2005 California Labor Code Sections 75-78 COMPENSATION

75.  (a) There is in the department the Commission on Health and
Safety and Workers' Compensation.  The commission shall be composed
of eight voting members.  Four voting members shall represent
organized labor, and four voting members shall represent employers.
Not more than one employer member shall represent public agencies.
Two of the employer and two of the labor members shall be appointed
by the Governor.  The Senate Committee on Rules and the Speaker of
the Assembly shall each appoint one employer and one labor
representative.  The public employer representative shall be
appointed by the Governor.  No action of the commission shall be
valid unless agreed to by a majority of the membership and by not
less than two members representing organized labor and two members
representing employers.
   (b) The commission shall select one of the members representing
organized labor to chair the commission during the 1994 calendar
year, and thereafter the commission shall alternatively select an
employer and organized labor representative to chair the commission
for one-year terms.
   (c) The initial terms of the members of the commission shall be
four years, and they shall hold office until the appointment of a
successor.  However, the initial terms of one employer and one labor
member appointed by the Governor shall expire on December 31, 1995;
the initial terms of the members appointed by the Senate Committee on
Rules shall expire December 31, 1996; the initial terms of the
members appointed by the Speaker of the Assembly shall expire on
December 31, 1997; and the initial term of one employer and one labor
member appointed by the Governor shall expire on December 31, 1998.
Any vacancy shall be filled by appointment to the unexpired term.
   (d) The commission shall meet every other month and upon the call
of the chair.  Meetings shall be open to the public.  Members of the
commission shall receive one hundred dollars ($100) for each day of
their actual attendance at meetings of the commission and other
official business of the commission and shall also receive their
actual and necessary traveling expenses incurred in the performance
of their duty as a member.  Payment of per diem and traveling
expenses shall be made from the Workers' Compensation Administration
Revolving Fund, when appropriated by the Legislature.
76.  The commission may employ officers, assistants, experts, and
other employees it deems necessary.  All personnel of the commission
shall be under the supervision of the chair or an executive officer
to whom he or she delegates this responsibility.  All personnel shall
be appointed pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except for the one exemption allowed by subdivision
(e) of Section 4 of Article VII of the California Constitution.
77.  (a) The commission shall conduct a continuing examination of
the workers' compensation system, as defined in Section 4 of Article
XIV of the California Constitution, and of the state's activities to
prevent industrial injuries and occupational diseases.  The
commission may conduct or contract for studies it deems necessary to
carry out its responsibilities.  In carrying out its duties, the
commission shall examine other states' workers' compensation programs
and activities to prevent industrial injuries and occupational
diseases.  All state departments and agencies, and any rating
organization licensed by the Insurance Commissioner pursuant to
Article 3 (commencing with Section 11750) of Chapter 3 of Part 3 of
Division 2 of the Insurance Code, shall cooperate with the commission
and upon reasonable request provide information and data in their
possession that the commission deems necessary for the purpose of
carrying out its responsibilities.  The commission shall issue an
annual report on the state of the workers' compensation system,
including recommendations for administrative or legislative
modifications which would improve the operation of the system. The
report shall be made available to the Governor, the Legislature, and
the public on request.
   (b) On or before July 1, 2003, and periodically thereafter as it
deems necessary, the commission shall issue a report and
recommendations on the improvement and simplification of the notices
required to be provided by insurers and self-insured employers.
   (c) The commission succeeds to, and is vested with, all of the
powers, duties, purposes, responsibilities, and jurisdiction of the
Health and Safety Commission which is hereby abolished, including the
administration of grants to assist in establishing effective
occupational injury and illness prevention programs.
77.5.  (a) On or before July 1, 2004, the commission shall conduct a
survey and evaluation of evidence-based, peer-reviewed, nationally
recognized standards of care, including existing medical treatment
utilization standards, including independent medical review, as used
in other states, at the national level, and in other medical benefit
systems.  The survey shall be updated periodically.
   (b) On or before October 1, 2004, the commission shall issue a
report of its findings and recommendations to the administrative
director for purposes of the adoption of a medical treatment
utilization schedule.
78.  (a) The commission shall review and approve applications from
employers and employee organizations, as well as applications
submitted jointly by an employer organization and an employee
organization, for grants to assist in establishing effective
occupational injury and illness prevention programs.  The commission
shall establish policies for the evaluation of these applications and
shall give priority to applications proposing to target high-risk
industries and occupations, including those with high injury or
illness rates, and those in which employees are exposed to one or
more hazardous substances or conditions or where there is a
demonstrated need for research to determine effective strategies for
the prevention of occupational illnesses or injuries.
   (b) Civil and administrative penalties assessed and collected
pursuant to Sections 129.5 and 4628 shall be deposited in the Workers'
Compensation Administration Revolving Fund.  Moneys in the fund,
when appropriated by the Legislature to fund the grants under
subdivision (a) and other activities and expenses of the commission
set forth in this code, shall be expended by the department, upon
approval by the commission.