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6140-6149

LABOR CODE
SECTION 6140-6149

6140.  The hospitalization, medical treatment, and indemnity,
including death benefits, provided pursuant to this division shall be
the same as provided by Division 4 of this code for employees
entitled to the benefits of that division.


6141.  Except as otherwise provided in this chapter, the provisions
of Division 4 of this code, relating to benefits, procedure, and
limitations, and all other provisions of that division, so far as
they are consistent with the intent and purpose of this division, are
made a part hereof the same as if set forth herein verbatim.




6142.  The provisions of Sections 3212, 3212.5, 3361, 4458, and 4800
to 4855, inclusive, of this code, as well as of other sections of
Division 4 of this code, which are restrictive to particular persons
or occupations, are excepted from this division and its operation.



6143.  The appeals board is vested with all power not inconsistent
with Article VI of the Constitution of the State of California to
hear and determine any dispute or matter arising out of an obligation
under this division to provide directly, or through the medium of
insurance, benefits identical with those prescribed by Division 4 of
this code, with such limitations as are authorized, in the case of
insurance, by Section 11657 of the Insurance Code.



6144.  The appeals board may try and determine controversies under
this division referred to it by the parties under the provisions of
Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil
Procedure, when such controversies are submitted to it by the signed
agreement of the parties, or by the application of one party and the
submission of the other to its jurisdiction, with or without an
express request for arbitration.



6145.  The state, acting by or through any state agency, or when the
consent of the opposing party is obtained, shall submit to the
appeals board all controversies under this division susceptible of
being arbitrated.


6146.  In acting as arbitrator, the appeals board has all the powers
which it has in compensation cases, and its findings and award upon
an arbitration have the same conclusiveness and are subject to the
same mode of reopening, review, and enforcement as in compensation
cases.
   No fee or cost shall be charged by the appeals board for acting as
arbitrator.



6147.  No state agency, either directly or through its adjusting
agency, the State Compensation Insurance Fund, shall pay or provide
any benefit authorized by this division unless and until the claimant
makes and delivers to such state agency or to the fund an agreement
in writing that if he, or his dependents in the event of his death,
elects or elect to bring suit against the state with respect to the
injury or death, except an action before the appeals board pursuant
to the provisions of this division, or an action against the state
for damages resulting from the negligence of an employee of another
state agency, he or they will allow, and take all proper measures to
effect, a credit to the reasonable value of all benefits which he or
they have received under the provisions of this division, deductible
from any verdict or judgment obtained in such suit, and from the date
of commencement of suit will forego further benefits under this
division.



6148.  The insurer, when insurance exists, shall not pay or provide
any benefit authorized by this division unless and until the claimant
makes and delivers to the insurer an agreement in writing that if
he, or his dependents in the event of his death, elects or elect to
bring suit against the state or the insurer with respect to the
injury or death, except an action before the appeals board pursuant
to the provisions of this division, or an action against the state
for damages resulting from the negligence of an employee of another
state agency, he or they will allow, and take all proper measures to
effect, a credit to the reasonable value of all benefits which he or
they have received under the provisions of this division, deductible
from any verdict or judgment obtained in such suit, and from the date
of commencement of suit will forego further benefits under such
insurance.



6149.  Nothing shall preclude an employee from negotiating the
agreement mentioned in Sections 6147 and 6148 prior to the occurrence
of injury.