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 1.8.5 - Electronic Adjudication Management System Rules › Article 1.2 - Electronic Filing › Section 10205.8 - Corrective Measures for Misfiled or Misdirected Documents into the Case Management System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Division of Workers' Compensation may perform document substitution on
					 filed documents; repair scanned documents; and move documents to other
					 adjudication files.
(b) A document
					 substitution may occur where a technical problem of readability and/or
					 legibility exists with a filed document. The filer may seek a substitution of
					 the document by filing a petition to substitute. The proposed document for
					 substitution must be appended to a petition to substitute. If the petition to
					 substitute is granted, the proposed document for substitution will replace the
					 document that was unreadable or illegible.
(c) A document repair may occur where a
					 document scanned into an electronic adjudication file by the Division of
					 Workers' Compensation fails to reflect the original paper document. The
					 Division of Workers' Compensation may repair the document so that the scanned
					 image accurately reflects the original paper document. The Division of Workers'
					 Compensation may repair a document at any time or a party may request a
					 document be repaired. EAMS will retain as viewable the original document for
					 those who have access to the electronic file.
(d) A document may be moved when a document
					 originally scanned by the Division of Workers' Compensation is filed into the
					 wrong electronic file.
(e)
					 Documents that are in the process of being substituted or repaired shall not be
					 moved.
(f) The Division of Workers'
					 Compensation will provide notice to all parties of moved, substituted, or
					 repaired documents within 15 business days.
1.
						Renumbering of former section
						10223 to new section
						10205.8, 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).
Note: Authority cited: Sections
						  111,
						  127,
						  133,
						  138.2(b)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). 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 1.8.5 - Electronic Adjudication Management System Rules › Article 1.2 - Electronic Filing › Section 10205.9 - Extended System Unavailability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, for any reason, there is a technical
					 failure of EAMS for longer than 24 hours, the court administrator, in his or
					 her discretion, may declare that EAMS is unavailable for an extended period of
					 time.
(b) After issuing a
					 declaration of extended system unavailability, the Administrative Director
					 shall issue an order that includes, but is not limited to:
(1) requiring that the district office or the
					 appeals board shall serve all documents by first class mail;
(2) providing that filed documents shall be
					 maintained in temporary paper adjudication files;
(3) providing that the time for performing
					 any action, whether by the parties or by the district office, shall be extended
					 by a specified period or until EAMS is declared to be operational; or
(4) requiring or allowing any other actions
					 or remedies, as deemed appropriate under the circumstances.
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 1.3 - Filing of Documents by Parties or Lien Claimants › Section 10205.10 - Manner of Filing Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided by section
					 10603, subd. (a), all documents
					 shall be filed in paper form.
(b)
					 All paper documents shall be scanned into the electronic adjudication file and
					 then destroyed no less than 30 business days after filing, unless otherwise
					 provided by these rules or ordered by a workers' compensation administrative
					 law judge or the appeals board. A scanned document shall have the same legal
					 effect as a document filed in paper form.
(c) Each of the following persons or entities
					 shall file optical character recognition forms completed by using a computer or
					 typewriter with the exception of OCR forms that are prepared at a hearing or
					 that, for good cause, are filed at trial:
(1)
					 any attorneys representing any party or any lien claimant;
(2) any insurance carrier or any
					 representative of any insurance carrier (including any claims
					 adjustor);
(3) any self-insured
					 employer or any representative of a self-insured employer (including any claims
					 adjustor);
(4) any third-party
					 administrator or any representative of a third-party administrator (including
					 any claims adjustor); and
(5) any
					 lien claimant or any representative of any lien claimant, with the exception
					 of:
(A) a lien claimant (or a non-attorney
					 representative of a lien claimant) asserting a living expenses lien under Labor
					 Code section
					 4903(c);
(B) a lien claimant (or a non-attorney
					 representative of a lien claimant) asserting a burial expenses lien under Labor
					 Code section
					 4903(d);
					 or
(C) a non-governmental lien
					 claimant (or a non-attorney representative of a lien claimant) asserting a
					 spousal or child support expenses lien under Labor Code section
					 4903(e).
