insurers shall provide this notice to each of their policyholders, with advice concerning the requirements of this section and the penalties for a failure to post this notice.

The California Department of Industrial Relations (DIR) have instructed that the California WC Notice Employees (DWC-7) should be replaced with this new updated version whether a CA MPN is used or not. Again, the DWC-7 posting requirements apply to all employers (MPN and non-MPN).

Please click on this URL to download the new DWC-7 - https://www.dir.ca.gov/dwc/NoticePoster.pdf  . Again, use of this DWC-7 is effective January 1, 2016.

The revised DWC-7 notice includes changes to its wording and introduces three new data fields:

  • MPN Identification Number
  • MPN Medical Access Assistant Telephone Number
  • MPN Contact Person Telephone Number

Here is the DWC-7 information for the Gallagher Bassett Platinum-M MPN:

Gallagher Bassett Platinum-M MPN

  • MPN website:  www.talispoint.com/cvty/gbmpn
  • MPN Effective Date:  Differs by client and client location
  • MPN Identification number:  2471
  • Medical Access Assistant Phone Number:  1-855-446-9021
  • MPN Contact Phone Number:   1-855-203-2845

To find the location of the Information & Assistance Officer field on the DWC-7 form, please click on this URL -  http://www.dir.ca.gov/asp/DWCZipSearch.html

Time of Hire Pamphlet “Facts About Workers’ Compensation”
The time of hire pamphlet is covered under LC 3551 and §9880.

To review the entire regulations and learn the employer responsibilities for §9880 - Written Notice to New Employees, please click on this URL - https://www.dir.ca.gov/t8/9880.html .

The Time of Hire Pamphlet “Facts About Workers’ Compensation”, is effective January 1, 2016.

To download the free Gallagher Bassett Time of Hire Pamphlets, please click on the text below.   These PDF documents can edited where specific information can be entered and then saved as a new PDF.

As another option, you may also order the new pamphlets, please use your Internet Browser to access the CWCI (California Workers’ Compensation Institute) website - www.cwci.org/store.html . For additional information, call CWCI at (510) 251-9470.

 § 10139. Workers' Compensation Claim Form (DWC 1) and Notice of Potential Eligibility.

To review the entire regulations and learn the employer responsibilities for §10139 - Workers' Compensation Claim Form (DWC 1) and Notice of Potential Eligibility, please click on this URL - https://www.dir.ca.gov/t8/10139.html  .

California Labor Code Section 5401 (a)

Within one working day of receiving notice or knowledge of injury under Section 5400 or 5402, which injury results in lost time beyond the employee's work shift at the time of injury or which results in medical treatment beyond first aid, the employer shall provide, personally or by first-class mail, a claim form and a notice of potential eligibility for benefits under this division to the injured employee, or in the case of death, to his or her dependents. As used in this subdivision, “first aid” means any one-time treatment, and any followup visit for the purpose of observation of minor scratches, cuts, burns, splinters, or other minor industrial injury, which do not ordinarily require medical care. This one-time treatment, and followup visit for the purpose of observation, is considered first aid even though provided by a physician or registered professional personnel. “Minor industrial injury” shall not include serious exposure to a hazardous substance as defined in subdivision (i) of Section 6302. The claim form shall request the injured employee's name and address, social security number, the time and address where the injury occurred, and the nature of and part of the body affected by the injury. Claim forms shall be available at district offices of the Employment Development Department and the division.  

Please click on this URL to download the new DWC-1, effective January 1, 2016 - http://www.dir.ca.gov/dwc/DWCForm1.pdf