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 7 - Petitions, Pleadings and Forms › Section 10550 - Petition to Dismiss Inactive Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless a case is activated for hearing
					 within one year after the filing of the Application for Adjudication of Claim
					 or the entry of an order taking off calendar, the case may be dismissed after
					 notice and opportunity to be heard. Such dismissals may be entered at the
					 request of an interested party or upon the Workers' Compensation Appeals
					 Board's own motion for lack of prosecution.
(b) At least 30 days before filing a petition
					 to dismiss, the defendant seeking to dismiss the case shall send a letter to
					 the applicant and, if represented, to the applicant's attorney or non-attorney
					 representative, stating the defendant's intention to file a "Petition to
					 Dismiss Inactive Case" 30 days after the date of that letter, unless the
					 applicant or applicant's attorney or non-attorney representative objects in
					 writing, demonstrating good cause for not dismissing the case.
(c) A petition to dismiss shall be filed with
					 the district office having venue or in EAMS and the petition shall be served on
					 all parties and all lien claimants pursuant to Rule 10625.
(d) A petition to dismiss shall be captioned
					 "Petition to Dismiss Inactive Case [assigned ADJ number]."
(e) The following documents shall be filed
					 with a petition to dismiss:
(1) A copy of the
					 letter required by subdivision (b) of this rule; and
(2) Any reply to the letter required by
					 subdivision (b) of this rule.
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 7 - Petitions, Pleadings and Forms › Section 10552 - Expedited Hearing Calendar. [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).
2. Editorial correction of HISTORY 1
						(Register 2017, No. 8).
3. Renumbering of former section
						10552 to section
						10782 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 and
						  5502, Labor
						  Code. Reference: Section
						  5202, 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 7 - Petitions, Pleadings and Forms › Section 10555 - Petition for Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When a dispute arises as to a credit for any payments or overpayments of
					 benefits pursuant to Labor Code section
					 4909, any
					 petition for credit shall include:
(1) A
					 description of the payments made by the employer;
(2) A description of the benefits against
					 which the employer seeks a credit; and
(3) The amount of the claimed
					 credit.
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 8 - Petitions Related to Administrative Orders › Section 10560 - Petitions Related to Orders Issued by the Division of Workers' Compensation Administrative Director or the Director of Industrial Relations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the Labor
					 Code provides that the Workers' Compensation Appeals Board has jurisdiction
					 over appeals from or enforcement of an order, any aggrieved party may appeal or
					 seek to enforce an order issued by the Division of Workers' Compensation
					 Administrative Director or the Director of Industrial Relations by filing a
					 petition, and an Application for Adjudication of Claim if one has not already
					 been filed.
(b) Any petition that
					 fails to comply with any of the following requirements may be subject to
					 summary dismissal:
(1) The petition must be
					 timely filed with the Workers' Compensation Appeals Board within the timeframe
					 set forth in the applicable statutes and rules.
(2) The petition shall be filed in accordance
					 with rule 10615.
(3) The petition
					 shall be served on all adverse parties, the employee and the Administrative
					 Director or the Director as specified in the relevant rule.
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 8 - Petitions Related to Administrative Orders › Section 10561 - Sanctions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. Amendment 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 and NOTE filed
						11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register
						2008, No. 47).
4. Amendment of subsections (b)(3)-(4) filed
						10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to
						Government Code section
						11351
						(Register 2014, No. 42).
5. Editorial correction of HISTORY 4
						(Register 2017, No. 8).
6. Renumbering of former section
						10561 to section
						10421 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
						  4903.6(c)
						  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 8 - Petitions Related to Administrative Orders › Section 10561.5 - Compliance with Rules of the Court Administrator. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10211 to new section
						10561.5, including amendment of
						NOTE, filed 12-10-2012 as a change without regulatory effect pursuant to
						section 100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
2. Repealer filed 10-14-2014; 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,
						  5307(c)
						  and
						  5500.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Section
						  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 8 - Petitions Related to Administrative Orders › Section 10562 - Failure to Appear. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 12-23-93; operative 1-1-94. Submitted to OAL for
						printing only pursuant to Government Code section
						11351
						(Register 93, No. 52). For prior history, see Register 91, No. 7.
