Cal. Code Regs. Tit. 8, § 10166 - Consultative Ratings Determinations
(a) The Disability Evaluation Unit will
prepare consultative rating determinations upon request of the appeals board,
workers' compensation administrative law judges, settlement conference
referees, arbitrators, workers' compensation judges pro tempore and information
& assistance officers.
(b)
Consultative rating determinations may be requested for the purpose of
determining the ratable significance of factors, reviewing proposed compromise
and release agreements for adequacy, determining commuted values, resolving
occupational questions or any other matters within the expertise of the
disability evaluators. Consultative Rating Determinations will not be
admissible in judicial proceedings.
(c) The Disability Evaluation Unit may also
prepare consultative rating determinations upon receipt of reasonable requests
from employers, injured workers or their respective representatives. A request
is not considered reasonable where an insurance carrier or self-insurer seeks a
consultative rating determination for the purpose of terminating its liability
or for negotiating a compromise and release settlement where the injured worker
has no representative. Consultative rating determinations shall not to be used
as a substitute for summary rating determinations.
(d) In all cases the person making a request
for a consultative rating determination will provide the Disability Evaluation
Unit with the occupation and age of the injured worker at the time of
injury.
(e) No consultative rating
determination will be provided on cases in which an application for
adjudication of claim has been filed with the appeals board without prior
written authorization of the Appeals Board, a workers' compensation
administrative law judge, settlement conference referee, arbitrator, workers'
compensation judge pro tempore, or information & assistance officer. In
cases where an application has been filed, the disability evaluator may require
that any request for consultative rating determination be accompanied by the
appeals board file.
Notes
2. Amendment of section filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).
3. Amendment of section heading and section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 47).
Note: Authority cited: Sections 133, 5307.3 and 5307.4, Labor Code. Reference: Sections 123.6, 123.7, 124, 5275, 5451, 5502, 5701 and 5703.5, Labor Code.
2. Amendment of section filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).
3. Amendment of section heading and section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 47).
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