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Any request or petition to consolidate cases assigned to different workers' compensation judges in the same office of the Workers' Compensation Appeals Board shall be referred to the presiding workers' compensation judge of that office.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5303 and 5708, Labor Code.






s 10590. Consolidated Cases -Same Injured Worker.
For cases involving the same injured worker, any request or petition to consolidate cases assigned to different offices for hearing in one office shall be first referred to the presiding workers' compensation judges of the offices to which the cases are assigned; if the presiding workers' compensation judges cannot agree, the conflict shall be resolved by the court administrator upon referral by a presiding judge.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5303, Labor Code.






s 10591. Consolidating Cases -Multiple Injured Workers.
For cases involving two or more injured workers, any request or petition to consolidate cases assigned to different offices for hearing in one office of the Workers' Compensation Appeals Board shall be first referred to the court administrator. The court administrator shall set the request for conference to obtain agreement of all the parties to the place of hearing. If the parties do not agree to the place of hearing, the court administrator shall make a determination of the request for consolidation, giving due consideration to whether there are common issues of fact and law as well as whether judicial economy and expediency warrant and justify the request. Any party aggrieved by the determination of the court administrator may request proceedings pursuant to Labor Code section 5310.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5303, 5310 and 5708, Labor Code.






s 10592. Pleadings in Consolidated Cases.
Where cases are consolidated, joint minutes of hearing, summaries of evidence and opinions may be used.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5303 and 5313, Labor Code.








s 10600. Evidence and Reports.
The filing of a document does not signify its receipt in evidence, and, except for the documents listed in section 10750 of these Rules, only those documents that have been received in evidence shall be included in the record of proceedings on the case.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor Code.






s 10601. Copies of Reports and Records.
Where documents, including videotapes, are to be offered into evidence, copies shall be served on all adverse parties no later than the mandatory settlement conference, unless a satisfactory showing is made that the documents were not available for service by that time.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5502(e), Labor Code.






s 10602. Formal Permanent Disability Rating Determinations.
The Workers' Compensation Appeals Board may request the Disability Evaluation Unit to prepare a formal rating determination on a form prescribed for that purpose by the Administrative Director. The request may refer to an accompanying medical report or chart for the sole purpose of describing measurable physical elements of the condition that are clearly and exactly identifiable. In every instance the request shall describe the factors of disability in full.
The report of the Disability Evaluation Unit in response to the request shall constitute evidence only as to the percentage of the permanent disability based on the factors described, and the report shall not constitute evidence as to the existence of the permanent disability described.
The report of the Disability Evaluation Unit shall be filed and served on the parties and shall include or be accompanied by a notice that the case shall be submitted for decision seven (7) days after service unless written objection is made within that time.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4660 and 5708, Labor Code.






s 10604. Certified Copies.
Certified copies of the reports or records of any governmental agency, division or bureau shall be admissible in evidence in lieu of the original reports or records.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5703 and 5708, Labor Code.






s 10605. Reproductions of Documents.
A nonerasable optical image reproduction provided that additions, deletions, or changes to the original document are not permitted by the technology, a photostatic, microfilm, microcard, miniature photographic, or other photographic copy or reproduction, or an enlargement thereof, of a writing is admissible as the writing itself if the copy or reproduction was made and preserved as a part of the records of a business (as defined by Evidence Code Section 1270) in the regular course of that business. The introduction of the copy, reproduction, or enlargement does not preclude admission of the original writing if it is still in existence. The Workers' Compensation Appeals Board may require the introduction of a hard copy printout of the document.
A printed representation of images stored on a video or digital medium is presumed to be an accurate representation of the images it purports to represent. This presumption is a presumption affecting the burden of producing evidence. If a party to an action introduces evidence that a printed representation of images stored on a video or digital medium is inaccurate or unreliable, the party introducing the printed representation into evidence has the burden of proving by a preponderance of the evidence, that the printed representation is an accurate representation of the existence and content of the images that it purports to represent.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor Code.






