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 5 - Applications and Answers › Section 10470 - Labor Code Section 4906(h) Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employee, insurer, employer and the
					 attorneys for each party shall comply with Labor Code section
					 4906(h).
					 Failure to file the statement required by Labor Code section
					 4906(h)
					 shall result in refusal to file that party's Application for Adjudication of
					 Claim or Answer.
(b) If anyone
					 subject to subdivision (a) of this rule is not available, cannot be located or
					 is unwilling to sign, a declaration under penalty of perjury setting forth in
					 specific detail the reasons and describing good faith efforts made to comply
					 with this rule may be filed with the Application for Adjudication of Claim or
					 Answer. If the presiding workers' compensation judge determines from the facts
					 set forth in the declaration that good cause has been established, the
					 presiding workers' compensation judge may accept the Application for
					 Adjudication of Claim or Answer for filing. For the purpose of this rule, a
					 Compromise and Release agreement or Stipulations with Request for Award shall
					 not be treated as an Application for Adjudication of Claim.
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 2002, No.
						51.
2. Editorial correction of HISTORY 1 (Register 2017, No.
						8).
3. Renumbering of former section
						10470 to section
						10530 and renumbering of former
						section 10404 to section
						10470, 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: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Section
						  4906(h),
						  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 6 - Venue › Section 10480 - Venue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When filing a case opening document, the filer shall
						designate venue and shall specify the basis for venue in accordance with Labor
						Code section
						5501.5.
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
						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 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. New article 6 heading, repealer of
						former section
						10480 and renumbering and amendment
						of former section
						10409 to section
						10480 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
						  5500 and
						  5501.5, 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 6 - Venue › Section 10482 - Venue when Applicant is Employee of Division of Workers' Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a Division of Workers' Compensation employee files
						an Application for Adjudication of Claim or other case opening document
						regardless of the venue designated by the employee, venue shall be determined
						as follows:
(a) The parties may agree
					 on a venue, subject to the approval of the presiding workers' compensation
					 judge of the agreed-upon venue.
(b)
					 If the parties are unable to agree on a suitable venue, or for any other good
					 cause shown, the presiding workers' compensation judge of the district office
					 designated on the application or other case opening document shall consult with
					 the Secretary or other deputy commissioner of the Appeals Board to determine
					 the appropriate venue, with the secretary or other deputy commissioner issuing
					 the appropriate venue order.
(c)
					 The secretary or other deputy commissioner of the Appeals Board shall assign
					 the case to a workers' compensation judge unfamiliar with the employee. When
					 appropriate, a workers' compensation judge from a region other than the
					 employee's region shall be assigned.
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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5500 and
						  5501.5, 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 6 - Venue › Section 10484 - Procedural Requirement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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).
2. Amendment of second paragraph 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: Sections
						  5500 and
						  5505, 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 6 - Venue › Section 10488 - Objection to Venue Based on an Attorney's Principal Place of Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Labor Code section
						5501.5(c),
						any employer or insurance carrier listed on an initial Application for
						Adjudication of Claim may file an objection to a venue selection, based on the
						employee's attorney's principal place of business under Labor Code section
						5501.5(a)(3),
						within 30 days after notice of the adjudication case number and venue is
						received by the employer or insurance carrier. The objecting employer or
						insurance carrier shall state under penalty of perjury the date when the notice
						of the adjudication case number and venue was received. A timely objection
						shall result in venue being assigned in accordance with Labor Code section
						5501.5(a)(1) or
						(a)(2).
1.
						Renumbering and amendment of former section
						10410 to section
						10488 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 of section
						10488, see Register 93, No.
						52.
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Section
						  5501.5, 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 6 - Venue › Section 10490 - Petition for Change of Venue for Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition for change of venue pursuant to Labor Code
						section
						5501.6 shall be
						filed at the district office or permanently staffed satellite office having
						venue. Any objection to a petition for a change of venue shall be filed within
						10 days of the filing of the petition. The presiding workers' compensation
						judge of the district office having venue, or the workers' compensation judge
						of the permanently staffed satellite office having venue, shall grant or deny
						the petition for change of venue, or serve notice of a status conference
						concerning the petition, within 30 days of the filing of the
						petition.
1.
