The hospitalization, medical treatment, and indemnity, including death benefits, provided pursuant to this division shall be the same as provided by Division 4 of this code for employees entitled to the benefits of that division.
Chapter 4Benefits and Procedure
Section § 6140
This law section says that the benefits for hospitalization, medical treatment, and financial compensation, including death benefits, must be the same for workers covered under this division as those given to employees under Division 4 of the code. Essentially, it ensures consistency in how workers' benefits are applied.
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Section § 6141
This section states that the rules and guidelines in Division 4, which deal with benefits, procedures, and limitations, automatically apply to this part of the law as long as they align with its goals and purposes.
Except as otherwise provided in this chapter, the provisions of Division 4 of this code, relating to benefits, procedure, and limitations, and all other provisions of that division, so far as they are consistent with the intent and purpose of this division, are made a part hereof the same as if set forth herein verbatim.
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Section § 6142
This section states that certain parts of the labor code that apply only to specific people or jobs are not affected by this division. Specifically, it mentions sections like 3212, 3212.5, 3361, 4458, and 4800 to 4855, which are excepted from the general rules of this division.
The provisions of Sections 3212, 3212.5, 3361, 4458, and 4800 to 4855, inclusive, of this code, as well as of other sections of Division 4 of this code, which are restrictive to particular persons or occupations, are excepted from this division and its operation.
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Section § 6143
This law gives the appeals board the power to handle disputes about obligations related to providing benefits, either directly or through insurance, as required by the law. These benefits should match those mentioned in Division 4, within the limits permitted by insurance regulations.
The appeals board is vested with all power not inconsistent with Article VI of the Constitution of the State of California to hear and determine any dispute or matter arising out of an obligation under this division to provide directly, or through the medium of insurance, benefits identical with those prescribed by Division 4 of this code, with such limitations as are authorized, in the case of insurance, by Section 11657 of the Insurance Code.
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Section § 6144
This law states that the appeals board can resolve disputes related to a specific division of labor law if the involved parties agree in writing, or if one party applies and the other accepts the board's authority. This can happen with or without a specific request for arbitration.
The appeals board may try and determine controversies under this division referred to it by the parties under the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when such controversies are submitted to it by the signed agreement of the parties, or by the application of one party and the submission of the other to its jurisdiction, with or without an express request for arbitration.
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Section § 6145
This law states that if there is a dispute under this division that can be arbitrated, the state, through any of its agencies, or with the consent of the other party involved, must bring the matter to the appeals board for arbitration.
The state, acting by or through any state agency, or when the consent of the opposing party is obtained, shall submit to the appeals board all controversies under this division susceptible of being arbitrated.
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Section § 6146
The appeals board can act as an arbitrator in certain disputes, and while doing so, it holds the same authority and follows similar rules as it does in worker's compensation cases. This means their decisions are as binding and can be reopened, reviewed, and enforced the same way they handle compensation cases.
Additionally, there is no fee for the appeals board's arbitration services.
In acting as arbitrator, the appeals board has all the powers which it has in compensation cases, and its findings and award upon an arbitration have the same conclusiveness and are subject to the same mode of reopening, review, and enforcement as in compensation cases.
No fee or cost shall be charged by the appeals board for acting as arbitrator.
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Section § 6147
This law says that you can't receive any benefits from a state agency or the State Compensation Insurance Fund for an injury or death until you agree in writing. If you decide to sue the state over that injury or death, you have to allow them to deduct the value of the benefits you've received from any money you win. Also, once you start the lawsuit, you won't get any more benefits from the agency.
No state agency, either directly or through its adjusting agency, the State Compensation Insurance Fund, shall pay or provide any benefit authorized by this division unless and until the claimant makes and delivers to such state agency or to the fund an agreement in writing that if he, or his dependents in the event of his death, elects or elect to bring suit against the state with respect to the injury or death, except an action before the appeals board pursuant to the provisions of this division, or an action against the state for damages resulting from the negligence of an employee of another state agency, he or they will allow, and take all proper measures to effect, a credit to the reasonable value of all benefits which he or they have received under the provisions of this division, deductible from any verdict or judgment obtained in such suit, and from the date of commencement of suit will forego further benefits under this division.
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Section § 6148
Before an insurance company pays benefits related to an injury or death, the person making the claim must agree in writing to certain conditions. These conditions include allowing the insurer to deduct any benefits already received from any court award or settlement, and if a lawsuit is filed, stopping any further benefits from the insurance from that point on. This agreement does not apply to actions taken before the appeals board or lawsuits against the state due to another state agency's employee negligence.
The insurer, when insurance exists, shall not pay or provide any benefit authorized by this division unless and until the claimant makes and delivers to the insurer an agreement in writing that if he, or his dependents in the event of his death, elects or elect to bring suit against the state or the insurer with respect to the injury or death, except an action before the appeals board pursuant to the provisions of this division, or an action against the state for damages resulting from the negligence of an employee of another state agency, he or they will allow, and take all proper measures to effect, a credit to the reasonable value of all benefits which he or they have received under the provisions of this division, deductible from any verdict or judgment obtained in such suit, and from the date of commencement of suit will forego further benefits under such insurance.
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Section § 6149
This section says that employees have the right to negotiate a fee agreement with their lawyer before an injury happens.
Nothing shall preclude an employee from negotiating the agreement mentioned in Sections 6147 and 6148 prior to the occurrence of injury.
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