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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10404 - Suspension and Removal of a Non-Attorney Representative's Privilege to Appear Before the Workers' Compensation Appeals Board Under Labor Code Section 4907

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
					 motion of the Appeals Board, a non-attorney representative may have the
					 privilege to appear before the Workers' Compensation Appeals Board removed or
					 suspended for good cause after a hearing.
(b) Good cause includes, but is not limited
					 to, serious or repeated violations of these rules, failure to comply with rule
					 10401 or failure to pay a final order of sanctions, attorney's fees or costs
					 issued under Labor Code section
					 5813 within 60
					 days.
(c) The Appeals Board shall
					 designate a hearing officer to conduct the hearing and make initial rulings on
					 all issues and objections. The hearing officer is subject to disqualification
					 as provided in Labor Code section
					 5311 and rule
					 9721.12. A Petition for Disqualification of a Hearing Officer shall be filed
					 with the Appeals Board as provided in rule 10960.
(d) The Appeals Board shall initiate
					 proceedings by issuing a Notice of Proposed Action setting forth:
(1) the acts or omissions that constitute
					 good cause for removal or suspension and any statutes and rules that the
					 non-attorney representative is alleged to have violated;
(2) the intended action, whether removal or
					 suspension, and the length of time of any proposed suspension;
(3) the date on which the hearing regarding
					 suspension or removal of the non-attorney representative's privilege to appear
					 will take place and the identity of the hearing officer; and
(4) the right to submit a written response to
					 the Notice of Proposed Action within the time specified in the Notice of
					 Proposed Action.
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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10405 - Request for Findings of Fact. [Renumbered]

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. Renumbering of former section
						10405 to section
						10460 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
						  21164,
						  21166,
						  21537,
						  21538,
						  21540 and
						  21540.5,
						  Government Code; and Sections
						  4800.5(d),
						  4801,
						  4804.2,
						  4807 and
						  4851, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10406 - Pre-Application and Miscellaneous Proceedings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section exempt from OAL review pursuant to Government Code section
						11351
						filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
2. Amendment
						filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant
						to Government Code section
						11351
						(Register 93, No. 52).
3. 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
						  132a,
						  4553,
						  4751 and
						  5401, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10407 - Dismissal of Claim Form-Labor Code Section 5404.5. [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. Renumbering of former section
						10407 to new section
						10583 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: Section
						  5404.5, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10408 - Application for Adjudication of Claim Form and Other Forms. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment 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 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. Amendment of section heading, 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).
4. Renumbering of former section
						10408 to section
						10500 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: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  3716,
						  4903.5,
						  5500,
						  5500.3,
						  5501.5 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 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10409 - Venue. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
2. Renumbering of former section
						10409 to section
						10480 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
						  5500 and
						  5501.5, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10410 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No document, including letters or other
					 writings, shall be filed by a party with the Workers' Compensation Appeals
					 Board unless service of a copy thereof is made on all parties together with the
					 filing of a proof of service as provided for in rule 10625.
(b) When the Appeals Board or a workers'
					 compensation judge receives an ex parte letter or other document from any party
					 in a case pending before the Appeals Board or the workers' compensation judge,
					 the Appeals Board or the workers' compensation judge shall serve copies of the
					 letter or document on all other parties to the case with a cover letter
					 explaining that the letter or document was received ex parte in violation of
					 this rule.
(c) No party shall
					 discuss with the Appeals Board or a workers' compensation judge the merits of
					 any case pending before the Appeals Board or that workers' compensation judge
					 without the presence of all necessary parties to the proceeding, except when
					 submitting a walk-through document in accordance with rule 10789.
(d) All correspondence concerning the
					 examination by and the reports of a physician appointed by a workers'
					 compensation judge or the Appeals Board pursuant to Labor Code sections
					 5701,
					 5703.5,
					 5706 or
					 5906 shall be
					 made, respectively, through the workers' compensation judge or the Appeals
					 Board, and no party, attorney or non-attorney representative shall communicate
					 with that physician regarding the merits of the case unless ordered to do
					 so.
1. New
						section 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. Renumbering of former section
						10410 to section
						10488 and renumbering and amendment
						of former section
						10324 to section
						10410 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
						  5701,
						  5703.5,
						  5706,
						  5708 and
						  5906, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10411 - Petition for Change of Venue Under Labor Code Section 5501.6. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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. Renumbering of former section
						10411 to section
						10490 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
						  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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10412 - Proceedings and Decisions After Venue Change. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2002, No. 51). For prior history, see Register 93, No.
