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 2 - Powers, Duties and Responsibilities › Section 10324 - Ex Parte Communications. [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. 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
						10324 to section
						10410 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
						  5701,
						  5703.5,
						  5706,
						  5708 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 2 - Powers, Duties and Responsibilities › Section 10325 - En Banc and Significant Panel Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) En banc decisions of the Appeals Board
					 are assigned by the chairperson on a majority vote of the commissioners and are
					 binding on panels of the Appeals Board and workers' compensation judges as
					 legal precedent under the principle of
stare
					 decisis.
(b) Significant
					 panel decisions of the Appeals Board involve an issue of general interest to
					 the workers' compensation community but are not binding precedent.
1.
						Renumbering of former section
						10341 to section
						10325, 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: Section
						  115, 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 2 - Powers, Duties and Responsibilities › Section 10330 - Authority of Workers' Compensation Judges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any case that has been regularly assigned to a
						workers' compensation judge, the workers' compensation judge shall have full
						power, jurisdiction and authority to hear and determine all issues of fact and
						law presented and to issue any interim, interlocutory and final orders,
						findings, decisions and awards as may be necessary to the full adjudication of
						the case, including the fixing of the amount of the bond required in Labor Code
						section
						3715. Orders,
						findings, decisions and awards issued by a workers' compensation judge shall be
						the orders, findings, decisions and awards of the Workers' Compensation Appeals
						Board unless reconsideration is granted.
1.
						Renumbering of former section
						10348 to section
						10330, 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
						  3715,
						  5309 and
						  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 2 - Powers, Duties and Responsibilities › Section 10338 - Authority of Commissioners of the Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following orders may be issued only by a
						commissioner:
(a) Approving
					 undertakings on stays of proceedings on reconsideration and petitions for writ
					 of review; and
(b) Directing
					 exhumation or autopsy.
1.
						Renumbering of former section
						10342 to section
						10338, 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: Sections
						  115,
						  5706,
						  5707 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 2 - Powers, Duties and Responsibilities › Section 10340 - Appeals Board Decisions and Orders. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsections (b) and (d) 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 2 heading and
						renumbering of former section
						10340 to section
						10320 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
						  115 and
						  5311, 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 2 - Powers, Duties and Responsibilities › Section 10341 - En Banc Decisions. [Renumbered]

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. Renumbering of former section
						10341 to section
						10325 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
						  115, 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 2 - Powers, Duties and Responsibilities › Section 10342 - Appeals Board, Member Orders. [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. Renumbering of former section
						10342 to section
						10338 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
						  115,
						  5706,
						  5707 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 2 - Powers, Duties and Responsibilities › Section 10344 - Authority of Commissioners, Deputy Commissioners and Presiding Workers' Compensation Judges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following orders may be issued only by the Appeals
						Board, a commissioner, a deputy commissioner or a presiding workers'
						compensation judge:
(a) Orders issuing
					 certified copies of orders, decisions or awards except that a certified copy
					 may be issued by a presiding workers' compensation judge only if the time for
					 seeking reconsideration and judicial review has expired, and no proceedings are
					 pending on reconsideration or judicial review;
(b) Orders staying, quashing and recalling
					 writs of execution and fixing and approving undertaking thereon;
(c) Orders directing entry of satisfaction of
					 judgment; and
(d) Orders issuing,
					 recalling, quashing, discharging and staying writs of attachment and fixing and
					 approving undertakings thereon.
1.
						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: Sections
						  115,
						  5706,
						  5707 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 2 - Powers, Duties and Responsibilities › Section 10346 - Authority of Presiding Workers' Compensation Judge to Assign or Transfer Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The presiding workers' compensation judge has full responsibility for the
					 assignment of cases to the workers' compensation judges of each office and may
					 utilize EAMS to assign cases.
(b)
					 In the event of the death, extended absence, unavailability, retirement or
					 disqualification of the workers' compensation judge, the presiding workers'
					 compensation judge may reassign a case to another workers' compensation judge.
					 Where testimony has been received, the new workers' compensation judge shall
					 recommence the proceeding unless the parties agree to waive the requirements of
					 Labor Code section
					 5700.
