110.  As used in this chapter:
   (a) "Appeals board" means the Workers' Compensation Appeals Board.
  The title of a member of the board is "commissioner."
   (b) "Administrative director" means the Administrative Director of
the Division of Workers' Compensation.
   (c) "Division" means the Division of Workers' Compensation.
   (d) "Medical director" means the physician appointed by the
Industrial Medical Council pursuant to Section 122.
   (e) "Qualified medical evaluator" means physicians appointed by
the Industrial Medical Council pursuant to Section 139.2.
   (f) "Court administrator" means the administrator of the workers'
compensation adjudicatory process at the trial level.



111.  (a) The Workers' Compensation Appeals Board, consisting of
seven members, shall exercise all judicial powers vested in it under
this code.  In all other respects, the Division of Workers'
Compensation is under the control of the administrative director and,
except as to those duties, powers, jurisdiction, responsibilities,
and purposes as are specifically vested in the appeals board, the
administrative director shall exercise the powers of the head of a
department within the meaning of Article 1 (commencing with Section
11150) of Chapter 2 of Part 1 of Division 3 of Title 2 of the
Government Code with respect to the Division of Workers' Compensation
which shall include supervision of, and responsibility for,
personnel, and the coordination of the work of the division, except
personnel of the appeals board.
   (b) The administrative director shall prepare and submit, on March
1 of each year, a report to the Governor and the Legislature
covering the activities of the division during the prior year.  The
report shall include recommendations for improvement and the need, if
any, for legislation to enhance the delivery of compensation to
injured workers.  The report shall include data on penalties imposed
on employers or insurers due to delays in compensation or notices, or
both, by category of penalty imposed.



112.  The members of the appeals board shall be appointed by the
Governor with the advice and consent of the Senate.  The term of
office of the members appointed prior to January 1, 1990, shall be
four years, and the term of office of members appointed on or after
January 1, 1990, shall be six years and they shall hold office until
the appointment and qualification of their successors.
   Five of the members of the appeals board shall be experienced
attorneys at law admitted to practice in the State of California.
The other two members need not be attorneys at law.  All members
shall be selected with due consideration of their judicial
temperament and abilities.  Each member shall receive the salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code.



113.  The Governor shall designate the chairman of the appeals board
from the membership of the appeals board.  The person so designated
shall hold the office of chairman at the pleasure of the Governor.
   The chairman may designate in writing one of the other members of
the appeals board to act as chairman during such time as he may be
absent from the state on official business, on vacation, or absent
due to illness.



115.  Actions of the appeals board shall be taken by decision of a
majority of the appeals board except as otherwise expressly provided.

   The chairman shall assign pending cases in which reconsideration
is sought to any three members thereof for hearing, consideration and
decision.  Assignments by the chairman of members to such cases
shall be rotated on a case-by-case basis with the composition of the
members so assigned being varied and changed to assure that there
shall never be a fixed and continued composition of members.  Any
such case assigned to any three members in which the finding, order,
decision or award is made and filed by any two or more of such
members shall be the action of the appeals board unless
reconsideration is had in accordance with the provisions of Article 1
(commencing with Section 5900), Chapter 7, Part 4, Division 4 of
this code.  Any case assigned to three members shall be heard and
decided only by them, unless the matter has been reassigned by the
chairman on a majority vote of the appeals board to the appeals board
as a whole in order to achieve uniformity of decision, or in cases
presenting novel issues.



116.  The seal of the appeals board bearing the inscription "Workers'
Compensation Appeals Board, Seal" shall be affixed to all writs and
authentications of copies of records and to such other instruments as
the appeals board directs.


117.  The administrative director may appoint an attorney licensed
to practice law in the state as counsel to the division.



119.  The attorney shall:
   (a) Represent and appear for the state and the Division of Workers'
Compensation and the appeals board in all actions and proceedings
arising under any provision of this code administered by the division
or under any order or act of the division or the appeals board and,
if directed so to do, intervene, if possible, in any action or
proceeding in which any such question is involved.
   (b) Commence, prosecute, and expedite the final determination of
all actions or proceedings, directed or authorized by the
administrative director or the appeals board.
   (c) Advise the administrative director and the appeals board and
each member thereof, upon request, in regard to the jurisdiction,
powers or duties of the administrative director, the appeals board
and each member thereof.
   (d) Generally perform the duties and services as attorney to the
Division of Workers' Compensation and the appeals board which are
required of him or her.