						Amendment of section heading and 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. Renumbering of former section
						10490 to section
						10515 and renumbering of former
						section 10411 to section
						10490, 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
						  5501.6, 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 6 - Venue › Section 10492 - When Pleadings Deemed Amended. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10492 to section
						10517 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 6 - Venue › Section 10496 - Awards and Orders Without Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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 6 - Venue › Section 10497 - Rejection of Stipulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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 6 - Venue › Section 10498 - Special Requirements for Pleadings Filed or Served by Attorneys or by Non-Attorney Employees of an Attorney or Law Firm. [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
						10498 to section
						10520 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
						  5000,
						  5501,
						  5505 and
						  5900 et seq., Labor Code; Sections
						  10232(a)(4),
						  10450 and
						  10773, title 8, California Code of
						  Regulations; and Rules 2.111(1) and 8.204(b)(10)(D), California Rules of
						  Court.
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 10500 - Form Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No workers' compensation judge and no
					 district office of the Workers' Compensation Appeals Board shall require the
					 parties to use a form other than that prescribed and approved by the Appeals
					 Board.
(b) Each of the following
					 documents shall be on a form prescribed and approved by the Appeals Board:
(1) An Application for Adjudication of Claim
					 for compensation benefits or death benefits;
(2) A lien;
(3) A Declaration of Readiness to
					 Proceed;
(4) A Pre-Trial Conference
					 Statement;
(5) Minutes of Hearing
					 except Minutes of Hearing prepared by a court reporter;
(6) A Compromise and Release
					 agreement;
(7) Stipulations with
					 Request for Award;
(8) A petition
					 to terminate liability for temporary disability indemnity;
(9) A special notice of lawsuit;
					 and
(10) Any other form the Appeals
					 Board, in its discretion, determines should be uniform and
					 standardized.
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 10501 - Service in Death Cases. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section heading and 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: Section
						  4706.5, 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 7 - Petitions, Pleadings and Forms › Section 10505 - Service by the Parties or Lien Claimants. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section heading and text filed 12-23-93; operative 1-1-94.
						Submitted to OAL for printing 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 heading, section
						and NOTE filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
4. 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: Section
						  5316, 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 10506 - Service: Mailbox. [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: Section
						  5316, 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 10507 - Time Within Which to Act when a Document is Served by Mail, Fax, or E-Mail. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section heading and 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 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
						10507 to section
						10605 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.
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 10508 - Extension of Time for Weekends and Holidays. [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
						10508 to section
						10600 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 7 - Petitions, Pleadings and Forms › Section 10510 - Petitions and Answers to Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After jurisdiction of the Workers'
					 Compensation Appeals Board is invoked pursuant to rule 10450, a request for
					 action by the Workers' Compensation Appeals Board, other than a rule 10500 form
					 pleading, shall be made by petition. The caption of each petition shall contain
					 the case title and adjudication case number and shall indicate the type of
					 relief sought.
(b) All petitions
					 and answers shall be filed in accordance with rule 10615 and served on all
					 parties in accordance with rule 10625. A failure to concurrently file a proof
					 of service with a petition or answer constitutes a valid ground for summarily
					 dismissing or denying the petition or summarily rejecting the answer.
(c) An answer may be filed within 10 days
					 after the service of a petition unless otherwise provided. The time limit for
					 filing any shall be extended in accordance with rule 10605 unless otherwise
					 provided.
(d) All petitions and
					 answers shall be verified under penalty of perjury in the manner required for
					 verified pleadings in courts of record. A failure to comply with the
					 verification requirement constitutes a valid ground for summarily dismissing or
					 denying a petition or summarily rejecting an answer.
(e) A document cover sheet and a document
					 separator sheet shall be filed with each petition or answer. The appropriate
					 title for the petition or answer shall be entered into the document title field
					 of the document separator sheet.
(f) Any previously filed document shall not
					 be attached to a petition or answer; any such document attached to a petition
					 or answer may be discarded.
1.
						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).
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 former section
						10510 and renumbering of former
						section 10450 to section
						10510, 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: Sections
						  126 and
						  5905, 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 10514 - Proof of Service by Parties and Lien Claimants. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section heading and text 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. 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: Section
						  5316, 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 10515 - Demurrer, Judgment on the Pleadings and Summary Judgment Not Permitted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Demurrers, petitions for judgment on the pleadings and
						petitions for summary judgment are not permitted.
1.
						Renumbering of former section
						10490 to section
						10515, 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 and
						  5307, Labor
						  Code. Reference: Sections
						  5500 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 7 - Petitions, Pleadings and Forms › Section 10517 - When Pleadings Deemed Amended

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pleadings shall be deemed amended to conform to the
						stipulations and statement of issues agreed to by the parties on the record.