(c) To the extent practicable and fair,
					 supplemental proceedings shall be assigned to the workers' compensation judge
					 who heard the original proceedings.
(d) Any conflict that may arise between
					 presiding workers' compensation judges of different district offices respecting
					 assignment of a case, venue or priority of hearing where there is conflict in
					 calendar settings will be resolved by a deputy commissioner of the Appeals
					 Board.
(e) If a Compromise and
					 Release or Stipulations with Request for Award have not been approved,
					 disapproved or noticed for trial on the issue of adequacy and other disputed
					 issues within 45 days after filing, the file shall be transferred to the
					 presiding workers' compensation judge for review.
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. 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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  5309,
						  5310 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 2 - Powers, Duties and Responsibilities › Section 10347 - Assignment of Judges. [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). For prior history, see Register 96, No.
						43.
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
						  5309 and
						  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 2 - Powers, Duties and Responsibilities › Section 10348 - Authority of Workers' Compensation Judges. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment exempt from OAL review puruant to Government Code section
						11351
						filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
2. 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).
3. Renumbering of former section
						10348 to section
						10330 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
						  121,
						  134,
						  5309 and
						  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 2 - Powers, Duties and Responsibilities › Section 10349 - Orders Equivalent to Notices of Intention. [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). For prior history, see Register 96, No.
						43.
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: Section !, 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 2 - Powers, Duties and Responsibilities › Section 10350 - Trials: Appointment and Authority of PRO Tempore Workers' Compensation Judges. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-25-82; designated effective 7-1-82 (Register 82, No.
						22).
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. 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
						  123.7,
						  5309 and
						  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 2 - Powers, Duties and Responsibilities › Section 10351 - Conference Hearings: Appointment and Authority of PRO Tempore Workers' Compensation Judges. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-25-82; designated effective 7-1-82 (Register 82, No.
						22).
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 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
						  123.7,
						  5309 and
						  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 2 - Powers, Duties and Responsibilities › Section 10352 - Reconsideration of PRO Tempore Workers' Compensation Judge's Orders, Decisions or Awards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-25-82; designated effective 7-1-82 (Register 82, No.
						22).
2. Editorial correction of NOTE filed 2-2-83 (Register 83, No.
						6).
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
						  121,
						  123.7,
						  5309,
						  5310 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 2 - Powers, Duties and Responsibilities › Section 10353 - Settlement Conference Authority. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section exempt from OAL review pursuant to Government Code section
						11351,
						filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
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 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).
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 and
						  5502, Labor
						  Code. Reference: Sections
						  5502 and
						  5502.5, 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 2 - Powers, Duties and Responsibilities › Section 10355 - Appointment and Authority of PRO Tempore Workers' Compensation Judges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A presiding workers' compensation judge may appoint a pro
						tempore workers' compensation judge to any conference hearing calendar
						including mandatory settlement conferences or status conferences.
(a) A pro tempore workers' compensation judge
					 shall have the same power as a workers' compensation judge and shall be bound
					 by the Rules of Practice and Procedure of the Workers' Compensation Appeals
					 Board.
(b) Any order, decision or
					 award filed by a pro tempore workers' compensation judge shall be subject to
					 reconsideration or removal in the same manner as any order, decision, or award
					 filed by a workers' compensation judge.
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: Sections
						  121,
						  123.7,
						  5309,
						  5310 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 2 - Powers, Duties and Responsibilities › Section 10360 - Testimony of Judicial or Quasi-Judicial Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No judicial or quasi-judicial officer of
					 the Workers' Compensation Appeals Board or of the Division of Workers'
					 Compensation may be subpoenaed or ordered to testify regarding either:
(1) The reasons for or basis of any decision
					 or ruling they have made; or
(2)
					 Their opinion regarding any statements, conduct or events occurring in
					 proceedings before them, except:
(A) The
					 judicial or quasi-judicial officer may be ordered to testify where their
					 testimony is necessary on an issue of disqualification under Labor Code section
					 5311 and Code
					 of Civil Procedure section
					 641.
(B) The judicial or quasi-judicial officer
					 may be ordered to testify where their testimony is necessary on an issue of an
					 alleged ex parte communication.
