California Regulations 10122

• Amendment effective 1/29/03

The following definitions apply to this article and are in addition to those as set forth in Labor Code section 4635:

(a) Alternative Work: A job or occupation, other than modified work, with the same employer which is compatible with the injured employee's work restrictions. Alternative work for injuries occurring on or after 1/1/94 shall also meet the criteria of Labor Code Section 4644 (a)(6).

(b) Case Initiation Document. The cover sheet that provides the name and address of the party(ies) and their representatives, if any, requesting action from the rehabilitation unit.

(c) Claims Administrator. The person or entity responsible for the payment of compensation for a self-administered insurer providing security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a self-administered self-insured employer, or a third-party claims administrator for a self-insured employer, insurer, legally uninsured employer, or joint powers authority.

(d) Correct Rehabilitation Unit District Office. The district office venue assigned by the Rehabilitation Unit.

(e) Employer. The person or entity that employed the injured employee at the time of injury.

(f) In-House Qualified Rehabilitation Representative. An employee of the claims administrator who is capable of developing and implementing a vocational rehabilitation plan and whose experience and regular duties involve the evaluation, counseling or placement of disabled persons, and who is familiar with this article and Article 2.6 (commencing with Section 4635) of Chapter 2 of Part 2 of Division 4 of the Labor Code.

(g) Insurer. Has the same meaning as in Labor Code Section 3211. (h) Modified Work: An injured employee's usual and customary job or occupation with the same employer after modification to accommodate required work restrictions. Modification includes, but is not limited to, changing or excluding certain tasks, reducing the time devoted to certain tasks, modifying the work station, changing the work location, and providing helpful equipment or tools. Modified work for injuries occurring on or after 1/1/94, shall meet the criteria of Labor Code Section 4644(a)(5). An Employer's provision of ergonomic or safety equipment or devices for injury prevention purposes shall not give rise to liability for vocational rehabilitation services.

(i) Notices. Required notices letters generated by the claims administrator and directed to the injured employee.

(j) Parties. The employee, claims administrator and their designated representatives, if any.

(k) Rehabilitation Provider. A person or entity providing vocational rehabilitation services for a fee.

(l) Rehabilitation Unit. The unit established within the Division of Workers' Compensation.

(m) Regular Position: A position arising from the ongoing business needs of the employer which consists of defined activities that can be reasonably viewed as required or prudent in view of the company's business objectives and is expected to last at least 12 months.

(n) Represented Employee: An injured employee who has retained an attorney-at-law who is a member in good standing of the State Bar of California.

Note: Authority cited: Sections 133 139.5 and 5307, Labor Code. Reference: Sections 124, 139.5, 4635, and 4644, Labor Code.