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 15 - Findings, Awards and Orders › Section 10859 - Orders After Filing of Petition for Reconsideration. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 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
						10859 to section
						10961 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: Section
						  5307, Labor
						  Code. Reference: Sections
						  5906,
						  5907 and
						  5908.5, 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 10860 - Report of Workers' Compensation Judge. [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 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. Renumbering of former section
						10860 to section
						10962 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
						  5900 and
						  5906, 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 16 - Liens › Section 10862 - Filing and Service of Lien Claims and Supporting Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lien claim
					 may be filed only if permitted by Labor Code section
					 4900 et seq. An
					 otherwise permissible lien claim shall not be filed if doing so would violate
					 the premature filing restrictions of Labor Code section
					 4903.6(a).
(b) A section
					 4903(b) lien shall
					 only be filed electronically in accordance with section
					 4903.05 and not
					 by any other method.
(c) All other
					 lien claims may be filed utilizing an optical character recognition (OCR) lien
					 claim form approved by the Appeals Board.
(d) The claims of two or more providers of
					 goods or services shall not be merged into a single lien. An individual
					 provider may claim more than one type of lien on a single lien form by marking
					 the "Other Lien(s)" checkbox on the form and by specifying the nature and
					 statutory basis for each lien in that checkbox's associated text box.
(e) The following documents shall be
					 concurrently filed with each lien claim:
(1)
					 A proof of service;
(2) The
					 verification under penalty of perjury outlined in rule 10863, if required;
					 and
(3) Any other declaration or
					 form required by law to be concurrently filed with a lien claim, including but
					 not limited to documents required by Labor Code sections
					 4903.05,
					 4903.06 and
					 4903.8.
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 16 - Liens › Section 10863 - Verification of Compliance with Labor Code Section 4903.6 on Filing of Lien Claim or Application by Lien Claimant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any section
					 4903(b) lien, any
					 lien for medical-legal costs and any application related to any such lien shall
					 have attached to it a verification under penalty of perjury which shall contain
					 a statement specifying in detail the facts establishing that both of the
					 following have occurred:
(1) Sixty days have
					 elapsed since after the date of acceptance or rejection of liability for the
					 claim, or the time provided for investigation of liability pursuant to Labor
					 Code section
					 5402(b)
					 has elapsed, whichever is earlier; and
(2) Either of the following:
(A) The time provided for payment of medical
					 treatment bills pursuant to Labor Code section
					 4603.2 has
					 expired and, if the employer objected to the amount of the bill, the reasonable
					 fee has been determined pursuant to Labor Code section
					 4603.6, and, if
					 authorization for the medical treatment has been disputed pursuant to Labor
					 Code section
					 4610, the
					 medical necessity of the medical treatment has been determined pursuant to
					 Labor Code sections
					 4610.5 and
					 4610.6;
					 or
(B) The time provided for
					 payment of medical-legal expenses pursuant to Labor Code section
					 4622 has
					 expired and, if the employer objected to the amount of the bill, the reasonable
					 fee has been determined pursuant to Labor Code section
					 4603.6.
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 16 - Liens › Section 10864 - Authority of Workers' Compensation Judge After Decision After Reconsideration. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 5-25-82; designated effective 7-1-82 (Register 82, No.
						22).
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. Renumbering of former section
						10864 to section
						10986 and new section
						10862 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
						  5900,
						  5910 and
						  5911, 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 16 - Liens › Section 10865 - Reconsideration of Arbitration Decisions Made Pursuant to Labor Code Sections 3201.5 and 3201.7. [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 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 heading, section
						and NOTE filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47).