						Pleadings may be amended by the Workers' Compensation Appeals Board to conform
						to proof.
1.
						Renumbering and amendment of former section
						10492 to section
						10517 filed12-17-2019; 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 7 - Petitions, Pleadings and Forms › Section 10520 - Special Requirements for Pleadings Filed or Served by Representatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a party
					 is represented by an attorney, all pleadings filed with the Workers'
					 Compensation Appeals Board or served on any party or other person shall include
					 the name, State Bar number, law firm, if any, business address and business
					 telephone number of the attorney.
(b) If a non-attorney employee of an attorney
					 or law firm is executing the pleading being filed or served, the pleading shall
					 include a heading containing the non-attorney's name and the name, State Bar
					 number, law firm, if any, business address and business telephone number of the
					 attorney primarily responsible for supervising the non-attorney.
(c) If a non-attorney representative who is
					 not an employee of an attorney or law firm is executing the pleading being
					 filed or served, the pleading shall include a heading containing the
					 non-attorney representative's name followed by the words "Non-Attorney
					 Representative," the name of the entity, if any, that employs the non-attorney
					 representative, business address and business telephone number.
1.
						Renumbering of former section
						10498 to section
						10520, 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). For prior history of section
						10520, see Register 2008, No.
						47.
Note: Authority cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5000,
						  5501,
						  5505 and
						  5900 et seq., Labor Code; and Rules
						  2.111(1) and 8.204(b)(10)(D), California Rules of
						  Court.
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 10525 - Petition for Increased or Decreased Compensation - Serious and Willful Misconduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any claim(s) that an injury was caused by
					 either the serious and willful misconduct of the employee or of the employer
					 must be separately pleaded and must set out in sufficient detail the specific
					 basis upon which a claim is founded. When a claim of serious and willful
					 misconduct is based on more than one theory, the petition shall set forth each
					 theory separately.
(b) Whenever a
					 claim of serious and willful misconduct is predicated upon the violation of a
					 particular safety order, the petition shall set forth the correct citation or
					 reference and all of the particulars required by Labor Code section
					 4553.1.
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 and
						  5307, Labor
						  Code. Reference: Sections
						  4550,
						  4551,
						  4552,
						  4553 and
						  4553.1, 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 10528 - Petition for Increased Compensation - Discrimination Under Labor Code Section 132a

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person seeking to initiate proceedings under Labor
						Code section
						132a other than
						prosecution for misdemeanor must file a petition setting forth specifically and
						in detail the nature of each violation alleged, facts relied upon and the
						relief sought. Each alleged violation must be separately pleaded.
The Workers' Compensation Appeals Board may refer, or any
						worker may complain of, suspected violations of the criminal misdemeanor
						provisions of Labor Code section
						132a to the
						Division of Labor Standards Enforcement or directly to the Office of the Public
						Prosecutor.
1.
						Renumbering of former section
						10447 to section
						10528, 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 and
						  5307, Labor
						  Code. Reference: Section
						  132a, 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 10530 - Emergency Petition for Stay

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party may present to the presiding
					 workers' compensation judge of the district office having venue or the workers'
					 compensation judge of the permanently staffed satellite office having venue a
					 petition to stay an action by another party pending a hearing. Each district
					 office will have a designee of the presiding workers' compensation judge
					 available to assign petitions for stay from 8:00 a.m. to 11:00 a.m. and 1:00
					 p.m. to 4:00 p.m. on court days.
(b) A party who walks through a petition to
					 stay an action shall provide notice by fax or e-mail to the opposing party or
					 parties no later than 10:00 a.m. of the immediately preceding court day. This
					 notice shall state with specificity the nature of the relief to be requested by
					 the petition to stay and state the date, time and place that the petition to
					 stay will be presented. A copy of the petition to stay shall be attached to the
					 notice. If notice by fax or e-mail fails, or if an opposing party's fax number
					 or e-mail address are unknown, notice shall be given in the manner best
					 calculated to expeditiously provide the party or parties with notice including
					 notice by phone or by overnight mail or delivery service. First-class mail
					 shall not be utilized for notice of a petition to stay an action.
(c) A petition to stay an action shall be
					 accompanied by a declaration regarding notice stating under penalty of perjury:
(1) The notice given, including the date,
					 time, manner and name of the party informed;
(2) The relief sought; and
(3) Whether opposition is expected. In
					 addition, if the petitioner was unable to give timely notice to the opposing
					 party, the declaration under penalty of perjury shall state that the petitioner
					 in good faith attempted to inform the opposing party but was unable to do so,
					 and shall specify the efforts made to inform the opposing
					 party.