(C)
					 The judicial or quasi-judicial officer may be subpoenaed or ordered to testify
					 as a percipient witness to statements, conduct or events that occurred in the
					 proceedings before them, to the same extent as any other percipient
					 witness.
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 2 - Powers, Duties and Responsibilities › Section 10364 - Parties Applicant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						subsection (a) designator and new subsections (b) and (c) filed 10-21-96;
						operative 11-1-96. Submitted to OAL for printing only pursuant to Government
						Code section
						11351
						(Register 96, No. 43).
2. Amendment of subsection (a) 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
						  5300,
						  5303,
						  5307.5,
						  5500 and
						  5503, 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 2 - Powers, Duties and Responsibilities › Section 10368 - Parties Defendant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 10-21-96; operative 11-1-96. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 96, No. 43).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  5300,
						  5303,
						  5307.5,
						  5500 and
						  5503, 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 2 - Powers, Duties and Responsibilities › Section 10370 - Extensions of Time During Public Emergencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding rule 10390 or any other
					 rule in this title, in the event of a public emergency, including but not
					 limited to an earthquake, fire or the destruction of or danger to a district
					 office, the chief workers' compensation judge, the designee of the chief
					 workers' compensation judge or the Appeals Board may:
(1) Extend by no more than 14 additional days
					 the time to perform any act required or permitted under these rules, except for
					 those acts subject to a statute of limitations or a jurisdictional time
					 limitation, including but not limited to the filing of Petitions for
					 Reconsideration or Removal, Petitions to Reopen, Applications for Adjudication
					 of Claim or lien claim forms; or
(2) Authorize the presiding workers'
					 compensation judge of a specific district office to extend by no more than 30
					 additional days the time to perform any act required or permitted under these
					 rules, except for those acts subject to a statute of limitations or a
					 jurisdictional time limitation, including but not limited to the filing of
					 Petitions for Reconsideration or Removal, Petitions to Reopen, Applications for
					 Adjudication of Claim or lien claim forms; or
(3) Authorize any district office to accept
					 for filing, including by fax, those documents required by statute or regulation
					 to be filed in a district office that is closed due to a public
					 emergency.
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 2 - Powers, Duties and Responsibilities › Section 10372 - Parties in Death Cases. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 10-21-96; operative 11-1-96. Submitted to OAL for printing only
						pursuant to Government Code section
						11351
						(Register 96, No. 43).
Note: Authority cited: Sections
						  133 and
						  5307, Labor
						  Code. Reference: Sections
						  5300,
						  5303,
						  5307.5,
						  5500 and
						  5503, 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 3 - Parties, Joinder and Consolidation › Section 10380 - Necessary Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any applicant other than the injured employee shall join
						the injured employee as a party. In such instances the Application for
						Adjudication of Claim shall include the injured employee's address or, if not
						known, a statement of that fact.
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. New article 3 heading, repealer of
						former section
						10380 and renumbering and amendment
						of former section
						10360 to section
						10380 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
						  126,
						  5307.5 and
						  5503, 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 3 - Parties, Joinder and Consolidation › Section 10382 - Joinder of Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Appeals Board or a workers' compensation judge may
						order the joinder of additional parties not named in the Application for
						Adjudication of Claim, whose presence is necessary for the full adjudication of
						the case. A party shall not be joined until 10 days after service of either a
						petition for joinder by a party or a notice of intention to order joinder
						issued by a workers' compensation judge, unless the party to be joined waives
						its right to this notice period. The Workers' Compensation Appeals Board may
						designate the party or parties who are to make service.
(a) Any person in whom any right to relief is
					 alleged to exist may appear, or be joined, as an applicant in any case or
					 controversy before the Workers' Compensation Appeals Board.
(b) Any person against whom any right to
					 relief is alleged to exist may be joined as a defendant.
(c) In death cases, all persons who may be
					 dependents shall either join or be joined as applicants so that the entire
					 liability of the employer or the insurer may be determined in one
					 proceeding.
(d) If an objection is
					 received within 10 days of service of a petition for joinder or a notice of
					 intention to order joinder, the workers' compensation judge shall consider the
					 objection before joining the party and, if requested in the objection, shall
					 provide the objector the opportunity to be heard before ordering
					 joinder.