						52.
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
						  126 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10414 - Declaration of Readiness to Proceed. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2014, No. 42). For prior history, see Register 2008, No.
						47.
2. Editorial correction of HISTORY 1 (Register 2017, No.
						8).
3. Renumbering of former section
						10414 to section
						10742 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
						  4903.05,
						  4903.06,
						  5500.3,
						  5502 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10415 - Declaration of Readiness to Proceed to Expedited Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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: Section
						  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 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10416 - Objection to Declaration of Readiness to Proceed. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2014, No. 42). For prior history, see Register 2008, No.
						47.
2. Editorial correction of HISTORY 1 (Register 2017, No.
						8).
3. Renumbering of former section
						10416 to section
						10744 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
						  5500.3,
						  5502 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10417 - Walk-Through Documents. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2014, No. 42). For prior history, see Register 2002, No.
						51.
2. Editorial correction of HISTORY 1 (Register 2017, No.
						8).
3. Renumbering of former section
						10417 to section
						10789 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
						  4053,
						  4054,
						  5001,
						  5002,
						  5702 and
						  5710, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10418 - Letters of Appointment for Medical Examinations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment exempt from OAL review pursuant to Government Code section
						11351
						filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
2. Amendment
						filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant
						to Government Code section
						11351
						(Register 93, No. 52).
3. Renumbering of former section
						10418 to section
						10430 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
						  5401 and
						  5703, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10420 - Setting the Case. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former section
						10417 to new section
						10420 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
						10420 to section
						10745 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
						  5310, 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10430 - Vexatious Litigants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this rule, "vexatious
					 litigant" means:
(1) A party who, while
					 acting in propria persona in proceedings before the Workers' Compensation
					 Appeals Board, repeatedly relitigates, or attempts to relitigate, an issue of
					 law or fact that has been finally determined against that party by the Workers'
					 Compensation Appeals Board or by an appellate court;
(2) A party who, while acting in propria
					 persona in proceedings before the Workers' Compensation Appeals Board,
					 repeatedly files unmeritorious motions, pleadings or other papers, repeatedly
					 conducts or attempts to conduct unnecessary discovery, or repeatedly engages in
					 other tactics that are in bad faith, are frivolous or are solely intended to
					 cause harassment or unnecessary delay; or
(3) A party who has previously been declared
					 to be a vexatious litigant by any state or federal court of record in any
					 action or proceeding based upon the same or substantially similar facts,
					 transaction(s) or occurrence(s) that are the subject, in whole or in
					 substantial part, of the party's workers' compensation case.
For purposes of this rule, the phrase "finally
						determined" shall mean:
(i) That all
					 appeals have been exhausted or the time for seeking appellate review has
					 expired; and
(ii) The time for
					 reopening under Labor Code sections
					 5410 or
					 5803 and
					 5804 has passed
					 or, although the time for reopening under those sections has not passed, there
					 is no good faith and non-frivolous basis for
					 reopening.
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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10440 - Contempt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A workers'
					 compensation judge or a deputy commissioner may issue writs or summons,
					 warrants of attachment, warrants of commitment and all necessary process in
					 proceedings for direct and hybrid contempt as defined by Labor Code section
					 5309(c)
					 in a like manner and to the same extent as courts of record.
(b) The Appeals Board may issue writs or
					 summons, warrants of attachment, warrants of commitment and all necessary
					 process in proceedings for direct, hybrid, or indirect contempt in a like
					 manner and to the same extent as the courts of record.
1.
						Amendment of section heading 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 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,
						  134 and
						  5307, Labor
						  Code. Reference: Sections
						  4550,
						  4551,
						  4552,
						  4553,
						  4553.1 and
						  5309(c),
						  Labor Code; and Sections
						  1209-
						  1222,
						  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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10445 - Disbarred and Suspended Attorneys

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An attorney who has been disbarred or suspended by the
						Supreme Court for reasons other than nonpayment of State Bar fees, or who has
						been placed on involuntary inactive enrollment status by the State Bar or who
						has resigned while disciplinary action is pending shall be deemed unfit to
						appear as a non-attorney representative of any party before the Workers'
						Compensation Appeals Board during the time that the attorney is precluded from
						practicing law in this state.
1.
						Repealer 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 of former section
						10445 and renumbering and amendment
						of former section
						10779 to section
						10445 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
						  4907, Labor
						  Code; and Section
						  6126,
						  Business and Professions 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10447 - Pleadings-Discrimination. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction filed 2-2-83 (Register 83, No. 6).
