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 18 - Reconsideration, Removal and Disqualification › Section 10950 - Petitions Appealing Orders Issued by the Administrative Director. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 12-19-2002; operative 1-1-2003. Submitted
						to OAL for printing only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
2. Amendment of section heading, section
						and NOTE filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
3. Repealer of article 20 heading and
						section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2019, No. 51). For prior
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  129,
						  4603,
						  4604,
						  5300,
						  5301 and
						  5302, 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 18 - Reconsideration, Removal and Disqualification › Section 10952 - Appeal of Notice of Compensation Due. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-11-92 with Secretary of State by Workers' Compensation Appeals
						Board; operative 6-11-92. Submitted to OAL for printing only pursuant to
						Government Code section
						11351
						(Register 92, No. 24).
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. Repealer filed 11-17-2008; operative
						11-17-2008. Submitted to OAL for printing only (Register 2008, No.
						47).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  129,
						  5300 and
						  5301, 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 18 - Reconsideration, Removal and Disqualification › Section 10953 - Petition Appealing Audit Penalty Assessment-Labor Code Section 129.5(g). [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 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
						10953 to section
						10590 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
						  129.5(g),
						  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 18 - Reconsideration, Removal and Disqualification › Section 10955 - Petitions for Removal and Answers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time within 20 days after the
					 service of the order or decision, or of the occurrence of the action in issue,
					 any party may petition for removal based upon one or more of the following
					 grounds:
(1) The order, decision or action
					 will result in significant prejudice.
(2) The order, decision or action will result
					 in irreparable harm.
The petitioner must also demonstrate that reconsideration
						will not be an adequate remedy after the issuance of a final order, decision or
						award. Failure to file the petition to remove timely shall constitute valid
						ground for dismissing the petition for removal.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 18 - Reconsideration, Removal and Disqualification › Section 10956 - Rehabilitation Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  139.5,
						  5708 and
						  5709, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 18 - Reconsideration, Removal and Disqualification › Section 10957 - Petition Appealing Independent Bill Review Determination of the Administrative Director. [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). For prior history, see Register 2008, No.
						47.
2. Renumbering of former section
						10957 to section
						10567 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
						  4603.6,
						  5500,
						  5501,
						  5502,
						  5700 et seq., 5800 et seq. and 5900
						  et seq., Labor Code; and Sections
						  10250,
						  10409,
						  10507,
						  10508,
						  10842,
						  10845,
						  10846,
						  10852,
						  10856,
						  10859 and
						  10860, California Code of
						  Regulations, title 8.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 18 - Reconsideration, Removal and Disqualification › Section 10957.1 - Petition Appealing Independent Medical Review Determination of the Administrative Director. [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. Amendment of subsections (c) and (i)
						filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 2014, No. 42).
3. Editorial correction of HISTORY 2
						(Register 2017, No. 8).
4. Renumbering of former section
						10957.1 to section
						10575 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
						  4610.6,
						  5500,
						  5501,
						  5502,
						  5700 et seq., 5800 et seq. and 5900
						  et seq., Labor Code; and Sections
						  10250,
						  10409,
						  10507,
						  10508,
						  10842,
						  10845,
						  10846,
						  10852,
						  10856,
						  10859 and
						  10860, California Code of
						  Regulations, title 8.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 18 - Reconsideration, Removal and Disqualification › Section 10958 - Hearing and Burden of Proof. [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 10-15-2014; operative
						1-1-2015. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2014, No. 42).
3. Editorial correction of HISTORY 2
						(Register 2017, No. 8).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Section
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 18 - Reconsideration, Removal and Disqualification › Section 10959 - Petition Appealing Medical Provider Network Determination of the Administrative Director. [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
						10959 to section
						10580 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
						  4616 et seq., 5300(f) and 5900 et
						  seq., 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 18 - Reconsideration, Removal and Disqualification › Section 10960 - Petition for Disqualification of Workers' Compensation Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proceedings to disqualify a workers' compensation judge
						under Labor Code section
						5311 shall be
						initiated by the filing of a petition for disqualification supported by an
						affidavit or declaration under penalty of perjury stating in detail facts
						establishing one or more of the grounds for disqualification specified in
						section
						641
						of the Code of Civil Procedure. The petition to disqualify a workers'
						compensation judge and any answer shall be verified upon oath in the manner
						required for verified pleadings in courts of record.
