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 13 - Hearings › Section 10779 - Disbarred and Suspended Attorneys. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of first 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).
2. Amendment of 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
						10779 to section
						10445 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
						  4907, Labor
						  Code; and Section
						  6126,
						  Business and Professions 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 13 - Hearings › Section 10780 - Dismissal Orders. [Renumbered]

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 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 of article 15 heading and
						renumbering of former section
						10780 to section
						10850 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.
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 10782 - Expedited Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where injury to any part or parts of the body is accepted as compensable by the
					 employer, a party is entitled to an expedited hearing and decision upon the
					 filing of an Application for Adjudication of Claim and a Declaration of
					 Readiness to Proceed pursuant to rule 10625 establishing a bona fide, good
					 faith dispute pursuant to Labor Code section
					 5502(b).
(b) An expedited hearing may be set upon
					 request where injury to any part or parts of the body is accepted as
					 compensable by the employer and the issues include medical treatment or
					 temporary disability for a disputed body part or parts.
(c) A workers' compensation judge assigned to
					 a case may redesignate the expedited hearing as a mandatory settlement
					 conference, receive a Pre-Trial Conference Statement pursuant to Labor Code
					 section
					 5502, close
					 discovery and schedule the case for trial on the issues presented, if the
					 workers' compensation judge determines that the case is not appropriate for
					 expedited determination.
(d)
					 Grounds for the re-designation of an expedited hearing include, but are not
					 limited to, cases where the direct and cross-examination of the applicant will
					 be prolonged, or where there are multiple witnesses who will offer extensive
					 testimony.
(e) The parties are
					 expected to submit for decision all matters properly in issue at a single trial
					 and to produce all necessary evidence, including witnesses, documents, medical
					 reports, payroll statements and all other matters considered essential in the
					 proof of a party's claim or defense.
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
						10782 to section
						10430 and renumbering of former
						section 10552 to section
						10782, 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 and
						  5502, Labor
						  Code. Reference: Section
						  5502, 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 13 - Hearings › Section 10785 - Priority Conferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A priority conference shall be set upon
					 the filing of a Declaration of Readiness to Proceed requesting a priority
					 conference that shows that:
(1) The applicant
					 is represented by an attorney and the issues in dispute include employment
					 and/or injury arising out of and in the course of employment; or
(2) The applicant claims to have been
					 employed by an illegally uninsured employer and the issues in dispute include
					 employment and/or injury arising out of and in the course of
					 employment.
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 10787 - Trials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The parties
					 shall submit for decision all matters properly in issue at a single trial and
					 produce at the trial all necessary evidence, including witnesses, documents,
					 medical reports, payroll statements and all other matters considered essential
					 in the proof of a party's claim or defense. However, a workers' compensation
					 judge may order that the issues in a case be bifurcated and tried separately
					 upon a showing of good cause.
(b)
					 Unless already filed in EAMS, the parties shall have all proposed exhibits
					 available at trial for review by and filing with the trial workers'
					 compensation judge.
(c) Minutes of
					 hearing and summary of evidence shall be prepared at the conclusion of each
					 trial and filed in the record of proceedings. They shall include:
(1) The names of the commissioners, deputy
					 commissioner or workers' compensation judge, reporter, the parties present,
					 attorneys or other agents appearing therefor and witnesses sworn;
(2) The place and date of said
					 trial;
(3) The admissions and
					 stipulations, the issues and matters in controversy, a descriptive listing of
					 all exhibits received for identification or in evidence (with the identity of
					 the party offering the same);
(4)
					 The disposition, and if the disposition is an order taking off calendar or a
					 continuance, the reasons for the order which shall include the time and action,
					 if any, required for submission;
(5) A summary of the evidence required by
					 Labor Code section
					 5313 that shall
					 include a fair and unbiased summary of the testimony given by each
					 witness;
(6) If motion pictures are
					 shown, a brief summary of their contents or a stipulation that parties waive a
					 summary; and
(7) A fair statement
					 of any offers of proof.