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 1.3 - Filing of Documents by Parties or Lien Claimants › Section 10205.11 - Electronic Filing Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a document is filed with EAMS as part of the
						electronic filing trial, that document does not need to be filed in compliance
						with regulation sections
						10205.10 and
						10205.12.
1.
						Renumbering of former section
						10229 to new section
						10205.11, including amendment of
						section and 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).
Note: Authority cited: Sections
						  111,
						  133 and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). 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 1.8.5 - Electronic Adjudication Management System Rules › Article 1.3 - Filing of Documents by Parties or Lien Claimants › Section 10205.13 - Document Cover Sheet Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DWC-CA form 10232.1 (Document cover sheet) revision dated
						11/2017 is incorporated by reference.
1.
						Renumbering of former section
						10232.1 to new section
						10205.13, 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. Change without regulatory effect
						amending Form DWC-CA 10232.1 (incorporated by reference) and section filed
						9-17-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 38).
3. Change without regulatory
						effect amending Form DWC-CA 10232.1 (incorporated by reference) and amending
						section filed 1-2-2018 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 1).
Note: Authority cited: Sections
						  111,
						  133 and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). 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 1.8.5 - Electronic Adjudication Management System Rules › Article 1.3 - Filing of Documents by Parties or Lien Claimants › Section 10205.14 - Document Separator Sheet Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DWC-CA form 10205.14 (Document Separator Sheet) revision
						dated 10/2020 is incorporated by reference.
1.
						Renumbering of former section
						10232.2 to new section
						10205.14, 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. Change without regulatory effect
						amending section and DWC-CA form 10232.2 (incorporated by reference) filed
						4-16-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 16).
3. Change without regulatory
						effect amending Form DWC-CA 10232.2 (incorporated by reference) and section
						filed 9-15-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 38).
4. Change without regulatory
						effect amending Form DWC-CA 10232.2 (incorporated by reference) and amending
						section filed 1-2-2018 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2018, No. 1).
5. Change without regulatory
						effect amending section filed 12-2-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2020, No. 49).
Note: Authority cited: Sections
						  111,
						  133 and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). 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 1.8.5 - Electronic Adjudication Management System Rules › Article 2 - Electronic Filing System Rules › Section 10206 - Electronic Document Filing; Electronic Adjudication Management System (EAMS) Reference Guide and Instructional Manual for E-Form Filers; Incorporation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Electronic documents (E-forms) shall be filed upon a form
						approved by the appeals board. E-form filing shall follow the procedures set
						forth in the
Electronic Adjudication Management System (EAMS) Reference
						Guide and Instructional Manual for E-Form Filers (EAMS E-Form Filing Reference
						Guide)
, dated December 2013, which is incorporated by reference. It
						may be downloaded from the Division of Workers' Compensation through the
						Department of Industrial Relations' website at
www.dir.ca.gov
or may be obtained by writing
						to:
DIVISION OF WORKERS' COMPENSATION
ATTN: EAMS E-FORM FILING REFERENCE GUIDE
P.O. BOX 71010
OAKLAND, CA 94612
1. New
						article 2 (sections
						10206-10206.2) and section 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.
2. New article 2 (sections
						10206-10206.2) and section 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.
3. New article 2 (sections
						10206-10206.2) and section 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.
