reglab/statecodes huggingface dataset:
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 9 - Filing and Service of Documents › Section 10608.5 - Service by Parties and Lien Claimants of Reports and Records on Other Parties and Lien Claimants. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-23-2013; operative 10-23-2013. Submitted as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2013, No. 39).
2. Repealer 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: Art. XIV, §
													4, Cal. Const.; Section
						  5307.9, Labor
						  Code; and Section
						  250,
						  Evidence Code.
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 9 - Filing and Service of Documents › Section 10609 - Service on Lien Claimants. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  4903.1,
						  5708 and
						  5709, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10610 - Filing and Service of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless a statute or rule provides for a different method,
						a requirement to "file and serve" a document means that the document must be
						filed as set forth in rule 10615 and served as set forth in rule 10625, and a
						proof of service of the document must be filed with the Workers' Compensation
						Appeals Board.
1. 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). For prior history, see Register 2002, No.
						51.
2. Amendment filed 12-15-2021; operative 1-1-2022 pursuant to
						Government Code section
						11343.4(b)(3).
						Submitted to OAL for filing and printing only pursuant to Government Code
						section
						11351
						(Register 2021, No. 51).
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Section
						  5500.3, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10615 - Filing of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All documents required or permitted to be
					 filed under the rules of the Workers' Compensation Appeals Board shall be filed
					 in EAMS or with the district office having venue, except as otherwise provided
					 by these rules or ordered or allowed by the Workers' Compensation Appeals
					 Board.
(b) A document is deemed
					 filed on the date it is received, if received prior to 5:00 p.m. on a court
					 day. A document received after 5:00 p.m. on a court day shall be deemed filed
					 as of the next court day.
(c) When
					 a paper document is filed, the Workers' Compensation Appeals Board shall affix
					 on it an appropriate endorsement as evidence of receipt. The endorsement may be
					 made by handwriting, hand-stamp, electronic date stamp or by other means. The
					 endorsement shall serve as confirmation of successful filing unless otherwise
					 notified by the Workers' Compensation Appeals Board or the Administrative
					 Director.
(d) When a document is
					 filed electronically, it shall be deemed to have been received by the Workers'
					 Compensation Appeals Board when transmission of the document is complete.
					 Receipt shall constitute confirmation of successful filing unless otherwise
					 notified by the Workers' Compensation Appeals Board or the Administrative
					 Director. Confirmation of successful filing in EAMS shall be made in the manner
					 described by rule 10206.3.
1.
						Repealer and new section filed 12-23-93; operative 1-1-94. Submitted to OAL for
						printing only pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. Editorial correction of first sentence
						(Register 96, No. 5).
3. Amendment of section heading, repealer and
						new section and new NOTE filed 12-19-2002; operative 1-1-2003. Submitted to OAL
						for printing only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
4. 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).
5. Amendment filed 12-15-2021; operative
						1-1-2022 pursuant to Government Code section
						11343.4(b)(3).
						Submitted to OAL for filing and printing only pursuant to Government Code
						section
						11351
						(Register 2021, No. 51).
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  126,
						  5500.3,
						  5501.5 and
						  5501.6, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10616 - Employer-Maintained Medical Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 12-19-2002; operative 1-1-2003. Submitted
						to OAL for printing only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
2. Amendment of section heading, section
						and NOTE filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
3. Repealer 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
						  4600,
						  5703 and
						  5708, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10617 - Restrictions on the Rejection for Filing of Documents Subject to a Statute of Limitations or a Jurisdictional Time Limitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Application for Adjudication of Claim,
					 a petition for reconsideration, a petition to reopen or any other petition or
					 other document that is subject to a statute of limitations or a jurisdictional
					 time limitation shall not be rejected for filing solely on the basis that:
(1) The document is not filed in the proper
					 office of the Workers' Compensation Appeals Board;
(2) The document has been submitted without
					 the proper form, or it has been submitted with a form that is either incomplete
					 or contains inaccurate information; or
(3) The document has not been submitted with
					 the required document cover sheet and/or document separator sheet(s), or it has
					 been submitted with a document cover sheet and/or document separator sheet(s)
					 not containing all of the required information.
