Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 1.5. Injuries on or After January 1, 1990
- Article 9. CLAIM FORM: AVAILABILITY, FILING, ACKNOWLEDGEMENT OF RECEIPT, DISMISSAL
The regulation, as printed
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5401Labor Code § 5401.7Labor Code § 5402
Authority and history
Note: Authority cited: Sections 133 and 5307.3, Labor Code. Reference: Sections 5401, 5401.7 and 5402, Labor Code.
1. Change without regulatory effect renumbering former section 10117.1 to section 10138, including amendment of section, filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No.15).
What panels did with this rule
Released decisions that named § 10138, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ17359397 · 2026-02-26 · Pomona District Office8 CCR § 10138
Determinative passage · p.8Pursuant to section 5401 and A.D. Rule 10138 et seq., within one working day from when an employer receives written notice or knowledge of an injury caused by employment or knowledge of an assertion of an injury claim resulting in lost time from work beyond the employee's shift or medical treatment beyond first aid, the employer is required to provide the employee personally, or by first class mail, the Claim Form and a Notice of Potential Eligibility for benefits. (Lab. Code, § 5401; Cal. Code Regs., tit. 8, § 10138 et seq.; Wagner, supra, at p. 32.)
The employer's duty to provide the Claim Form tolls the statute of limitations until the claim is denied or presumed compensable.
Official decision · page 8 →