4. Certificate of Compliance as to 9-30-2013 order,
						including amendment of section, transmitted to OAL 11-8-2013 and filed
						12-16-2013; amendments effective 12-16-2013 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2013, No. 51).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.3, Labor
						  Code; Stats. 2011, c. 559, §
													17 (A.B. 1426). 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 1.8.5 - Electronic Adjudication Management System Rules › Article 2 - Electronic Filing System Rules › Section 10206.1 - Electronic Document Filing; Electronic Adjudication Management System Business Rules for Jet Filers; Incorporation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
JET filing shall follow the procedures set forth in the
Electronic Adjudication Management System JET File Business Rules and
						Technical Specifications
, Version Version 4.1, dated December 2013,
						which is incorporated by reference. This document may be downloaded from the
						Division of Workers' Compensation through the Department of Industrial
						Relations' website at
www.dir.ca.gov
or may
						be obtained by writing to:
DIVISION OF WORKERS' COMPENSATION
ATTN: EAMS JET FILING BUSINESS RULES
P.O. BOX 71010
OAKLAND, CA 94612
1. New
						section 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.
2. New section 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.
3. New section 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.
4. Certificate of Compliance as to 9-30-2013 order,
						including amendment of section, transmitted to OAL 11-8-2013 and filed
						12-16-2013; amendments effective 12-16-2013 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2013, No. 51).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.2, 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 1.8.5 - Electronic Adjudication Management System Rules › Article 2 - Electronic Filing System Rules › Section 10206.2 - Electronic Filing Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All electronic documents must be filed in compliance with
						the Electronic Adjudication Management System regulations set forth in sections
						10205, et seq., except that
						electronic documents do not need to be filed in compliance with sections
						10205.10 and
						10205.12. Documents submitted for
						filing by any unrepresented injured employee, any unrepresented dependent of an
						injured employee, or any unrepresented uninsured employer may be in paper
						form.
1. New
						section 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.
2. New section 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.
3. New section 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.
4. 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; Stats. 2011, c. 559, §
													17 (A.B. 1426). 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 1.8.5 - Electronic Adjudication Management System Rules › Article 3 - Manner of Filing of Electronic Documents › Section 10206.3 - Time of Filing of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An electronically transmitted document
					 shall be deemed to have been received by EAMS when the electronic transmission
					 of the document into EAMS is complete. A document received electronically after
					 5:00 pm of a court day (i.e., Monday through Friday, except designated State
					 holidays) shall be deemed filed as of the next court day.
(b) When an e-form is filed electronically,
					 the party filing the document shall verify completion of filing pursuant to the
					 procedures set forth in the EAMS E-Form Filing Reference Guide. In the absence
					 of following the procedures set forth in the EAMS E-Form Filing Reference
					 Guide, there is no presumption that EAMS received the document.
(c) When a document is filed using jet
					 filing, the party filing the document shall verify completion of filing
					 pursuant to the EAMS JET File Business Rules and Technical Specifications,
					 Version 4.1. In the absence of a confirmation of successful filing, there is no
					 presumption that EAMS received the document.
1. New
						article 3 (sections
						10206.3-10206.5) and section 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.
2. New article 3 (sections
						10206.3-10206.5) and section
						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.
3. New article 3 (sections
						10206.3-10206.5) and section
						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.
4. Certificate of Compliance as to 9-30-2013 order,
						including amendment of subsections (b)-(c), transmitted to OAL 11-8-2013 and
						filed 12-16-2013; amendments effective 12-16-2013 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2013, No. 51).
Note: Authority cited: Sections
						  111,
						  133,
						  138.2(b)
						  and
						  5307.3, 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 1.8.5 - Electronic Adjudication Management System Rules › Article 3 - Manner of Filing of Electronic Documents › Section 10206.4 - Uniform Assigned Names

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Uniform assigned names (UAN) shall be created and
						assigned for claims administrators, representatives and lien claimant
						organizations by the DWC Central Registration Unit. The Central Registration
						Unit shall maintain the website list of uniform names and addresses of claims
						administrators' offices, representatives' offices, and lien claimant
						organization.
1. New
						section 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.
