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Service of copies of a petition for reconsideration, removal, or disqualification shall be made on all parties to the case and on any lien claimant, the validity of whose lien is specifically questioned by the petition, and to any case that has been consolidated therewith pursuant to Section 10590. Failure to file proof of service shall constitute valid ground for dismissing the petition.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5310, 5311, 5902 and 5903, Labor Code.
s 10852. Insufficiency of Evidence.
Where reconsideration is sought on the ground that findings are not justified by the evidence, the petition shall set out specifically and in detail how the evidence fails to justify the findings.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5902 and 5903, Labor Code.
s 10856. Allegations of Newly Discovered Evidence and Fraud.
Where reconsideration is sought on the ground of newly discovered evidence that could not with reasonable diligence have been produced before submission of the case or on the ground that the decision had been procured by fraud, the petition must contain an offer of proof, specific and detailed, providing:
(a) the names of witnesses to be produced;
(b) a summary of the testimony to be elicited from the witnesses;
(c) a description of any documentary evidence to be offered;
(d) the effect that the evidence will have on the record and on the prior decision; and
(e) as to newly discovered evidence, a full and accurate statement of the reasons why the testimony or exhibits could not reasonably have been discovered or produced before submission of the case.
A petition for reconsideration sought upon these grounds may be denied if it fails to meet the requirements of this rule, or if it is based upon cumulative evidence.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5902 and 5903, Labor Code.
s 10858. Correction of Errors.
Before a petition for reconsideration is filed, a workers' compensation judge may correct the decision for clerical, mathematical or procedural error or amend the decision for good cause under the authority and subject to the limitations set out in Sections 5803 and 5804 of the Labor Code.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5309, Labor Code.
s 10859. Orders After Filing of Petition for Reconsideration.
After a petition for reconsideration has been timely filed, a workers' compensation judge may, within the period of fifteen (15) days following the date of filing of that petition for reconsideration, amend or modify the order, decision or award or rescind the order, decision or award and conduct further proceedings. Further proceedings shall be initiated within 30 days from the order of recession. The time for filing a petition for reconsideration pursuant to Labor Code section 5903 will run from the filing date of the new, amended or modified decision. After this period of fifteen (15) days has elapsed, a workers' compensation judge shall not make any order in the case nor correct any error until the Appeals Board has denied or dismissed the petition for reconsideration or issued a decision after reconsideration.
Note: Authority cited: Section 5307, Labor Code. Reference: Sections 5906, 5907 and 5908.5, Labor Code.
s 10860. Report of Workers' Compensation Judge.
Petitions for reconsideration, petitions for removal and petitions for disqualification shall be referred to the workers' compensation judge from whose decisions or actions relief is sought. The workers' compensation judge shall prepare a report that shall contain:
(a) a statement of the contentions raised by the petition;
(b) a discussion of the support in the record for the findings of fact and the conclusions of law that serve as a basis for the decision or order as to each contention raised by the petition, or, in the case of a petition for disqualification, a specific response to the allegations and, if appropriate, a discussion of any failure by the petitioner to comply with the procedures set forth in Rule 10452, and
(c) the action recommended on the petition.
The workers' compensation judge shall send the report and the Workers' Compensation Appeals Board's file to the Appeals Board within 15 days after the petition is filed unless the Appeals Board grants an extension of time. The workers' compensation judge shall serve a copy of the report on the parties and any lien claimant, the validity of whose lien is specifically questioned by the petition, at the time it is sent to the Appeals Board.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5900 and 5906, Labor Code.
s 10862. Hearing After Reconsideration Granted.
Where reconsideration has been granted and the case referred to a workers' compensation judge for proceedings on reconsideration, the workers' compensation judge shall, upon the conclusion thereof, prepare and serve upon the parties a summary of evidence received in the proceedings after reconsideration granted.
Unless otherwise instructed by the panel before which a case is pending, the workers' compensation judge to whom the case has been assigned for further proceedings may rule on requests for postponement, continuance of further hearing, join additional parties, dismiss unnecessary parties where such dismissal is not opposed by any other party to the case, make all interlocutory or procedural orders that are agreed to by all parties, issue subpoenas, rule on motions for discovery, rule on all evidentiary motions and objections, and make all other rulings necessary to expedite and facilitate the trial and disposition of the case. The workers' compensation judge shall not order a medical examination, obtain a recommended disability evaluation, make an order taking the case off calendar, nor make an order approving or disapproving compromise and release.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5309 and 5313, Labor Code.
s 10864. Authority of Workers' Compensation Judge After Decision After Reconsideration.
