Pending Regulatory Changes to WCAB Rules

Wednesday, December 31, 1969 | 0

The following is a list of regulatory changes pending relative to workers' compensation practice before the California Workers'Compensation Appeals Board (WCAB):

10414. Declaration of Readiness to Proceed applicable to all dates of injury, state under penalty of perjury specific efforts to resolve issues and ready to proceed to trial unless requesting a status conference, false declaration subject's declarant to 5813 sanction
10415. Declaration of Readiness to Proceed to Expedited Hearing - new section re new form
10416. Objection to Declaration of Readiness to Proceed - time to object is 6 days
10136. Filing the Request. -amended to reflect filing of DOR to Proceed to Expedited Hearing in place of Application for Adjudication of Claim and Request for Expedited Hearing.
10890. Walk-Through Documents - new section regulating the walk through of documents
10300. Adoption, Amendment or Rescission of Rules. - notices to be sent under LC 5307 and 5307.4 shall be served not less than 30 days by fax, mail, e-mail or any similar technology
10301. Definitions - various definition changes consistent with other regulatory changes affecting DORs, expedited hearings, etc.
10302. Working Title of Referees and Referees in Charge - referees are judges
10304. Article and Section Headings - titles of sections are not limiting
10306. Index of Cases technical changes from WCAB to DWC
10308. Official Address Record adds lien claimants to mandatory address record
10322. Workers' Compensation Appeals Board Records Not Subject to Subpoena deletes section 9990 from reference
10324. Ex Parte Communications adds lien claimants to list of parties from whom ex parte communications prohibited
10340. Appeals Board Decisions and Orders list of orders, decisions and award to be issued by WCAB
10342. Appeals Board, Member Orders - orders by WCAB member only
10344. Appeals Board, Commissioner, Deputy Commissioner and Presiding Workers' Compensation Judge Orders Orders, etc., that may be issued only by the Appeals Board, a commissioner, a deputy commissioner or a presiding workers' compensation judge
10346. Assignment or Transfer of Cases adds subsection that file to go to presiding WCJ if action not taken on C&R or Stip in 45 days
10348. Authority of Workers' Compensation Judges eliminates trial relative to cases referred to WCJs and their authority
10349. Orders Equivalent to Notices of Intention orders with self destruct clauses same as notice of intention
10350. Trials: Appointment and Authority of Pro Tempore Workers' Compensation Judges - Regular Hearings changed to trials
10351. Conference Hearings: Appointment and Authority of Pro Tempore Workers' Compensation Judges pre trials changed to mandatory settlement conferences, standby calendar changed to status conferences
10352. Reconsideration of Pro Tempore Workers' Compensation Judge's Orders, Decisions or Awards pro tempore judge orders subject to reconsideration
10353. Settlement Conference Authority eliminates settlement conference referee from list of powers and authority in settlement conferences, allows continuance on showing of good cause
10360. Necessary Parties - any applicant must join injured worker in proceedings
10364. Parties Applicant - specifically states that lien claimants may become parties where injured worker case settles by C&R or IW drops case
10380. Joinder of Parties - settlement conference referee eliminated
10390. Place and Time of Filing Documents - adds Reg 10843 to reference
10392. Form and Size Requirements for Filed Documents - self explanatory
10395. Improper Filing of Documents - additions to list of documents not to be filed
10400. Applications - deletes distinction between applications for injuries between 1/1/90 and 1/1/94
10401. Separate Application for Each Injury - self explanatory
10402. Minors, Incompetents as Applicants - eliminates reference to injuries before 1/1/90
10404. Labor Code Section 4906(g) Statement - penalty of perjury statement re LC 139.3
10405. Request for Findings of Fact - minor grammatical change
10406. Pre-Application and Miscellaneous Proceedings - deleted
10407. Dismissal of Claim Form--Labor Code Section 5404.5 renumbered to 10583
10408. Forms of Application - subsections deleted, others renumbered
10417. Setting the Case - deletes window period distinction and eliminates 5502 reference
10418. Letters of Appointment for Medical Examinations - deletes window period distinction
10445. Allegations - deletes language re failure to state basis of S&W is cause for dismissal
10447. Pleadings - deletes language re failure to state basis of the charge is cause for dismissal
10450. Petitions - do not attach docs previously filed when filing a petition
10453. Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge - changes regular hearing to trial, grants injured worker one automatic change of trial judge
10462. Petition to Terminate Liability; Filing - failure to petition within 10 days of terminating may result in loss of credit
10464. Contents of Petition to Terminate Liability - grammatical corrections
10466. Objections to Petition, Hearing, Interim Order - objections to petitions to terminate to be accompanied by DOR for Expedited Hearing
10470. Medical Reports - deleted
10480. Answers - deletes window period distinctions
10484. Procedural Requirement - statement changed to proof
10490. Demurrer, Judgment on the Pleadings, and Summary Judgment Not Permitted; Unintelligible Pleadings - addition to impermissible motions, WCJ may take necessary action re unintelligible pleadings.
10758. Destruction of Case Files - amendment to permit WCAB to destroy files after 5 years from filing of opening documents.

Comments may be entered on these proposed sections by going to http://www.dir.ca.gov/dwc/DWCWCABForum/2.asp.

Source: WCC