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 9 - Filing and Service of Documents › Section 10618 - X-Rays. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section heading, section and NOTE filed 12-19-2002; operative
						1-1-2003. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2002, No. 51).
2. Renumbering of former section
						10618 to section
						10660 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 and
						  5307, Labor
						  Code. Reference: Sections
						  4600 and
						  5708, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10619 - Subpoena of X-Rays. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
Note: Authority cited: Sections
						  133,
						  5307,
						  5708 and
						  5709, Labor
						  Code. Reference: Sections
						  4600,
						  5708 and
						  5709, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10620 - Filing Proposed Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any document that a party proposes to offer into evidence
						at a trial shall be filed with the Workers' Compensation Appeals Board at least
						20 days prior to the trial unless otherwise ordered by the Workers'
						Compensation Appeals Board.
1. 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). For prior history, see Register 2002, No.
						51.
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  126,
						  5316,
						  5500,
						  5501 and
						  5813, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10622 - Failure to Comply. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 12-19-2002; operative 1-1-2003. Submitted
						to OAL for printing only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
2. Amendment of section and NOTE filed
						9-23-2013; operative 10-23-2013. Submitted as a file and print by the Workers'
						Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2013, No. 39).
3. Repealer 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 and
						  5307, Labor
						  Code. Reference: Sections
						  5703 and
						  5708, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10625 - Service by Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Service shall be made on the attorney or agent of record of each affected party
					 unless that party is unrepresented, in which event service shall be made
					 directly on the party, except as otherwise provided by these rules or ordered
					 or allowed by the Workers' Compensation Appeals Board.
(b) A document may be served using the
					 following methods:
(1) Personal
					 service;
(2) Electronic
					 service;
(3) First class mail;
					 or
(4) An alternative method that
					 will effect service that is equivalent to or more expeditious than first class
					 mail; or
(5) Another method if the
					 serving and receiving parties have agreed.
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 9 - Filing and Service of Documents › Section 10626 - Examining and Copying Hospital and Physicians' Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
2. Amendment of section heading, section
						and NOTE filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
3. Repealer 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: Section
						  4600, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10628 - Service by the Workers' Compensation Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Workers' Compensation Appeals Board
					 shall serve the injured employee or any dependent(s) of a deceased employee,
					 whether or not the employee or dependent is represented, and all parties of
					 record with any final order, decision or award issued by it on a disputed issue
					 after submission. The Workers' Compensation Appeals Board shall not designate a
					 party, or their attorney or agent of record, to serve any final order, decision
					 or award relating to a submitted issue.
(b) If the Workers' Compensation Appeals
					 Board effects personal service of a document at a hearing or at a walk-through
					 proceeding, the proof of personal service shall be made by endorsement on the
					 document, setting forth legibly the name(s) of the person(s) served, the date
					 of service and the fact of personal service. The endorsement shall bear the
					 legibly printed name and signature of the person making the service.
(c) If the Workers' Compensation Appeals
					 Board serves a document by mail, the proof of mail service shall be made by
					 endorsement on the document, setting forth the fact of mail service on the
					 persons or entities listed on the official address record as required by rules
					 10400 and 10401 and shall state the date of mail service.
(d) If the Workers' Compensation Appeals
					 Board electronically serves a document, the proof of electronic service shall
					 be made by endorsement on the document, setting forth the fact of electronic
					 service on the persons or entities listed on the official address record as
					 required by rules 10400 and 10401 and the date of electronic service.
(e) Where a district office of the Workers'
					 Compensation Appeals Board maintains mailboxes for outgoing documents and
					 allows consenting parties, lien claimants and attorneys to obtain their
					 documents from their mailboxes, documents so obtained shall be deemed to have
					 been served on the party, lien claimant or attorney by mail on the date of
					 service specified on the document.
1. 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).
2. Amendment of subsections (c)-(d) filed
						12-15-2021; operative 1-1-2022 pursuant to Government Code section
						11343.4(b)(3).