120.  The administrative director and the chairman of the appeals
board may each respectively appoint a secretary and assistant
secretaries to perform such services as shall be prescribed.



121.  The chairman of the appeals board may authorize its secretary
and any two assistant secretaries to act as deputy appeals board
members and may delegate authority and duties to these deputies. Not
more than three deputies may act as appeals board members at any one
time. No act of any deputy shall be valid unless it is concurred in
by at least one member of the appeals board.



122.  The Industrial Medical Council shall appoint a medical
director who shall possess a physician's and surgeon's certificate
granted under Chapter 5 (commencing with Section 2000) of Division 2
of the Business and Professions Code.  The medical director shall
employ medical assistants who shall also possess  physicians' and
surgeons' certificates and other staff necessary to the performance
of his or her duties and the duties of the council.  The salaries for
the medical director and his or her assistants shall be fixed by the
Department of Personnel Administration, commensurate with the
salaries paid by private industry to medical directors and assistant
medical directors.



123.  The administrative director may employ necessary assistants,
officers, experts, statisticians, actuaries, accountants, workers'
compensation administrative law judges, stenographic shorthand
reporters, legal secretaries, disability evaluation raters, program
technicians, and other employees to implement new, efficient court
management systems.  The salaries of the workers' compensation
administrative law judges shall be fixed by the Department of
Personnel Administration for a class of positions which perform
judicial functions.


123.3.  Any official reporter employed by the administrative
director shall render stenographic or clerical assistance as directed
by the presiding workers' compensation administrative law judge of
the office to which the reporter is assigned, when the presiding
workers' compensation administrative law judge determines that the
reporter is not engaged in the performance of any other duty imposed
by law.



123.5.  (a) Workers' compensation administrative law judges employed
by the administrative director and supervised by the court
administrator pursuant to this chapter shall be taken from an
eligible list of attorneys licensed to practice law in this state,
who have the qualifications prescribed by the State Personnel Board.
In establishing eligible lists for this purpose, state civil service
examinations shall be conducted in accordance with the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code).  Every workers' compensation judge
shall maintain membership in the State Bar of California during his
or her tenure.
   A workers' compensation administrative law judge may not receive
his or her salary as a workers' compensation administrative law judge
while any cause before the workers' compensation administrative law
judge remains pending and undetermined for 90 days after it has been
submitted for decision.
   (b) All workers' compensation administrative law judges appointed
on or after January 1, 2003, shall be attorneys licensed to practice
law in California for five or more years prior to their appointment
and shall have experience in workers' compensation law.



123.6.  (a) All workers' compensation administrative law judges
employed by the administrative director and supervised by the court
administrator shall subscribe to the Code of Judicial Ethics adopted
by the Supreme Court pursuant to subdivision (m) of Section 18 of
Article VI of the California Constitution for the conduct of judges
and shall not otherwise, directly or indirectly, engage in conduct
contrary to that code or to the commentary to the Code of Judicial
Ethics made by the California Judges Association.
   In consultation with both the court administrator and the
Commission on Judicial Performance, the administrative director shall
adopt regulations to enforce this section.  Existing regulations
shall remain in effect until new regulations based on the
recommendations of the court administrator and the Commission on
Judicial Performance have become effective.  To the extent possible,
the rules shall be consistent with the procedures established by the
Commission on Judicial Performance for regulating the activities of
state judges, and, to the extent possible, with the gift, honoraria,
and travel restrictions on legislators contained in the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000) of the
Government Code).  The court administrator shall have the authority
to enforce the rules adopted by the administrative director.
   (b) Honoraria or travel allowed by the court administrator, and
not otherwise prohibited by this section in connection with any
public or private conference, convention, meeting, social event, or
like gathering, the cost of which is significantly paid for by
attorneys who practice before the board, may not be accepted unless
the court administrator has provided prior approval in writing to the
workers' compensation administrative law judge allowing him or her
to accept those payments.