s 10606. Physicians' Reports as Evidence.
The Workers' Compensation Appeals Board favors the production of medical evidence in the form of written reports. Direct examination of a medical witness will not be received at a trial except upon a showing of good cause. A continuance may be granted for rebuttal testimony subject to Labor Code Section 5502.5.
These reports should include where applicable:
(a) the date of the examination;
(b) the history of the injury;
(c) the patient's complaints;
(d) a listing of all information received from the parties reviewed in preparation of the report or relied upon for the formulation of the physician's opinion;
(e) the patient's medical history, including injuries and conditions, and residuals thereof, if any;
(f) findings on examination;
(g) a diagnosis;
(h) opinion as to the nature, extent, and duration of disability and work limitations, if any;
(i) cause of the disability;
(j) treatment indicated;
(k) opinion as to whether or not permanent disability has resulted from the injury and whether or not it is stationary. If stationary, a description of the disability with a complete evaluation;
(l) apportionment of disability, if any;
(m) a determination of the percent of the total causation resulting from actual events of employment, if the injury is alleged to be a psychiatric injury;
(n) the reasons for the opinion; and,
(o)the signature of the physician.
Failure to comply with (a) through (o) will be considered in weighing the evidence.
In death cases, the reports of non-examining physicians may be admitted into evidence in lieu of oral testimony.
All medical-legal reports shall comply with the provisions of Labor Code Section 4628. Except as otherwise provided by the Labor Code, including Labor Code Sections 4628 and 5703, and the rules of practice and procedure of the Appeals Board, failure to comply with the requirements of this section will not make the report inadmissible but will be considered in weighing the evidence.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4603.2, 4628, 5703, 5708 and 5709, Labor Code.






s 10607. Computer Printouts of Benefits Paid.
If a party requests that a defendant provide a computer printout of benefits paid, within twenty (20) days the defendant shall provide the requesting party with a current computer printout of benefits paid. The printout shall include the date and amount of each payment of temporary disability indemnity, permanent disability indemnity, and vocational rehabilitation maintenance allowance, and the period covered by each payment, and the date, payee, and amount of each payment for medical treatment. This request may not be made more frequently than once in a one-hundred-twenty (120) day period unless there is a change in indemnity payments.
A defendant that has paid benefits shall have a current computer printout of benefits paid available for inspection at every mandatory settlement conference.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5502(e) and 5708, Labor Code.






s 10608. Filing and Service of Physicians' Reports.
(a) After the filing of an Application for Adjudication, if a party is requested by another party or lien claimant to serve copies of physicians' reports relating to the claim, the party receiving the request shall serve copies of the reports on the requesting party or lien claimant within six (6) days of the request; the party receiving the request shall serve a copy of any subsequently-received physician's report within six (6) days of receipt of the report.
(b) A Declaration of Readiness to Proceed, a Declaration of Readiness to Proceed to Expedited Hearing, or an objection to either shall be accompanied by the physicians' reports that are in the possession or under control of the declarant. At the time of filing, it shall be the duty of the declarant to serve copies of physicians' reports that have not been previously served and that are in the possession or under the control of the declarant on all other parties and all lien claimants requesting service.
(c) Within six (6) days after service of the Declaration of Readiness to Proceed or Declaration of Readiness to Proceed to Expedited Hearing, all other parties and lien claimants shall serve upon the opposing parties copies of all reports of physicians that are in their possession or under their control, and that have not been previously served. All reports that have not been previously filed, and whose filing is not required by subsection (b), shall be filed at the next hearing.
(d) All physicians' reports that have not been previously filed shall be filed upon the filing of a compromise and release or stipulations with request for award.
(e) Any report filed in violation of this section may be discarded by the Workers' Compensation Appeals Board.
(f) X-rays shall not be transmitted to the Workers' Compensation Appeals Board except under a specific order directing their production.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5001, 5502, 5703 and 5708, Labor Code.






s 10609. Service on Lien Claimants.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903.1, 5708 and 5709, Labor Code.






s 10610. Cross-Examination of Physicians.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution; Sections 4621 and 5709, Labor Code.






s 10615. Continuing Duty to Serve.
During the continuing jurisdiction of the Workers' Compensation Appeals Board, the parties have a continuing duty to serve on each other and any lien claimant requesting service any physicians' reports received.


