§ 9712. Definitions.

For the purposes of this Article and Section 123.5(a) of the Labor Code, the following definitions shall apply:

(a) “Salary” shall include ordinary pay, but shall not include sick leave pay, industrial disability leave or non-industrial disability insurance substantiated by a physician's report.

(b) “Cause” shall mean a cause of action arising out of the substantive rights, liabilities and duties provided for in Sections 132(a) and 139.5, and in Divisions 4 and 4.5 of the Labor Code which is pending before a Workers' Compensation Administrative Law Judge for decision. “Cause” shall not include Compromise and Release agreements, Stipulations with Request for Award, or petitions and motions which have been filed ex parte and are not part of a submission ordered by a Workers' Compensation Administrative Law Judge.

(c) “Pending and Undetermined” means that the Workers' Compensation Administrative Law Judge's decision has not been filed in the record.

(d) “Submitted” means the closing of the record for the receipt of further evidence or argument.

HISTORY

1. Amendment of section and new Note filed 1-12-99; operative 2-11-99 (Register 99, No. 3).

Note

Note: Authority cited: Sections 123, 123.5(a) and 133, Labor Code. Reference: Sections 123.5(a) and 5313, Labor Code.