California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4.5 - Division of Workers' Compensation
Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure
Article 2 - Powers, Duties and Responsibilities
Section 10346 - Authority of Presiding Workers' Compensation Judge to Assign or Transfer Cases
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The presiding workers' compensation judge has full responsibility for the assignment of cases to the workers' compensation judges of each office and may utilize EAMS to assign cases.
(b) In the event of the death, extended absence, unavailability, retirement or disqualification of the workers' compensation judge, the presiding workers' compensation judge may reassign a case to another workers' compensation judge. Where testimony has been received, the new workers' compensation judge shall recommence the proceeding unless the parties agree to waive the requirements of Labor Code section 5700.
(c) To the extent practicable and fair, supplemental proceedings shall be assigned to the workers' compensation judge who heard the original proceedings.
(d) Any conflict that may arise between presiding workers' compensation judges of different district offices respecting assignment of a case, venue or priority of hearing where there is conflict in calendar settings will be resolved by a deputy commissioner of the Appeals Board.
(e) If a Compromise and Release or Stipulations with Request for Award have not been approved, disapproved or noticed for trial on the issue of adequacy and other disputed issues within 45 days after filing, the file shall be transferred to the presiding workers' compensation judge for review.
1.
Amendment of section and NOTE filed 12-19-2002; operative 1-1-2003. Submitted
to OAL for printing only pursuant to Government Code section 11351 (Register
2002, No. 51).
2. Amendment of section and NOTE filed 11-17-2008;
operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No.
47).
3. Amendment of section heading, section and NOTE 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, 5307, 5309 and 5708, Labor Code. Reference: Sections 5309, 5310 and 5700, Labor Code.