2. New section 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.
3. New section 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.
4. 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,
						  138.2(b)
						  and
						  5307.3, 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 1.8.5 - Electronic Adjudication Management System Rules › Article 3 - Manner of Filing of Electronic Documents › Section 10206.5 - Form and Size Requirements for Electronic Filed Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Electronic document filing shall be filed
					 in accordance with the following standards:
(1) All electronically filed documents shall
					 be submitted by using the appropriate e-form or XML file.
(2) Any document that is required to
					 accompany an electronic form shall be filed as an attachment to the electronic
					 form and shall be submitted in one of the following four file formats:
					 "PDF/A1-a (Portable Document Format)," "DOC (".doc" Microsoft Word document),"
					 "XLS" (".xls" Microsoft Excel worksheet sheet)," or "TIFF (".tif or .tiff"
					 Tagged Image File Format)." Filing using the "PDF/A1-a" is preferred.
(3) With the exception of electronic forms
					 and required attachments, no embedded data shall be allowed in electronically
					 filed documents.
(4) The filing
					 party shall take all reasonable steps to ensure that the filing does not
					 contain computer code, including viruses that might be harmful to EAMS or to
					 other users of EAMS. Any electronically submitted document that is determined
					 to contain a virus or other potentially harmful computer code may not be
					 processed and may be deleted.
(5)
					 If it is necessary to attach a document to an e-form, the filing party shall
					 verify the readability of the scanned document before submitting it to
					 EAMS.
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 4 - DWC E-Forms, DWC Unstructured Forms, and DWC Jet Forms › Section 10206.14 - DWC E-Forms and DWC Unstructured Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Authorized e-form filers shall use the e-forms from the
						external user home page. E-forms filing may be obtained from the DWC website at
http://www.dir.ca.gov/dwc/forms.html#EAMSForms
.
1. New
						article 4 (sections
						10206.14-10206.15) and section
						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.
2. New article 4 (sections
						10206.14-10206.15) and section
						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.
3. New article 4 (sections
						10206.14-10206.15) and section
						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.
4. 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. 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 1.8.5 - Electronic Adjudication Management System Rules › Article 4 - DWC E-Forms, DWC Unstructured Forms, and DWC Jet Forms › Section 10206.15 - DWC Jet Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Authorized JET filers shall file forms using the EAMS JET
						File Business Rules and Technical Specifications, Version 4.1. JET filing forms
						may be obtained from the DWC website at
http://www.dir.ca.gov/dwc/forms.html
.
1. New
						section 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.
2. New section 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.
3. New section 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.
4. Certificate of Compliance as to 9-30-2013 order,
						including amendment of section, transmitted to OAL 11-8-2013 and filed
						12-16-2013; amendments effective 12-16-2013 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2013, No. 51).
Note: Authority cited: Sections
						  111,
						  133 and
						  5307.3, 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 1.8.5 - Electronic Adjudication Management System Rules › Article 5 - The Form of Minutes of Hearing and Electronically Filed Decisions, Findings, Awards, and Orders › Section 10206.20 - Minutes of Hearing Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DWC-CA form 10245 (Minutes of Hearing form) revision
						dated 11/2008 is incorporated by reference.
1. New
						article 4 (section
						10208.1) and renumbering of former
						section 10245 to new section
						10208.1, 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 former article 4 to
						article 5 and renumbering of former section
						10208.1 to new section
						10206.20 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 former article 4 to article 5 and
						renumbering of former section
						10208.1 to new section
						10206.20 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.
4. Renumbering of former article 4 to article 5 and
						renumbering of former section
						10208.1 to new section
						10206.20 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.
5. 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,
						  5313,
						  5502(b)
						  and
						  5502(c),
						  Labor Code.
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 6 - Initial Lien Filing and Lien Activation Fees › Section 10207 - Initial Lien Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Lien claims enumerated below shall be
					 filed with the Workers' Compensation Appeals Board in writing or electronically
					 upon a form approved by the Workers' Compensation Appeals Board. The lien shall
					 be accompanied by a proof of service and any other documents required by the
					 appeals board.