123.7.  The appeals board may, by rule or regulation, establish
procedures whereby attorneys who are either certified specialists in
workers' compensation by  the California State Bar, or are eligible
for this certification, may be appointed by the presiding workers'
compensation judge of each board office to serve as a pro tempore
workers' compensation judge in a particular case, upon the
stipulation of the employee or his or her representative, and the
employer or the insurance carrier.  Service in this capacity by an
attorney shall be voluntary and without pay.  It is the intent of the
Legislature that the use of pro tempore workers' compensation judges
pursuant to this section shall not result in a reduction of the
number of permanent civil service employees or the number of
authorized full-time equivalent positions.



124.  (a) In administering and enforcing this division and Division
4 (commencing with Section 3200), the division shall protect the
interests of injured workers who are entitled to the timely provision
of compensation.
   (b) The administrative director, in consultation with the court
administrator, shall advise the Industrial Medical Council on a form
adopted by the council whether individual qualified medical
evaluators have prepared formal medical evaluations that can be
satisfactorily rated by the office.
   (c) Forms and notices required to be given to employees by the
division shall be in English and Spanish.



125.  The administrative director shall cause to be printed and
furnished free of charge to any person blank forms  that may
facilitate or promote the efficient performance of the duties of the
Division of  Workers' Compensation.


126.  The Division of  Workers' Compensation, including the
administrative director and the appeals board, shall keep minutes of
all their proceedings and other books or records requisite for proper
and efficient administration.  All records shall be kept in their
respective offices.



127.  The administrative director and court administrator may:
   (a) Charge and collect fees for copies of papers and records, for
certified copies of official documents and orders or of the evidence
taken or proceedings had, for transcripts of testimony, and for
inspection of case files not stored in the place where the inspection
is requested.  The administrative director shall fix those fees in
an amount sufficient to recover the actual costs of furnishing the
services.  No fees for inspection of case files shall be charged to
an injured employee or his or her representative.
   (b) Publish and distribute from time to time, in addition to the
reports to the Governor, further reports and pamphlets covering the
operations, proceedings, and matters relative to the work of the
division.
   (c) Prepare, publish, and distribute an office manual, for which a
reasonable fee may be charged, and to which additions, deletions,
amendments, and other changes from time to time may be adopted,
published, and distributed, for which a reasonable fee may be charged
for the revision, or for which a reasonable fee may be fixed on an
annual subscription basis.
   (d) Fix and collect reasonable charges for publications issued.



127.5.  In the exercise of his or her functions, the court
administrator shall further the interests of uniformity and
expedition of proceedings before workers' compensation administrative
law judges, assure that all workers' compensation administrative law
judges are qualified and adhere to deadlines mandated by law or
regulations, and manage district office procedural matters at the
trial level.



127.6.  (a) The administrative director shall, in consultation with
the Commission on Health and Safety and Workers' Compensation, the
Industrial Medical Council, other state agencies, and researchers and
research institutions with expertise in health care delivery and
occupational health care service, conduct a study of medical
treatment provided to workers who have sustained industrial injuries
and illnesses.  The study shall focus on, but not be limited to, all
of the following:
   (1) Factors contributing to the rising costs and utilization of
medical treatment and case management in the workers' compensation
system.
   (2) An evaluation of case management procedures that contribute to
or achieve early and sustained return to work within the employee's
temporary and permanent work restrictions.
   (3) Performance measures for medical services that reflect patient
outcomes.
   (4) Physician utilization, quality of care, and outcome
measurement data.
   (5) Patient satisfaction.
   (b) The administrative director shall begin the study on or before
July 1, 2003, and shall report and make recommendations to the
Legislature based on the results of the study on or before July 1,
2004.
   (c) In implementing this section, the administrative director
shall ensure the confidentiality and protection of patient-specific
data.


128.  The appeals board may accept appointment as deputy
commissioner under, or any delegation of authority to enforce, the
United States Longshoremen's and Harbor Worker's Compensation Act.
The appeals board may enter into arrangements with the United States,
subject to the approval of the Department of Finance, for the
payment of any expenses incurred in the performance of services under
said act.  I