After a decision after reconsideration has become final, subsequent orders and decisions in a case may be made by any workers' compensation judge to whom the case is assigned pursuant to Section 10348, including orders approving or disapproving compromise and release, orders allowing or disallowing liens, orders for enforcement of the decision of the Appeals Board, orders granting or denying petitions to reopen, orders rescinding, altering or amending the decision of the Appeals Board for good cause under Labor Code Section 5803, orders for increased compensation under Labor Code Section 5814, orders terminating liability, orders for commutation and orders resolving issues that the Board in its decision has left for determination by a workers' compensation judge.
A workers' compensation judge may not make an order correcting a decision after reconsideration for clerical, mathematical, or procedural error. Requests for such correction shall be acted on by the panel that made the decision or if the composition of the Board has changed, by the successor panel.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5900, 5910 and 5911, Labor Code.
s 10865. Reconsideration -Labor Code Sections 3201.5 and 3201.7.
A petition for reconsideration from an arbitration decision made pursuant to Labor Code Section 3201.5(a)(1) or Section 3201.7(a)(1) shall be filed directly with the office of the Appeals Board in San Francisco within twenty (20) days of the service of the final order, decision, or award made and filed by the arbitrator or board of arbitrators. A copy of the petition for reconsideration shall be served on the arbitrator or arbitration board.
The petition for reconsideration shall be captioned so as to identify it as a Petition for Reconsideration from Arbitrator's Decision Under Labor Code section 3201.5 or 3201.7, and shall set forth the the injured worker's name, date of birth, social security number, and the date on which the arbitrator or board of arbitrators served the arbitration decision. Proof of service of the arbitration decision on the parties shall be either by a verified statement of the arbitrator indicating the date of service and listing the names and addresses of the persons served or by written acknowledgment of receipt by the parties at the time of the arbitration proceedings. In addition, a copy of that portion of the collective bargaining agreement relating to the arbitration and reconsideration processes shall be submitted by the petitioner.
Upon receiving the petition for reconsideration, the arbitrator or board of arbitrators shall forward to the Appeals Board in San Francisco the record of proceedings, including the transcript of proceedings, if any, a summary of testimony if the proceedings were not transcribed, the documentary evidence submitted by each of the parties, and an opinion that sets forth the rationale for the decision as to each contention raised by the petition.
After the arbitration decision has been made, the arbitrator or board of arbitrators shall maintain possession of the record of proceedings until the time for filing a petition for reconsideration has passed. Thereafter one of the parties may be designated custodian of the arbitration record as provided for in the collective bargaining agreement.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 3201.5 and 3201.7, Labor Code.
s 10866. Reconsideration of Arbitrator's Decisions or Awards.
Any final order, decision or award filed by an arbitrator under Labor Code Sections 5270 through 5275 shall be subject to the reconsideration process as set forth in Labor Code Sections 5900 through 5911 and Rules 10840 and 10842.
The parties, respectively, shall serve the arbitrator with the petition for reconsideration and the answer.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5275, 5277(c) and 5900-5911, Labor Code.
s 10867. Report of Arbitrator.
When a petition for reconsideration is filed from any final order, decision or award made by an arbitrator under Labor Code Sections 5270 through 5275, the arbitrator shall prepare and serve a report on reconsideration as provided in Rule 10860 and shall concurrently forward the arbitrator's file and the original report to the presiding workers' compensation judge, who shall promptly forward the Workers' Compensation Appeals Board's file and the arbitrator's file and report to the Appeals Board.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5275, 5277(c) and 5900-5911, Labor Code.
s 10868. Reconsideration of Settlement Conference Referees' Decisions or Awards.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 111, 5502 and 5900, Labor Code.
s 10869. Report of Settlement Conference Referee.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 111, 5502 and 5307, Labor Code.
s 10870. Approval of Compromise and Release.
Agreements that provide for the payment of less than the full amount of compensation due or to become due and undertake to release the employer from all future liability will be approved only where it appears that a reasonable doubt exists as to the rights of the parties or that approval is in the best interest of the parties. No agreement shall relieve an employer of liability for vocational rehabilitation benefits unless the Workers' Compensation Appeals Board makes a finding that there is a good faith issue which, if resolved against the injured employee, would defeat the employee's right to all workers' compensation benefits.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4646, 5001, 5002 and 5100.6, Labor Code.
s 10874. Form.
Every compromise and release agreement shall comply with the provisions of Labor Code Sections 5003-5004 and conform to a form provided by the Appeals Board.
Note: Authority cited: Sections 133, 5307, Labor Code. Reference: Sections 5001, 5002, 5003, 5004, Labor Code.
s 10875. Procedures -Labor Code Section 3761.