4. Renumbering of former section
						10865 to section
						10990 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
						  3201.5 and
						  3201.7, 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 16 - Liens › Section 10866 - Reconsideration of Arbitrator's Decisions or Awards Made Pursuant to the Mandatory or Voluntary Arbitration Provisions of Labor Code Sections 5270 Through 5275. [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 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. 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. Renumbering of former section
						10866 to section
						10995 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
						  5273,
						  5275,
						  5277(c)
						  and
						  5900-
						  5911, 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 16 - Liens › Section 10867 - Report of Arbitrator. [Repealed]

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 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 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: Sections
						  5275,
						  5277(c)
						  and
						  5900-
						  5911, 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 16 - Liens › Section 10868 - Notices of Representation for Lien Claimants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever any lien claimant obtains
					 representation after a lien has been filed, or changes such representation, the
					 lien claimant shall, within 5 days, file and serve a notice of representation
					 in accordance with rules 10390, 10400, 10401 and 10402. If a copy of the notice
					 of representation is not in the record at the time of the hearing, the lien
					 claimant's representative shall lodge a copy at the hearing and shall
					 personally serve a copy on all parties appearing. Unless a representative signs
					 an initial lien document on behalf of a lien claimant, a notice of
					 representation is required.
(b) In
					 addition to the requirements of rules 10390, 10400 and 10401, the notice shall:
(1) Include the caption, the case title
					 (i.e., the name of the injured employee and the name of the defendant or
					 primary defendant(s)) and the adjudication case number(s) to which the notice
					 relates; and
(2) Set forth the full
					 legal name, mailing address and telephone number of the lien
					 claimant.
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 16 - Liens › Section 10869 - Report of Settlement Conference Referee. [Repealed]

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. Repealer filed 12-19-2002; operative
						1-1-2003. Submitted to OAL for printing only pursuant to Government Code
						section
						11351
						(Register 2002, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  111,
						  5502 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 16 - Liens › Section 10870 - Approval of Compromise and Release. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of article 18 heading and 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 18 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
						  4646,
						  5001,
						  5002 and
						  5100.6, 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 16 - Liens › Section 10872 - Notification of Resolution or Withdrawal of Lien Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within seven days after a lien has been
					 resolved or withdrawn, the lien claimant shall file and serve a notification of
					 resolution or a withdrawal of the lien claim. For purposes of this rule, a lien
					 is not resolved unless payment in accordance with an order or an informal
					 agreement has been made and received.
(b) The lien claimant shall appear at any
					 hearing that was noticed prior to the resolution or withdrawal of the lien
					 unless excused by the Workers' Compensation Appeals Board. The lien claimant
					 shall be excused from appearing at any subsequently noticed hearing.
(c) Any violation of this rule may give rise
					 to monetary sanctions, attorney's fees and costs under Labor Code section
					 5813 and rule
					 10421.
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
						  4903,
						  4903.05,
						  4903.06,
						  4903.8,
						  4903.1,
						  4903.4,
						  4903.5,
						  4903.6,
						  4904,
						  4603.2,
						  4603.3,
						  4603.6,
						  4610.5,
						  4610.6,
						  4616.3,
						  4616.4,
						  4622 and
						  5813, 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 16 - Liens › Section 10873 - Lien Claimant Declarations of Readiness to Proceed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lien conference shall be set when any
					 party files a Declaration of Readiness to Proceed in accordance with rule 10742
					 on any issue(s) relating to lien claim other than in the case in chief, or by
					 the Workers' Compensation Appeals Board on its own motion at any time.
(1) Based upon resources available and such
					 other considerations as the Workers' Compensation Appeals Board in its
					 discretion may deem appropriate, a lien conference may be set at any district
					 office without the necessity of an order changing venue.
(2) Unless otherwise expressly stated in the
					 notice of hearing, all unresolved lien claims and lien issues shall be heard at
					 the lien conference, whether or not listed in any Declaration of Readiness to
					 Proceed. An agreement to "pay, adjust or litigate" a lien claim, or its
					 equivalent, or an award leaving a lien claim to be adjusted, is not a
					 resolution of the lien claim or lien issue.
(3) Once a Declaration of Readiness to
					 Proceed for a lien conference has been filed, it cannot be withdrawn. If the
					 lien of a lien claimant that has filed a Declaration of Readiness to Proceed
					 has been resolved, that lien claimant shall request that its lien be withdrawn
					 in accordance with rule 10872.
