Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All documents except the medical reports
of treating physicians, secondary physicians, qualified or agreed medical
evaluators and proposed exhibits, shall be filed in accordance with the
following standards:
(1) Only one side of
each paper shall be used;
(2) All
documents shall be printed with black ink on white paper that is 8 1/2 x11
inches and at least twelve pound weight. All margins shall be at least 1 inch
and shall be without typed or handwritten text in any margin;
(3) The first page shall include a case
caption that shall include the name of the injured worker or dependent claiming
benefits, the name of the employer and the employer's insurer or indicating the
employer is self-insured and a case number if one has been assigned by the
district office. If a case number has been assigned the number shall be
preceded by the abbreviation "ADJ";
(4) All non-form legal pleadings shall
contain a heading above the case caption containing the name of the filing
attorney and their state bar membership number and the attorney's law firm name
and address;
(5) Except as
otherwise provided in this section or section
10205.10, all OCR forms and
documents shall be printed in Times New Roman, Times, Courier, Palatino,
Century Schoolbook or similar serif font of at least 12 points in
size;
(6) Except as otherwise
provided in section
10205.10, all text added to the OCR
forms shall be in capital letters.
(7) Response to the request on the OCR forms
for social security numbers is optional, not mandatory.
(8) A list of body part codes is provided
with the document cover sheet form and posted on the Division of Workers'
Compensation website (http://www.dir.ca.gov/forms.html). The codes shall be
used on OCR forms to describe the part of the body injured.
(9) A list of district office codes for place
of venue is provided with the document cover sheet form and posted on the
Division of Workers' Compensation website (http://www.dir.ca.gov/forms.html).
The codes shall be used on OCR forms to describe the district office
venue.
(10) No single document
shall exceed 25 pages in length without the prior permission of the appeals
board or the presiding workers' compensation administrative law judge of the
district office with venue over the case;
(11) The text of a document shall be double
spaced or one and one half spaces; however, captions, headings, headers,
footnotes, footers and block quotations shall be single spaced.
(12) The documents shall be flat, without
folds and without staples.
(13) OCR
forms have bar codes at the top of the document. No other documents shall have
bar codes on the top of the document.
(b) All documents shall be filed with
document cover sheets and document separator sheets as follows:
(1) A completed document cover sheet shall be
the first page of each individual document or set of documents filed at one
time in the same case. The cover sheet provides space for information regarding
15 companion cases. Only the pages filled out need to be filed. A document
separator sheet shall precede each document within a set of
documents.
(2) If an individual
document includes an attachment, a completed document separator sheet shall
precede the attachment and if an individual document includes multiple
attachments, a document separator sheet shall precede each individual
attachment. A document separator sheet shall not be placed between a document
and the proof of service for that document. Where one proof of service is used
for multiple documents, a document separator sheet shall precede the proof of
service.
(3) A list of document
titles is provided with the document separator sheet form and posted on the
Division of Workers' Compensation website (http://www.dir.ca.gov/forms.html).
The document titles shall be used on document separator sheet to describe the
attached document.
(4) The document
separator sheet requires the filer to list the product delivery units, as
defined in section
10205(dd), the
date of the attached document, and the author of the attached
document.
(5) This subdivision
shall not apply to any unrepresented employees, unrepresented dependents or
unrepresented uninsured employers who do not have ready access to document
cover sheets and document separator sheets.
(c) Oversized documents shall be filed only
at the time of trial in accordance with the provisions of section
10603.
(d) If an unrepresented worker, an
unrepresented uninsured employer, or an unrepresented dependent does not have
ready access to a computer or typewriter and compliance with subdivisions
(a)(3) and (a)(5) is not feasible, a hand-printed document may be submitted.
Any hand-printed document shall be legible and shall otherwise comply with
subdivision (a), including the requirements of subdivision (a)(3) regarding
margins and text in the margins.
1.
Renumbering of former section
10232 to new section 10205.12,
including amendment of subsections (a)(5)-(6) and (b)(4) and amendment of NOTE,
filed 12-10-2012 as a change without regulatory effect pursuant to section
100, title 1, California Code of
Regulations by the Division of Workers' Compensation and as a file and print by
the Workers' Compensation Appeals Board pursuant to Government Code section
11351
(Register 2012, No. 50).
2. Amendment of subsection (b)(4) filed
12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government Code
section
11346.1(d)
(Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL
by 7-1-2013 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of subsection (b)(4) refiled 6-26-2013
as an emergency; operative 7-1-2013 pursuant to Government Code section
11346.1(d)
(Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL
by 9-30-2013 or emergency language will be repealed by operation of law on the
following day.
4. Amendment of subsection (b)(4) refiled 9-30-2013
as an emergency; operative 10-1-2013 pursuant to Government Code section
11346.1(d)
(Register 2013, No. 40). A Certificate of Compliance must be transmitted to OAL
by 12-30-2013 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 9-30-2013 order
transmitted to OAL 11-8-2013 and filed 12-16-2013 (Register 2013, No.
51).
Note: Authority cited: Sections
111,
133 and
5307.3, Labor
Code; and Stats. 2011, c. 559, §
17 (A.B. 1426). Reference: Section
126, Labor
Code.