Where the insurer has attached a declaration to the compromise and release agreement or stipulations with request for award that it has complied with the provisions of Labor Code Sections 3761, subdivision (a), and 3761, subdivision (b), the Workers' Compensation Appeals Board may approve the compromise and release or stipulations with request for award without hearing or further proceedings.
Where a workers' compensation judge or the Appeals Board has approved a compromise and release or stipulations with request for award and the insurer has failed to show proof of service pursuant to Labor Code Section 3761, subdivision (b), the workers' compensation judge or the Appeals Board, after giving notice and an opportunity to be heard to the insurer, shall award expenses as provided in Labor Code Section 5813 upon request by the employer.
Any request for relief under Labor Code Section 3761, subdivision (b), or Labor Code Section 3761, subdivision (d), shall be made by the filing of a petition pursuant to Rule 10450, together with a Declaration of Readiness to Proceed.
This rule shall apply to injuries on or after January 1, 1994.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 3761, Labor Code.
s 10878. Settlement Document as an Application.
The filing of a compromise and release agreement or stipulations with request for award shall constitute the filing of an application which may, in the Workers' Compensation Appeals Board's discretion, be set for hearing, reserving to the parties the right to put in issue facts that might otherwise have been admitted in the compromise and release agreement or stipulations with request for award. If a hearing is held with this document used as an application, the defendants shall have available to them all defenses that were available as of the date of filing of this document. The Workers' Compensation Appeals Board may thereafter either approve the settlement agreement or disapprove it and issue findings and award after hearing has been held and the matter submitted for decision.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5001, 5002, 5500 and 5702, Labor Code.
s 10882. Action on Settlement Agreement.
The Workers' Compensation Appeals Board shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5001, 5002 and 5702, Labor Code.
s 10886. Service on Lien Claimants.
Where a lien claim is on file with the Workers' Compensation Appeals Board or where a party has been served with a lien, and a compromise and release agreement or stipulations with request for award or order is filed, a copy of the compromise and release agreement or stipulations shall be served on the lien claimant.
No lien claim shall be disallowed or reduced unless the lien claimant has been given notice and an opportunity to be heard.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903, 4903.1, 4903.4, 4904, 4904.1, 4905 and 4906, Labor Code.
s 10888. Resolution of Liens.
Before issuance of an order approving compromise and release that resolves a case or an award that resolves a case based upon the stipulations of the parties, if there remain any liens that have not been resolved or withdrawn, the parties shall make a good-faith attempt to contact the lien claimants and resolve their liens. A good-faith attempt requires at least one contact of each lien claimant by telephone or letter.
After issuing an order approving compromise and release that resolves a case or an award that resolves a case based upon the stipulations of the parties, if there remain any liens that have not been resolved or withdrawn, the workers' compensation judge shall
(1) set the case for a lien conference, or
(2) issue a ten (10) day notice of intention to order payment of any such lien in full or in part, or
(3) issue a ten (10) day notice of intention to disallow any such lien. Upon a showing of good cause, the workers' compensation judge may once continue a lien conference to another lien conference. If a lien cannot be resolved at a lien conference, the workers' compensation judge shall set the case for trial.
An agreement to "pay, adjust or litigate" a lien, or its equivalent, or an award leaving a lien to be adjusted, is not a resolution of the lien.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903, 4903.1, 4904, 5001, 5002 and 5702, Labor Code.
s 10890. Walk-Through Documents.
(a) A "walk-through" document is a document that is presented to a workers' compensation judge for immediate action.
(b) A party may present the following walk-through documents to a workers' compensation judge during conference calendars and mandatory settlement conference calendars:
(1) Compromise and releases;
(2) Stipulations with request for award;
(3) Petitions for attorney's fees for representation of the applicant in vocational rehabilitation;
(4) Petitions for attorney's fees for representation of the applicant at a deposition; and
(5) Petitions to compel attendance at a medical examination or deposition.
(c) At any time, a party may present to the presiding judge a petition to stay an action by an opposing party pending a hearing. The presiding judge may act on the petition or assign it to another judge for action. A party who walks through a petition to stay an action shall provide notice to the opposing party or parties in accordance with subsections (b) and (c) of Rule 379 of the California Rules of Court.
(d) Each walk-through settlement document (a compromise and release or stipulations with request for award) shall be accompanied by a proof of service showing that the document was served on all lien claimants whose liens have not been resolved and any other defendant who may be liable for payment of additional compensation.
Each petition for attorney's fees for representation of the applicant in vocational rehabilitation shall be accompanied by a proof of service showing that the petition was served on the injured worker and the defendant alleged to be liable for paying the fees.
