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 1 - General › Section 10305 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this subchapter:
(a) "Administrative Director" means the
					 Administrative Director of the Division of Workers' Compensation or a
					 designee.
(b) "Appeals Board" means
					 the commissioners and deputy commissioners of the Workers' Compensation Appeals
					 Board acting en banc, in panels or individually.
(c) "Appearance" means a party or their
					 representative's presence, pursuant to Labor Code section
					 5700, at any
					 hearing.
(d) "Applicant" or
					 "injured employee" or "injured worker" or "dependent" means any person
					 asserting a right to relief under the provisions of Labor Code section
					 5300.
(e) "Claims administrator" means an entity
					 that reviews or adjusts workers' compensation claims on behalf of either (1) an
					 insurer or (2) an employer that has secured a certificate of consent to
					 self-insure from the Department of Industrial Relations, whether employed
					 directly or as a third party.
(f)
					 "Defendant" means any person against whom a right to relief is
					 claimed.
(g) "Director" means the
					 Director of Industrial Relations or a designee.
(h) "District office" means a location of a
					 trial court of the Workers' Compensation Appeals Board and includes a
					 permanently staffed satellite office.
(i) "Electronic" means by any available
					 technological means.
(j)
					 "Electronic Adjudication Management System" or "EAMS" means the computerized
					 case management system used by the Division of Workers' Compensation to
					 electronically store and maintain adjudication files and to perform other case
					 management functions.
(k) "En Banc
					 decision" means a decision of the Appeals Board as a whole, issued in order to
					 achieve uniformity of decision or in a case presenting novel issues, that is
					 binding on panels of the Appeals Board and workers' compensation judges as
					 legal precedent under the principle of stare decisis.
(l) "Entity" means a corporation, limited
					 liability company, limited partnership, general partnership, limited liability
					 partnership, sole proprietorship or any other organizational
					 structure.
(m) "Filing" a document
					 means receipt and acceptance by the Workers' Compensation Appeals Board of the
					 document for the purpose of having it included in the adjudication
					 file.
(n) "Hearing" means any
					 trial, mandatory settlement conference, status conference, lien conference,
					 lien trial or priority conference conducted by the Workers' Compensation
					 Appeals Board.
(o) "Lien claimant"
					 means any person or entity claiming payment under the provisions of Labor Code
					 section
					 4903 et seq.,
					 including a claim of costs filed as a lien.
(p) "Non-attorney representative" means a
					 person who is not licensed to practice law by the State of California who acts
					 on behalf of a party in proceedings before the Workers' Compensation Appeals
					 Board as allowed by Labor Code sections
					 5700 and
					 4907.
(q) "Party" means any person or entity joined
					 in a case, including but not limited to:
(1)
					 An applicant;
(2) A defendant;
					 or
(3) A lien
					 claimant.