2.
						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).
3. Repealer filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Article XIV, Section
						  4, California Constitution; and
						  Sections
						  5502(e)
						  and
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 8 - Petitions Related to Administrative Orders › Section 10563 - Appearances Required of Parties to Case-in-Chief. [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
						  5502 and
						  5700, 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 8 - Petitions Related to Administrative Orders › Section 10563.1 - Other Appearances Required. [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).
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
						  5502 and
						  5700, 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 8 - Petitions Related to Administrative Orders › Section 10564 - Interpreters. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 12-23-93; operative 1-1-94. Submitted to
						OAL for printing only pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. Amendment of 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
						10564 to section
						10790 filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  4600,
						  4621,
						  5710 and
						  5811, 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 8 - Petitions Related to Administrative Orders › Section 10565 - Petition Appealing Denial of Return-to-Work Supplement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An injured worker may file a "Petition
					 Appealing Denial of Return-to-Work Supplement" with the district office having
					 venue or in EAMS.
(b) The petition
					 shall be filed within 20 days of service of the decision denying the
					 return-to-work supplement, in accordance with rule 10615 and rule
					 17309.
(c) The petition and any
					 additional documents or pleadings related to the petition shall be served on
					 the Department of Industrial Relations Return-to-Work Supplement Program in
					 accordance with rule 10632.
(d) The
					 petition shall be captioned "Petition Appealing Denial of Return-to-Work
					 Supplement" and shall include the assigned ADJ number.
(e) The petition shall be based upon one or
					 more of the grounds as prescribed for petitions for reconsideration in Labor
					 Code section
					 5903.
(f) The Director may file an answer to the
					 petition within 20 days of the date of service of the petition. A document
					 cover sheet and a document separator sheet shall be filed with the answer, and
					 "Return-to-Work Supplement Program Answer to Appeal" shall be entered into the
					 document title field of the document separator sheet.
(g) The petition shall not be placed on
					 calendar unless a Declaration of Readiness to Proceed is filed. The Declaration
					 of Readiness to Proceed may not be filed until 30 days have elapsed from the
					 service of the petition.
(h) If the
					 Director of Industrial Relations acts under rule 17309 to amend, modify or
					 rescind the decision being appealed, the resulting order by the Director shall
					 be served on the parties within 15 days following the date the appeal was filed
					 and shall be filed with the district office having venue or in EAMS.
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,
						  139.48,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Section
						  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 8 - Petitions Related to Administrative Orders › Section 10566 - Minutes of Hearing and Summary of Evidence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsection (d) 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
						  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 8 - Petitions Related to Administrative Orders › Section 10567 - Petition Appealing Independent Bill Review Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An aggrieved
					 party may file a petition appealing an independent bill review (IBR)
					 determination of the Administrative Director (AD). For purposes of this
					 section, a "determination" includes a decision regarding the amount payable to
					 the provider, if any, and/or a decision that a dispute is not subject to
					 independent bill review.
(b) The
					 petition shall comply with each of the following provisions:
(1) The petition shall be limited to raising
					 one or more of the five grounds specified in Labor Code section
					 4603.6(f).
(2) The petition shall set forth specifically
					 and in full detail the factual and/or legal grounds upon which the petitioner
					 considers the IBR determination to be unjust or unlawful, and every issue to be
					 considered by the Workers' Compensation Appeals Board. The petitioner shall be
					 deemed to have finally waived all objections, irregularities, and illegalities
					 concerning the IBR determination other than those set forth in the petition
					 appealing.
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 8 - Petitions Related to Administrative Orders › Section 10570 - Petition to Enforce an Administrative Director Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An aggrieved
					 party may file a "Petition to Enforce an Administrative Director Determination"
					 after the Workers' Compensation Appeals Board has issued a final order
					 affirming an IBR, IMR or other determination issued by the administrative
					 director or after the time to appeal the determination to the Workers'
					 Compensation Appeals Board has expired.