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 10789 - Walk-Through Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following documents may be submitted
					 on a walk-through basis without a party filing a Declaration of Readiness to
					 Proceed or the Workers' Compensation Appeals Board serving a notice of hearing:
(1) Compromise and Releases;
(2) Stipulations with Request for
					 Award;
(3) Petitions for attorney's
					 fees for representation of the applicant at a deposition;
(4) Petitions to compel attendance at a
					 medical examination or deposition; and
(5) Petitions for Costs pursuant to rule
					 10545.
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 10790 - Interpreters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be the responsibility of any party producing a
						witness requiring an interpreter to arrange for the presence of a qualified
						interpreter. Subject to the rules of the Administrative Director, the Workers'
						Compensation Appeals Board may in any case appoint an interpreter and fix the
						interpreter's compensation.
1.
						Renumbering of former section
						10564 to section
						10790, including amendment of
						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: Sections
						  130,
						  133,
						  5307 and
						  5708, 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 14 - Record of Proceedings › Section 10800 - Transcripts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Testimony taken at hearings will not be transcribed
						except upon the written request of a party accompanied by the fee prescribed in
						the Rules of the Administrative Director, or unless ordered by a commissioner,
						a deputy commissioner or presiding workers' compensation judge. Any written
						request shall be served on all parties.
1. New
						article 14 heading and renumbering and amendment of former section
						10740 to section
						10800 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 14 - Record of Proceedings › Section 10803 - Record of Proceedings Maintained in Adjudication File

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Workers' Compensation Appeals Board's
					 adjudication file shall consist of:
(1) All
					 documents filed by any party, attorney or other agent of record, and as
					 provided in rule 10205.4; and
(2)
					 The record of proceedings, which consists of: the pleadings, minutes of
					 hearing, summaries of evidence, certified transcripts, proofs of service,
					 admitted evidence, exhibits identified but not admitted as evidence, notices,
					 petitions, briefs, findings, orders, decisions and awards, opinions on
					 decision, reports and recommendations on petitions for reconsideration and/or
					 removal, and the arbitrator's file, if any. Each of these documents is part of
					 the record of proceedings, whether maintained in paper or electronic form.
					 Documents that are in the adjudication file but have not been received or
					 offered as evidence are not part of the record of
					 proceedings.
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 14 - Record of Proceedings › Section 10807 - Inspection of Workers' Compensation Appeals Board Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The records and files of the Workers'
					 Compensation Appeals Board shall not be taken from its offices on informal
					 request, in response to a subpoena duces tecum, or in response to any order
					 issued by any other court or tribunal.
(b) Except as precluded by Civil Code section
					 1798.24 or
					 Government Code section
					 6254,
					 certified copies of portions of the records desired by litigants shall be
					 delivered upon payment of fees as provided in the Rules of the Administrative
					 Director.
(c) Except as provided by
					 rules 10208.6 and 10813, or as ordered by the presiding workers' compensation
					 judge or the Appeals Board, the adjudication case files of the Workers'
					 Compensation Appeals Board may be inspected in accordance with the provisions
					 of rules 10208.5 and 10208.6.
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
						  126,
						  127,
						  5811 and
						  5955, Labor
						  Code; Section
						  1798.24, Civil
						  Code; and Section
						  6254,
						  Government 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 14 - Record of Proceedings › Section 10811 - Destruction of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided by these rules, or as
						ordered by a workers' compensation judge or the Appeals Board, the adjudication
						case files of the Workers' Compensation Appeals Board shall be retained,
						returned, and destroyed in accordance with the provisions of rule
						10208.7.
1.
						Renumbering and amendment of former section
						10755 to section
						10811 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
						  135, 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 14 - Record of Proceedings › Section 10813 - Sealed Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The presiding workers' compensation judge
					 or the Appeals Board may order sealed medical reports, medical records or other
					 documents filed in a case containing references to or discussions of mental or
					 emotional health of any person, sexual habits or practice, use of or addiction
					 to alcohol or other drugs, or other matters of similar character. Sealed
					 documents shall not be made available for public inspection except by order of
					 the presiding workers' compensation judge or the Appeals Board upon a showing
					 of good cause.
(b) A party
					 requesting that documents be sealed shall file a petition to seal documents or
					 portions thereof with either the district office having venue or with the
					 Appeals Board, if the matter is pending there.