If the workers' compensation judge assigned to hear the
						matter and the grounds for disqualification are known, the petition for
						disqualification shall be filed not more than 10 days after service of notice
						of hearing or after grounds for disqualification are known.
A petition for disqualification shall be referred to and
						determined by a panel of three commissioners of the Appeals Board in the same
						manner as a petition for reconsideration.
1.
						Repealer of article 21 heading, renumbering of former section
						10452 to section
						10960, including amendment of
						section heading, section and NOTE, filed 12-17-2019; operative 1-1-2020.
						Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Section
						  5307, Labor
						  Code. Reference: Section
						  641,
						  Code of Civil Procedure; and 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 18 - Reconsideration, Removal and Disqualification › Section 10961 - Actions by Workers' Compensation Judge After Petition for Reconsideration is Filed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 15 days of the timely filing of a petition for
						reconsideration, a workers' compensation judge shall perform one of the
						following actions:
(a) Prepare a
					 Report and Recommendation on Petition for Reconsideration in accordance with
					 rule 10962;
(b) Rescind the entire
					 order, decision or award and initiate further proceedings within 30 days;
					 or
(c) Rescind the order, decision
					 or award and issue an amended order, decision or award. The time for filing a
					 petition for reconsideration pursuant to Labor Code section
					 5903 will run
					 from the filing date of the amended order, decision or award.
After 15 days have elapsed from the filing of a petition
						for reconsideration, a workers' compensation judge shall not issue any order in
						the case until the Appeals Board has denied or dismissed the petition for
						reconsideration or issued a decision after reconsideration.
1.
						Renumbering of former section
						10859 to section
						10961, including amendment of
						section heading, section and NOTE, filed 12-17-2019; operative 1-1-2020.
						Submitted to OAL for printing only pursuant to Government Code section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Section
						  5307, Labor
						  Code. Reference: Sections
						  5903,
						  5906,
						  5907 and
						  5908.5, 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 18 - Reconsideration, Removal and Disqualification › Section 10962 - Report of Workers' Compensation Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Petitions for reconsideration, petitions for removal and
						petitions for disqualification shall be referred to the workers' compensation
						judge from whose decisions or actions relief is sought. If the workers'
						compensation judge prepares a report, it shall contain:
(a) A statement of the contentions raised by
					 the petition;
(b) A discussion of
					 the support in the record for the findings of fact and the conclusions of law
					 that serve as a basis for the decision or order as to each contention raised by
					 the petition, or, in the case of a petition for disqualification, a specific
					 response to the allegations and, if appropriate, a discussion of any failure by
					 the petitioner to comply with the procedures set forth in rule 10960;
					 and
(c) The action recommended on
					 the petition.
The workers' compensation judge shall submit the report
						to the Appeals Board within 15 days after the petition is filed unless the
						Appeals Board grants an extension of time. The workers' compensation judge
						shall serve a copy of the report on the parties and any lien claimant, the
						validity of whose lien is specifically questioned by the petition, at the time
						the report is submitted to the Appeals Board.
If the workers' compensation judge assigned to the case
						is unavailable, the presiding workers' compensation judge shall prepare and
						serve the report.
1.
						Renumbering and amendment of former section
						10860 to section
						10962 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
						  5900 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 18 - Reconsideration, Removal and Disqualification › Section 10964 - Supplemental Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a petition for reconsideration,
					 removal or disqualification has been timely filed, supplemental petitions or
					 pleadings or responses other than the answer shall be considered only when
					 specifically requested or approved by the Appeals Board.
(b) A party seeking to file a supplemental
					 pleading shall file a petition setting forth good cause for the Appeals Board
					 to approve the filing of a supplemental pleading and shall attach the proposed
					 pleading.
(c) Supplemental
					 petitions or pleadings or responses other than the answer shall neither be
					 accepted nor deemed filed for any purpose except as provided by this
					 rule.
1.
						Renumbering and amendment of former section
						10848 to section
						10964 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
						  5310,
						  5311 and
						  5900, 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 18 - Reconsideration, Removal and Disqualification › Section 10966 - Correction of Errors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before a petition for reconsideration is filed, a
						workers' compensation judge may correct the decision for clerical, mathematical
						or procedural error or amend the decision for good cause under the authority
						and subject to the limitations set out in sections
						5803 and
						5804 of the
						Labor Code.
1.
