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 10635 - Duty to Serve Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where documents, including electronic
					 media, are to be offered into evidence, copies shall be served on all adverse
					 parties no later than the mandatory settlement conference, unless good cause is
					 shown.
(b) If a party requests that
					 a defendant provide a computer printout of benefits paid, the defendant shall
					 provide the requesting party with a current computer printout of benefits paid
					 within 20 days. The printout shall include the date and amount of each payment
					 of temporary disability indemnity, permanent disability indemnity, the period
					 covered by each payment, and the date, payee and amount of each payment for
					 medical treatment. After receipt of a printout of benefits, another such
					 request may not be made more frequently than once in a 120-day period unless
					 there is a change in indemnity payments or a new dispute requiring updated
					 payment periods.
(c) During the
					 continuing jurisdiction of the Workers' Compensation Appeals Board, the parties
					 have an ongoing duty to serve each other with any medical reports received and
					 any written communication from a physician containing information listed in
					 rule 10682 that is maintained in the employer's capacity as an employer within
					 10 calendar days of receipt.
(d)
					 The parties are not required to serve a lien claimant with medical reports
					 unless ordered by the Workers' Compensation Appeals Board, unless the lien
					 claimant is defined as a "physician" by Labor Code section
					 3209.3 or is an
					 entity described in Labor Code sections
					 4903.05(d)(7)
					 and
					 4903.06(b),
					 and has requested such service.
(e)
					 Records from an employee assistance program are not required to be filed or
					 served unless ordered by the Workers' Compensation Appeals Board.
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). For prior history, see Register 91, No.
						7.
2. Amendment of subsection (c), repealer of subsection (c)(1),
						renumbering and amendment of former subsections (c)(2)-(3) to subsections
						(d)-(e) filed 12-15-2021; operative 1-1-2022 pursuant to Government Code
						section
						11343.4(b)(3).
						Submitted to OAL for filing and printing only pursuant to Government Code
						section
						11351
						(Register 2021, No. 51).
Note: Authority cited: Sections
						  133,
						  4903.6(d),
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  3209.3,
						  4600,
						  4903.05,
						  4903.06,
						  4903.6(d),
						  5001,
						  5502,
						  5502(e),
						  5703 and
						  5708, Labor
						  Code.