						Submitted to OAL for filing and printing only pursuant to Government Code
						section
						11351
						(Register 2021, No. 51).
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5316 and
						  5504, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10629 - Designated Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Workers' Compensation Appeals Board may, in its discretion, designate a
					 party or their attorney or agent of record to serve any order that is not
					 required to be served by the Workers' Compensation Appeals Board in accordance
					 with rule 10628.
(b) When a party
					 or their attorney or agent of record is designated to serve an order, the
					 workers' compensation judge shall indicate which parties to serve.
(c) In addition to the service required by
					 rule 10625, service shall also be made on the injured employee or any dependent
					 of a deceased employee, whether or not the employee or dependent is
					 represented.
(d) Within 10 days
					 from the date on which designated service is ordered, the person designated to
					 make service shall serve the document and shall file the proof of
					 service.
1. New
						section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
2. 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
						  5316 and
						  5504, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10630 - Return of Exhibits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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).
2. Repealer filed 11-17-2008; operative
						11-17-2008. Submitted to OAL for printing only (Register 2008, No.
						47).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Section
						  126, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10631 - Specific Finding of Fact-Labor Code Section 139.2(d)(2). [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. Amendment of first 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. Renumbering of former section
						10631 to section
						10683 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 and
						  5307, Labor
						  Code. Reference: Section
						  139.2(d)(2),
						  Labor Code.
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 9 - Filing and Service of Documents › Section 10632 - Service on the Division of Workers' Compensation and the Director of Industrial Relations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an Application for Adjudication of
					 Claim, Stipulations with Request for Award or Compromise and Release is filed
					 in a death case in which there is a bona fide issue as to partial or total
					 dependency, the filing party shall serve copies of the documents on the
					 Department of Industrial Relations. Death Without Dependents Unit.
(b) Service of all documents on the
					 Subsequent Injuries Benefits Trust Fund shall be made on the Division of
					 Workers' Compensation, Subsequent Injuries Benefits Trust Fund.
(c) Service of documents on the Uninsured
					 Employers Benefits Trust Fund shall be made as follows:
(1) Service shall be made on the Division of
					 Workers' Compensation. Uninsured Employers Benefits Trust Fund -- Oakland if
					 the employee's case is venued in one of the following District Offices:
					 Bakersfield, Eureka, Fresno, Oakland, Oxnard, Redding, Riverside, Sacramento,
					 Salinas, San Diego, San Francisco, San Jose, San Luis Obispo, Santa Ana, Santa
					 Rosa, Stockton or Van Nuys.
(2)
					 Service shall be made on the Division of Workers' Compensation, Uninsured
					 Employers Benefits Trust Fund -- Los Angeles if the employee's case is venued
					 in one of the following District Offices: Anaheim, Los Angeles, Long Beach,
					 Marina del Rey, Pomona or San Bernardino.
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 9 - Filing and Service of Documents › Section 10633 - Proposed Rating-Labor Code Section 4065. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. Amendment of first 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 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 and
						  5307, Labor
						  Code. Reference: Section
						  4065, Labor
						  Code.
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 9 - Filing and Service of Documents › Section 10634 - Labor Code Section 4628(k) Requests. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. Repealer 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 and
						  5307, Labor
						  Code. Reference: Section
						  4628(k),
						  Labor Code.
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 9 - Filing and Service of Documents › Section 10637 - Service of Medical Reports, Medical-Legal Reports, and Other Medical Information on a Non-Physician Lien Claimant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this rule shall apply to the service of
						medical reports, medical-legal reports, or other medical information on a
						non-physician lien claimant.
(a) If a
					 party is requested by a non-physician lien claimant to serve a copy of any
					 medical report, medical-legal report, or other medical information relating to
					 the claim, the party receiving the request shall not serve a copy on the
					 non-physician lien claimant unless ordered to do so by the Workers'
					 Compensation Appeals Board.
(b) A
					 non-physician lien claimant shall not subpoena any medical information. Any
					 subpoena that, in whole or in part, requests medical information shall be
					 deemed quashed in its entirety by operation of law.