(4)
					 To the extent feasible, the date of the lien conference shall be no sooner than
					 60 days after the date the notice of hearing for it is
					 served.
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 16 - Liens › Section 10874 - Verification to Filing of Declaration of Readiness to Proceed by or on Behalf of Lien Claimant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No Declaration of Readiness to Proceed shall be filed for
						a section 4903(b) lien, or
						for a lien claim for medical-legal costs, without an attached verification
						executed under penalty of perjury:
(a)
					 Stating either that:
(1) The Declaration of
					 Readiness to Proceed is not being filed because of a dispute solely subject to
					 the independent medical review and/or independent bill review process;
					 or
(2) A timely petition appealing
					 the Administrative Director's determination regarding independent medical
					 review and/or independent bill review has been filed; 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 16 - Liens › Section 10875 - Lien Conferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All defendants and lien claimants shall
					 appear at all lien conferences, either in person or by attorney or non-attorney
					 representative. Each defendant, lien claimant, attorney and non-attorney
					 representative appearing at any lien conference:
(1) Shall have sufficient knowledge of the
					 lien dispute(s) to inform the workers' compensation judge as to all relevant
					 factual and/or legal issues in dispute;
(2) Shall have authority to enter into
					 binding factual stipulations; and
(3) Shall either have full settlement
					 authority or have full settlement authority immediately available by
					 telephone.
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 16 - Liens › Section 10876 - Fees Required at Lien Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No lien claimant that is required to pay
					 a lien filing or lien activation fee shall file a Declaration of Readiness to
					 Proceed or participate in any lien conference, including obtaining an order
					 allowing its lien in whole or in part, without submitting written proof of
					 prior timely payment of the fee.
(b) At the lien conference, there shall be a
					 rebuttable presumption that a lien claimant is required to pay a lien filing
					 fee or activation fee.
(1) If a lien claimant
					 asserts it is an entity listed in Labor Code sections
					 4903.05(c)(7)
					 or
					 4903.06(b),
					 it shall be prepared to file proof or submit a stipulation to that effect at
					 the lien conference upon request by the workers' compensation judge. The
					 workers' compensation judge, however, may formally or informally take judicial
					 notice that the lien claimant is such an entity. This may include, but is not
					 necessarily limited to, taking judicial notice of prior decisions of the
					 Workers' Compensation Appeals Board and taking judicial notice based on the
					 "common knowledge" or the "not reasonably subject to dispute" provisions of
					 Evidence Code section
					 452(g) and
					 (h).
(2) If a lien claimant asserts under Labor
					 Code section
					 4903.06(a)
					 that it already paid a filing fee as required by former Labor Code section
					 4903.05 as
					 added by Chapter 639 of the Statutes of 2003, it shall submit written proof of
					 such payment at the lien conference.
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 16 - Liens › Section 10878 - Submission at Lien Conferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The workers' compensation judge may order
					 that any unresolved lien claim(s) or lien issue(s) be submitted for decision
					 solely on the exhibits listed in the Pre-Trial Conference Statement if no
					 witnesses are listed in the Pre-Trial Conference Statement.
(b) If the disputed lien claim(s) or lien
					 issue(s) are submitted for decision at the lien conference, the workers'
					 compensation judge shall prepare minutes of hearing and a summary of evidence
					 as set forth in rule 10787.
1.
						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).
2. Repealer and 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
						  4903,
						  4903.05,
						  4903.06,
						  4903.1,
						  4903.4,
						  4903.5,
						  4903.6,
						  4904,
						  5502 and
						  5502.5, Labor
						  Code; and Sections
						  351,
						  352,
						  451 and
						  452,
						  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 16 - Liens › Section 10880 - Lien Trials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All defendants and lien claimants shall appear at all lien trials, either in
					 person or by attorney or non-attorney representative. Each defendant, lien
					 claimant, attorney and non-attorney representative appearing at any lien trial:
(1) Shall have sufficient knowledge of the
					 lien dispute(s) to inform the workers' compensation judge as to all relevant
					 factual and/or legal issues in dispute;
(2) Shall have authority to enter into
					 binding factual stipulations; and
(3) Shall either have full settlement
					 authority or have full settlement authority immediately available by
					 telephone.