Each petition for attorney's fees for representation of the applicant at a deposition shall be accompanied by a proof service showing that the petition was served upon the defendant alleged to be liable for paying the fees.
Each petition to compel attendance at a medical examination or deposition shall be accompanied by a proof of service showing that the petition was served upon the injured worker, the injured worker's attorney, and any other defendant who may be liable for payment of additional compensation.
(e) A workers' compensation judge who is presented with a walk-through settlement document shall approve it, disapprove it, suspend action on it, or accept it for later review and action. If a workers' compensation judge is presented with so many walk-through documents that review of them will interfere with cases scheduled for conference, the judge may refer to the presiding judge as many walk-through cases as are necessary to allow timely consideration of the cases scheduled for conference.
(f) A walk-through document may be presented only to a workers' compensation judge at the district office that has venue. If an injured worker has existing cases at two or more district offices that have venue, a walk-through settlement may be presented to a judge at any office having venue over an existing case that is settled by the walk-through document. An existing case is a case that has been filed and assigned a case number prior to the filing of the walk-through document.
(g) A walk-through document may be presented to any workers' compensation judge during a conference calendar or mandatory settlement conference calendar except as follows:
(1) If a judge has taken testimony, any walk-through document in that case must be presented to the judge who took testimony if that judge works at the district office to which the case is assigned, unless the presiding judge allows it to be presented to another judge.
(2) If a judge has reviewed a settlement document and declined to approve it, a walk-through settlement document in that case must be presented to the same judge, if that judge works at the district office to which the case is assigned, unless the presiding judge allows it to be presented to another judge.
(h) If an injured worker is not represented by an attorney, the worker must be present when a walk-through settlement document is presented to the judge unless the settlement has previously been reviewed with the injured worker by an Information and Assistance officer.
(i) Each district office will have clerical staff available to obtain files and create new files for walk-through cases from 8:00 a.m. to 11:00 a.m. and 1:00 p.m. to 4:00 p.m. when conferences are scheduled except that, with the approval of the Administrative Director, in order to meet operational needs, a district office may require up to one day's notice of a party's intention to walk through a document and may require that documents requiring the creation of a new case file be filed up to one day prior to walking them through.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4053, 4054, 5001, 5002, 5702 and 5710, Labor Code.
s 10940. Application.
All claims against the Subsequent Injuries Fund shall be by an application in writing setting forth the date and nature of the industrial injury, together with all factors of disability alleged to have pre-existed said injury. Allegations of additional factors must be by amended application.
All applications against the Subsequent Injuries Fund shall be filed with the Appeals Board and a copy shall be served by mail on the Division of Workers' Compensation, Subsequent Injuries Fund, in accordance with Sections 10505 and 10507. Where joinder of the Subsequent Injuries Fund has been ordered by the workers' compensation judge or the Appeals Board, the applicant shall forthwith file and serve an application as provided herein.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4750, 4751, 4753, 4753.5 and 4754.5, Labor Code.
s 10942. Service.
Service of all documents directed to the Subsequent Injuries Fund shall be made on the Division of Workers' Compensation, Subsequent Injuries Fund.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4750, 4751, 4753, 4753.5 and 4754.5, Labor Code.
s 10944. Notice of Hearing.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5502, Labor Code.
s 10946. Medical Reports.
When an application is filed against the Subsequent Injuries Fund, any party who has previously filed medical reports shall forthwith serve copies on the Division of Workers' Compensation, Subsequent Injuries Fund, and in no case later than the mandatory settlement conference, unless service is waived by the Division of Workers' Compensation, Subsequent Injuries Fund.
Note: Authority cited: Sections 133 and 5307, Labor Code.
s 10950. Appeal from Order Granting or Denying Petition for Order Requiring Employee to Select Employer-Designated Physician.
(a) Where either party petitions the Workers' Compensation Appeals Board within twenty (20) days pursuant to Section 9787 as the result of a grant or denial pursuant to Section 9786(e)(2) or Section 9786(e)(3) of the Rules of the Administrative Director, the matter shall be referred to a workers' compensation judge for hearing and determination of the issues raised. A party aggrieved by the determination of the workers' compensation judge may seek relief therefrom within the same time and in the same manner specified for petitions for reconsideration. The petition for reconsideration shall be filed in the district office having venue.
(b) Any party aggrieved by an order issued pursuant to Section 9786(e)(4) of the rules of the Administrative Director may petition the Appeals Board for relief therefrom within twenty (20) days from the date of the issuance of the order in the same manner specified for petitions for reconsideration, including the filing of the petition for reconsideration and answers thereto at the district office of the Workers' Compensation Appeals Board from which the decision issued.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4603, 4604 and 5302, Labor Code.
s 10952. Appeal of Notice of Compensation Due.