						Renumbering of former section
						10858 to section
						10966, including amendment of NOTE,
						filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  5309,
						  5803 and
						  5804, 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 18 - Reconsideration, Removal and Disqualification › Section 10972 - Skeletal Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition for reconsideration, removal or
						disqualification may be denied or dismissed if it is unsupported by specific
						references to the record and to the principles of law
						involved.
1.
						Renumbering of former section
						10846 to section
						10972, including amendment of NOTE,
						filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  126,
						  5310,
						  5311,
						  5900,
						  5902,
						  5903 and
						  5904, 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 18 - Reconsideration, Removal and Disqualification › Section 10974 - Allegations of Newly Discovered Evidence and Fraud

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where reconsideration is sought on the ground of newly
						discovered evidence that could not with reasonable diligence have been produced
						before submission of the case or on the ground that the decision had been
						procured by fraud, the petition must contain an offer of proof, specific and
						detailed, providing:
(a) The names of
					 witnesses to be produced;
(b) A
					 summary of the testimony to be elicited from the witnesses;
(c) A description of any documentary evidence
					 to be offered;
(d) The effect that
					 the evidence will have on the record and on the prior decision; and
(e) As to newly discovered evidence, a full
					 and accurate statement of the reasons why the testimony or exhibits could not
					 reasonably have been discovered or produced before submission of the case.
A petition for reconsideration sought upon these grounds
						may be denied if it fails to meet the requirements of this rule, or if it is
						based upon cumulative evidence.
1.
						Renumbering and amendment of former section
						10856 to section
						10974 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
						  5902 and
						  5903, 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 18 - Reconsideration, Removal and Disqualification › Section 10984 - Hearing After Reconsideration Granted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where reconsideration has been granted and the case
						referred to a workers' compensation judge for proceedings on reconsideration,
						the workers' compensation judge shall, upon the conclusion thereof, prepare and
						serve upon the parties a summary of evidence received in the proceedings after
						reconsideration granted.
Unless otherwise instructed by the panel before which a
						case is pending, the workers' compensation judge to whom the case has been
						assigned for further proceedings may rule on requests for postponement and
						continuance of further hearing, join additional parties, dismiss unnecessary
						parties where such dismissal is not opposed by any other party to the case,
						make all interlocutory or procedural orders that are agreed to by all parties,
						issue subpoenas, rule on motions for discovery, rule on all evidentiary motions
						and objections and make all other rulings necessary to expedite and facilitate
						the trial and disposition of the case. The workers' compensation judge shall
						not order a medical examination, obtain a recommended disability evaluation,
						make an order taking the case off calendar nor make an order approving or
						disapproving Compromise and Release.
1.
						Renumbering and amendment of former section
						10862 to section
						10984 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
						  5309 and
						  5313, 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 18 - Reconsideration, Removal and Disqualification › Section 10986 - Authority of Workers' Compensation Judge After Decision After Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a decision after reconsideration has become final,
						subsequent orders and decisions in a case shall be made by any trial level
						workers' compensation judge.
An order correcting a decision after reconsideration for
						clerical, mathematical or procedural error shall be made by the panel that made
						the decision or, if the composition of the Appeals Board has changed, by the
						successor panel.
1.
						Renumbering and amendment of former section
						10864 to section
						10986 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
						  5900,
						  5910 and
						  5911, 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 18 - Reconsideration, Removal and Disqualification › Section 10990 - Reconsideration of Arbitration Decisions Made Pursuant to Labor Code Sections 3201.5 and 3201.7

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition for reconsideration from an arbitration decision made pursuant to
					 Labor Code section
					 3201.5(a)(1)
					 or section 3201.7(a)(1)
					 (known as "carve-out" cases) shall be filed directly with the office of the
					 Appeals Board within 20 days of the service of the final order, decision or
					 award made and filed by the arbitrator or board of arbitrators. A copy of the
					 petition for reconsideration shall be served on the arbitrator or arbitration
					 board.
(b) Notwithstanding any
					 other provision of these rules, a petition for reconsideration in a carve-out
					 case shall be filed directly with the office of the Appeals Board, and not with
					 any district office, including the San Francisco district office. Any petition
					 for reconsideration in a carve-out case that is received by any district office
					 shall neither be accepted for filing nor deemed filed for any purpose. If a
					 carve-out petition for reconsideration is submitted to a district office in
					 violation of this rule, the petition shall be returned to the petitioner with a
					 letter referencing this rule, noting that the petition was improperly submitted
					 to a district office and has been rejected, and indicating that the petition
					 should be filed directly with the Appeals Board consistent with this
					 rule.