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 16 - Liens › Section 10882 - Action on Settlement Agreement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						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).
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
						  5001,
						  5002 and
						  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 16 - Liens › Section 10886 - Service on Lien Claimants. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 12-19-2002; 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
						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).
4. Renumbering of former section
						10886 to section
						10702 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,
						  4903.05,
						  4903.1,
						  4903.4,
						  4904,
						  4904.1,
						  4905 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 16 - Liens › Section 10888 - Dismissal of Lien Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Appeals Board or a workers'
					 compensation judge may order a lien dismissed for lack of prosecution,
					 non-appearance by the lien claimant or failure to comply with the provisions of
					 the Labor Code or these rules.
(b)
					 A lien claim may be dismissed for lack of prosecution on a petition filed by a
					 party or on the Appeals Board's or the workers' compensation judge's own motion
					 if the lien claimant fails to file a Declaration of Readiness to Proceed
					 within:
(1) 180 days after the underlying
					 case of the injured employee or the dependent(s) of a deceased employee has
					 been resolved or the injured employee or the dependent(s) of a deceased
					 employee choose(s) not to proceed with the case; or
(2) 180 days after a lien conference or lien
					 trial is ordered off calendar if the lien claim was at
					 issue.
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 16 - Liens › Section 10890 - Walk-Through Documents. [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 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: Sections
						  4053,
						  4054,
						  5001,
						  5002,
						  5702 and
						  5710, 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 16 - Liens › Section 10899 - Unemployment Compensation Disability Liens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an unemployment compensation disability lien is
						filed by the Employment Development Department, there shall be a rebuttable
						presumption that the amounts stated therein have been paid to the injured
						worker by the Employment Development Department.
In any case involving a lien claim for unemployment
						compensation disability benefits or unemployment compensation benefits and
						extended duration benefits where it appears that further benefits may have been
						paid subsequent to the filing of the claim of lien, the workers' compensation
						judge shall notify the lien claimant when the case is ready for decision or for
						Order Approving Compromise and Release, and the lien claimant shall have five 5
						days thereafter in which to file and serve an amended lien reflecting all
						payments made to and including the date of filing of the amended lien.
In cases where a Compromise and Release is filed and
						continuing unemployment compensation disability benefits or unemployment
						compensation benefits and extended duration benefits are being paid, the
						workers' compensation judge will ascertain the full amount of the lien claim as
						of the time of the approval of the Compromise and Release so that the
						allocation made under the authority of Labor Code section
						4904 may be
						changed to reflect unemployment compensation disability or unemployment
						compensation and extended duration payments to the date of
						decision.
1.
						Renumbering and amendment of former section
						10772 to section
						10899 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
						  4904, 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 17 - Arbitration › Section 10900 - Mandatory Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the applicant is not represented by an attorney,
						any party may file an arbitration submittal form after a defendant denies
						liability for benefits because it disputes insurance coverage.
Any party may file an arbitration submittal form after a
						petition for contribution pursuant to Labor Code section
						5500.5 has been
						filed.
Any party may file a petition objecting to arbitration
						submittal if the party asserts the issues in dispute are not subject to
						mandatory arbitration pursuant to Labor Code section
						5275(a).
						Upon receipt of an arbitration submittal form or an objection to an arbitration
						submittal form, the presiding workers' compensation judge may set the matter
						for a status conference to determine if the issues in dispute are subject to
						mandatory arbitration.
1. New
						article 17 heading and 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
						  5270,
						  5272,
						  5275,
						  5276,
						  5277 and
						  5500.5, 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 17 - Arbitration › Section 10905 - Voluntary Arbitration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parties agreeing to submit an issue or issues to
						voluntary arbitration shall jointly submit an arbitration submittal form
						outlining the issues they propose to submit to arbitration.