(b) The petition shall be captioned as a
					 "Petition to Enforce an Administrative Director Determination" and shall
					 include the assigned ADJ number and shall append a copy of the Administrative
					 Director's determination.
(c) The
					 petition shall be served on all parties in accordance with rule
					 10628.
(d) Within 15 days of the
					 filing of the petition to enforce, the Workers' Compensation Appeals Board
					 shall issue a notice of intention to grant or deny the petition, in whole or in
					 part. The notice of intention shall give the petitioner and any adverse party
					 no fewer than 15 calendar days to file written objection showing good cause to
					 the contrary. If no timely written objection is filed, or if the written
					 objection on its face fails to show good cause, the Workers' Compensation
					 Appeals Board, in its discretion, may:
(1)
					 Issue an order regarding the petition to enforce, consistent with the notice of
					 intention; or
(2) Set the matter
					 for hearing.
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 8 - Petitions Related to Administrative Orders › Section 10575 - Petition Appealing Independent Medical Review Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An aggrieved
					 party may file a petition appealing the Administrative Director's independent
					 medical review (IMR) determination. For purposes of this rule, a
					 "determination" includes a decision regarding medical necessity and/or a
					 decision that a dispute is not eligible for independent medical
					 review.
(b) The petition shall set
					 forth specifically and in full detail the factual and/or legal grounds upon
					 which the petitioner considers the IMR determination to be incorrect, and every
					 issue to be considered by the Workers' Compensation Appeals Board. The
					 petitioner shall be deemed to have finally waived all objections,
					 irregularities and illegalities concerning the IMR determination other than
					 those set forth in the petition. Any petition that fails to comply with any of
					 the following requirements may be subject to summary dismissal.
(c) The petition shall be filed in accordance
					 with rule 10615 no later than 30 days after service of the IMR
					 determination.
(d) The petition and
					 any additional documents or pleadings related to the petition shall be served
					 on the IMR Unit in accordance with rule 10632.
(e) The petition shall be captioned "Petition
					 Appealing Administrative Director's Independent Medical Review Determination"
					 and shall include the assigned ADJ number and the IMR case number assigned by
					 the Administrative Director.
(f)
					 The petition shall include a copy of the IMR determination and proof of service
					 of that determination.
(g) Upon
					 receiving notice of the petition, the IMR Unit may download the record of the
					 independent medical review organization into EAMS, in whole or in part. The
					 Workers' Compensation Appeals Board, in its discretion, may:
(1) Admit all or any part of the downloaded
					 IMR record into evidence; and/or
(2) Permit the parties to offer in evidence
					 documents that are duplicates of ones already existing in the downloaded IMR
					 record.
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 8 - Petitions Related to Administrative Orders › Section 10578 - Waiver of Summary of Evidence. [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: Section
						  5702, 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 8 - Petitions Related to Administrative Orders › Section 10580 - Petition Appealing Medical Provider Network Determination of the Administrative Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any aggrieved person or entity may file a petition appealing a determination of
					 the Administrative Director to:
(1) Deny a
					 medical provider network (MPN) application;
(2) Revoke or suspend an MPN plan;
(3) Place an MPN plan on probation;
(4) Deny a petition to revoke or suspend an
					 MPN plan; or
(5) Impose
					 administrative penalties relating to an MPN.
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 8 - Petitions Related to Administrative Orders › Section 10582 - Inactive Cases, Procedure, Subsequent Action. [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
						of first paragraph 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. Amendment of second and third paragraphs
						and amendment of NOTE filed 12-19-2002; operative 1-1-2003. Submitted to OAL
						for printing only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
4. Renumbering of former section
						10582 to section
						10550 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
						  5405 and
						  5406, 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 8 - Petitions Related to Administrative Orders › Section 10582.5 - Dismissal of Inactive Lien Claims for Lack of Prosecution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-21-2012; operative 5-21-2012 pursuant to Government Code
						section
						11343.4.