2. Amendment
						of section heading and repealer of second 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
						10447 to section
						10528 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
						  132a, 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 5 - Applications and Answers › Section 10450 - Invoking the Jurisdiction of the Workers' Compensation Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
					 provided by rules 10990 and 10590, proceedings for the adjudication of rights
					 and liabilities before the Workers' Compensation Appeals Board shall be
					 initiated and jurisdiction of the Workers' Compensation Appeals Board invoked
					 by the filing of an Application for Adjudication of Claim, a case opening
					 Compromise and Release Agreement, a case opening Stipulations with Request for
					 Award or a Request for Findings of Fact under rule 10460.
(b) Until an application or other case
					 opening document has been filed, the Workers' Compensation Appeals Board may
					 not conduct hearings, issue orders or authorize the commencement of formal,
					 compelled discovery, including the use of subpoenas to obtain records or sworn
					 testimony.
(c) The pre-application
					 assignment of a non-adjudication EAMS case number by any ancillary unit of the
					 Division of Workers' Compensation (e.g., the Disability Evaluation Unit, the
					 Information and Assistance Office):
(1) Does
					 not establish the jurisdiction of the Workers' Compensation Appeals Board and,
					 therefore, does not permit it to conduct any hearings or to issue any
					 orders;
(2) Does not toll the
					 statute of limitations (except as provided in Labor Code section
					 5454 for
					 submissions to the Information and Assistance Unit); and
(3) Does not authorize the commencement of
					 formal, compelled discovery.
Nothing in this rule shall be construed to preclude any
						non-compelled pre-application medical evaluations or
						investigations.
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 5 - Applications and Answers › Section 10451.1 - Determination of Medical-Legal Expense Disputes. [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,
						  4622(e)(2),
						  4627,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  139.5,
						  4603.3,
						  4603.6,
						  4620,
						  4621,
						  4622,
						  4903.05 and
						  4903.06, Labor
						  Code; and Sections
						  9792.5.5(b)(2) and
						  9792.5.7(c)(5),
						  title 8, California Code of
						  Regulations.
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 5 - Applications and Answers › Section 10451.2 - Determination of Medical Treatment Disputes. [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,
						  4606.2(f),
						  4604,
						  5304,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  4061,
						  4601.5,
						  4062,
						  4600,
						  4603.2,
						  4603.3,
						  4604.5,
						  4610,
						  4610.5,
						  4610.6,
						  4616.3,
						  4616.4 and
						  4903(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 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 5 - Applications and Answers › Section 10451.3 - Petition for Costs. [Renumbered]

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. Renumbering of former section
						10451.3 to section
						10545 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,
						  4903 et seq.,
						  5710,
						  5811 and
						  5813, Labor
						  Code; and Section
						  10561, title 8, California Code of
						  Regulations.
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 5 - Applications and Answers › Section 10451.4 - Petition to Enforce Independent Bill Review Determination. [Renumbered]

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. Renumbering of former section
						10451.4 to section
						10570 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
						  4603.6,
						  4622,
						  4903.05 and
						  4903.06, 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 5 - Applications and Answers › Section 10452 - Petition for Disqualification of Judge. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10452 to section
						10960 filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Section
						  5307, Labor
						  Code. Reference: Sections
						  5310 and
						  5311, 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 5 - Applications and Answers › Section 10453 - Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction filed 2-2-83 (Register 83, No. 6).
2. 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).
3. Renumbering of former section
						10453 to section
						10788 filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Section
						  5307, Labor
						  Code. Reference: Section
						  5310, Labor
						  Code.
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 5 - Applications and Answers › Section 10454 - Automatic Reassignment After Reversal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10454 to new section
						10455 and new section
						10454 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 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
						  5310, 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 5 - Applications and Answers › Section 10455 - Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A separate Application for Adjudication of Claim shall be
						filed for each separate injury for which benefits are claimed. All applications
						shall conform to the following requirements:
(a) Only one application shall be filed for
					 each injury. Duplicative applications are subject to summary
					 dismissal.
(b) Upon filing an
					 Application for Adjudication of Claim, the filing party shall concurrently
					 serve a copy of the application and any accompanying documents on all other
					 parties.
(c) When filing an amended
					 application, the applicant shall indicate on the box set forth on the
					 application form that it is an amended application.
(d) If the applicant is a minor or
					 incompetent, the Application for Adjudication of Claim shall be accompanied by
					 a Petition for Appointment of Guardian ad Litem and Trustee.
