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 3 - Parties, Joinder and Consolidation › Section 10398 - Assignment of Consolidated Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any request or petition to consolidate
					 cases that are assigned to different workers' compensation judges in the same
					 district office, or that have not been assigned but are venued at the same
					 district office, shall be referred to the presiding workers' compensation judge
					 of that office, whether the cases involve the same injured worker or multiple
					 injured workers.
(b) Any request or
					 petition to consolidate cases involving the same injured worker that are
					 assigned to workers' compensation judges at different district offices, or that
					 have not been assigned but are venued at different district offices, shall
					 first be referred to the presiding workers' compensation judges of the district
					 offices to which the cases are assigned. If the presiding workers' compensation
					 judges are unable to agree on where the cases will be assigned for hearing, the
					 conflict shall be resolved by the chief workers' compensation judge of the
					 Division of Workers' Compensation or by their designee upon referral by one of
					 the presiding workers' compensation judges.
(c) Any request or petition to consolidate
					 cases involving multiple injured workers that are assigned to workers'
					 compensation judges at different district offices, or that have not been
					 assigned but are venued at different district offices, shall be referred to the
					 chief workers' compensation judge or their designee.
(d) In resolving any request or petition to
					 consolidate cases under subdivision (b) or (c), the chief workers' compensation
					 judge or their designee shall set the request or petition for a conference
					 regarding the place of hearing. At or after the conference, the chief workers'
					 compensation judge or their designee shall determine the place of hearing and
					 may determine the workers' compensation judge to whom the cases will be
					 assigned, giving consideration to the factors set forth in rule 10396. In
					 reaching any determination, the chief workers' compensation judge or their
					 designee may assign a workers' compensation judge to hear any discovery motions
					 and disputes in the action and to report their findings and recommendations to
					 the chief workers' compensation judge or their designee.
(e) Any party aggrieved by the determination
					 of the chief workers' compensation judge or their designee may request
					 proceedings pursuant to Labor Code section
					 5310, except
					 that an assignment to a particular workers' compensation judge shall be
					 challenged only in accordance with the provisions of rules 10788 and
					 10960.
1.
						Renumbering of former section
						10592 to section
						10398, 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
						  5300,
						  5301,
						  5303,
						  5310 and
						  5708, Labor
						  Code.