						Submitted to OAL for printing only pursuant to Government Code
						11351
						(Register 2012, No. 21).
2. Amendment of subsections (a)(1),
						(c)(2)(B)(i), (c)(2)(C), (d)(1), (d)(2) and (k) filed 9-23-2013; operative
						10-23-2013. Submitted as a file and print by the Workers' Compensation Appeals
						Board pursuant to Government Code section
						11351
						(Register 2013, No. 39).
3. Repealer filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section 11351 (Register 2019, No.
						51).
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  4903,
						  4903.5,
						  4903.6 and
						  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 8 - Petitions Related to Administrative Orders › Section 10583 - Dismissal of Claim Form-Labor Code Section 5404.5. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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).
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
						  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 8 - Petitions Related to Administrative Orders › Section 10589 - Consolidation of Cases. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10590 to new section
						10589, including 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. Renumbering of former section
						10589 to section
						10396 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
						  5300,
						  5301,
						  5303 and
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 8 - Petitions Related to Administrative Orders › Section 10590 - Petition Appealing Audit Penalty Assessment-Labor Code Section 129.5(g)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An insurer,
					 self-insured employer or third-party administrator may appeal a civil penalty
					 assessment issued pursuant to subdivision (g) of Labor Code section
					 129.5 by filing
					 a petition only with the Office of the Commissioners of the Workers'
					 Compensation Appeals Board in the same time and manner as a petition for
					 reconsideration, except that a copy of the petition shall be served on the
					 Administrative Director. The petition shall be accompanied by a completed
					 document cover sheet.
(b) The
					 Administrative Director may answer the petition in the same time and manner
					 provided for the filing of an answer to a petition for
					 reconsideration.
(c) After the
					 filing of a petition appealing a civil penalty assessment issued pursuant to
					 Labor Code section
					 129.5(g),
					 an adjudication case will be created and an adjudication case number will be
					 assigned. The adjudication case number will be served by the Appeals Board on
					 the Administrative Director and on the parties and attorneys listed on the
					 proof of service to the petition.
(d) Within 15 days after the Administrative
					 Director receives a copy of petition appealing a civil penalty assessment
					 issued pursuant to Labor Code section
					 129.5(g),
					 the Administrative Director shall submit to the Appeals Board a certified copy
					 of the complete record of proceedings created by the Administrative Director in
					 accordance with Article 6 of the Administrative Director's rules (Cal. Code
					 Regs., tit. 8, §
											10113 et seq.) The certified copy
					 of the record shall include, but shall not necessarily be limited to:
(1) The Order to Show Cause Re: Assessment of
					 Civil Penalty and Notice of Hearing;
(2) The answer to the Order to Show
					 Cause;
(3) Any amended complaint or
					 supplemental Order to Show Cause that may have been issued, and any Amended
					 Answer filed in response thereto;
(4) Any pre-hearing written statement filed
					 by the claims administrator;
(5)
					 Any pre-hearing Minutes and pre-hearing Orders;
(6) The Minutes of any Hearing, a transcript
					 or summary of any oral testimony offered at the hearing, any documentary
					 evidence or affidavits offered at the hearing; and
(7) The Administrative Director's written
					 Determination and statement of the basis for the Determination. The original
					 record of the proceedings conducted pursuant to Labor Code section
					 129.5(g)
					 shall not be filed.
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 8 - Petitions Related to Administrative Orders › Section 10591 - Consolidating Cases-Multiple Injured Workers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. Amendment of 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. 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
						  5303,
						  5310 and
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 8 - Petitions Related to Administrative Orders › Section 10592 - Assignment of Consolidated Cases. [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
						10592 to section
						10398 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
						  5300,
						  5301,
						  5303 and
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 8 - Petitions Related to Administrative Orders › Section 10593 - Testimony of Judicial or Quasi-Judicial Officers. [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. Amendment of section heading,
						repealer of subsection (f)(7), subsection renumbering, amendment of newly
						designated subsections (f)(7)-(8) and new subsection (f)(9) 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
						10593 to section
						10360 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
						  5300,
						  5301,
						  5309,
						  5700,
						  5701 and
						  5708, Labor
						  Code; and Section
						  703.5,
						  Evidence Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10600 - Time for Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The time in which any act provided by these rules is to be performed is
					 computed by excluding the first day and including the last.