(c) The petition for
					 reconsideration in a carve-out case, which shall be submitted with a document
					 cover sheet, shall also comply with each of the following requirements:
(1) It shall be captioned so as to identify
					 it as a "Petition for Reconsideration from Arbitrator's Decision Under Labor
					 Code section
					 3201.5 or
					 3201.7" and it
					 shall include:
(A) The injured employee's
					 first and last names;
(B) The
					 name(s) of the defendant(s);
(C)
					 The alternative dispute resolution (ADR) case number (i.e., the carve-out
					 arbitration case number); and
(D)
					 The Workers' Compensation Appeals Board adjudication case number, if previously
					 assigned;
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 18 - Reconsideration, Removal and Disqualification › Section 10995 - Reconsideration of Arbitrator's Decisions or Awards Made Pursuant to the Mandatory or Voluntary Arbitration Provisions of Labor Code Sections 5270 Through 5275

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any final
					 order, decision or award filed by an arbitrator under the mandatory or
					 voluntary arbitration provisions of Labor Code sections
					 5270 through
					 5275 shall be
					 subject to the reconsideration process.
(b) A petition for reconsideration from any
					 final order, decision or award filed by an arbitrator under the mandatory or
					 voluntary arbitration provisions of Labor Code sections
					 5270 through
					 5275, and any
					 answer, shall be filed in EAMS or with the district office having venue in
					 accordance with Labor Code section
					 5501.5. No
					 duplicate copies of petitions shall be filed with any other district office or
					 with the Appeals Board.
(c) Within
					 15 days after receiving the petition for reconsideration, the arbitrator shall
					 perform one of the following actions:
(1)
					 Rescind the entire order, decision or award and initiate further proceedings
					 within 30 days; or
(2) Rescind the
					 order, decision or award and issue an amended order, decision or award. The
					 time for filing a petition for reconsideration pursuant to Labor Code section
					 5903 will run
					 from the filing date of the amended order, decision or award; or
(3) Prepare and serve a report on
					 reconsideration as provided in rule 10962. Upon completion of the report on
					 reconsideration, the arbitrator shall concurrently forward an electronic copy
					 of the arbitrator's report and an electronic copy of the complete arbitration
					 file directly to the presiding workers' compensation judge of the district
					 office having venue over the matter. Upon receipt of the arbitrator's report
					 and the record of arbitration proceedings, the district office shall enter the
					 report and the file into the EAMS adjudication file.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 18 - Reconsideration, Removal and Disqualification › Section 10996 - Voluntary Arbitration. [Repealed]

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. 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
						  5270-
						  5278, 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 18 - Reconsideration, Removal and Disqualification › Section 10997 - Request for Arbitration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-12-90; operative 1-12-90 (Register 90, No. 5). This section is
						exempt from review by OAL pursuant to Government Code section
						11351.
2.
						Change without regulatory effect filed 1-26-90 (Register 90, No.
						5).
3. Amendment exempt from OAL review pursuant to Government Code
						section
						11351
						filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
4. 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).
5. 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
						  5270 through
						  5277, 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 18 - Reconsideration, Removal and Disqualification › Section 10998 - Disqualification of Arbitrator. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-12-90; operative 1-12-90 (Register 90, No. 5). This section is
						exempt from review by OAL pursuant to Government Code section
						11351.
2.
						Change without regulatory effect filed 1-26-90 (Register 90, No.
						5).
3. Amendment exempt from OAL review pursuant to Government Code
						section
						11351
						filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
4. Amendment
						of first paragraph 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).
5. Renumbering of former section
						10998 to section
						10912 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
						  5271(d),
						  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 18 - Reconsideration, Removal and Disqualification › Section 10999 - Arbitrator Fee and Cost Disputes. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-12-90; operative 1-12-90 (Register 90, No. 5). This section is
						exempt from review by OAL pursuant to Government Code section
						11351.
2.
						Change without regulatory effect filed 1-26-90 (Register 90, No.
						5).
3. Amendment exempt from OAL review pursuant to Government Code
						section
						11351
						filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
4. 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).