(c) A non-physician lien claimant shall not
					 seek to obtain any medical information using a waiver, release, or other
					 authorization signed by the employee. Any such waiver, release, or other
					 authorization shall be deemed invalid by operation of law.
(d) A non-physician lien claimant may
					 petition the Workers' Compensation Appeals Board for an order directing a party
					 or other lien claimant in possession or control of any medical report,
					 medical-legal report, or other medical information to serve a copy of that
					 report or information, or a particular portion thereof, on the non-physician
					 lien claimant.
(e) For each
					 document, or a portion thereof, containing medical information that is sought,
					 the petition shall specify each of the following:
(1) The name of the issuing physician,
					 medical organization (e.g., a group medical practice or hospital), or other
					 entity and the date of the document containing medical information, if known,
					 or if not known, sufficient information that the party from whom it is sought
					 may reasonably be expected to identify it; and
(2) The specific reason(s) why the
					 non-physician lien claimant believes that the document containing medical
					 information, or a portion thereof, is or is reasonably likely to be relevant to
					 its burden of proof on its lien claim or its petition for
					 costs.
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 10 - Subpoenas › Section 10640 - Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Workers' Compensation Appeals Board shall issue
						subpoenas and subpoenas duces tecum upon request in accordance with the
						provisions of Code of Civil Procedure sections
						1985
						and
						1987.5
						and Government Code section
						68097.1.
						Subpoenas and subpoenas duces tecum shall be on forms prescribed and approved
						by the Workers' Compensation Appeals Board and shall contain an ADJ
						number.
1. New
						article 10 (sections
						10640-10660) and renumbering and
						amendment of former section
						10953 to section
						10640 filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51). For prior history of article 10 (sections
						10700-10727), see Register 2002,
						No. 51.
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  130 and
						  5401, Labor
						  Code; Sections
						  1985
						  and
						  1987.5,
						  Code of Civil Procedure; and Section
						  68097.1,
						  Government Code.
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 10 - Subpoenas › Section 10642 - Notice to Appear or Produce

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A notice to appear or produce in accordance with Code of
						Civil Procedure section
						1987
						is permissible in proceedings before the Workers' Compensation Appeals
						Board.
1.
						Renumbering of former section
						10532 to section
						10642, including amendment of NOTE,
						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 and
						  5307, Labor
						  Code. Reference: Section
						  132, Labor
						  Code; and Section
						  1987,
						  Code of Civil Procedure.
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 10 - Subpoenas › Section 10644 - Subpoenas of Electronic Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where records or other documentary evidence have been
						recorded or reproduced using the methods described in section
						1551 of the
						Evidence Code and the original records destroyed, the film, legible print
						thereof or electronic recording shall be produced in response to a subpoena
						duces tecum. A party offering a film or electronic recording in evidence may be
						required to provide legible prints thereof or reproductions from the electronic
						recording.
1.
						Renumbering of former section
						10534 to section
						10644, including amendment of
						section heading, section and NOTE, 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 and
						  5307, Labor
						  Code. Reference: Section
						  130, Labor
						  Code; and Section
						  1551,
						  Evidence Code.
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 10 - Subpoenas › Section 10647 - Witness Fees and Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Medical examiners appointed by the Workers' Compensation
						Appeals Board or agreed to by the parties when subpoenaed for cross-examination
						at the Workers' Compensation Appeals Board or deposition shall be paid by the
						party requiring the attendance of the witness in accordance with the rules of
						the Administrative Director.
Failure to serve the subpoena and tender the fee in
						advance based on the estimated time of the trial or deposition may be treated
						by the Workers' Compensation Appeals Board as a waiver of the right to examine
						the witness. Service and payment of the fee may be made by mail if the witness
						so agrees.
1.
						Renumbering of former section
						10536 to section
						10647, including amendment of NOTE,
						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 and
						  5307, Labor
						  Code. Reference: Sections
						  130,
						  131,
						  4621 and
						  5710, Labor
						  Code; and Section
						  2034.430,
						  2034.440
						  and
						  2034.450,
						  Code of Civil Procedure.
