California Regulations 9780 754

From Wcc
Jump to: navigation, search

California > Regulations

§ Definitions



As used in this Article:

(a) "Employer" includes insurers as defined in Division 4 of the Labor Code, and any person performing the duties of an employer under Division 4, Part 2, Chapter 2, Article 2 of the Labor Code, or this Article;

(b) "Employee" includes an attorney or other representative authorized by the employee to exercise any right under Division 4, Part 2, Chapter 2, Article 2 of the Labor Code, or this Article;

(c) "Physician" has the meaning defined in Labor Code Section 3209.3;

(d) "Facility" means a hospital, clinic or other institution capable of providing the medical, surgical, chiropractic or hospital treatment which is reasonably required to cure or relieve the employee from the effects of the injury;

(e) "Reasonable geographic area" within the context of Labor Code Section 4600 shall be determined by giving consideration to:

(1) The employee's domicile, place of employment and place where the injury occurred;

(2) The availability of physicians in the fields of practice, and facilities offering treatment reasonably required to cure or relieve the employee from the effects of the injury;

(3) The employee's medical history;

(4) The employee's primary language.

(f) "First aid" is any one-time treatment, and any follow-up visit for the purpose of observation of minor scratches, cuts, burns, splinters, etc., which do not ordinarily require medical care. Such one-time treatment, and follow-up visit for the purpose of observation, is considered first aid, even though provided by a physician or registered professional personnel.

(g) "Emergency treatment" is that medical treatment reasonably required by an injured employee immediately following an industrial injury or illness, which, if delayed, could decrease the likelihood of maximum recovery.

(h) "Personal physician" means a doctor of medicine, or a doctor of osteopathy, who prior to the injury has directed the medical treatment of the employee and who retains the employee's medical records and medical history. "Personal physician" includes a corporation, partnership or association of such doctors of medicine or osteopathy.

(i) "Employee-selected physician" includes personal physician and physician or facility selected by the employee more than 30 days from the date the injury is reported.

NOTE: Authority cited: Sections 124, 127, 133, 138.2, 138.3, 138.4, 139, 139.5, 139.6, 4600, 4601, 4602, 4603, 4603.2, 4603.5, 5307.3, 5402, 5450, 5451, 5452, 5453, 5454, and 5455, Labor Code. Reference: Chapters 442, 709, and 1172, Statutes of 1977; Chapter 1017, Statutes of 1976; Chapters 1099 and 1259, Statutes of 1975.

HISTORY

1. Repealer of Article 5 (Sections 9783-9785, 9787 and 9788) and new Article 5 (Sections 9780-9787) filed 1-28-76 as an emergency; effective upon filing (Register 76, No. 5). For prior history, see Register 70, No. 49, and Register 72, No. 51.

2. Certificate of Compliance filed 1-29-76 (Register 76, No. 5).

3. New subsections (f)-(i) filed 11-7-78; effective thirtieth day thereafter (Register 78, No. 45).