Former WCAB Rules 10349, 10507, 10508, 10392
An objection to an order must be filed within 20 days to be effective; filing is effective upon receipt by the WCAB.
The defendant's objection was dated March 26, 2019 but was not received by the WCAB until April 5, 2019, after the 20-day deadline, making the objection ineffective and the Order Allowing Costs effective on April 2, 2019.
From the decision · page 4DISCUSSION
Former WCAB Rule 10349 stated that: "[a]n order with a clause rendering the order null
and void if an objection showing good cause is filed within ten (10) days shall be deemed
equivalent to a ten (10) day notice of intention." (Former Cal. Code Regs., tit. 8, § 10349 [self-
destruct order].) We observe that in 2020, when the Appeals Board issued a complete overhaul of
the Rules of Practice and Procedure, former WCAB Rule 10349 was rescinded.3 One of the bases
for its rescission is the very problem posed here: how does the WCAB determine when an order
self-destructed; said another way: when is a self-destruct order effective?
Here, the WCJ issued the self-destruct Order providing that cost petitioner's petition for
costs was granted if there was no objection within 15 days. The Order is dated March 6, 2019, and
service was designated to cost petitioner. The Order was served by mail on March 13, 2019, and
March 13, 2019 is the effective date of issue. Under former WCAB Rules 10507 and 10508 (former
Cal. Code Regs., tit.
Labor Code section 5307.9
Labor Code section 5307.9 requires a prior request before issuing subpoenas for records; failure to make such a request makes the section inapplicable.
The WCJ found no evidence that applicant's attorney made a prior request before subpoenas were issued, so Labor Code section 5307.9 does not apply to bar payment for the medical-legal services.
From the decision · page 6or the insurer prior to requesting that a subpoena issue for records. Thus, a failure to make such a
request is immaterial. Here, there is no evidence that applicant's attorney made such a request.
Therefore, Labor Code section 5307.9 does not apply.