(1) Any petition to seal documents shall
					 demonstrate good cause and shall be accompanied by a declaration containing
					 facts sufficient to justify the sealing consistent with subdivision (c) of this
					 rule.
(2) Documents that have not
					 been filed prior to the petition to seal may be lodged with the Workers'
					 Compensation Appeals Board concurrently with the filing of the petition to
					 seal. A document shall be lodged in a sealed envelope with a coversheet that
					 includes the ADJ number, a general description of the documents and a statement
					 that "the documents are lodged pending the outcome of a petition to
					 seal."
(3) If necessary to prevent
					 disclosure, the petition, any opposition and any supporting documents must be
					 filed in a public redacted version and lodged in a complete version
					 conditionally under seal.
(4) If
					 the presiding worker's compensation judge or the Appeals Board denies the
					 petition to seal, the clerk shall return the lodged record to the submitting
					 party and shall not place it in the adjudication file.
(5) Subsequently-filed documents shall not
					 disclose material contained in a document previously sealed, conditionally
					 sealed, or subject to a pending petition to seal.
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 14 - Record of Proceedings › Section 10815 - Electronic Hearings Before the Workers' Compensation Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any matter may
					 be set for an electronic hearing as set forth in rule 10745.
(b) Any party may object to an electronic
					 hearing by filing a written objection showing good cause after service of a
					 notice that a hearing will be conducted electronically.
(c) After an objection to a notice that a
					 hearing will be conducted electronically is filed, the presiding workers'
					 compensation judge of the district office having venue may set the issue of
					 whether the hearing will be conducted electronically for a hearing.
(d) If the presiding workers' compensation
					 judge of the district office having venue takes no action on the objection
					 before the hearing, it will be deemed deferred as an issue for the hearing
					 before the assigned workers' compensation judge.
(e) The Division of Workers' Compensation
					 will make information available to members of the public regarding access to
					 hearings.
1. New
						section 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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5502,
						  5504 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 14 - Record of Proceedings › Section 10816 - Electronic Appearances Before the Workers' Compensation Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a party
					 intends to appear electronically at any hearing, they shall file a petition
					 showing good cause pursuant to rule 10510.
(b) For any hearing that is conducted
					 electronically pursuant to rule 10815, all appearances will be presumed to be
					 electronic appearances with no petition required, unless otherwise requested,
					 ordered or allowed.
1. New
						section 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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5502,
						  5502.5 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 14 - Record of Proceedings › Section 10817 - Electronic Testimony Before the Workers' Compensation Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a witness
					 intends to testify electronically, a petition showing good cause shall be filed
					 pursuant to rule 10510 by the witness or by the party offering the witness's
					 testimony before the hearing, and shall identify the witness and contain the
					 witness's full legal name, mailing address, email address and telephone
					 number.
(b) For any hearing that is
					 conducted electronically pursuant to rule 10815, all testimony will be presumed
					 to be electronic testimony with no petition required, unless otherwise
					 requested, ordered or allowed.
1. New
						section 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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5502,
						  5502.5 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 14 - Record of Proceedings › Section 10818 - Recording of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recording of proceedings shall be
					 permitted only on written order by the Workers' Compensation Appeals Board.
Any person who wishes to record a proceeding shall file a
						written petition showing good cause pursuant to rule 10510.
The Workers' Compensation Appeals Board may hold a
						hearing on the request or rule on the request without a hearing.
The Workers' Compensation Appeals Board may condition the
						order permitting recording of the proceedings on the requestor's agreement to
						pay any increased costs incurred by DWC resulting from recording the
						proceeding.
(b) Any person
					 proposing to record the proceedings for personal use shall obtain advance
					 permission from the workers' compensation judge. The recording shall not be
					 used for any purpose other than as personal notes.
(c) Permission to record the proceedings may
					 be revoked if the workers' compensation judge determines that:
the continued recording of the proceedings will inhibit
						any party or witness from participation in the proceeding or
the recording is done in a manner that threatens to
						disrupt the proceeding.
(d)
					 Any violation of this rule is an unlawful interference with the proceedings and
					 may be the basis for an order terminating recording, a citation for contempt or
					 an order imposing monetary or other sanctions. A workers' compensation judge
					 may issue a notice of intention pursuant to rule 10832 for any violation of
					 this rule.
