California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 9 - Review of Administrative Orders Issued by the Administrative Director › Section 10208.9 - Petition Appealing Notice of Compensation Due

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The petition appealing notice of
					 compensation due shall be served on the injured worker or dependent and on the
					 audit unit, concurrently with its filing.
(b) The petition appealing notice of
					 compensation due shall specify the factual and legal basis for the petition and
					 shall include the audit unit's file number. The petition appealing notice of
					 compensation due shall be accompanied by a copy of the notice of compensation
					 due, a declaration of readiness, an application for adjudication if one has not
					 been previously filed, and any other documents deemed relevant.
(c) If an application for adjudication has
					 not been previously filed, venue shall be designated and determined in
					 accordance with Labor Code section
					 5501.5 and
					 California Code of Regulations, title 8, section
					 10409. If an application for
					 adjudication has been previously filed, the petition appealing notice of
					 compensation due shall be filed at the district office having venue and the
					 case number assigned to the application for adjudication shall be assigned to
					 the petition.
(d) An appeal of
					 notice of compensation due shall be set for a hearing before a workers'
					 compensation administrative law judge within forty-five (45) days of filing
					 unless the employee's claim is already before a workers' compensation
					 administrative law judge on other substantive issues in which case the appeal
					 may be considered with these other issues. The audit unit, insurer,
					 self-insured employer or third party administrator and the injured worker shall
					 receive notice of the hearing and copies of subsequent notices of orders issued
					 in the case. Following the hearing, the workers' compensation administrative
					 law judge shall issue findings of fact and an order affirming, modifying or
					 rescinding the notice of compensation due, which complies with Labor Code
					 section
					 5313.
(e) The copy of the appeal of notice of
					 compensation due sent to the injured worker shall inform the injured worker of
					 the right to consult an attorney. If the injured worker is represented by an
					 attorney, the workers' compensation administrative law judge may determine the
					 amount of attorney fees reasonably incurred in resisting the appeal of notice
					 of compensation due and may assess reasonable attorney fees as a cost upon the
					 employer filing the appeal of notice of compensation due in accordance with
					 Labor Code section
					 129(c).
1.
						Renumbering of former section
						10291 to new section
						10208.9, including amendment of
						NOTE, filed 12-10-2012 as a change without regulatory effect pursuant to
						section 100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
Note: Authority cited: Sections
						  111,
						  133 and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  126,
						  129,
						  129.5,
						  5300,
						  5313 and
						  5501.5, Labor
						  Code.