A notice of compensation due, issued pursuant to Labor Code Section 129, may be appealed by the filing of an Appeal of Notice of Compensation Due with the Workers' Compensation Appeals Board and service of the Appeal of Notice of Compensation Due on the injured worker or dependent and the audit unit within fifteen (15) days of receipt of the notice of compensation due. The Appeal of Notice of Compensation Due shall be filed at or referred to the district office where venue has already been determined by previous filing or application or, if venue has not been determined, a district office in accordance with Labor Code Section 5501.5.
The filing of an objection to a notice of intention to issue notice of compensation due shall be a prerequisite for the filing of an Appeal of Notice of Compensation Due. Failure to timely file an objection to notice of intention to issue notice of compensation due may result in dismissal of the Appeal of Notice of Compensation Due.
The Appeal of Notice of Compensation Due shall set out the factual and legal basis for contesting the notice of compensation due and shall include the audit unit's file number. The Appeal of Notice of Compensation Due shall be accompanied by a copy of the notice of compensation due, a Declaration of Readiness, an Application for Adjudication if one has not been previously filed, and any other documents deemed relevant. The copy of the appeal of Notice of Compensation Due sent to the injured worker shall inform the injured worker of the right to consult an attorney.
The case number assigned to the Application for Adjudication shall be assigned to the Appeal of Notice of Compensation Due.
An Appeal of Notice of Compensation Due shall be set for a hearing before a workers' compensation judge within forty-five (45) days of filing with the Workers' Compensation Appeals Board unless the employee's claim is before the Workers' Compensation Appeals Board on other substantive issues in which case the appeal may be considered with these other issues. The audit unit, insurer, self-insured employer or third party administrator and the injured worker shall receive notice of the date and time of hearing as well as copies of any other notices or orders issued by the Workers' Compensation Appeals Board. Following the hearing, the workers' compensation judge shall issue findings of fact and an order affirming, modifying or rescinding the notice of compensation due, which complies with Labor Code section 5313.
If the injured worker is represented by an attorney, the workers' compensation judge may determine the amount of attorney fees reasonably incurred in resisting the Appeal of Notice of Compensation Due and may assess reasonable attorney fees as a cost upon the employer filing the Appeal of Notice of Compensation Due in accordance with Labor Code section 129(c).
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 129, 5300 and 5301, Labor Code.
s 10953. Petition Appealing Audit Penalty Assessment - Labor Code Section 129.5(g).
An insurer, self-insured employer, or third-party administrator may file a petition appealing from a civil penalty assessment issued pursuant to subdivision (e) of Labor Code section 129.5, together with a Declaration of Readiness requesting a mandatory settlement conference, at the district office of the Workers' Compensation Appeals Board closest to petitioner within seven days after receipt of the notice. If petitioner is domiciled out of state, the petition shall be filed at the San Francisco district office. Petitioner shall attach a copy of the notice of penalty assessment and any other evidence it wishes to submit. Petitioner shall serve upon the Administrative Director copies of all documents filed. Upon stipulation of petitioner and the Administrative Director, the matter may be submitted for decision at the mandatory settlement conference. Otherwise, it shall be set for trial.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 129.5(g), Labor Code.
s 10955. Rehabilitation Appeals.
(a) Appeals from decisions of the Division of Workers' Compensation Rehabilitation Unit or an arbitrator appointed pursuant to Labor Code Sections 4645, subdivisions (b) and (c), shall be commenced as follows:
(1) if an Application for Adjudication is already on file, by filing a Declaration of Readiness and a petition setting forth the reason for the appeal;
(2) if no Application for Adjudication is on file, by filing an application, a Declaration of Readiness, and a petition setting forth the reason for the appeal.
(b) The party appealing from a decision of the Rehabilitation Unit shall file and serve copies of the decision and other documents that the appealing party deems relevant. The opposing party may file and serve copies of whatever additional documents the opposing party deems relevant.
A copy of all pleadings, notices and orders shall be served on the Division of Workers' Compensation, Rehabilitation Unit.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 139.5, 4645 and 5500, Labor Code.
s 10956. Rehabilitation Records.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 139.5, 5708 and 5709, Labor Code.
s 10957. Deposition of Rehabilitation Consultants.
Depositions of Rehabilitation Unit consultants will not be taken except on terms and conditions as ordered by a workers' compensation judge.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor Code.
s 10958. Hearing and Burden of Proof.