Unless there is an existing ADJ number, an Application
						for Adjudication of Claim shall be concurrently filed with an arbitration
						submittal form.
Upon receipt of an arbitration submittal form, the
						presiding workers' compensation judge may set the matter for a status
						conference to clarify the issues submitted to the arbitrator or to ensure
						compliance with Labor Code section
						5270.
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
						  5270,
						  5271,
						  5272,
						  5273,
						  5275,
						  5276 and
						  5277, 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 17 - Arbitration › Section 10910 - Selection of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the parties agree on an arbitrator,
					 the parties shall file a proposed order appointing arbitrator concurrently with
					 the arbitration submittal form. The presiding workers' compensation judge
					 shall, within 10 days of receipt of the arbitration submittal form and proposed
					 order, issue an Order Appointing Arbitrator or set the matter for a status
					 conference.
(b) If the arbitration
					 submittal form requests a panel pursuant to Labor Code section
					 5271, the
					 presiding workers' compensation judge shall, within 10 days of receipt of the
					 arbitration submittal form, serve on each of the parties an identical list of
					 arbitrators selected at random pursuant to Labor Code 5271(b).
(1) Within 10 days of service of the list of
					 arbitrators, any party may file a petition to disqualify an arbitrator for
					 reasons set forth in section
					 170.1
					 of the Code of Civil Procedure. A timely petition for disqualification suspends
					 the arbitrator selection process until the presiding workers' compensation
					 judge acts on the petition. Together with any order issued regarding the
					 petition for disqualification, the presiding workers' compensation judge shall
					 set forth time limits for striking names.
(2) Within 15 days of service of the list of
					 arbitrators, each party may strike two names from the list and serve notice of
					 the names struck on all parties to the arbitration. Failure to serve notice
					 waives a party's right to participate in the arbitrator selection
					 process.
(3) The presiding workers'
					 compensation judge shall, within 30 days of receipt of the arbitration
					 submittal form, issue an Order Appointing Arbitrator or set the matter for a
					 status conference.
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 17 - Arbitration › Section 10912 - Disqualification of Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After service of a list of panel members pursuant to rule
						10910, any party may, within 10 days, petition the presiding workers'
						compensation judge to remove any member from the panel pursuant to section
						170.1
						of the Code of Civil Procedure. If the presiding workers' compensation judge
						finds cause under section
						170.1
						of the Code of Civil Procedure, the presiding workers' compensation judge shall
						remove the member or members of the panel challenged and add to the original
						list the appropriate number of arbitrators at random to make a full panel and,
						within 10 days, serve the list on the parties.
If the presiding workers' compensation judge selects an
						arbitrator pursuant to rule 10910, the parties will have 10 days after service
						of the name of the arbitrator to petition to disqualify that arbitrator
						pursuant to section
						170.1
						of the Code of Civil Procedure. If the presiding workers' compensation judge
						finds cause, the presiding workers' compensation judge shall assign another
						arbitrator pursuant to Labor Code section
						5271(d)
						and order the issue or issues in dispute submitted to that
						arbitrator.
1.
						Renumbering of former section
						10998 to section
						10912, 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 cited: Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5271,
						  5272,
						  5273,
						  5275,
						  5276 and
						  5277, Labor
						  Code; and Section
						  170.1,
						  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 17 - Arbitration › Section 10914 - Record of Arbitration Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The arbitrator shall make and maintain
					 the record of the arbitration proceeding and shall file the record with the
					 Appeals Board when required by this rule or rule 10940.
(b) The parties shall provide the arbitrator
					 with a copy of the Arbitration Submittal Form and the Order Appointing
					 Arbitrator.