5. Renumbering of former section
						10999 to section
						10920 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
						  5273(c),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 1 - MANUFACTURING INDUSTRY › Section 11010 - Order Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Applicability of Order This order shall apply to all persons employed in the
					 manufacturing industry whether paid on a time, piece rate, commission, or other
					 basis, except that:
(A) Provisions of Sections
					 3 through
					 12 of this order shall not apply to
					 persons employed in administrative, executive, or professional capacities. The
					 following requirements shall apply in determining whether an employee's duties
					 meet the test to qualify for an exemption from those sections:
(1) Executive Exemption A person employed in
					 an executive capacity means any employee:
(a)
					 Whose duties and responsibilities involve the management of the enterprise in
					 which he/she is employed or of a customarily recognized department or
					 subdivision thereof; and
(b) Who
					 customarily and regularly directs the work of two or more other employees
					 herein; and
(c) Who has the
					 authority to hire or fire other employees or whose suggestions and
					 recommendations as to the hiring or firing and as to the advancement and
					 promotion or any other change of status of other employees will be given
					 particular weight; and
(d) Who
					 customarily and regularly exercises discretion and independent judgment;
					 and
(e) Who is primarily engaged in
					 duties which meet the test of the exemption. The activities constituting exempt
					 work and non-exempt work shall be construed in the same manner as such items
					 are construed in the following regulations under the Fair Labor Standards Act
					 effective as of the date of this order:
					 29 C.F.R. Sections
					 541.102,
					 541.104-111, and
					 541.115-116. Exempt work
					 shall include, for example, all work that is directly and closely related to
					 exempt work and work which is properly viewed as a means for carrying out
					 exempt functions. The work actually performed by the employee during the course
					 of the work week must, first and foremost, be examined and the amount of time
					 the employee spends on such work, together with the employer's realistic
					 expectations and the realistic requirements of the job, shall be considered in
					 determining whether the employee satisfies this requirement.
(f) Such an employee must also earn a monthly
					 salary equivalent to no less than two (2) times the state minimum wage for
					 full-time employment. Full-time employment is defined in Labor Code Section
					 515(c)
					 as 40 hours per week.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 2 - PERSONAL SERVICE INDUSTRY › Section 11020 - Order Regulating Wages, Hours, and Working Conditions in the Personal Service Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Applicability of Order This order shall apply to all persons employed in the
					 personal service industry whether paid on a time, piece rate, commission, or
					 other basis, except that:
(A) Provisions of
					 Sections 3 through
					 12 of this order shall not apply to
					 persons employed in administrative, executive, or professional capacities. The
					 following requirements shall apply in determining whether an employee's duties
					 meet the test to qualify for an exemption from those sections:
(1) Executive Exemption A person employed in
					 an executive capacity means any employee:
(a)
					 Whose duties and responsibilities involve the management of the enterprise in
					 which he/she is employed or of a customarily recognized department or
					 subdivision thereof; and
(b) Who
					 customarily and regularly directs the work of two or more other employees
					 therein; and
(c) Who has the
					 authority to hire or fire other employees or whose suggestions and
					 recommendations as to the hiring or firing and as to the advancement and
					 promotion or any other change of status of other employees will be given
					 particular weight; and
(d) Who
					 customarily and regularly exercises discretion and independent judgment;
					 and
(e) Who is primarily engaged in
					 duties which meet the test of the exemption. The activities constituting exempt
					 work and non-exempt work shall be construed in the same manner as such items
					 are construed in the following regulations under the Fair Labor Standards Act
					 effective as of the date of this order
					 29 C.F.R. Sections
					 541.102,
					 541.104-111, and
					 541.115-116. Exempt work
					 shall include, for example, all work that is directly and closely related to
					 exempt work and work which is properly viewed as a means for carrying out
					 exempt functions. The work actually performed by the employee during the course
					 of the workweek must, first and foremost, be examined and the amount of time
					 the employee spends on such work, together with the employer's realistic
					 expectations and the realistic requirements of the job, shall be considered in
					 determining whether the employee satisfies this requirement.