(1) Reasonable attorney's fees
					 (Labor Code section
					 4903(a)).
(2) Living expense liens (Labor Code
					 4903(c)).
(3) Burial expense liens (Labor Code
					 4903(d)).
(4) Spousal and child
					 support liens (Labor Code 4903(e)).
(5) Employment Development Department liens
					 (Labor Code sections
					 4903, subdivisions (f), (g), and
					 (h).
(6) Victims of Crime liens
					 (Labor Code section
					 4903(i)).
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 6 - Initial Lien Filing and Lien Activation Fees › Section 10208 - Lien Activation Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 section 4903(b) lien filed
					 prior to January 1, 2013, and any cost filed as a lien prior to January 1,
					 2013, shall be subject to a lien activation fee in the sum of one hundred
					 dollars ($100.00), payable to the Division of Workers' Compensation. The $100
					 fee is payment for the activation of a lien. No lien claimant that is required
					 to pay an activation fee shall file a declaration of readiness or participate
					 in any lien conference including obtaining an order allowing its lien in whole
					 or in part, without submitting written proof of prior timely payment of the
					 fee, or without electronic proof of prior timely payment of the fee that is
					 available to the judge and parties at the conference. "Prior timely payment"
					 means payment of the activation fee (1) prior to the filing of a declaration of
					 readiness for a lien claimant filing a declaration of readiness, or (2) prior
					 to an appearance at a lien conference by a lien claimant of record that did not
					 file the declaration of readiness.
(1) The
					 following lien claimants are exempt from the payment of the lien activation fee
					 requirements under this section:
(A) A health
					 care service plan licensed pursuant to section
					 1349
					 of the Health and Safety Code.
(B)
					 A group disability insurer under a policy issued in this state pursuant to the
					 provisions of section
					 10270.5 of
					 the Insurance Code.
(C) A
					 self-insured employee welfare benefit plan, as defined in section
					 10121 of
					 the Insurance Code issued in this state.
(D) A Taft-Hartley health and welfare
					 fund.
(E) A publicly funded program
					 providing medical benefits on a nonindustrial basis.
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 6 - Initial Lien Filing and Lien Activation Fees › Section 10208.1 - Lien Fee Refunds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Lien filing and/or lien activation fees will be automatically refunded when any
					 one of the following occurs:
(1) A lien filing
					 or activation fee is paid properly but the lien or lien activation was not
					 processed due to a system error. In this case, the filing or activation fee
					 must be resubmitted in order for the lien or activation to be processed.
					 However, the filing or activation date will be deemed to be the date on which
					 the filing or activation fee was first properly paid.
(2) A lien activation fee is paid and it is
					 confirmed by the fee payment system that such fee was paid previously for the
					 same lien, or the lien is not available for activation.
(3) An improper amount is paid for a lien
					 filing fee or activation fee. In this case, the filing or activation fee must
					 be repaid in the proper amount in order for the lien filing or lien activation
					 to be effective. The lien filing or activation date will be deemed to be the
					 date that the filing or activation fee is properly paid.
(4) A lien filing fee is properly paid, but
					 due to a procedural defect in the filing of the lien, the filing is not
					 effective and the filer was not able to re-file and cure the defect with 15
					 days pursuant to California Code of Regulations, title 8, section
					 10222(a). The lien
					 filing date will be deemed to be the date that the lien is properly
					 filed.
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 7 - Declarations of Readiness to Proceed, Expedited Hearing and Pre-Trial Conference Statement Forms › Section 10208.2 - Declaration of Readiness to Proceed Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DWC-CA form 10250.1 (Declaration of Readiness to Proceed
						form) revision dated 6/2011 is incorporated by reference.
1. New
						article 5 (sections
						10208.2-10208.4) and renumbering of
						former section
						10250.1 to new section
						10208.2, 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 5 to article 7
						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 5 to article 7 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.