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 10 - Subpoenas › Section 10650 - Subpoena for Medical Witness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A subpoena requiring the appearance of a medical witness
						before the Workers' Compensation Appeals Board must be served no fewer than 10
						days before the time the witness is required to appear and
						testify.
1.
						Renumbering and amendment of former section
						10537 to section
						10650 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 and
						  5307, Labor
						  Code. Reference: Section
						  132, Labor
						  Code.
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 10 - Subpoenas › Section 10655 - Subpoenas for Medical Information by Non-Physician Lien Claimants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A lien claimant that is not either a "physician" as
						defined in Labor Code section
						3209.3 or an
						entity described in Labor Code sections
						4903.05(c)(7)
						and
						4903.06(b)
						shall not issue any subpoena or subpoena duces tecum that seeks to obtain any
						medical information about an injured worker, but shall instead follow the
						procedure set forth in rule 10637.
1.
						Renumbering and amendment of former section
						10538 to section
						10655 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,
						  4903.6(d),
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  130,
						  4903.6(d)
						  and
						  5710(a),
						  Labor Code; and Sections
						  56.05 and
						  56.10, Civil
						  Code.
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 10 - Subpoenas › Section 10660 - X-Rays

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon reasonable request of a party, X-rays in the
						possession of, or subject to the control of, an adverse party shall be made
						available for examination by the requesting party or persons designated by that
						party at a time or place convenient to the persons to make the
						examination.
1.
						Renumbering and amendment of former section
						10618 to section
						10660 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 and
						  5307, Labor
						  Code. Reference: Sections
						  4600 and
						  5708, Labor
						  Code.
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 11 - Evidence › Section 10670 - Documentary Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The filing of a document does not signify its receipt in
						evidence and, except for the documents listed in rule 10803, only those
						documents that have been received in evidence shall be included in the record
						of proceedings on the case.
(a)
					 Certified copies of reports or records of any governmental agency, division or
					 bureau shall be admissible in evidence in lieu of the original reports or
					 records.
(b) The Workers'
					 Compensation Appeals Board may decline to receive in evidence:
(1) Any document not listed on the Pre-Trial
					 Conference Statement.
(2) Any
					 document not served at or prior to the mandatory settlement conference, unless
					 good cause is shown.
(3) Any
					 document not filed 20 days prior to trial, unless otherwise ordered by a
					 workers' compensation judge or good cause is shown.
(4) Any physician's report that does not
					 comply with Labor Code section
					 4628 unless
					 good cause has been shown for the failure to comply and, after notice of
					 non-compliance, compliance takes place within a reasonable period of time or
					 within a time prescribed by the workers' compensation judge.
(5) Any report that does not comply with the
					 verification requirements of Labor Code section
					 5703(a)(2)
					 or
					 5703(j)(2).
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 11 - Evidence › Section 10672 - Evidence Taken Without Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Transcripts or summaries of testimony taken without
						notice and copies of all reports and other matters added to the record,
						otherwise than during the course of an open hearing, shall be served upon the
						parties to the proceeding. Unless it is otherwise expressly provided, the
						parties shall be allowed 10 days after service of the testimony and reports
						within which to produce evidence in explanation or rebuttal or to request
						further proceedings before the case shall be deemed submitted for
						decision.
1.
						Renumbering of former section
						10580 to section
						10672 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 and
						  5307, Labor
						  Code. Reference: Section
						  5704, Labor
						  Code.
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 11 - Evidence › Section 10675 - Formal Permanent Disability Rating Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Workers' Compensation Appeals Board may request the
						Disability Evaluation Unit to prepare a formal rating determination on a form
						prescribed for that purpose by the Administrative Director. The request may
						refer to an accompanying medical report or chart for the sole purpose of
						describing measurable physical elements of the condition that are clearly and
						exactly identifiable. In every instance the request shall describe the factors
						of disability in full.
The report of the Disability Evaluation Unit in response
						to the request shall constitute evidence only as to the percentage of the
						permanent disability based on the factors described, and the report shall not
						constitute evidence as to the existence of the permanent disability
						described.
