1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3025Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 139.45 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTAB 3025, as introduced, Carrillo. Workers compensation: advertisements.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to promulgate regulations regarding advertisements relating to workers compensation and requires the administrative director to take particular care to preclude advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 139.45 of the Labor Code is amended to read:139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal.(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:(1) Contain an untrue statement.(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.(3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.(4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity. |
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3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3025Introduced by Assembly Member CarrilloFebruary 16, 2018 An act to amend Section 139.45 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTAB 3025, as introduced, Carrillo. Workers compensation: advertisements.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to promulgate regulations regarding advertisements relating to workers compensation and requires the administrative director to take particular care to preclude advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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11 | 11 | | Assembly Bill No. 3025 |
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13 | 13 | | Introduced by Assembly Member CarrilloFebruary 16, 2018 |
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15 | 15 | | Introduced by Assembly Member Carrillo |
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16 | 16 | | February 16, 2018 |
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18 | 18 | | An act to amend Section 139.45 of the Labor Code, relating to workers compensation. |
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20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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24 | 24 | | AB 3025, as introduced, Carrillo. Workers compensation: advertisements. |
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26 | 26 | | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to promulgate regulations regarding advertisements relating to workers compensation and requires the administrative director to take particular care to preclude advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation.This bill would make technical, nonsubstantive changes to these provisions. |
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28 | 28 | | Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to promulgate regulations regarding advertisements relating to workers compensation and requires the administrative director to take particular care to preclude advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. |
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30 | 30 | | This bill would make technical, nonsubstantive changes to these provisions. |
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32 | 32 | | ## Digest Key |
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34 | 34 | | ## Bill Text |
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36 | 36 | | The people of the State of California do enact as follows:SECTION 1. Section 139.45 of the Labor Code is amended to read:139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal.(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:(1) Contain an untrue statement.(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.(3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.(4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity. |
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38 | 38 | | The people of the State of California do enact as follows: |
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40 | 40 | | ## The people of the State of California do enact as follows: |
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42 | 42 | | SECTION 1. Section 139.45 of the Labor Code is amended to read:139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal.(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:(1) Contain an untrue statement.(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.(3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.(4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity. |
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44 | 44 | | SECTION 1. Section 139.45 of the Labor Code is amended to read: |
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46 | 46 | | ### SECTION 1. |
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48 | 48 | | 139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal.(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:(1) Contain an untrue statement.(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.(3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.(4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity. |
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50 | 50 | | 139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal.(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:(1) Contain an untrue statement.(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.(3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.(4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity. |
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52 | 52 | | 139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal.(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:(1) Contain an untrue statement.(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.(3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.(4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity. |
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56 | 56 | | 139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers compensation. In promulgating rules with respect to advertising, the State Bar of California and physician licensing boards shall also take particular care to achieve the same goal. |
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58 | 58 | | (b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following: |
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60 | 60 | | (1) Contain an untrue statement. |
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62 | 62 | | (2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead. |
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64 | 64 | | (3) Omit any a fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading. |
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66 | 66 | | (4) Are transmitted in any a manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct. |
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68 | 68 | | (5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No A free medical evaluation or treatment shall not be offered for the purpose of defrauding any an entity. |
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