(c) The record of
					 arbitration proceedings shall include the following:
(1) Order Appointing Arbitrator;
(2) Notices of appearance of the parties
					 involved in the arbitration;
(3)
					 Minutes of the arbitration proceedings, identifying those present, the date of
					 the proceeding, the disposition and those served with the minutes or the
					 identification of the party designated to serve the minutes;
(4) Pleadings, petitions, objections, briefs
					 and responses filed by the parties with the arbitrator;
(5) Exhibits filed by the parties;
(6) Stipulations and issues entered into by
					 the parties;
(7) Arbitrator's
					 Summary of Evidence containing evidentiary rulings, a description of exhibits
					 admitted into evidence, the identification of witnesses who testified and
					 summary of witness testimony;
(8)
					 Verbatim transcripts of witness testimony if witness testimony was taken under
					 oath.
(9) Findings, orders, awards,
					 decisions and opinions on decision made by the arbitrator; and
(10) Arbitrator's report on petition for
					 reconsideration, removal or disqualification.
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 17 - Arbitration › Section 10920 - Arbitrator Fee and Cost Disputes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any dispute involving an arbitrator's fee or cost shall
						be resolved by the presiding workers' compensation judge of the district office
						having venue.
Any request to resolve a dispute about arbitrator fees or
						costs must be accompanied by any written agreement pertaining to arbitrator
						fees or costs and a statement that shall include the nature of the dispute and
						an itemization of the hours spent in actual arbitration hearing, in preparation
						for arbitration, and in preparation of the decision. The statement shall also
						include an itemization of the verifiable costs including use of facility,
						reporters and transcript preparation.
An arbitrator's fee shall not exceed a reasonable amount.
						In establishing a reasonable fee, the presiding workers' compensation judge
						shall consider:
(a) Responsibility
					 assumed by the arbitrator;
(b)
					 Experience of the arbitrator;
(c)
					 Number and complexity of the issues being arbitrated;
(d) Time involved; and
(e) Expeditiousness and completeness of issue
					 resolution.
The presiding workers' compensation judge of each
						district office shall maintain statistics on all arbitration fees awarded
						pursuant to Labor Code section
						5273(c)
						including the amount and rationale for the award pursuant to (a) through (e)
						above.
Arbitration costs will be allowed in a reasonable amount
						pursuant to Labor Code section
						5273(a).
1.
						Renumbering of former section
						10999 to section
						10920, 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
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5271,
						  5273,
						  5275,
						  5276 and
						  5277, 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 18 - Reconsideration, Removal and Disqualification › Section 10942 - Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-28-83; designated effective 7-1-83 pursuant to Government
						Code Section
						11346.2(d)
						(Register 83, No. 27).
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 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
						  4750,
						  4751,
						  4753,
						  4753.5 and
						  4754.5, 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 18 - Reconsideration, Removal and Disqualification › Section 10944 - Notice of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2002, No. 51).
Note: Authority cited: Sections
						  133 and
						  5307, 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 18 - Reconsideration, Removal and Disqualification › Section 10946 - Medical Reports in Subsequent Injuries Benefits Trust Fund Cases. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-28-83; designated effective 7-1-83 pursuant to Government
						Code Section
						11346.2(d)
						(Register 83, No. 27).
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. 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.
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 18 - Reconsideration, Removal and Disqualification › Section 10945 - Required Content of Petitions for Reconsideration, Removal, Disqualification and Answers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Every petition for reconsideration, removal or disqualification shall fairly
					 state all of the material evidence relative to the point or points at issue.
					 Each contention shall be separately stated and clearly set forth. A failure to
					 fairly state all of the material evidence may be a basis for denying the
					 petition.
(b) Every petition and
					 answer shall support its evidentiary statements by specific references to the
					 record.
(1) References to any stipulations,
					 issues or testimony contained in any Minutes of Hearing, Summary of Evidence or
					 hearing transcript shall specify:
(A) The date
					 and time of the hearing; and
(B) If
					 available, the page(s) and line number(s) of the Minutes, Summary, or
					 transcript to which the evidentiary statement relates (e.g., "Summary of
					 Evidence, 5/1/08 trial, 1:30pm session, at 6:11-6:15").