Note: Authority cited: Sections 133 and 5307, Labor Code.








s 10616. Employer-Maintained Records.
A written communication from a physician containing any information listed in Section 10606 that is contained in any record maintained by the employer in the employer's capacity as employer will be deemed to be a physician's report and shall be filed and served as required in Sections 10608 and 10615. Records from an employee assistance program are not required to be filed or served unless ordered by the Workers' Compensation Appeals Board.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4600, 5703 and 5708, Labor Code.






s 10618. X-Rays.
On order of the Appeals Board or workers' compensation judge, a party shall forthwith transmit all X-rays to the person designated in the order.
X-rays shall be subpoenaed only when they are relevant to pending issues and there is a present and bona fide intent to offer them in evidence. X-rays produced in violation of this rule will be ordered returned to their original custodian at the expense of the party causing them to be produced.
Upon reasonable request of a party, X-rays in the possession of, or subject to the control of, an adverse party or lien claimant shall be made available for examination by the requesting party or persons designated by that party at a time or place convenient to the persons to make the examination.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4600 and 5708, Labor Code.






s 10619. Subpoena of X-Rays.


Note: Authority cited: Sections 133, 5307, 5708 and 5709, Labor Code. Reference: Sections 4600, 5708 and 5709, Labor Code.






s 10620. Examination of X-Rays.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4600, 5708 and 5709, Labor Code.






s 10622. Failure to Comply.
Disclosure, service and filing of all medical reports in the possession and control of every party to a proceeding, except as otherwise expressly provided, is essential to and required in the expeditious determination of controversies.
The Workers' Compensation Appeals Board may decline to receive in evidence, either at or subsequent to hearing, any report offered under the provisions of Labor Code Section 5703 by a party who has failed to comply with the provisions of Rules 10600, 10608, 10615, 10616 or 10618. A medical report shall not be refused admission into evidence at a hearing, solely upon the ground of a late filing, where examination was diligently sought and said report came into possession or control of the party offering it within the preceding seven (7) days.
Where a willful suppression of a medical report is shown to exist in violation of these rules, it shall be presumed that the findings, conclusions and opinions therein contained would be adverse, if produced.
The remedies in this section are cumulative to all others authorized by law.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor Code.






s 10626. Hospital and Physicians' Records.
Subject to Labor Code section 3762, all parties, their attorneys, agents and physicians shall be entitled to examine and make copies of all or any part of physician, hospital, or dispensary records that are relevant to the claims made and the issues pending in a proceeding before the Workers' Compensation Appeals Board.
A party offering such records shall designate the particular portion or portions thereof believed to be relevant, specifically stating where in the records it may be found. The Workers' Compensation Appeals Board prefers that the designation be in writing and before the hearing.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4600, Labor Code.






s 10630. Return of Exhibits.
No exhibits filed or received in evidence will be released into the custody of a party, his attorney or other agent, except upon stipulation of the parties or by order of the Appeals Board or a workers' compensation judge.
Sixty (60) days after decision is final in any proceeding, or after a case has been ordered off calendar, the Workers' Compensation Appeals Board may, on its own motion, with or without notice, return:
(a) to the owners or persons producing the same, all exhibits of a physical, mechanical or demonstrative evidentiary character, unless some other disposition is expressly provided for; and
(b) to the respective owners or custodians, all permanent office records, X-rays, laboratory, clinical and hospital records and charts.
Upon expiration of five (5) years after filing the application, there being no proceedings pending, the Workers' Compensation Appeals Board may, with or without notice, make such order disposing of exhibits as deemed proper. Where proper written requests covering disposition of the exhibits are on file, they will be returned or disposed of in accordance therewith.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 126, Labor Code.






s 10631. Specific Finding of Fact -Labor Code Section 139.2(d)(2).
Where a qualified medical evaluator's report has been considered and rejected pursuant to Labor Code section 139.2, subdivision (d)(2), the workers' compensation judge or Appeals Board shall make and serve a specific finding on the qualified medical evaluator and the Industrial Medical Council at the time of decision on the regular workers' compensation issues. The specific finding may be included in the decision.
If the Appeals Board, on reconsideration, affirms or sets aside the specific finding of fact filed by a workers' compensation judge, it shall advise the qualified medical evaluator and the Industrial Medical Council at the time of service of its decision on the petition for reconsideration. If the workers' compensation judge does not make a specific finding and the Appeals Board, on reconsideration, makes a specific finding of rejection pursuant to Labor Code Section 139.2, subdivision (d)(2), it shall serve its specific finding on the qualified medical evaluator and the Industrial Medical Council at the time it serves its decision after reconsideration.
Rejection of a qualified medical evaluator's report pursuant to Labor Code section 139.2, subdivision (d)(2) shall occur where the qualified medical evaluator's report does not meet the minimum standards prescribed by the provisions of Rule 10606 and the regulations of the Industrial Medical Council.
This rule shall apply to injuries on or after January 1, 1994.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 139.2(d)(2), Labor Code.