Proceedings instituted under Section 10955 shall be assigned, heard and determined in the same manner as proceedings instituted for the collection of other compensation except that the burden of proof shall be on the person disputing the finding or determination of the Rehabilitation Unit.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5708, Labor Code.
s 10960. Operative Effect of Rules 10300 through 10958.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Statutes of 1989, Chapters 892 and 893; and Statutes of 1993, Chapter 121.
s 10961. Operative Effect of Rules 10960 through 10999.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Statutes of 1989, Chapters 892 and 893; and Statutes of 1993, Chapter 121.
s 10963. Administrative Director of the Division of Workers' Compensation.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 110 and 111, Labor Code.
s 10964. Office of Benefit Determination.
Note: Authority cited: Sections 133 and 5309, Labor Code. Reference: Section 124, Labor Code.
s 10965. Application for Adjudication.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5500, Labor Code.
s 10966. Declaration of Readiness to Proceed.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 134, 5500 and 5502, Labor Code.
s 10967. Objection to Declaration of Readiness to Proceed.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 134, 5500 and 5502, Labor Code.
s 10968. Answers.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5500, Labor Code.
s 10969. Procedural Requirements.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5500, Labor Code.
s 10973. Service by the Parties and Lien Claimants.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5316, Labor Code.
s 10974. Service on Attorney or Agent.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5316, Labor Code.
s 10975. Proof of Service by Parties and Lien Claimants.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5316, Labor Code.
s 10976. Hearing.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5502 and 5709, Labor Code.
s 10977. Notice of Hearing.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5504, Labor Code.
s 10978. Physicians' Reports as Evidence.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4620, 4628, 5703, 5708 and 5709, Labor Code.
s 10979. Physicians' Reports.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4620, 5500, 5703, 5708 and 5709, Labor Code.
s 10980. Cross-Examination of Physicians.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution; and Sections 4600 through 5709, Labor Code.
s 10984. Impartial Medical Examiners.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 122 and 139, Labor Code.
s 10985. Disputes Regarding Labor Code Section 4600 Liens.
Note: Authority, Sections 133 and 5307, Labor Code. Reference: Section 4903.4, Labor Code.
s 10986. Binding Arbitration for Lien Claim Disputes.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4903.4, Labor Code.
s 10987. Pre-Application Attorney Fees.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4906, Labor Code.
s 10987.1. Information Request Form.
Note: Authority cited: Sections 133, 5307, 5407 and 5401.7, Labor Code. Reference: Section 5401.5, Labor Code.
s 10987.2. Information Response Form.
Note: Authority cited: Sections 133, 5307 and 5401.6, Labor Code. Reference: Section 5401.6, Labor Code.
s 10987.3. Operative Effect of Rules 10987.1 and 10987.2.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4903 and 4906, Labor Code; and Statutes of 1993, Chapter 121.
s 10988. Reconsideration of Arbitrators' Decisions or Awards.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5277(c), 5275(d), and 5900 through 5911, Labor Code.
s 10989. Report of Arbitrator.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5275(c), 5275(d), and 5900 through 5911, Labor Code.
s 10990. Reconsideration of Settlement Conference Referees' Decisions or Awards.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 111 and 5502, Labor Code.
s 10991. Report of Settlement Conference Referee.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 111 and 5502, Labor Code.
s 10992. Rehabilitation Appeals.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 139.5, 4645(d) and 5500, Labor Code.
s 10995. Mandatory Arbitration.
This rule applies to injuries occurring on or after January 1, 1990.
Any Application for Adjudication that lists one or more disputes involving an issue set forth in Labor Code section 5275, subdivision (a), shall be accompanied by an arbitration submittal form prescribed and approved by the Appeals Board. The arbitration submittal form shall indicate that either:
(1) an arbitrator has been selected pursuant to Labor Code section 5271, subdivision (a), or
(2) an unsuccessful attempt has been made to select an arbitrator and the presiding workers' compensation judge is requested pursuant to Labor Code section 5271, subdivision (b), to assign a panel of five arbitrators.
If the parties have agreed to an arbitrator pursuant to Labor Code section 5271, subdivision (c), the presiding workers' compensation judge shall, within six (6) days of receipt of the arbitration submittal form, order the issue or issues in dispute submitted for arbitration pursuant to Labor Code sections 5272, 5273, 5276 and 5277.