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 10532 - Notice to Appear or Produce. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10532 to section
						10642 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, Labor
						  Code. Reference: Section
						  132, 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 10534 - Petition to Reopen

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Petitions invoking the continuing jurisdiction of the
						Workers' Compensation Appeals Board under Labor Code section
						5803 shall set
						forth specifically and in detail the facts relied upon to establish good cause
						for reopening.
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. Renumbering of former section
						10534 to section
						10644 and renumbering of former
						section 10455 to section
						10534 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
						  5803, 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 10536 - Petition for New and Further Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The jurisdiction of the Workers' Compensation Appeals
						Board under Labor Code section
						5410 shall be
						invoked by a petition setting forth specifically and in detail the facts relied
						upon to establish new and further disability.
If no prior Application for Adjudication of Claim has
						been filed, jurisdiction shall be invoked by the filing of an original
						Application for Adjudication of Claim.
1.
						Repealer and new section 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 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
						10536 to section
						10647 and renumbering and amendment
						of former section
						10458 to section
						10536 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
						  5410 and
						  5803, 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 10537 - Subpoena for Medical Witness. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10537 to section
						10650 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, Labor
						  Code. Reference: Section
						  132, 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 10538 - Subpoenas for Medical Information by Non-Physician Lien Claimants. [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
						10538 to section
						10655 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
						  130,
						  4903.6(d)
						  and
						  5710(a),
						  Labor Code; and Sections
						  56.05 and
						  56.10, Civil
						  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 10540 - Petition to Terminate Liability for Continuing Temporary Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any petition to
					 terminate liability for temporary total disability indemnity awarded under a
					 findings and award, decision or order of the Workers' Compensation Appeals
					 Board shall include:
(1) A statement, in
					 capital letters, that an order terminating liability for temporary total
					 disability indemnity may issue unless objection thereto is served and filed on
					 behalf of the employee within 14 days after service and filing of the petition,
					 and
(2) All medical reports in the
					 possession of the petitioner that have not previously been served and
					 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 7 - Petitions, Pleadings and Forms › Section 10541 - Submission at Conference. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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).
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 and NOTE filed
						11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register
						2008, No. 47).
4. Repealer of article 8 heading and renumbering of
						former section
						10541 to section
						10761 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
						  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 7 - Petitions, Pleadings and Forms › Section 10544 - Notice of Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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).
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
						10544 to section
						10750 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
						  5504, 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 10545 - Petition for Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 petition for costs is a petition seeking reimbursement of an expense or payment
					 for service that is not allowable as a lien against compensation under Labor
					 Code section
					 4903. A
					 petition for costs may be filed only by:
(1)
					 An employee or the dependent of a deceased employee;
(2) A defendant; or
(3) An interpreter for services other than
					 those rendered at a medical treatment appointment or medical-legal
					 examination.
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 10547 - Petition for Labor Code Section 5710 Attorney's Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for attorney's fees pursuant
					 to Labor Code section
					 5710 is a
					 petition seeking attorney fees for representation of the applicant at a
					 deposition allowable under Labor Code section
					 5710(b)
					 as well as any other benefits listed under Labor Code section
					 5710(b)(1)-(5).
(b) The caption of the petition shall
					 identify it as a "Petition for Attorney's Fees Pursuant to Labor Code Section
					 5710."
(c) A petition for attorney's fees pursuant
					 to Labor Code section
					 5710 shall be
					 verified upon oath in the manner required for verified pleadings in courts of
					 record.
(d) A petition for
					 attorney's fees pursuant to Labor Code section
					 5710 shall not
					 be filed or served until at least 30 days after a written demand for the fees
					 has been served on the defendant(s). The petition shall append:
(1) A copy of the written demand, together
					 with a copy of the proof of service;
(2) A copy of the response, if any;
(3) A proof of service showing service on the
					 injured worker and the defendant alleged to be liable for paying the fees;
					 and
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 10548 - Continuances. [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
						10548 to section
						10748 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 and
						  5502.5, 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 7 - Petitions, Pleadings and Forms › Section 10549 - Appearances in Settled 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).
2. Editorial correction of HISTORY 1
						(Register 2017, No. 8).
3. Renumbering of former section
						10549 to section
						10757 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 and
						  5502.5, Labor
						  Code.