Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following documents may be submitted
on a walk-through basis without a party filing a Declaration of Readiness to
Proceed or the Workers' Compensation Appeals Board serving a notice of hearing:
(1) Compromise and Releases;
(2) Stipulations with Request for
Award;
(3) Petitions for attorney's
fees for representation of the applicant at a deposition;
(4) Petitions to compel attendance at a
medical examination or deposition; and
(5) Petitions for Costs pursuant to rule
10545.
(b) The following
procedures shall be followed for filing walk-through documents:
(1) A walk-through settlement document (i.e.,
a Compromise and Release or a Stipulations with Request for Award), and all
supporting medical reports and other supporting documents not previously filed,
shall be filed directly with the workers' compensation judge at the date and
time of the walk-through. Permanent and stationary medical or medical-legal
reports shall be indicated as such. In addition, each walk-through settlement
document (i.e., a Compromise and Release or a Stipulations with Request for
Award) shall be accompanied by a proof of service showing that the settlement
document was served on all other parties to the settlement, on any defendant
not executing the settlement who may be liable for the payment of additional
compensation, and on all lien claimants whose liens have not been resolved. A
case opening settlement document being submitted for a walk-through shall be
submitted no later than noon (12:00 p.m.) of the court day before any action on
the walk-through, and shall be designated as a walk-through document. All
documents in support of the settlement document shall be submitted at the
walk-through with the assigned workers' compensation judge.
(2) A walk-through petition (i.e., a petition
for deposition attorney's fees, a petition for costs or a petition to compel
attendance at a medical examination or deposition) and all other documents
relating to the walk-through petition, including any supporting documentation
shall be filed directly with the workers' compensation judge at the date and
time of the walk-through. The party presenting the walk-through petition shall
use the appropriate form, document cover sheet, and document separator sheet.
In addition, at the date and time of the walk-through, the party filing the
walk-through petition shall file a proof of service directly to the workers'
compensation judge, as follows:
(A) For a
petition for attorney's fees for representation of the applicant at a
deposition, a proof of service showing service on the injured worker and the
defendant alleged to be liable for paying the fees.
(B) For a petition to compel attendance at a
medical examination or deposition, a proof of service showing service on the
injured worker, the injured worker's attorney and all
defendants.
(c)
Each district office shall have a designee of the presiding workers'
compensation judge available to assign walk-through cases from 8:00 a.m. to
11:00 a.m. and 1:00 p.m. to 4:00 p.m. on court days.
(d) When appearing for the walk-through
proceeding, the party filing the walk-through document shall appear before the
district office staff person designated by the presiding workers' compensation
judge to assign the walk-through document to a workers' compensation judge. The
filing party shall then appear before the assigned workers' compensation judge.
If the assigned workers' compensation judge is unavailable for any reason, the
filing party shall then proceed to the presiding workers' compensation judge
for possible reassignment to another workers' compensation judge.
(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.
(f) A walk-through document may be acted on
only by 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 document may be filed at any office having venue over an
existing case that is a subject of 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 acted on by any workers' compensation judge except
as follows:
(1) If a workers' compensation
judge has taken testimony, any walk-through document in that case must be acted
on by the judge who took testimony if that workers' compensation judge works at
the district office to which the case is assigned, unless the presiding
workers' compensation judge allows it to be acted on by another workers'
compensation judge.
(2) If a
workers' compensation judge has reviewed a document and declined to approve it,
a walk- through document in that case must be acted on by the same workers'
compensation judge, if that workers' compensation judge works at the district
office to which the case is assigned, unless the presiding workers'
compensation judge allows it to be acted on by another workers' compensation
judge.
(h) A workers'
compensation judge who is presented with a walk-through petition for attorney's
fees, petition for costs or petition to compel attendance shall issue an order
in compliance with rule 10832.
1.
Renumbering and amendment of former section
10417 to section 10789 filed
12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to
Government Code section
11351
(Register 2019, No. 51).
Note: Authority cited: Sections
133 and
5307, Labor
Code. Reference: Sections
4053,
4054,
5001,
5002,
5702 and
5710, Labor
Code.