s 10632. Labor Code Section 4065 -Evidence.
Where the provisions of Labor Code Section 4065 apply, the workers' compensation judge shall receive into evidence the "proposed ratings" submitted by the parties.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4065, Labor Code.






s 10633. Proposed Rating -Labor Code Section 4065.
A "proposed rating" pursuant to Labor Code Section 4065 shall include the appropriate disability numbers for each part of the body resulting in permanent disability and a standard rating of the factors of disability.
Where the provisions of Labor Code Section 4065 have been used to determine permanent disability, the workers' compensation judge shall comply with Labor Code Section 5313 and state the evidence relied upon and the reasons or grounds on which selection of the proposed rating is based.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4065, Labor Code.






s 10634. Labor Code Section 4628(k) Requests.
Failure to comply with Labor Code Section 4628, subdivision (k) shall not make the medical report inadmissible as evidence and eliminate liability for medical-legal costs where good cause has been shown for the failure to comply and, after notice of non-compliance, compliance takes place within a reasonable period of time or within a time prescribed by the workers' compensation judge.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4628(k), Labor Code.






s 10635. Reasonable Value of Medical Service.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4600, 4624 and 4625, Labor Code.






s 10700. Impartial Medical Examiners.


Note: Authority cited: Sections 133 and 5703, Labor Code. Reference: Sections 139.1 and 5703.5, Labor Code.






s 10705. Policy.


Note: Authority cited: Sections 133, 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution.






s 10715. Orders Directing Applicants to Report for Medical Examination.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 139, Labor Code.






s 10718. Prohibited Communication.
All correspondence concerning the examination and reports of a physician appointed pursuant to Labor Code Section 5701 or 5703.5 shall be made through the Workers' Compensation Appeals Board, and no party, attorney or representative shall communicate with that physician with respect to the merits of the case unless ordered to do so by the Workers' Compensation Appeals Board.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5701 and 5703.5, Labor Code.






s 10722. Filing and Service of Medical Reports.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 139, 5703.5, 5708, Labor Code.






s 10727. Cross-Examination by Deposition.
The Workers' Compensation Appeals Board favors cross-examination of medical witnesses by way of deposition. Reasonable costs in connection with such deposition shall be allowed under Labor Code Section 4621.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution; and Section 5708, Labor Code.






s 10740. Transcripts.
Unless otherwise ordered by a commissioner, a deputy commissioner, or a presiding workers' compensation judge, testimony taken at hearings in compensation proceedings will not be transcribed except upon the request of a party accompanied by the fee prescribed in the Rules of the Administrative Director.
Requests for transcription of testimony shall be in writing, served on all other parties, directed to the transcript clerk and accompanied by a deposit fee based on the transcript clerk's estimate of the number of pages to be transcribed. If the actual fee exceeds the deposit, the purchaser shall pay the balance of the fee before the transcript is released. Any excess deposit will be returned to the purchaser.
No person shall make a photographic copy of a transcript from the Board file except upon payment prescribed by law for a copy of the transcript.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 127 and 5708, Labor Code.






s 10750. Record of Proceedings.
The record of proceedings consists of: the pleadings, declarations of readiness to proceed, minutes of hearing and summary of evidence, transcripts, if prepared and filed, proofs of service, evidence received in the course of a hearing, exhibits marked but not received in evidence, notices, petitions, briefs, findings, orders, decisions and awards. Documents that are in the Workers' Compensation Appeals Board file but have not been received in evidence are not part of the evidentiary record.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 126 and 5708, Labor Code.






s 10751. Legal File.
The Workers' Compensation Appeals Board's legal file includes the record of proceedings. Upon approval of compromise and release or stipulations with request for award, all medical reports that have been filed shall be transferred to the legal file.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 126, Labor Code.






