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California · Workers' Compensation

What Is 8 CCR §9881: Posting Notice and MPN Information?

California Code of Regulations, Title 8, section 9881 lists what an employer's required workers' compensation posting must say. Two parts stand out: the notice must describe the employer's Medical Provider Network, including how to reach it, and the notice must appear in Spanish, not only English, where Spanish-speaking employees work. This regulation carries out the posting duty that Labor Code 3550 creates.

Eman Yazdchi, Esq., Certified Specialist in Workers' Compensation Law, California Board of Legal Specialization, State Bar of California.

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Eman Yazdchi, Certified Specialist in Workers' Compensation Law (California Board of Legal Specialization, State Bar of California)
Eman Yazdchi, Esq.Certified Specialist, Workers’ Compensation Law
California Board of Legal Specialization, State Bar of California
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(a) Every employer shall post and keep posted in a conspicuous location frequented by employees during the hours of the workday a Notice to Employees. (b) The Notice to Employees poster shall be easily understandable. It shall be posted in both English and Spanish where there are Spanish-speaking employees.

California Code of Regulations, title 8, section 9881(a)-(b) (verbatim). Source: dir.ca.gov

What does 8 CCR 9881 require?

This regulation spells out, item by item, what the workers' comp posting at your job has to cover.

Labor Code 3550 is the law that creates the posting duty itself. Title 8, section 9881 is the Division of Workers' Compensation rule that fills in the detail. It lists thirteen pieces of information the posted notice must include, from the insurer's name to emergency phone numbers to benefit rights. The Labor Code 3550 posting requirements page already covers that full list in plain language. Two parts of section 9881 deserve their own explanation, because no other page on this site covers them in depth: what the notice must say about your Medical Provider Network, and the rule that the notice must be in Spanish.

What must the notice say about your Medical Provider Network?

If your employer uses an MPN, the posted notice must explain it and give you a way to reach it.

Subsection (c)(13) requires the posting to describe the employer's Medical Provider Network if one is used. The notice must say what an MPN is, mention the predesignation exemption, and say when you must start treating with an MPN doctor. It must explain how to ask for more information about the network. It must list the MPN's contact phone number and address, and its website if the network has one. It must also give the effective date of the MPN's coverage. Labor Code 4616 is the law that lets an insurer set up an MPN in the first place, and predesignating your own doctor is one way to opt out ahead of time. See a full explanation of how an MPN works.

Does the posted notice have to be in Spanish?

Yes, when Spanish-speaking employees work there, both the statute and the regulation say so directly.

Subsection (b) of this regulation requires the poster to be easily understandable and to appear in both English and Spanish where there are Spanish-speaking employees. Labor Code 3550 states the same rule. Neither law makes an exception for a small crew or a short-term job site. The requirement does not depend on a worker's immigration status, since the underlying posting duty protects every employee.

What should you do if the posted notice is missing the MPN information or is not in Spanish?

Note what you saw, then ask the claims administrator in writing to confirm the MPN details and fix the posting.

Take a photo of the posting area if it is safe and allowed. Write down the date you looked and what, if anything, was posted. A posting gap does not by itself prove there is no valid MPN, and it does not replace medical proof of a work injury, but it is useful if you are disputing whether you were ever properly told about the network, the predesignation exemption, or how to reach it. Ask the claims administrator to send the MPN contact information and the network's effective date in writing.

When did the MPN posting requirement start?

The MPN item was added to this regulation in 2010, and it has not changed since.

The Division of Workers' Compensation amended section 9881 to add the MPN description requirement, subsection (c)(13), effective October 8, 2010. The general posting duty itself is older. If your injury happened before an employer used an MPN at all, this specific requirement would not have applied yet, but it applies to a current posting today.

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What should an injured worker do next?

Check the posting, keep notes, and ask in writing if something required is missing.

Look at your workplace posting and compare it against what this regulation requires. If your employer uses an MPN but the posting does not explain it, or the posting is not in Spanish where it should be, write down what you saw and ask your claims administrator to correct it. See the full Labor Code 3550 posting checklist for everything else the notice must include.

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Frequently Asked Questions

Is 8 CCR 9881 the same rule as Labor Code 3550?

No. Labor Code 3550 is the statute that creates the posting duty. Title 8, section 9881 is the regulation that spells out exactly what the posted notice must say, including the Medical Provider Network and Spanish-language requirements.

What does the notice have to say about my employer's MPN?

It must explain what an MPN is, mention the predesignation exemption, say when you must begin treating with an MPN doctor, explain how to request more information, and list the MPN's phone number, address, website if available, and effective date.

Does every employer have to post MPN information?

Only if the employer uses an MPN to treat work injuries. An employer with no MPN would not have MPN details to post, but the rest of the required posting still applies.

Does the Spanish-language posting rule depend on how many Spanish-speaking employees there are?

No set number is written into the rule. Both Labor Code 3550 and this regulation require a Spanish posting where Spanish-speaking employees work, without a minimum headcount exception.

Can I get in trouble for taking a photo of a missing or incomplete posting?

This page cannot advise on your specific workplace rules, but documenting what you saw, safely and without disrupting work, is a reasonable step before you raise the issue with your claims administrator or an attorney.

Does a posting problem by itself prove my employer has no insurance?

Not for this specific MPN or language requirement. A completely missing notice is treated differently under Labor Code 3550. See the Labor Code 3550 posting requirements page for what happens when the notice is missing entirely.

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