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 8 - Petitions Related to Administrative Orders
Section 10560 - Petitions Related to Orders Issued by the Division of Workers' Compensation Administrative Director or the Director of Industrial Relations
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Where the Labor Code provides that the Workers' Compensation Appeals Board has jurisdiction over appeals from or enforcement of an order, any aggrieved party may appeal or seek to enforce an order issued by the Division of Workers' Compensation Administrative Director or the Director of Industrial Relations by filing a petition, and an Application for Adjudication of Claim if one has not already been filed.
(b) Any petition that fails to comply with any of the following requirements may be subject to summary dismissal:
(c) The petition shall set forth specifically and in full detail the factual and/or legal grounds upon which the petitioner considers the determination of the Administrative Director or the Director to be unjust or unlawful, and every issue to be considered. The petitioner shall be deemed to have finally waived all objections, irregularities and illegalities concerning the determination other than those set forth in the petition.
(d) The petition shall be adjudicated by a workers' compensation judge at the trial level of the Workers' Compensation Appeals Board utilizing the same procedures applicable to claims for ordinary benefits, including but not limited to the setting of a mandatory settlement conference and trial.
(e) Where a workers' compensation judge has issued a final decision, order or award, any aggrieved party may file a petition for reconsideration with the Workers' Compensation Appeals Board.
1.
Repealer and new section heading and section and amendment of 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. New
article 8 heading and repealer and new section 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 129, 4603, 4604, 5300, 5301 and 5302, Labor Code.