s 10753. Inspection of Files.
Except as provided in Section 10754 of these Rules or otherwise, any person legally may inspect the contents of any Workers' Compensation Appeals Board file at the district office where the file is located at a time convenient to the Workers' Compensation Appeals Board and during regular office hours. The file and the records and documents contained therein may not be removed from the district office for copying or for any other purpose. Copying operators must operate their equipment in the room assigned to them and any person copying a 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.
A file will not be sent from one office to another for inspection except for good cause by order of a workers' compensation judge and upon the payment of a fee required by the Administrative Director. At the request of a party to the case, or his or her attorney, a 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. 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 the Administrative Director.
Although the following documents may be retained in a Workers' Compensation Appeals Board file folder for the sake of convenience, they are not a part of the file and may be removed from the file before it is made available for inspection by any person:
(a) Decisions, reports, opinions, orders, recommendations and other documents that are in the process of preparation, or, although fully prepared, have not yet been signed and filed.

(b) Agreed Medical Examiner or Qualified Medical Examiner reports and ratings that have been received but have not yet been served.
(c) The working papers, personal notes, deliberation records, and other private notations made by a workers' compensation judge, commissioner, deputy commissioner or Appeals Board attorney in the course of hearing or deliberation relating to the case.
(d) Any legal memorandum or analysis prepared by a workers' compensation judge, commissioner, deputy commissioner, Appeals Board attorney or legal assistant to assist a workers' compensation judge, deputy commissioner or commissioner in his deliberations concerning a case.
Except as provided in Rule 10754, a party, or his or her attorney or representative, may inspect the legal file and any medical reports that have been filed; any other person may inspect only the legal file.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 126, Labor Code.








s 10754. Sealed Documents.
Where a medical report, medical record or other document filed in a case contains references to or discusses the mental or emotional health of any person, sexual habits or practice, use of or addiction to alcohol or other drugs, or other matter of similar character such that the workers' compensation judge to whom the case is assigned determines that public inspection of the document should not be permitted, the workers' compensation judge may order the document to be sealed. If an order is made that a document or documents be sealed, the order shall be filed in the record of the proceedings and the sealed document or documents shall be placed in a sealed envelope, which shall be removed from the file before the file is made available for public inspection.
Sealed documents in a case shall be made available for inspection by any party to the case or by his representative on order of a workers' compensation judge and subject to any reasonable conditions and limitations as the workers' compensation judge may impose. Sealed documents shall not otherwise be made available for public inspection except by order of a workers' compensation judge which shall be made only on a showing that good cause exists to permit the inspection.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor Code.






s 10755. Destruction of Records.
Following a period of:
(a) two years after date of last entry thereon, the Workers' Compensation Appeals Board may destroy any miscellaneous record, not otherwise expressly covered by these Rules, which is kept and maintained in the proceeding of cases, case files and decisions; and
(b) five years after the date of filing of the Application for Adjudication or upon transfer to archive storage, whichever date first occurs, the Workers' Compensation Appeals Board may eliminate from the case file and destroy:
(1) extra copies of pleadings, notices, findings, orders, decisions, awards and other documents; and
(2) correspondence and other miscellaneous material not part ofthe legal record in the case, excepting originals of all medical reports found in the correspondence section of the file.
The approval of the Department of Finance, as required by the provisions of Government Code Section 14755, will be obtained before action under this section.


Note: Authority cited: Sections 133, 5307, Labor Code. Reference: Section 135, Labor Code.




s 10758. Destruction of Case Files.
Following a period of five (5) years after the filing of the Application or other opening document, the Workers' Compensation Appeals Board may destroy, without microphotographic or other reproduction, the file in each case.
A case file may be destroyed by the Workers' Compensation Appeals Board after its contents, as stripped in accordance with Section 10755, have been reproduced in a manner permitted by law. The reproduction may be destroyed after a period of five (5) years from the date of filing of the Application or other opening document.
The approval of the Department of Finance, as required by the provisions of Labor Code Section 135, will be obtained before action under this rule.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 135, Labor Code.






s 10762. Reporters' Notes.
Stenographic reporters' notes shall be retained for a period of six (6) years after the taking of them and thereafter may be destroyed or otherwise disposed of.
The approval of the Department of Finance, as required by the provisions of Government Code Section 14755, will be obtained before action under this rule.


