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 18 - Reconsideration, Removal and Disqualification › Section 10940 - Filing and Service of Petitions for Reconsideration, Removal, Disqualification and Answers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Petitions for reconsideration, removal, or disqualification and answers shall
					 be filed in EAMS or with the district office having venue in accordance with
					 Labor Code section
					 5501.5 unless
					 otherwise provided. Petitions for reconsideration of decisions after
					 reconsideration of the Appeals Board shall be filed with the office of the
					 Appeals Board. Petitions filed in EAMS pursuant to this rule must comply with
					 rules 10205.10-10205.14.
(b) No
					 duplicate copies shall be filed with any district office or with the Appeals
					 Board. No documents sent directly to the Appeals Board by fax or e-mail will be
					 accepted for filing, unless otherwise ordered by the Appeals Board.
(c) Every petition and answer shall be
					 verified upon oath in the manner required for verified pleadings in courts of
					 record. A verification and a proof of service shall be attached to each
					 petition and answer. Failure to file a proof of service shall constitute valid
					 ground for dismissing the petition.
(d) A petition shall not exceed 25 pages and
					 an answer shall not exceed 10 pages unless allowed by the Appeals Board. Any
					 verification, proof of service, exhibit, document cover sheet or document
					 separator sheet filed with the petition or answer shall not be counted in
					 determining the page limitation. Upon its own motion or upon a showing of good
					 cause, the Appeals Board may allow the filing of a petition or answer that
					 exceeds the page limitations. A request to exceed the page limitations shall be
					 made by a separate petition, made under penalty of perjury, that specifically
					 sets forth reasons why the request should be granted.
(e) If the petition seeks removal or
					 reconsideration of an arbitrator's decision or disqualification of an
					 arbitrator, the petition and any answer shall be served on the arbitrator and
					 all affected parties in accordance with rule 10610.
1.
						Amendment filed 6-28-83; designated effective 7-1-83 pursuant to Government
						Code Section
						11346.2(d)
						(Register 83, No. 27).
2. Amendment of last paragraph filed
						12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to
						Government Code section
						11351
						(Register 2002, No. 51).
3. Repealer of article 19 heading, new
						article 18 heading and repealer and new section 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: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5501.5,
						  5900,
						  5902 and
						  5905, Labor
						  Code.