No fee unless we recoverHome & hospital visits

Leer en español한국어로 보기

Reference

Current as of August 19, 2026

What changed in California workers’ comp in 2026

Five things changed in California workers’ compensation in 2026. Every item below is dated and sourced.

Free, no obligationEnglish, Español, 한국어

THE SHORT ANSWER

Five things changed in California workers’ compensation in 2026. § 5909’s sunset was deleted in July and its transmittal trigger is now permanent. SIBTF was rewritten in July. The utilization review regulations restructured on April 1. Four MTUS guidelines were replaced on January 2. Medical mileage changed twice.

On this page

Below, in order: the treatment guidelines that were replaced, the mental health module that was added, the regulation renumbering that makes older citations wrong, the two statutes that moved in July, and the decisions worth knowing from 2023 through 2026.

January 2, 2026 — four treatment guidelines replaced

Replaced effective January 2, 2026 — each amendment filed December 18, 2025 (Register 2025, No. 51):

GUIDELINE · REGULATIONACOEM EDITION ADOPTED
Shoulder Disorders — 8 CCR § 9792.23.2July 14, 2025
Elbow Disorders — 8 CCR § 9792.23.3July 14, 2025
Hand, Wrist and Forearm Disorders — 8 CCR § 9792.23.4July 14, 2025
Traumatic Brain Injury — 8 CCR § 9792.24.5October 7, 2025

Corrected August 19, 2026. This section previously said two guidelines were replaced. Four were. Verified against the DWCDWC Division of Workers’ Compensation, part of the Department of Industrial Relations. Administers the system. Information Services Center: 1-800-736-7401.’s own MTUSMTUS Medical Treatment Utilization Schedule. California’s treatment guidelines. Four of them — shoulder, elbow, hand/wrist/forearm and traumatic brain injury — were replaced January 2, 2026. listing and against the regulations: 8 CCR § 9792.23.2 and § 9792.23.4 each carry “Amendment filed 12-18-2025; operative 1-2-2026.”

Note the section number on that last one. Traumatic brain injury sits under Special Topics at § 9792.24.5, not under Clinical Topics with the orthopedic guidelines. Anyone searching the 9792.23 series for it will not find it.

Why it matters: a utilization reviewUR Utilization Review. The process that approves, modifies, or denies each treatment request. A modification is a denial of what it left out. denial resting on a superseded guideline is resting on something that no longer exists — and so is an appeal that cites it. In the current shoulder guideline: MRI for rotator cuff tendinopathy is strongly recommended; steroid injection for adhesive capsulitis is strongly recommended; rotator cuff repair for chronic massive tears is not recommended; and platelet-rich plasma carries no recommendation, which produces an automatic denial.

The traumatic brain injury replacement matters more than its profile suggests. TBI is the injury most often missed at intake — nobody loses consciousness, nobody orders imaging, and the symptoms are attributed to stress. A replaced guideline changes what a reviewer will approve.

April 1, 2026 — the MTUS added mental health guidelines

8 CCR § 9792.23.8, the Workplace Mental Health Guideline, was amended effective April 1, 2026 — filed April 3, 2026, Register 2026, No. 14 — and it now incorporates three ACOEM modules.

MODULEEDITION
Posttraumatic Stress Disorder and Acute Stress DisorderOctober 1, 2025 — new
Depressive DisordersFebruary 13, 2020
Anxiety DisordersApril 30, 2021

Added August 19, 2026. This page had missed this entirely, and it is the most consequential MTUS change of the year for a large class of claims.

Psychiatric injury Public safety presumptions

The PTSD and Acute Stress Disorder module is the addition. The other two were already there. Why this matters more than the orthopedic updates: psychiatric claims are the hardest category in California workers’ compensation to get treatment authorized in. A guideline is what a utilization reviewer measures a request against — and where none existed, denials rested on general standards and were correspondingly hard to challenge.

This is directly relevant to: anyone claiming psychiatric injury under § 3208.3; public safety members relying on the PTSD presumption; and workers injured in an assault, where § 4660.1(c)(2)’s violent-act exception makes the psychiatric component ratable.

April 30, 2026 — the MTUS Drug List was updated

DWC adopted updates to the MTUS Drug List effective April 30, 2026. Why it matters: whether a drug is exempt or non-exempt on that list decides whether your physician must obtain prior authorization — and for a non-exempt drug the utilization review decision is due in five business days with no extension available (8 CCR § 9792.9.8(b)(3)). A drug that moved between categories changes the process, not just the paperwork.