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: Sections
						  5300,
						  5303,
						  5307.5,
						  5316,
						  5500 and
						  5503, 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 3 - Parties, Joinder and Consolidation › Section 10390 - Proper Identification of Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party that appears at a hearing or files a pleading,
						document or lien shall:
(a) Set forth
					 the party's full legal name on the record of proceedings, pleading, document or
					 lien;
(b) File a notice of
					 representation if a party is represented and the attorney or non-attorney
					 representative has not previously filed a notice of representation or an
					 Application for Adjudication of Claim; and
(c) Identify the insurer and/or employer as
					 the party or parties and not identify a third party administrator as a party.
					 The third party administrator shall be included on the official address record
					 and case caption if identified as such.
1. New
						section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2014, No. 42). For prior history, see Register 2008, No.
						47.
2. Editorial correction of History 1 (Register 2017, No.
						8).
3. Repealer of article 4 heading, repealer of former section
						10390 and renumbering of former
						section 10550 to section
						10390, 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,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  3755-
						  3759,
						  4903.1(c),
						  5001,
						  5002,
						  5003,
						  5004,
						  5500,
						  5502,
						  5503,
						  5505,
						  5702 and
						  5709, 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 3 - Parties, Joinder and Consolidation › Section 10391 - Filing of Documentary Evidence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2014, No. 42). For prior history, see Register 2008, No.
						47.
2. Editorial correction of HISTORY 1 (Register 2017, No.
						8).
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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  126 and
						  5500.3, 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 3 - Parties, Joinder and Consolidation › Section 10392 - Time of Filing Documents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2014, No. 42). For prior history, see Register 2008, No.
						47.
2. Editorial correction of HISTORY 1 (Register 2017, No.
						8).
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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  126 and
						  5500.3, 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 3 - Parties, Joinder and Consolidation › Section 10393 - Filing of Medical Reports, Medical-Legal Reports, and Various Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing
						only pursuant to Government Code section
						11351
						(Register 2014, No. 42).
2. Editorial correction of HISTORY 1
						(Register 2017, No. 8).
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,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  126,
						  5316,
						  5500,
						  5501 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 3 - Parties, Joinder and Consolidation › Section 10395 - Improper Filing of Documents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 5-25-82; designated effective 7-1-82 (Register 82, No.
						22).
2. 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).
3. New subsections (e)-(f), subsection
						relettering and 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. 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: Section
						  126, 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 3 - Parties, Joinder and Consolidation › Section 10396 - Consolidation of Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Consolidation of two or more related cases, involving either the same injured
					 employee or multiple injured employees, rests in the sound discretion of the
					 Workers' Compensation Appeals Board. In exercising that discretion, the
					 Workers' Compensation Appeals Board shall take into consideration any relevant
					 factors, including but not limited to the following:
(1) Whether there are common issues of fact
					 or law;
(2) The complexity of the
					 issues involved;
(3) The potential
					 prejudice to any party, including but not limited to whether granting
					 consolidation would significantly delay the trial of any of the cases
					 involved;
(4) The avoidance of
					 duplicate or inconsistent orders; and
(5) The efficient utilization of judicial
					 resources.
Consolidation may be ordered for limited purposes or for
						all purposes.
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 10397 - Restrictions on the Rejection for Filing of Documents Subject to a Statute of Limitations or a Jurisdictional Time Limitation. [Renumbered]

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 (b),
						redesignation of former subsections (d)-(f) as subsections (c)-(e), amendment
						of newly designated subsections (d) and (e) and amendment of NOTE filed
						10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to
						Government Code section
						11351
						(Register 2014, No. 42).
3. Editorial correction of HISTORY 2
						(Register 2017, No. 8).
4. Renumbering of former section
						10397 to section
						10617 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: Article XIV, Section
						  4, California Constitution; and
						  Sections
						  133,
						  5307,
						  5309 and
						  5708, Labor
						  Code. Reference: Sections
						  126,
						  5316,
						  5500,
						  5501 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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10400 - Attorney Representatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An attorney representative shall file and
					 serve a notice of representation before filing a document or appearing on
					 behalf of a party unless the information required to be included in the notice
					 of representation is set forth on an opening document.
