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 13 - Hearings › Section 10759 - Mandatory Settlement Conferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In accordance with Labor Code section
					 5502, the
					 workers' compensation judge shall have authority to inquire into the adequacy
					 and completeness, including provision for lien claims, of Compromise and
					 Release agreements or Stipulations with Request for Award or orders, and to
					 issue orders approving Compromise and Release agreements or awards or orders
					 based upon approved stipulations. The workers' compensation judge may
					 temporarily adjourn a conference to a time certain to facilitate a specific
					 resolution of the dispute(s) subject to Labor Code section
					 5502(d)(1).
Subject to the provisions of Labor Code section
						5502.5 and rule
						10744, upon a showing of good cause, the workers' compensation judge may
						continue a mandatory settlement conference to a date certain, may continue it
						to a status conference on a date certain, or may take the case off calendar. In
						such a case, the workers' compensation judge shall note the reasons for the
						continuance or order taking off calendar in the minutes. The minutes shall be
						served on all parties and their representatives.
(b) The parties shall meet and confer prior
					 to the mandatory settlement conference and, absent resolution of the
					 dispute(s), the parties shall complete a joint Pre-Trial Conference Statement
					 setting forth the issues and stipulations for trial, witnesses, and a list of
					 exhibits by the close of the mandatory settlement conference. A defendant that
					 has paid benefits shall have a current computer printout of benefits paid
					 available for inspection at every mandatory settlement conference.
(c) Each exhibit listed must be clearly
					 identified by author/provider, date, and title or type (e.g., "the July 1, 2008
					 medical report of John Doe, M.D. (3 pages)"). Each medical report,
					 medical-legal report, medical record, or other paper or record having a
					 different author/provider and/or a different date is a separate "document" and
					 must be listed as a separate exhibit, with the exception that the following
					 documents may be listed as a single exhibit, unless otherwise ordered by the
					 Workers' Compensation Appeals Board:
(1)
					 Excerpted portions of physician, hospital or dispensary records, provided that
					 the party offering the exhibit designates each excerpted portion by the title
					 of the record or document, by the date or dates of treatment or other
					 service(s) covered by the record or document, by the author or authors of the
					 record or document, and by any available page number(s) (e.g., Bates-numbered
					 pages of records or documents photocopied and numbered by a legal copy
					 service). Only the relevant excerpts of physician, hospital or dispensary
					 records shall be admitted in evidence;
(2) Excerpted portions of personnel records,
					 wage records and statements, job descriptions, and other business records
					 provided that the party offering the exhibit designates each excerpted portion
					 by the title of the record or document, by the date or dates covered by the
					 record or document, by the author or authors of the record or document, and by
					 any available page number(s) (e.g., Bates-numbered pages of records or
					 documents photocopied and numbered by a legal copy service). Only the relevant
					 excerpts of personnel records, wage records and statements, job descriptions,
					 and other business records shall be admitted in evidence; and
(3) Explanation of Benefits (EOB)
					 letters.