California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 9 - Review of Administrative Orders Issued by the Administrative Director › Section 10208.8 - Petition Appealing Order Granting or Denying Petition for Order Requiring Employee to Select Employer-Designated Physician

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a timely petition
					 appealing a decision granting or denying a change of primary treating petition,
					 pursuant to California Code of Regulations, title 8, section
					 9786, subd. (e) (2) or (e) (3), the
					 matter shall be referred to a workers' compensation administrative law judge
					 for hearing and determination of the issues raised. The petition shall be
					 accompanied by a copy of the administrative director's order, a declaration of
					 readiness, an application for adjudication if one has not been previously
					 filed, and any other documents deemed relevant that have not been previously
					 filed. A party aggrieved by the determination of the workers' compensation
					 administrative law judge may seek relief therefrom within the same time and in
					 the same manner specified for petitions for reconsideration.
(b) Any party aggrieved by an order issued by
					 a workers' compensation administrative law judge pursuant to a referral under
					 California Code of Regulations, title 8, section
					 9786, subd. (e)(4), of the rules of
					 the administrative director may petition the appeals board for relief therefrom
					 within twenty (20) days from the date of the issuance of the order in the same
					 manner specified for petitions for reconsideration.
1. New
						article 7 (sections
						10208.8-10208.11) and renumbering
						of former section
						10290 to new section
						10208.8, including amendment of
						NOTE, filed 12-10-2012 as a change without regulatory effect pursuant to
						section 100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
2. Renumbering of article 7 to article 9
						filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government
						Code section
						11346.1(d)
						(Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Renumbering of article 7 to article 9 filed
						12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government Code
						section
						11346.1(d)
						(Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
4. Renumbering of article 7 to article 9 refiled
						6-26-2013 as an emergency; operative 7-1-2013 pursuant to Government Code
						section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
5. Renumbering of article 7 to article 9 refiled
						9-30-2013 as an emergency; operative 10-1-2013 pursuant to Government Code
						section
						11346.1(d)
						(Register 2013, No. 40). A Certificate of Compliance must be transmitted to OAL
						by 12-30-2013 or emergency language will be repealed by operation of law on the
						following day.
6. Certificate of Compliance as to 9-30-2013 order
						transmitted to OAL 11-8-2013 and filed 12-16-2013 (Register 2013, No.
						51).
Note: Authority cited: Sections
						  111,
						  133 and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  126,
						  4600,
						  4603 and
						  4603.5, Labor
						  Code.