Note: Authority cited: Section 133 and 5307, Labor Code. Reference: Section 14755, Government Code; and Section 5708, Labor Code.






s 10770. Lien Procedure.
(a) Any lien claimant under Labor Code sections 4903 or 4903.1 shall file its lien in writing upon a form approved by the Appeals Board or electronically as approved by the Administrative Director. Lien claims filed in writing shall be accompanied by a full statement or itemized voucher supporting the lien and justifying the right to reimbursement and proof of service. All liens, along with a full statement or itemized voucher supporting the lien, shall be served upon the applicant, the injured worker (or, if deceased, upon worker's dependents), the employer, the insurance carrier and the respective attorneys or other representatives of record. Service of a lien on a party shall constitute notice to it of the existence of the lien.
(b) The Workers' Compensation Appeals Board shall not accept for filing a lien that does not bear a case number previously assigned by the Workers' Compensation Appeals Board for the injury.
(c) The lien claimant shall provide the name, mailing address, and daytime telephone number of a person who will be available at the time of all conferences and trials, and will have authority to resolve the lien on behalf of the lien claimant.
(d) After a lien has been filed, the lien claimant shall continue to serve amendments to the lien on the parties. After a lien has been filed, amendments to the lien shall be filed only upon the filing of a Declaration of Readiness, compromise and release, or stipulations with request for award or order, or upon receipt of a notice of hearing. An amendment to a lien filed at any other time, and any attachments thereto, will not be filed and may be discarded by the Workers' Compensation Appeals Board. If a lien has been filed electronically, upon the filing of a Declaration of Readiness, compromise and release, or stipulations with request for award or order, or upon receipt of a notice of hearing, the lien claimant shall file a full statement or itemized voucher supporting the lien unless the lien claimant advises in writing, or electronically, that the lien has been resolved or withdrawn.
(e) The lien claimant shall be notified by the Workers' Compensation Appeals Board when a hearing is scheduled.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4903.1, Labor Code.






s 10771. Medical-Legal Expense.
Lien claims for the expenses set forth in Labor Code section 4622 shall not be filed with the Workers' Compensation Appeals Board until the 60-day period for voluntary payment has elapsed, unless the lien claimant certifies the fee request has been rejected in writing.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4903.1, Labor Code.






s 10772. Unemployment Compensation Disability Liens.
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.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4904, Labor Code.






s 10773. Law Firm Employees.
(a) Law firm employees not holding current active membership in the State Bar may appear on behalf of the law firm if:
(1) the client has been fully informed of the involvement of the law firm employee and that the person is not a current active member of the State Bar of California;

(2) in all proceedings where the law firm employee appears and in all documents the person has prepared, the person appearing or preparing the documents is identified and it is fully disclosed that the person is not licensed to practice law in the State of California; and
(3) the attorney directly responsible for supervising the law firm employee appearing in any proceedings is identified.
(b) A workers' compensation judge shall not approve any compromise and release agreement or stipulations with request for award signed by a law firm employee who is not currently an active member of the State Bar of California without the specific written authorization of the attorney directly responsible for supervising the law firm employee.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4907, Labor Code.






s 10774. Substitution or Dismissal of Attorneys.
Substitution or dismissal of attorneys must be made in the manner provided by Code of Civil Procedure Sections 284, 285 and 286. Dismissal of agents may be made by serving and filing a statement of dismissal.


Note: Authority cited: Sections 133, 5307, Labor Code. Reference: Sections 4903, 4906, Labor Code.




s 10775. Reasonable Attorney's Fee.
In establishing a reasonable attorney's fee, the workers' compensation judge or arbitrator shall consider the
(a) responsibility assumed by the attorney,
(b) care exercised in representing the applicant,
(c) time involved,
(d) results obtained.
Reference will be made to guidelines contained in the Policy and Procedural Manual and workers' compensation judges and arbitrators shall at all times comply with Labor Code section 5313 by setting forth the reasons or grounds for applying the guidelines in any fee determination.
Through its power to grant reconsideration on its own motion, the Appeals Board shall exercise authority to ascertain the extent to which these guidelines are followed.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4906, Labor Code.






