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 10360 - Testimony of Judicial or Quasi-Judicial Officers
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) No judicial or quasi-judicial officer of the Workers' Compensation Appeals Board or of the Division of Workers' Compensation may be subpoenaed or ordered to testify regarding either:
(b) The testimony of a judicial or quasi-judicial officer shall be given only on the terms and conditions ordered by the presiding workers' compensation judge of the district office having venue, or by the Appeals Board, after the filing of a "Petition to Compel the Testimony of a Judicial or Quasi-Judicial Officer."
(c) The other parties, lien claimants, and the DWC-Legal Unit shall have 15 days within which to file any objection to the petition to compel.
(d) The petition to compel shall be determined:
(e) The petition may be determined on the pleadings submitted or, in the discretion of the presiding workers' compensation judge, the deputy commissioner or the Appeals Board, the petition may be set for a hearing. In determining whether to grant the petition to compel, the presiding workers' compensation judge, the deputy commissioner or the Appeals Board may consider, among other things:
(f) For purposes of this rule, the term "judicial or quasi-judicial officer of the Workers' Compensation Appeals Board or of the Division of Workers' Compensation" shall include, but shall not be limited to:
(g) For the purposes of this rule, the term "testify" shall include testimony in either oral or written form (e.g., affidavits, declarations or interrogatories) and shall include all testimony, whether given at a deposition or a hearing.
(h) This rule shall apply solely to testimony sought in connection with a matter within the jurisdiction of the Workers' Compensation Appeals Board, and it shall not apply to testimony sought pursuant to the authority of any other forum.
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. Repealer of article 3 heading,
renumbering of former section 10360 to section
10380 and renumbering of former
section 10593 to section 10360, including
amendment of 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 5300, 5301, 5309, 5311, 5700, 5701 and 5708, Labor Code; Section 641, Code of Civil Procedure; and Section 703.5, Evidence Code.