California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 13 - Hearings › Section 10788 - Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A party shall be entitled to automatic reassignment of a
						trial or expedited hearing to another workers' compensation judge in accordance
						with the provisions of this rule. Consolidated cases are to be considered as
						one case within the meaning of this rule.
(a) An injured worker shall be entitled to
					 one reassignment of a workers' compensation judge for trial or expedited
					 hearing. The defendants shall be entitled to one reassignment of a workers'
					 compensation judge for a trial or expedited hearing, which may be exercised by
					 any of them. This rule is not applicable to conference hearings. In no event
					 shall any motion or petition for reassignment be entertained after the swearing
					 of the first witness at a trial or expedited hearing.
(b) If the parties are first notified of the
					 identity of the workers' compensation judge assigned for trial at a mandatory
					 settlement conference, at a status conference, at a lien conference, at a
					 priority conference or upon reassignment at the time of trial, to exercise the
					 right to automatic reassignment a party must make an oral motion immediately
					 upon learning the name of the workers' compensation judge to whom the case has
					 been assigned for trial. The motion shall be acted upon immediately by the
					 presiding workers' compensation judge.
(c) If the parties are first notified of the
					 identity of the workers' compensation judge assigned for trial or expedited
					 hearing by a notice of trial served by mail, to exercise the right to automatic
					 reassignment a party must file a petition requesting reassignment not more than
					 5 days after receipt of the notice of trial or expedited hearing. The presiding
					 workers' compensation judge shall rule on any petition for automatic
					 reassignment.
(d) If a petition for
					 automatic reassignment is granted and results in a new trial date, a new notice
					 of trial or expedited hearing shall be served. Unless required for the
					 convenience of the Workers' Compensation Appeals Board, no continuance shall be
					 granted by reason of a petition or motion under this rule. If a continuance is
					 granted, another trial or expedited hearing shall be scheduled as early as
					 possible.
(e) If a party files a
					 petition or makes a motion for automatic reassignment and no other workers'
					 compensation judge is available in the office, the assignment shall be made by
					 a deputy commissioner of the Appeals Board.
1.
						Renumbering and amendment of former section
						10453 to section
						10788 filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Section
						  5307, Labor
						  Code. Reference: Section
						  5310, Labor
						  Code.