s 10776. Approval of Attorney's Fee.
(a) No request for payment or demand for payment of a fee shall be made by any attorney for, or agent of, a worker or dependent of a worker until the fee has been approved or set by the Workers' Compensation Appeals Board.
(b) No attorney or agent shall accept any money from a worker or dependent of a worker for the purpose of representing the worker or dependent of a worker before the Workers' Compensation Appeals Board or in any appellate procedure related thereto until the fee has been approved or set by the Workers' Compensation Appeals Board or an appellate court.
(c) Any agreement between any attorney or agent and a worker or dependent of a worker for payment of a fee shall be submitted to the Workers' Compensation Appeals Board for approval within ten (10) days after the agreement is made.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4906, Labor Code.






s 10778. Request for Increase of Attorney's Fee.
All requests for an increase in attorney's fee shall be accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel. Failure to so notify the applicant may constitute grounds for dismissal of the request for increase in fee.

Note: Authority cited: Sections 133, 5307, Labor Code. Reference: Sections 4903, 4906, Labor Code.




s 10779. Disbarred and Suspended Attorneys.
An attorney who has been disbarred or suspended by the Supreme Court for reasons other than nonpayment of State Bar fees, or who has been placed on involuntary inactive enrollment status by the State Bar, or who has resigned while disciplinary action is pending shall be deemed unfit to appear as a representative of any party before the Workers' Compensation Appeals Board during the time that the attorney is precluded from practicing law in this state. Any attorney claiming to be qualified to appear as a representative before the Workers' Compensation Appeals Board despite disbarment, suspension or resignation may file a petition for permission to appear. The petition shall set forth in detail:
(1) the facts leading to the disbarment, suspension or resignation; and
(2) the facts and circumstances alleged by the attorney to establish competency, qualification and moral character to appear as a representative before the Workers' Compensation Appeals Board. The petition shall be verified, shall be filed in the San Francisco office of the Appeals Board and a copy thereof served on the State Bar of California.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4907, Labor Code.






s 10780. Dismissal Orders.
Except as provided in Rule 10562 and 10582 and unless good cause to the contrary appears, orders of dismissal of claim forms for injuries on or after January 1, 1990 and before January 1, 1994, and orders of dismissal of applications for adjudication for injuries before January 1, 1990 and on or after January 1, 1994, shall issue forthwith when requested by the employee. All other orders of dismissal of claim forms for injuries occurring on or after January 1, 1990 and before January 1, 1994, or orders of dismissal of applications for adjudication for injuries occurring before January 1, 1990 and on or after January 1, 1994, shall issue only after service of a notice of intention allowing at least fifteen (15) days for the adverse parties to show good cause to the contrary, and not by an order with a clause rendering the order null and void if an objection showing good cause is filed.


Note: Authority cited: Sections 133 and 5307, Labor Code.






s 10782. Opinion on Decision.


Note: Authority cited: Section 5307, Labor Code. Reference: Section 5313, Labor Code.ALLFHSCHistory

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).




s 10820. When Certified Copies Will Issue.
Certified copies of findings and awards or other final orders for the purpose of having judgment entered and execution issued by the clerk of a superior court shall be issued only upon written request of a person entitled to benefits thereunder or by the attorney or authorized representative, and upon payment of the fees prescribed by the Rules of the Administrative Director.
Certified copies of such orders and awards against authorized insurance carriers, authorized self-insured employers, the State of California and all political subdivisions thereof shall be issued only upon receipt of a written request showing good cause therefor.
Every request for a certified copy of any final order must state whether proceedings are pending on reconsideration or judicial review, whether a petition for reconsideration or a writ of review has been filed, and whether the decision, a certified copy of which is requested has become final.
Nothing in these rules, however, shall limit the power of the Workers' Compensation Appeals Board to issue a certified copy at any time upon its own motion without charge.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5806, 5807 and 5808, Labor Code.






s 10825. Witholding Certified Copies.
As an alternative to the issuance of an order staying execution, the Workers' Compensation Appeals Board may direct by order that no certified copy be issued. Such an order shall have the same effect as an order staying execution issued under similar circumstances.
(a) Before staying execution or issuing order withholding issuance of a certified copy of an order, decision or award, the Workers' Compensation Appeals Board in its discretion may require the filing of a bond from an approved surety equivalent to twice the probable amount of liability in the case.
(b) The bond shall be filed in the record of the case.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 130, 134, 5105, 5806, 5807, 5808, 5809, 6000, 6001 and 6002, Labor Code.