The report of the Disability Evaluation Unit shall be
						filed and served on the parties and shall include or be accompanied by a notice
						that the case shall be submitted for decision 7 days after service unless
						written objection is made within that time.
1.
						Renumbering and amendment of former section
						10602 to section
						10675 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 and
						  5307, Labor
						  Code. Reference: Sections
						  4660 and
						  5708, Labor
						  Code.
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 11 - Evidence › Section 10677 - Oversized Exhibits, Diagnostic Imaging, Physical Exhibits and Exhibits on Media

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The following exhibits shall be filed only at the time of trial:
(1) Oversized documents, other than medical
					 reports, that are:
(A) Larger than 11 x 17
					 inches (e.g., maps, diagrams and schematic drawings); and
(B) Over 25 pages in
					 length;
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 11 - Evidence › Section 10680 - Reproductions of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is presumed a filed photocopy is an
					 accurate representation of the original document. If a party alleges that a
					 filed photocopy is inaccurate or unreliable, the party alleging the document is
					 inaccurate or unreliable shall state the basis for the objection. The filing
					 party must establish that the document is an accurate representation of the
					 original document.
(b) A
					 nonerasable optical image reproduction provided that additions, deletions or
					 changes to the original document are not permitted by the technology, a
					 photostatic, microfilm, microcard, miniature photographic or other photographic
					 copy or reproduction, or an enlargement thereof, of a writing is admissible as
					 the writing itself if the copy or reproduction was made and preserved as a part
					 of the records of a business (as defined by Evidence Code section
					 1270) in the
					 regular course of that business. The introduction of the copy, reproduction or
					 enlargement does not preclude admission of the original writing if it is still
					 in existence. The Workers' Compensation Appeals Board may require the
					 introduction of a hard copy printout of the document.
(c) A printed representation of images stored
					 on a video or digital medium is presumed to be an accurate representation of
					 the images it purports to represent. This presumption is a presumption
					 affecting the burden of producing evidence. If a party to an action introduces
					 evidence that a printed representation of images stored on a video or digital
					 medium is inaccurate or unreliable, the party introducing the printed
					 representation into evidence has the burden of proving by a preponderance of
					 the evidence that the printed representation is an accurate representation of
					 the existence and content of the images that it purports to
					 represent.
1.
						Renumbering of former section
						10605 to section
						10680, including amendment of
						section and NOTE, 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 and
						  5307, Labor
						  Code. Reference: Section
						  5708, Labor
						  Code; and Section
						  1270,
						  Evidence Code.
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 11 - Evidence › Section 10682 - Physicians' Reports as Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Workers' Compensation Appeals Board
					 favors the production of medical evidence in the form of written reports.
					 Direct examination of a medical witness will not be received at a trial except
					 upon a showing of good cause. A continuance may be granted for rebuttal medical
					 testimony subject to Labor Code section
					 5502.5.
(b) Medical reports should include where
					 applicable:
(1) The date of the
					 examination;
(2) The history of the
					 injury;
(3) The patient's
					 complaints;
(4) A listing of all
					 information received in preparation of the report or relied upon for the
					 formulation of the physician's opinion;
(5) The patient's medical history, including
					 injuries and conditions, and residuals thereof, if any;
(6) Findings on examination;
(7) A diagnosis;
(8) Opinion as to the nature, extent and
					 duration of disability and work limitations, if any;
(9) Cause of the disability;
(10) Treatment indicated, including past,
					 continuing and future medical care;
(11) Opinion as to whether or not permanent
					 disability has resulted from the injury and whether or not it is stationary. If
					 stationary, a description of the disability with a complete
					 evaluation;
(12) Apportionment of
					 disability, if any;
(13) A
					 determination of the percent of the total causation resulting from actual
					 events of employment, if the injury is alleged to be a psychiatric
					 injury;
(14) The reasons for the
					 opinion; and
(15) The signature of
					 the physician.
In death cases, the reports of non-examining physicians
						may be admitted into evidence in lieu of oral
						testimony.