(f) Such an employee must also earn a monthly
					 salary equivalent to no less than two (2) times the state minimum wage for
					 full-time employment. Full-time employment is defined in Labor Code Section
					 515(c)
					 as 40 hours per week.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 3 - CANNING, FREEZING, AND PRESERVING INDUSTRY › Section 11030 - Order Regulating Wages, Hours, and Working Conditions in the Canning, Freezing, and Preserving Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Applicability of Order This order shall apply to all persons employed in the
					 canning, freezing, and preserving industry whether paid on a time, piece rate,
					 commission, or other basis, except that:
(A)
					 Provisions of sections
					 3 through
					 12 of this order shall not apply to
					 persons employed in administrative, executive, or professional capacities. The
					 following requirements shall apply in determining whether an employee's duties
					 meet the test to qualify for an exemption from those sections:
(1) Executive Exemption A person employed in
					 an executive capacity means any employee:
(a)
					 Whose duties and responsibilities involve the management of the enterprise in
					 which he/she is employed or of a customarily recognized department or
					 subdivision thereof; and
(b) Who
					 customarily and regularly directs the work of two or more other employees
					 therein; and
(c) Who has the
					 authority to hire or fire other employees or whose suggestions and
					 recommendations as to the hiring or firing and as to the advancement and
					 promotion or any other change of status of other employees will be given
					 particular weight; and
(d) Who
					 customarily and regularly exercises discretion and independent judgment;
					 and
(e) Who is primarily engaged in
					 duties which meet the test of the exemption. The activities constituting exempt
					 work and non-exempt work shall be construed in the same manner as such items
					 are construed in the following regulations under the Fair Labor Standards Act
					 effective as of the date of this order:
					 29 C.F.R. Sections
					 541.102,
					 541.104-111, and
					 541.115-116. Exempt work
					 shall include, for example, all work that is directly and closely related to
					 exempt work and work which is properly viewed as a means for carrying out
					 exempt functions. The work actually performed by the employee during the course
					 of the workweek must, first and foremost, be examined and the amount of time
					 the employee spends on such work, together with the employer's realistic
					 expectations and the realistic requirements of the job, shall be considered in
					 determining whether the employee satisfies this requirement.
(f) Such an employee must also earn a monthly
					 salary equivalent to no less than two (2) times the state minimum wage for
					 full-time employment. Full-time employment is defined in California Labor Code
					 Section
					 515(c)
					 as 40 hours per week.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 5 - Industrial Welfare Commission › Group 2 - Industry and Occupation Orders › Article 4 - PROFESSIONAL, TECHNICAL, CLERICAL, MECHANICAL, AND SIMILAR OCCUPATIONS › Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Applicability of Order This order shall
					 apply to all persons employed in professional, technical, clerical, mechanical,
					 and similar occupations whether paid on a time, piece rate, commission, or
					 other basis, except that:
(A) Provisions of
					 sections 3 through
					 12 shall not apply to persons
					 employed in administrative, executive, or professional capacities. The
					 following requirements shall apply in determining whether an employee's duties
					 meet the test to qualify for an exemption from those sections:
(1) Executive Exemption A person employed in
					 an executive capacity means any employee:
(a)
					 Whose duties and responsibilities involve the management of the enterprise in
					 which he/she is employed or of a customarily recognized department or
					 subdivision thereof; and
(b) Who
					 customarily and regularly directs the work of two or more other employees
					 therein; and
(c) Who has the
					 authority to hire or fire other employees or whose suggestions and
					 recommendations as to the hiring or firing and as to the advancement and
					 promotion or any other change of status of other employees will be given
					 particular weight; and
(d) Who
					 customarily and regularly exercises discretion and independent judgment;
					 and
(e) Who is primarily engaged in
					 duties which meet the test of the exemption. The activities constituting exempt
					 work and non-exempt work shall be construed in the same manner as such items
					 are construed in the following regulations under the Fair Labor Standards Act
					 effective as of the date of this order:
					 29 C.F.R. Sections
					 541.102,
					 541.104-111, and
					 541.115-16. Exempt work shall
					 include, for example, all work that is directly and closely related to exempt
					 work and work which is properly viewed as a means for carrying out exempt
					 functions. The work actually performed by the employee during the course of the
					 workweek must, first and foremost, be examined and the amount of time the
					 employee spends on such work, together with the employer's realistic
					 expectations and the realistic requirements of the job, shall be considered in
					 determining whether the employee satisfies this requirement.
(f) Such an employee must also earn a monthly
					 salary equivalent to no less than two (2) times the state minimum wage for
					 full-time employment. Full-time employment is defined in Labor Code Section
					 515(c)
					 as 40 hours per week.