Utilization review and the formulary

June 1 and August 1, 2026 — four more guidelines

Effective June 1, 2026: Eye Disorders (8 CCR § 9792.23.9) and Initial Approaches to Treatment. Effective August 1, 2026: Ankle and Foot Disorders (§ 9792.23.7) and Hip and Groin (§ 9792.23.10).

The Initial Approaches to Treatment guideline is the one to watch — it governs the earliest phase of care, which is where the § 9792.9.7 thirty-day no-prior-authorization window also operates.

April 1, 2026 — the utilization review regulations were restructured

The UR regulations were reorganized into §§ 9792.9.1 through 9792.9.8. Why it matters: UR deadlines and procedural requirements are where defective decisions are found — and a late UR decision goes to a workers’ compensation judgeWCJ Workers’ Compensation Judge. Decides your case. There is no jury. rather than into IMRIMR Independent Medical Review. The appeal from a UR denial. 30 days (10 if the dispute is only over drugs on the MTUS Drug List)., which is a materially better forum. Citing the pre-April regulation numbers is citing regulations that no longer exist.

How to check a UR denial for defects If IMR upheld the denial

July 13, 2026 — Labor Code § 5909’s transmittal trigger was made permanent

This is the change most likely to be missed. § 5909 deems a petition for reconsiderationPetition for Reconsideration Appeal from a final order. 20 days. A non-final order takes a Petition for Removal instead. denied unless the Appeals Board acts within 60 days. The trigger for that 60 days moved once, was scheduled to move back, and was then locked in place.

THE OPERATIVE TEXT NOW READS

“A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.” The trial judge must give notice of the transmittal to the parties and the Board, and service of the accompanying report under § 5900(b) counts as that notice.

PERIODTHE 60 DAYS RUNS FROM
Before July 2, 2024The date of filing
July 2, 2024 onwardThe date a trial judge transmits the case to the Board — AB 171 (Stats. 2024, ch. 52, § 27)
July 1, 2026AB 171’s sunset date — the day the filing trigger was scheduled to return. SB 171 had not yet been chaptered
July 13, 2026 onwardTransmittal, with no expiration date — SB 171 (Stats. 2026, ch. 83), the same bill that rewrote SIBTF, struck the sunset and repealed the filing-trigger version

We had this backwards until we re-read the chaptered bill, and we have logged that: this site announced a reversion to the filing trigger on July 1. The Legislature undid the sunset twelve days later, on July 13. Because SB 171 was chaptered after July 1, whether the filing trigger governed a petition acted on inside that twelve-day window is an open question, and one worth an attorney’s attention on the specific dates in a file.

Our correction What SB 171 actually changed

Reed v. County of San Bernardino (WCABWCAB Workers’ Compensation Appeals Board. The court system that decides these cases. 23 district offices statewide. significant panel decision, November 5, 2024), which held the clock began when the case appeared as “Sent to Recon” in EAMSEAMS Electronic Adjudication Management System. The Board’s case file system., was construing the trigger that is still operative today.

July 1, 2026 — medical mileage rose to 76¢

Up from 72.5¢, which itself took effect January 1, 2026. The rate applies to travel on or after the effective date regardless of date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this..

Which rate does your trip earn?

July 2026 — SB 171 rewrote SIBTF

The Subsequent Injuries Benefits Trust FundSIBTF Subsequent Injuries Benefits Trust Fund. Pays where a pre-existing disability plus an industrial injury produce a substantially greater disability. Rewritten by SB 171 in July 2026. was rewritten, retroactively, with a June 1, 2026 grandfather snapshot. Anything written about SIBTF before then describes the old rules.

SIBTF pays workers who had a pre-existing disability and then suffered an industrial injury that, combined, produces a substantially greater disability. It is paid by a state fund, not by the employer — genuinely additional money, and chronically under-claimed.

What changed and what it means

Still in effect from 2024–2025, and still widely missed

JULY 1, 2024 — § 6401.9 (SB 553)

Nearly every California employer — not just health care — must maintain a written Workplace Violence Prevention Plan and a Violent Incident Log, and make those records available to employees and their representatives. Ask for it by name.