(e) Only the recordings
					 described in Labor Code sections
					 5704 and
					 5708 are the
					 official recordings of a proceeding.
1.
						Renumbering former section
						10760 to section
						10818, 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).
2. Amendment 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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Rule 1.150, 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 14 - Record of Proceedings › Section 10820 - When Certified Copies Will Issue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certified copies of findings, awards and
					 other final orders for the purpose of having judgment entered and execution
					 issued by the clerk of a superior court shall be issued by the presiding
					 workers' compensation judge only upon written request of the person seeking to
					 have judgment entered and execution issued, or by their attorney or
					 non-attorney representative, and upon payment of the fees prescribed by the
					 Rules of the Administrative Director.
(b) Certified copies of such orders and
					 awards against authorized insurance carriers, authorized self-insured
					 employers, the State of California and all political subdivisions thereof shall
					 be issued only upon receipt of a written request showing good cause
					 therefor.
(c) Every request for a
					 certified copy of any final order must state whether proceedings are pending on
					 reconsideration or judicial review, whether a petition for reconsideration or a
					 writ of review has been filed, and whether the decision, a certified copy of
					 which is requested has become final.
(d) Nothing in these rules shall limit the
					 power of the Workers' Compensation Appeals Board to issue a certified copy at
					 any time upon its own motion without charge.
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 of article 16 heading and
						amendment of 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
						  5806,
						  5807 and
						  5808, 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 14 - Record of Proceedings › Section 10825 - Withholding Certified Copies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As an alternative to the issuance of an order staying
						execution, the Workers' Compensation Appeals Board may direct by order that no
						certified copy be issued. Such an order shall have the same effect as an order
						staying execution issued under similar circumstances.
(a) Before staying execution or issuing an
					 order withholding issuance of a certified copy of an order, decision or award,
					 the Workers' Compensation Appeals Board in its discretion may require the
					 filing of a bond from an approved surety equivalent to twice the probable
					 amount of liability in the case.
(b) The bond shall be filed in the record of
					 the case.
1.
						Amendment of subsection (a) 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
						  130,
						  134,
						  5105,
						  5806,
						  5807,
						  5808,
						  5809,
						  6000,
						  6001 and
						  6002, 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 14 - Record of Proceedings › Section 10828 - Necessity for Bond. [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
						  5808,
						  5956,
						  6000,
						  6001 and
						  6002, 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 15 - Findings, Awards and Orders › Section 10832 - Notices of Intention and Orders After Notices of Intention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Workers'
					 Compensation Appeals Board may issue a notice of intention for any proper
					 purpose, including but not limited to:
(1)
					 Allowing, disallowing or dismissing a lien;
(2) Granting, denying or dismissing a
					 petition;
(3) Sanctioning a
					 party;
(4) Submitting the matter on
					 the record; or
(5) Dismissing an
					 application.
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 15 - Findings, Awards and Orders › Section 10833 - Minute Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Interlocutory or interim orders, including but not
						limited to orders of dismissal of improper or unnecessary parties, may be
						entered upon the minutes of hearing and will become the order of the Workers'
						Compensation Appeal Board upon the filing thereof.
1.
						Renumbering and amendment of former section
						10570 to section
						10833 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
						  5307.5, 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 15 - Findings, Awards and Orders › Section 10835 - Effect of Stipulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Findings, awards and orders may be based
					 upon stipulations of parties in open court or upon written stipulation signed
					 by the parties.
(b) No finding
					 shall be made contrary to a stipulation of the parties without giving the
					 parties notice and an opportunity to be heard.
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: 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 15 - Findings, Awards and Orders › Section 10840 - Approval of Attorney's Fee by Workers' Compensation Appeals Board Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No attorney or
					 agent shall request, demand or accept any money from a worker or dependent of a
					 worker for the purpose of representing the worker or dependent of a worker
					 before the Workers' Compensation Appeals Board or in any appellate procedure
					 related thereto until the fee has been approved or set by the Workers'
					 Compensation Appeals Board or an appellate court.
(b) Any agreement between any attorney or
					 agent and a worker or dependent of a worker for payment of a fee shall be
					 submitted to the Workers' Compensation Appeals Board for approval within 10
					 days after the agreement is made.