(e) An applicant is not required to disclose
					 their social security number. If an applicant discloses their Social Security
					 number on the application, the Social Security number will be used solely for
					 identification and verification purposes in order to administer the workers'
					 compensation system except with the consent of the applicant, or as permitted
					 or required by statute, regulation or judicial order.
(f) Upon the filing of an initial
					 application, the Workers' Compensation Appeals Board shall assign an
					 adjudication case number and a venue. The case number and venue shall be
					 indicated on a conformed copy of the application.
(1) If the party filing the application is
					 unrepresented, the Workers' Compensation Appeals Board shall serve a conformed
					 copy of the application on all parties and lien claimants on the proof of
					 service to the application.
(2) If
					 the party filing the application is represented, the Workers' Compensation
					 Appeals Board shall serve a conformed copy of the application on the filing
					 party or lien claimant. Upon receipt of the conformed copy of the application,
					 the filing party shall forthwith serve a copy of the conformed application on
					 all other parties and lien claimants.
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 5 - Applications and Answers › Section 10458 - Petition for New and Further Disability. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10458 to section
						10534 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
						  5803, 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 5 - Applications and Answers › Section 10460 - Request for Findings of Fact

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for findings of fact under Government Code
						sections
						21164,
						21166,
						21537,
						21538,
						21540 or
						21540.5 or
						under Labor Code sections
						4800.5(d),
						4801,
						4804.2,
						4807 or
						4851 is a
						proceeding separate from a claim for workers' compensation benefits even though
						it arises out of the same incident, injury or exposure. The request for
						findings of fact shall be filed separately and a separate file folder and
						record of the proceeding will be maintained, but the request for findings of
						fact may be consolidated for hearing with a claim for workers' compensation
						benefits.
1.
						Renumbering and amendment of former section
						10405 to section
						10460 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
						  21164,
						  21166,
						  21537,
						  21538,
						  21540 and
						  21540.5,
						  Government Code; Sections
						  4800.5(d),
						  4801,
						  4804.2,
						  4807 and
						  4851, 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 5 - Applications and Answers › Section 10462 - Subsequent Injuries Benefits Trust Fund Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All claims against the Subsequent
					 Injuries Benefits Trust Fund shall be by an application in writing setting
					 forth the date and nature of the industrial injury, together with all factors
					 of disability alleged to have pre-existed the injury.
(b) All such applications shall be filed with
					 the Workers' Compensation Appeals Board district office having venue or in
					 EAMS, and a copy shall be served by mail on the Division of Workers'
					 Compensation, Subsequent Injuries Benefits Trust Fund, in accordance with rules
					 10625 and 10632. Where joinder of the Subsequent Injuries Benefits Trust Fund
					 has been ordered, the applicant shall forthwith file and serve an application
					 as provided herein.
(c) After such
					 an application is filed, any party who has previously filed medical reports
					 shall serve copies on the Division of Workers' Compensation, Subsequent
					 Injuries Benefits Trust Fund no later than 30 days prior to the mandatory
					 settlement conference or other hearing, unless service is waived by the
					 Division of Workers' Compensation, Subsequent Injuries Benefits Trust
					 Fund.
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. 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).
3. Amendment of subsection (b) 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
						  4750,
						  4751,
						  4753,
						  4753.5 and
						  4754.5, 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 5 - Applications and Answers › Section 10464 - Contents of Petition to Terminate Liability. [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. 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
						  4650 and
						  4651.1, 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 5 - Applications and Answers › Section 10465 - Answers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Answer to an Application for Adjudication of Claim
						shall be filed and served no later than the shorter of either: 10 days after
						service of a Declaration of Readiness to Proceed, or 90 days after service of
						the Application for Adjudication of Claim.
(a) The Answer used by the parties shall
					 conform to a form prescribed and approved by the Appeals Board. Additional
					 matters may be pleaded as deemed necessary by the answering party. A general
					 denial is not an answer within this rule.
(b) The Answer shall be accompanied by a
					 proof of service upon the opposing parties.
(c) Evidence upon matters and affirmative
					 defenses not pleaded by Answer will be allowed only upon such terms and
					 conditions as the Appeals Board or workers' compensation judge may impose in
					 the exercise of sound discretion.
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).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  5500 and
						  5505, 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 5 - Applications and Answers › Section 10466 - Objections to Petition, Hearing, Interim Order. [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. 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
						  4650 and
						  4651.1, Labor
						  Code.