JULY 23, 2024 — 8 CCR § 3396, THE INDOOR HEAT STANDARD

Applies at 82°F and above, with additional requirements at 87°F. It reaches warehouses, commercial kitchens, laundries, foundries, food processing, manufacturing floors, and delivery vehicles — workplaces previously outside any heat regulation.

OCTOBER 13, 2025 — AB 1336 WAS VETOED

It would have created a rebuttable presumption that heat illness in agricultural employees is industrial, where the employer failed the § 3395 standards. There is no heat illness presumption in California.

2025 — SB 230 AND AB 1125

Ch. 404 and Ch. 291, Stats. 2025, changed the public safety presumption landscape.

OCTOBER 1, 2025 — AB 394

Public transit worker protections: extended to all transit employees and contractors including janitors and fare collectors; battery penalties to $10,000 and/or three years; workplace violence restraining orders available to transit agencies.

Decisions worth knowing from 2023–2026

DECISIONWHAT IT HOLDS
Nunes v. State of California, DMV (WCAB en banc, June 22, 2023, aff’d Nunes II)There is no such thing as “vocational apportionment.” Only reporting physicians determine apportionment under § 4663
Havanis, Fiore, and Cano (2024 WCAB panel decisions)The four-step burden for rebutting a scheduled rating and proving permanent total disability, and why step 4 is where these cases die
Zenith Insurance Co. v. WCAB (Hernandez) (2025) 110 Cal.App.5th 1164Narrowed the special risk exception to the going-and-coming rule
Rader v. Ticketmaster (WCAB significant panel decision, January 8, 2026)An attorney fee commuted from a lifetime award ends when the approved amount is satisfied, and payments must return to full with statutory interest on anything improperly withheld
Guzman v. ADCO Roofing & Waterproofing (WCAB panel, April 27, 2026)A catastrophic-injury psychiatric case remanded on an undeveloped record. The lesson: these are lost on records, not on law

This page is maintained. If you are reading it long after the review date above, the items below the most recent entry may have moved.

Frequently asked questions

Why does this page exist?

Because five things changed in California workers’ compensation in 2026, and a rule is only useful with its date. Every item here is dated and sourced.

My treatment was denied under a guideline. Does this matter?

It can. A utilization review denial resting on a superseded guideline is resting on something that no longer exists — and so is an appeal that cites it. Four orthopedic and TBI guidelines were replaced on January 2, 2026, and four more in June and August.

Is there a heat illness presumption in California now?

No. AB 1336 was vetoed on October 13, 2025.

When does the Board’s 60 days start on my reconsideration petition?

From the date the trial judge transmits the case — permanently, since SB 171 was chaptered July 13, 2026. Petitions acted on between July 1 and July 13, 2026 sit in a genuinely unsettled window.

What is the mileage rate right now?

76¢ per mile for travel on or after July 1, 2026. It was 72.5¢ from January 1 to June 30, 2026, and the rate applies by date of travel regardless of date of injury.

Sources

8 CCR §§ 9792.23.2, 9792.23.3, 9792.23.4, 9792.23.7, 9792.23.8, 9792.23.9, 9792.23.10, 9792.24.5, 9792.9.1–9792.9.8, 3396Labor Code § 3208.3§ 4660.1§ 5900(b)§ 5909§ 6401.9AB 171 (Stats. 2024, ch. 52)SB 171 (Stats. 2026, ch. 83)SB 230 and AB 1125 (Stats. 2025)AB 394 (2025)AB 1336 (2025, vetoed)SB 553 (2023)DWC MTUS listing and Drug ListReed v. County of San Bernardino (WCAB significant panel decision, Nov. 5, 2024)Nunes and Nunes IIHavanis, Fiore, Cano (2024)Zenith Insurance Co. v. WCAB (Hernandez) (2025) 110 Cal.App.5th 1164Rader v. Ticketmaster (Jan. 8, 2026)Guzman v. ADCO Roofing & Waterproofing (Apr. 27, 2026).

General information about California law, not legal advice about your case.

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/resources/2026-law-changes/ · Last reviewed

IF YOU WERE TOLD SOMETHING THAT IS NO LONGER TRUE

Tell us what happened

A short call costs nothing and commits you to nothing. No fee unless we recover, and you are not responsible for costs we advance if there is no recovery. Free consultation in English, Spanish, or Korean.

CALL US · WE CALL BACK(213) 380-9310Free case review