If the arbitration submittal form requests a panel pursuant to Labor Code section 5271, subdivision (b), the presiding workers' compensation judge shall, within six (6) days of receipt of the arbitration submittal form, serve on each of the parties an identical list of five arbitrators selected at random pursuant to Labor Code 5271(b). For each party in excess of one party in the capacity of employer and one party in the capacity of injured employee or lien claimant, the presiding workers' compensation judge shall randomly select two additional arbitrators to add to the panel in accordance with the selection process set forth in Labor Code section 5721, subdivision (c). Each of the parties shall strike two arbitrators from the list and return it to the presiding workers' compensation judge within six (6) days after service. Failure to timely return the list shall constitute a waiver of a party's right to participate in the selection process. If one arbitrator remains, the presiding workers' compensation judge shall, within six (6) days of return of the lists from the parties, order the issue or issues submitted for arbitration before the selected arbitrator pursuant to Labor Code sections 5272, 5273, 5276 and 5277. If more than one arbitrator remains on the panel, the presiding workers' compensation judge shall randomly select an arbitrator from the remaining panelists.
If the parties to the dispute have stricken all the arbitrators from the panel, the presiding workers' compensation judge shall, within six (6) days of receipt of the last of the returned lists, serve on each of the parties to the dispute a new list of five arbitrators and any additional arbitrators required by Labor Code section 5271 subdivision (c) selected at random but excluding the names of the arbitrators on the prior list. Each of the parties to the dispute shall again strike two arbitrators from the list and return it to the presiding workers' compensation judge within six (6) days after service. This procedure shall continue until one or more arbitrators remain on the lists returned to the presiding workers' compensation judge.
The parties shall provide all necessary materials to the arbitrator. The Workers' Compensation Appeals Board file shall remain in the custody of the district office.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5270 through 5277, Labor Code.
s 10996. Voluntary Arbitration.
At any time, the parties may agree to submit any issue for arbitration pursuant to Labor Code section 5275, subdivision (b), by submitting an arbitration submittal form prescribed and approved by the Appeals Board that indicates that the parties have selected an arbitrator from the list prepared by the presiding workers' compensation judge pursuant to Labor Code section 5271, subdivision (a) and by filing an Application for Adjudication if one has not been previously filed.
Within six (6) days of receipt of the arbitration submittal form, the presiding workers' compensation judge shall order the issues in dispute submitted for arbitration pursuant to Labor Code sections 5272, 5273, 5276 and 5277.
Any final decision, order or award from the arbitrator, together with the notice of claim form and the record developed as set forth in Labor Code sections 5276 and 5277, shall be filed with the presiding workers' compensation judge.
If the parties are unable to agree to an arbitrator under Labor Code section 5271, subdivision (a), the parties may agree to follow the procedures for selecting an arbitrator under Labor Code section 5271, subdivision (b) and (c), as set forth in rule 10995.
The parties shall provide all necessary materials to the arbitrator. The Workers' Compensation Appeals Board file shall remain in the custody of the district office.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5270 through 5277, Labor Code.
s 10997. Request for Arbitration.
In no event will arbitration be permitted after the taking of testimony in any proceeding.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5270 through 5277, Labor Code.
s 10998. Disqualification of Arbitrator.
This rule applies to injuries occurring on or after January 1, 1990, except that this rule applies regardless of the date of injury for voluntary arbitration pursuant to Labor Code section 5275, subdivision (b).
After service of a list of panel members pursuant to rule 10995, any party may, within six (6) days, petition the workers' compensation judge to remove any member from the panel pursuant to section 170.1 of the Code of Civil Procedure. In event the presiding workers' compensation judge finds cause under section 170.1 of the Code of Civil Procedure, the presiding workers' compensation judge shall remove the member or members of the panel challenged and add to the original list the appropriate number of arbitrators at random to make a full panel and, within six (6) days, serve the list on the parties.
In event the presiding workers' compensation judge selects an arbitrator pursuant to rule 10995, the parties will have six (6) days after service of the name of the arbitrator to petition to disqualify that arbitrator pursuant to section 170.1 of the Code of Civil Procedure. If the presiding workers' compensation judge finds cause, the presiding workers' compensation judge shall assign another arbitrator pursuant to Labor Code section 5271, subdivision (d) and order the issue or issues in dispute submitted to that arbitrator.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5271(d), Labor Code.
s 10999. Arbitrator Fee and Cost Disputes.
Any dispute involving an arbitrator's fee or cost shall be resolved by the presiding workers' compensation judge of the appropriate local office or, in his or her absence, the acting presiding workers' compensation judge.
Any request to resolve a dispute about arbitrator fees or costs must be accompanied by any written agreement pertaining to arbitrator fees or costs and a statement that shall include the nature of the dispute and an itemization of the hours spent in actual arbitration hearing, in preparation for arbitration, and in preparation of the decision. The statement shall also include an itemization of the verifiable costs including use of facility, reporters and transcript preparation.