(b) The notice of representation or opening
					 document shall comply with rule 10390 and shall include:
(1) The name of the represented
					 party;
(2) The legal name and State
					 Bar number of the attorney;
(3) The
					 name, mailing address, email address and telephone number of the law firm or
					 other entity's agent for service of process.
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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10401 - Non-Attorney Representatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as prohibited by rule 10445, a
					 non-attorney representative may act on behalf of a party in proceedings before
					 the Workers' Compensation Appeals Board if the party has been informed that the
					 non-attorney representative is not licensed to practice law by the State of
					 California.
(b) A non-attorney
					 representative shall be held to the same professional standards of conduct as
					 an attorney.
(c) A non-attorney
					 representative shall file and serve a notice of representation before filing a
					 document or appearing on behalf of a party unless the information required to
					 be included in the notice of representation is set forth on an opening
					 document.
(1) If the non-attorney
					 representative is appearing pursuant to an agreement between a law firm or
					 other entity that provides non-attorney representatives and a party, the notice
					 of representation shall include:
(A) The name
					 of the represented party;
(B) The
					 legal name, mailing address, email address, telephone number and form of the
					 law firm or other entity;
(C) The
					 name, mailing address and email address of the law firm or other entity's agent
					 for service of process;
(D) The
					 name of the person who entered into an agreement on behalf of the law firm or
					 other entity with the party to provide non-attorney representatives;
					 and
(E) The name of the
					 non-attorney representative responsible for assuring that appearances are made
					 on behalf of the party.
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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10402 - Substitution or Dismissal of Attorneys and Non-Attorney Representatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Substitution or
					 dismissal of attorneys must be made in the manner provided by Code of Civil
					 Procedure sections
					 284,
					 285
					 and
					 286.
(b) A non-attorney representative or entity
					 providing non-attorney representatives pursuant to an agreement with a party
					 shall continue to provide representation until the party consents to
					 termination of representation or withdrawal is permitted by the Workers'
					 Compensation Appeals Board.
(1) A party that
					 consents to termination of representation shall serve and file a fully executed
					 "Substitution of Non-attorney Representative" that includes the information
					 required for a notice of representation filed pursuant to rules 10400 and 10401
					 or that identifies the party as self-represented and the name, address,
					 telephone number and signature of the person authorized to consent to the
					 substitution on behalf of the party.
(2) If a party does not consent to
					 termination of representation, representation shall continue until the Appeals
					 Board or the worker's compensation judge issues an order allowing withdrawal
					 for good cause.
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 4 - Conduct of Parties, Attorneys and Non-Attorney Representatives › Section 10403 - Complaints Regarding Violations of Labor Code Section 4907

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person may
					 submit to the Secretary of the Appeals Board a written complaint that a
					 non-attorney representative has violated the provisions of Labor Code section
					 4907. The
					 complaint shall not be filed at any district office or in EAMS.
(b) The complaint shall be made under penalty
					 of perjury and shall state in detail the acts and omissions of the non-attorney
					 representative alleged to be in violation of the provisions of Labor Code
					 section
					 4907, and shall
					 identify relevant case numbers and documents.
(c) Upon receipt of a complaint, the
					 Secretary shall review it for form and content.
(d) The non-attorney representative shall be
					 served with notice of the complaint as part of any investigation by the
					 Secretary and shall be provided with an opportunity to respond.
(e) Upon the conclusion of any investigation,
					 the Secretary shall serve the complainant and the non-attorney representative
					 with a written Notice of Determination.
(f) Nothing in this rule shall preclude the
					 Appeals Board from initiating proceedings under Labor Code section
					 4907 in the
					 absence of a complaint.
(g)
					 Information gathered as part of any investigation under this rule and records
					 of deliberation generated as part of any investigation under this rule shall be
					 confidential and not subject to public disclosure under any law of this state
					 pending the issuance of a Notice of Determination.
1. New
						section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing
						only (Register 2008, No. 47). For prior history, see Register 92, No.
						24.
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
						  4907 and
						  5307, Labor
						  Code. Reference: Section
						  4907, Labor
						  Code.