s 10828. Necessity for Bond.
Where a party intending to file for writ of review requests a stay of execution or withholding issuance of a certified copy of the order, decision or award that is the subject of the party's complaint, the request will ordinarily be granted, conditioned upon the filing of a bond from an approved surety equivalent to twice the probable amount of liability in the case.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5808, 5956, 6000, 6001 and 6002, Labor Code.






s 10832. Proceedings to Enforce Awards.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 134 and 5300, Labor Code.






s 10840. Filing Petitions for Reconsideration and Answers.
Petitions for reconsideration from final orders, decisions or awards and answers thereto shall be filed at the district office of the Workers' Compensation Appeals Board from which the order, decision or award issued. Petitions for reconsideration from final orders, decisions or awards issued by the Appeals Board in San Francisco and answers thereto shall be filed at the office of the Appeals Board in San Francisco. Petitions for reconsideration received in any district office or the office of the Appeals Board in San Francisco, except as provided by this rule, shall neither be accepted for filing nor deemed filed for any purpose.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5900 and 5905, Labor Code.






s 10842. Contents of Petition for Reconsideration and Answer.
All petitions for reconsideration shall conform to the requirements of Section 10392 of these Rules.
Every petition for reconsideration shall fairly state all the material evidence relative to the point or points at issue. Each contention contained in a petition for reconsideration shall be separately stated and clearly set forth.
Copies of documents that have already been received in evidence or that have already been made part of the legal file shall not be attached as exhibits to petitions for reconsideration or answers to petitions for reconsideration. Documents attached in violation of this rule may be detached from the petition for reconsideration or answer and discarded.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 126, 5900 and 5902, Labor Code.






s 10843. Petitions to Remove.
(a) Petitions to remove and responses or answers thereto shall be filed with the district office of the Workers' Compensation Appeals Board from which relief is sought or from which an order subject to the removal process issued. Petitions to remove received in any district office except as provided by this rule shall neither be accepted for filing nor deemed filed for any purpose and may be discarded.
(b) At any time within twenty (20) days after the service of the order or decision, or of the occurrence of the action in issue, any party may petition for removal based upon one or more of the following grounds:
(1) The order, decision or action will result in significant prejudice.
(2) The order, decision or action will result in irreparable harm.
The petitioner must also demonstrate that reconsideration will not be an adequate remedy after the issuance of a final order, decision or award. Failure to file the petition to remove timely shall constitute valid ground for dismissing the petition to remove.
(c) A copy of the petition to remove shall be served forthwith upon all parties by the petitioner. Any adverse party may file an answer within ten (10) days after service. No supplemental petitions, pleadings or responses shall be considered unless requested or approved by the Appeals Board.
(d) The workers' compensation judge may, within fifteen (15) days of the filing of the petition to remove, rescind the order or decision in issue, or take action to resolve the issue raised in the petition to remove. If the judge so acts, or if the petitioner withdraws the petition at any time, the petition to remove will be deemed automatically dismissed, requiring no further action by the Appeals Board. The issuance of a new order or decision, or the occurrence of a new action, will recommence the time period for filing a petition to remove as described above.
(e) The filing of a petition to remove does not terminate the judge's authority to proceed in a case or require the judge to continue or cancel a previously scheduled hearing absent direction from the Appeals Board. After a petition to remove has been filed, the workers' compensation judge shall consult with the presiding workers' compensation judge prior to proceeding in the case or continuing or canceling a scheduled hearing.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5310, Labor Code.






s 10846. Skeletal Petitions.
A petition for reconsideration may be denied if it contains no more than allegations of the statutory grounds for reconsideration unsupported by specific references to the record and principles of law involved.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5902, Labor Code.




s 10848. Supplemental Petitions.
When a petition for reconsideration has been timely filed, supplemental petitions or pleadings or responses other than the answer shall be considered only when specifically requested or approved by the Appeals Board. Supplemental petitions or pleadings or responses other than the answer, except as provided by this rule, shall neither be accepted nor deemed filed for any purpose and shall not be acknowledged or returned to the filing party.


Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5900, Labor Code.






s 10850. Proof of Service. (continued)