California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8.5 - Electronic Adjudication Management System Rules › Article 8 - Access to Records and Retention of Records › Section 10208.5 - Access to and Viewing Adjudication Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party, a lien claimant, or an attorney
					 or other representative for a party or lien claimant may access and view
					 specific adjudication files in which the party, lien claimant, attorney, or
					 representative is a case participant except as provided for in section
					 10208.6.
(b) Except as otherwise prohibited by law or
					 sections 10208.6 and
					 10272, any person may inspect the
					 contents of any electronic adjudication file at any district office, whether or
					 not the district office has venue over the case.
(c) Except as otherwise prohibited by law or
					 sections 10208.6 and
					 10272, any person may inspect the
					 contents of any paper adjudication file at the district office or office of the
					 appeals board where the file is located during regular office hours.
(d) The paper adjudication file and the
					 records and documents contained therein may not be removed from the district
					 office or the office of the appeals board for copying or for any other
					 purpose.
(e) Copying operators must
					 operate their equipment in the room assigned to them and any person copying a
					 paper adjudication file must put papers back in the file in their original
					 order and any person viewing or copying a file must return the file in the same
					 order and condition in which it was received.
(f) A paper adjudication file shall not be
					 sent from one office to another for inspection except for good cause by order
					 of a workers' compensation administrative law judge or the appeals board and
					 upon the payment of a fee required by California Code of Regulations, title 8,
					 section 9990. At the request of a party to
					 the case, or his or her attorney, a paper adjudication file that has been
					 transferred to a record storage center for storage will be made available for
					 inspection through the office from which the file was transferred. Paper
					 adjudication files that have been transferred to a record storage center will
					 be made available for inspection by any other person upon payment of the fee
					 required by California Code of Regulations, title 8, section
					 9990.
1. New
						article 6 (sections
						10208.5-10208.7) and renumbering of
						former section
						10270 to new section
						10208.5, including amendment of
						subsections (a)-(c) and NOTE, filed 12-10-2012 as a change without regulatory
						effect pursuant to section
						100, title 1, California Code of
						Regulations by the Division of Workers' Compensation and as a file and print by
						the Workers' Compensation Appeals Board pursuant to Government Code section
						11351
						(Register 2012, No. 50).
2. Renumbering of article 6 to article 8
						filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government
						Code section
						11346.1(d)
						(Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL
						by 7-1-2013 or emergency language will be repealed by operation of law on the
						following day.
3. Renumbering of article 6 to article 8 refiled
						6-26-2013 as an emergency; operative 7-1-2013 pursuant to Government Code
						section
						11346.1(d)
						(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
						by 9-30-2013 or emergency language will be repealed by operation of law on the
						following day.
4. Renumbering of article 6 to article 8 refiled
						9-30-2013 as an emergency; operative 10-1-2013 pursuant to Government Code
						section
						11346.1(d)
						(Register 2013, No. 40). A Certificate of Compliance must be transmitted to OAL
						by 12-30-2013 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 9-30-2013 order
						transmitted to OAL 11-8-2013 and filed 12-16-2013 (Register 2013, No.
						51).
Note: Authority cited: Sections
						  111,
						  133,
						  138.7 and
						  5307.3, Labor
						  Code; and Stats. 2011, c. 559, §
													17 (A.B. 1426). Reference: Sections
						  126,
						  127 and
						  5502, Labor
						  Code.