(b) Unless otherwise provided by law, if the
					 last day for exercising or performing any right or duty to act or respond falls
					 on a weekend, or on a holiday for which the offices of the Workers'
					 Compensation Appeals Board are closed, the act or response may be performed or
					 exercised upon the next business day.
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 article 9 heading, repealer
						of former section
						10600 and renumbering of former
						section 10508 to section
						10600, including amendment of
						section 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).
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Section
						  5316, Labor
						  Code; Sections
						  6700,
						  6701 and
						  6707,
						  Government Code; and Sections
						  10,
						  12,
						  12a,
						  12b,
						  13
						  and
						  135,
						  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 9 - Filing and Service of Documents › Section 10601 - Copies of Reports and Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section heading, section and NOTE filed 12-19-2002; operative
						1-1-2003. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2002, No. 51).
2. 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
						  5502(e),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10602 - Formal Permanent Disability Rating Determinations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section heading, section and NOTE filed 12-19-2002; operative
						1-1-2003. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2002, No. 51).
2. Renumbering of former section
						10602 to section
						10675 filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  4660 and
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10603 - Oversized Exhibits, Diagnostic Imaging, Physical Exhibits, and Exhibits on Media. [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
						10603 to section
						10677 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
						  5309,
						  5701,
						  5703,
						  5704 and
						  5708, Labor
						  Code
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10604 - Certified Copies. [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
						  5703 and
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10605 - Time Within Which to Act when a Document is Served by Mail, Fax or E-Mail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When any
					 document is served by mail, fax, e-mail or any method other than personal
					 service, the period of time for exercising or performing any right or duty to
					 act or respond shall be extended by:
(1) Five
					 calendar days from the date of service, if the place of address and the place
					 of mailing of the party, attorney or other agent of record being served is
					 within California;
(2) Ten calendar
					 days from the date of service, if the place of address and the place of mailing
					 of the party, attorney or other agent of record being served is outside of
					 California but within the United States; and
(3) Twenty calendar days from the date of
					 service, if the place of address and the place of mailing of the party,
					 attorney or other agent of record being served is outside the United
					 States.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10606 - Physicians' Reports as Evidence. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subsections (i), (j) and (k) filed 5-25-82; designated effective 7-1-82
						(Register 82, No. 22).
2. Editorial correction of subsection (h)
						filed 2-2-83 (Register 83, No. 6).
3. 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).
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. Amendment of section and NOTE filed
						9-23-2013; operative 10-23-2013. Submitted as a file and print by the Workers'
						Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2013, No. 39).
6. Renumbering of former section
						10606 to section
						10682 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
						  4061,
						  4603.2,
						  4603.3,
						  4603.6,
						  4610.5,
						  4610.6,
						  4616.3,
						  4616.4,
						  4628,
						  5703,
						  5708 and
						  5709, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10606.5 - Vocational Experts' Reports as Evidence. [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
						10606.5 to section
						10685 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
						  139.32,
						  4628,
						  5502(d)(3)
						  and
						  5703(j),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10607 - Computer Printouts of Benefits Paid. [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).
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
						  5502(e)
						  and
						  5708, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure › Article 9 - Filing and Service of Documents › Section 10608 - Service of Medical Reports, Medical-Legal Reports, and Other Medical Information. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer and new section filed 12-23-93; operative 1-1-94. Submitted to OAL for
						printing only pursuant to Government Code section
						11351
						(Register 93, No. 52).
2. 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. 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).
4. 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).
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,
						  4903.6(d),
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  4903.6(d),
						  5001,
						  5502,
						  5703 and
						  5708, Labor
						  Code; and Sections
						  56.05 and
						  56.10, Civil
						  Code.