An arbitrator fee shall not exceed a reasonable amount. In establishing a reasonable fee, the Presiding Workers' Compensation Judge shall consider:
(a) responsibility assumed by the arbitrator;
(b) experience of the arbitrator;
(c) number and complexity of the issues being arbitrated;
(d) time involved; and
(e) expeditiousness and completeness of issue resolution.
The presiding workers' compensation judge of each local office shall maintain statistics on all arbitration fees awarded pursuant to Labor Code section 5273(c) including the amount thereof and rationale or basis for the award pursuant to (a) through (e) herein above.
Arbitration costs will be allowed in a reasonable amount pursuant to Labor Code section 5273, subdivision (a).
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5273(c), Labor Code.
<<(Chapter Originally Printed 4-20-45)>>
(Order No. MW-98, Effective 1-1-98)
s 11000. Order Regulating the Minimum Wage.
1. Applicability -The provisions of this Order shall not apply to outside salespersons and individuals who are the parent, spouse, or children of the employer previously contained in this Order and the IWC's industry and occupation orders. The IWC has eliminated other exemptions from the minimum wage previously contained in this Order and in sections of the IWC's industry and occupation orders. (See Section 5, Amended Provisions, below.) Exceptions and modifications provided by statute or in Section 1, Applicability, and other sections of the IWC's industry and occupation orders may be used where any such provisions are enforceable and applicable to the employer.
2. Minimum Wages -Every employer shall pay to each employee wages not less than six dollars and twenty-five cents ($6.25) per hour for all hours worked, effective January 1, 2001, and not less than six dollars and seventy-five cents ($6.75) per hour for all hours worked, effective January 1, 2002.
3. Meals and Lodging -Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer's minimum wage obligation, the amounts so credited may not be more than the following:
Effective Effective
Lodging - January 1, 2001 January 1, 2002
Room occupied alone $29.40 per week $31.75 per week
Room shared $24.25 per week $26.20 per week
Apartment -two-thirds
(2/3) of the ordinary
rental value, and in no
event more than: $352.95 per month $381.20 per month
Where a couple are
both employed by the
employer, two-thirds
(2/3) of the ordinary
rental value, and in no
event more than: $522.10 per month $563.90 per month
Meals -
Breakfast $2.25 $2.45
Lunch $3.10 $3.35
Dinner $4.15 $4.50
4. Separability -If the application of any provision of this Order, or any section, subsection, subdivision, sentence, clause, phrase, word or portion of this Order should be held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.
5. Amended Provisions -This order amends the minimum wage and meals and lodging credits in MW-98, as well as in the IWC's industry and occupation orders. (See Orders 1-15, Secs. 4 and 10; and Order 16, Secs. 4 and 9.) This Order also amends the following other provisions of the IWC's industry and occupations orders to be consistent with the IWC's actions regarding the elimination of certain exemptions from the minimum wage: Order 1, Secs. 1(B) and 4(A)(1) and (2); Order 2, Secs. 1(B) and 4(A)(1) and (2); Order 3, Secs. 1(B) and 4(A)(1) and (2); Order 4, Secs. 1(B) and 4(A)(1) and (2); Order 5, Secs. 1(A) and (C), and 4(A)(1) and (2); Order 6, Secs. 1(B) and 4(A)(1) and (2); Order 7, Secs. 1(B) and 4(A)(1) and (2); Order 8, Secs. 1(B) and 4(A)(1) and (2); Order 9, Secs. 1(B) and 4(A)(1) and (2); Order 10, Secs. 1(B) and (D), and 4(A)(1) and (2); Order 11, Secs. 1(B) and (C) and 4(A)(1) and (2); Order 12, Secs. 1(B) and (C) and 4(A)(1) and (2); Order 13, Secs. 1(B) and 4(A)(1) and (2); Order 14, Secs. 1(B) and 4(A)(1) and (2); Order 15, Secs. 1(B) and 4(A)(1) and (2); and, Order 16, Sec. 1(B). These amendments were adopted on October 23, 2000 in Sacramento.
These Amendments to the Wage Orders shall be in effect as of January 1, 2001
Note: Authority cited: Sections 517 and 1173, Labor Code; and California Constitution, Article XIV, Section 1. Reference: Sections 517, 1182 and 1184, Labor Code.
(Wage Order 1-2001, Effective 1-1-2001)
s 11010. Order Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry.
1. Applicability of Order This order shall apply to all persons employed in the manufacturing industry whether paid on a time, piece rate, commission, or other basis, except that: (continued)