1.
						Repealer and new section filed 12-16-92; operative 2-1-93 and exempt from OAL
						review pursuant to Government Code section
						11351
						(Register 92, No. 51).
2. 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).
3. Amendment of article heading, 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 of
						article 17 heading, repealer of former section
						10840 and renumbering former
						section 10776 to section
						10840, 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
						  4903 and
						  4906, 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 15 - Findings, Awards and Orders › Section 10842 - Request for Increase of Attorney's Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All requests for an increase in attorney's fee shall be
						accompanied by proof of service on the applicant of written notice of the
						attorney's adverse interest and of the applicant's right to seek independent
						counsel. Failure to notify the applicant may constitute grounds for dismissal
						of the request for increase in fee.
1. New
						section filed 5-25-82; designated effective 7-1-82 (Register 82, No.
						22).
2. 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).
3. Amendment of last 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).
4. 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).
5. Renumbering of former section
						10842 to section
						10945 and renumbering and amendment
						of former section
						10778 to section
						10842 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
						  4903 and
						  4906, 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 15 - Findings, Awards and Orders › Section 10843 - Petitions for Removal and Answers. [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 12-12-2000; operative
						1-1-2001. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2000, No. 50).
5. Renumbering of former section
						10842 to section
						10945 and renumbering and amendment
						of former section
						10778 to section
						10842 filed 12-17-2019; operative
						1-1-2020. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2019, No. 51).
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. 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).
5. Renumbering of former section
						10843 to section
						10955 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
						  5310, 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 15 - Findings, Awards and Orders › Section 10844 - Reasonable Attorney's Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In establishing a reasonable attorney's fee, the workers'
						compensation judge or arbitrator shall consider the:
(a) Responsibility assumed by the
					 attorney;
(b) Care exercised in
					 representing the applicant;
(c)
					 Time involved; and
(d) Results
					 obtained.
1. New
						section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
2. Repealer of former section
						10844 and renumbering and amendment
						of former section
						10775 to section
						10844 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
						  4903 and
						  4906, 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 15 - Findings, Awards and Orders › Section 10845 - General Requirements for Petitions for Reconsideration, Removal, and Disqualification, and for Answers and Other Documents. [Repealed]

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 subsection (a) 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. Amendment of subsection (a) filed
						10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to
						Government Code section
						11351
						(Register 2014, No. 42).
4. Editorial correction of HISTORY 3
						(Register 2017, No. 8).
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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5310,
						  5311,
						  5900 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 15 - Findings, Awards and Orders › Section 10846 - Skeletal Petitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of section and NOTE filed 11-17-2008; operative 11-17-2008. Submitted
						to OAL for printing only (Register 2008, No. 47).
2. Renumbering of
						former section
						10846 to section
						10972 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
						  5310,
						  5311,
						  5902,
						  5903 and
						  5904, 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 15 - Findings, Awards and Orders › Section 10848 - Supplemental Petitions. [Renumbered]

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 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
						10848 to section
						10964 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
						  5310,
						  5311 and
						  5900, 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 15 - Findings, Awards and Orders › Section 10850 - Order Dismissing Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Orders of dismissal of Applications for
					 Adjudication of Claim shall issue forthwith upon request by the employee unless
					 there is good cause to not issue an order.
(b) All other orders of dismissal of
					 Applications for Adjudication of Claim shall issue only after service of a
					 notice of intention allowing at least 10 days for any adverse party to show
					 good cause to the contrary, and not by an order with a clause rendering the
					 order null and void if an objection showing good cause is filed.
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 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
						10850 and renumbering of former
						section 10780 to section
						10850, 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
						  5307, 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 15 - Findings, Awards and Orders › Section 10852 - Insufficiency 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: Sections
						  5902 and
						  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 15 - Findings, Awards and Orders › Section 10856 - Allegations of Newly Discovered Evidence and Fraud. [Renumbered]

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. Renumbering of former section
						10856 to section
						10974 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
						  5902 and
						  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 15 - Findings, Awards and Orders › Section 10858 - Correction of Errors. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						10858 to section
						10966 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
						  5309, Labor
						  Code.