Section 6409 Of Chapter 3. Responsibilities And Duties Of Employers And Employees From California Labor Code >> Division 5. >> Part 1. >> Chapter 3.
6409
. (a) Every physician as defined in Section 3209.3 who attends
any injured employee shall file a complete report of every
occupational injury or occupational illness to the employee with the
employer, or if insured, with the employer's insurer, on forms
prescribed for that purpose by the Department of Industrial
Relations. A portion of the form shall be completed by the injured
employee, if he or she is able to do so, describing how the injury or
illness occurred. The form shall be filed within five days of the
initial examination. Inability or failure of an injured employee to
complete his or her portion of the form shall not affect the employee'
s rights under this code, and shall not excuse any delay in filing
the form. The employer or insurer, as the case may be, shall file the
physician's report with the department within five days of receipt.
Each report of occupational injury or occupational illness shall
indicate the social security number of the injured employee. If the
treatment is for pesticide poisoning or a condition suspected to be
pesticide poisoning, the physician shall also file a complete report,
which need not include the affidavit required pursuant to this
section, with the department, and within 24 hours of the initial
examination shall file a complete report with the local health
officer by facsimile transmission or other means. If the treatment is
for pesticide poisoning or a condition suspected to be pesticide
poisoning, the physician shall not be compensated for the initial
diagnosis and treatment unless the report is filed with the employer,
or if insured, with the employer's insurer, and includes or is
accompanied by a signed affidavit which certifies that a copy of the
report was filed with the local health officer pursuant to this
section.
(b) As used in this section, "occupational illness" means any
abnormal condition or disorder caused by exposure to environmental
factors associated with employment, including acute and chronic
illnesses or diseases which may be caused by inhalation, absorption,
ingestion, or direct contact.