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Communications / Technical Issues / Technical Issue

WC Posting Notice (DWC-7) Revision for 2025

Date: 09/13/2024

On July 15, Governor Newsom signed AB 1870 (Ortega), which amended LC §3550 by adding language to the workers’ compensation posting notice (DWC 7) that informs employees of their right to consult an attorney.  The new language, which takes effect 1/1/25, must also note that “in most instances, attorney’s fees will be paid from an injured employee’s recovery.” 

Both insured and self-insured employers are subject to the LC §3550 posting notice requirements which are detailed in CCR §9881.  CCR §9881.1 directs users to the DWC Form 7 (Rev. 1/1/16), a fillable form in English and Spanish promulgated by the Division that employers can complete online then print from the DWC forms page. 

LC §3550(f) requires that the AD make the form and content of the posting notice available to employers and insurers, and that insurers provide the notice to their policyholders with advice concerning the posting notice requirements and the penalties for failure to post.  CWCI recently asked the DWC if it plans to update the DWC 7 with the new language before the 1/1/25 effective date.  In response, the DWC noted that its Legal Unit is working on this and hopes to have the revised notice out to the public before the end of the year.  The Institute will keep you posted on the Division’s progress.

Claims organizations that have developed their own version of the DWC 7 (per CCR §9883) should add the new language regarding attorneys and submit it to the AD for approval before  AB 1870 takes effect on 1/1/25.  Failure to provide current information to employees can lead to loss of medical control for any injury occurring during the time of that failure [LC §3550 (e)], steep civil penalties for each violation [LC §6431], and the tolling of the statute of limitations for filing claims.  An employer’s failure to keep the posting notice conspicuously posted also is considered a misdemeanor and prima facie evidence of noninsurance [LC §3550 (b)].

 

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