4. Renumbering of article 5 to article 7 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.
5. 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,
						  5502(a)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  126 and
						  5502, Labor
						  Code.
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 7 - Declarations of Readiness to Proceed, Expedited Hearing and Pre-Trial Conference Statement Forms › Section 10208.3 - Expedited Hearing Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DWC-CA form 10252.1 (Expedited Hearing form) revision
						dated 11/2008 is incorporated by reference.
1. Change
						without regulatory effect renumbering former section
						10252.1 to new section
						10208.3, including amendment of
						NOTE, filed 12-10-2012 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2012, No. 50).
Note: Authority cited: Sections
						  111,
						  133,
						  5502(b)
						  and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  126 and
						  5502(b),
						  Labor Code.
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 7 - Declarations of Readiness to Proceed, Expedited Hearing and Pre-Trial Conference Statement Forms › Section 10208.4 - Pre-Trial Conference Statement Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DWC-CA form 10253.1 (Pre-trial Conference Statement form)
						revision dated 9/2010 is incorporated by reference.
1.
						Renumbering of former section
						10253.1 to new section
						10208.4, 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).
Note: Authority cited: Sections
						  111,
						  133,
						  5307.3 and
						  5502, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  126 and
						  5502, Labor
						  Code.
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 8 - Access to Records and Retention of Records › Section 10208.6 - Prohibitions on Document Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following documents shall not be made available for
						inspection by any person:
(a)
					 Decisions, reports, opinions, orders, recommendations and other documents that
					 are in the process of preparation, or, although fully prepared, have not yet
					 been signed and filed.
(b) Ratings
					 that have not yet been served.
(c)
					 The working papers, personal notes, deliberation records, and other private
					 notations made by a workers' compensation administrative law judge,
					 commissioner, deputy commissioner or appeals board attorney or legal assistant
					 in the course of hearing or deliberation relating to the case.
(d) Any legal memorandum or analysis prepared
					 by a workers' compensation administrative law judge, commissioner, deputy
					 commissioner, appeals board attorney or legal assistant to assist a workers'
					 compensation administrative law judge, deputy commissioner or commissioner in
					 his or her deliberations concerning a case.
1.
						Renumbering of former section
						10271 to new section
						10208.6, including amendment of
						section and 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).
Note: Authority cited: Sections
						  111,
						  133 and
						  5307.3, Labor
						  Code; Section
						  6253.4,
						  Government Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  126,
						  127 and
						  138.7, Labor
						  Code.
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 8 - Access to Records and Retention of Records › Section 10208.7 - Retention, Return and Destruction of Records and Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division of Workers' Compensation
					 shall retain the following records in an adjudication file after the filing of
					 case opening documents (i.e., the initial application for adjudication of claim
					 or, where an application has not previously been filed, either a stipulations
					 with request for award or a compromise and release) for the time periods set
					 forth in subdivisions (d) and (e):
(1) the
					 application for adjudication of claim and any amended application;
(2) all settlement documents;
(3) all orders, decisions, or
					 awards;
(4) all minutes of
					 hearing;
(5) all minutes of hearing
					 and summary of evidence;
(6) all
					 medical-legal reports;
(7) all
					 permanent and stationary medical reports of treating physicians;
(8) all rating instructions;
(9) all formal ratings, summary rating
					 determinations, and consultative ratings; and
(10) any other documents as determined by the
					 appeals board or the administrative director.
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 10208.10 - Petition Appealing Order of the Rehabilitation Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Appeals from decisions of the
					 rehabilitation unit of the Division of Workers' Compensation shall be commenced
					 as follows:
(1) if an application for
					 adjudication is already on file, by filing and serving a declaration of
					 readiness and a petition setting forth the reason for the appeal;
(2) if no application for adjudication is on
					 file, by filing and serving an application for adjudication, a declaration of
					 readiness, and a petition setting forth the reason for the
					 appeal.