Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 1. General
The regulation, as printed
As used in this subchapter: (a) “Administrative Director” means the Administrative Director of the Division of Workers' Compensation or a designee. (b) “Appeals Board” means the commissioners and deputy commissioners of the Workers' Compensation Appeals Board acting en banc, in panels or individually. (c) “Appearance” means a party or their representative's presence, pursuant to Labor Code section 5700, at any hearing. (d) “Applicant” or “injured employee” or “injured worker” or “dependent” means any person asserting a right to relief under the provisions of Labor Code section 5300. (e) “Claims administrator” means an entity that reviews or adjusts workers' compensation claims on behalf of either (1) an insurer or (2) an employer that has secured a certificate of consent to self-insure from the Department of Industrial Relations, whether employed directly or as a third party. (f) “Defendant” means any person against whom a right to relief is claimed. (g) “Director” means the Director of Industrial Relations or a designee. (h) “District office” means a location of a trial court of the Workers' Compensation Appeals Board and includes a permanently staffed satellite office. (i) “Electronic” means by any available technological means. (j) “Electronic Adjudication Management System” or “EAMS” means the computerized case management system used by the Division of Workers' Compensation to electronically store and maintain adjudication files and to perform other case management functions. (k) “En Banc decision” means a decision of the Appeals Board as a whole, issued in order to achieve uniformity of decision or in a case presenting novel issues, that is binding on panels of the Appeals Board and workers' compensation judges as legal precedent under the principle of stare decisis. ( l ) “Entity” means a corporation, limited liability company, limited partnership, general partnership, limited liability partnership, sole proprietorship or any other organizational structure. (m) “Filing” a document means receipt and acceptance by the Workers' Compensation Appeals Board of the document for the purpose of having it included in the adjudication file. (n) “Hearing” means any trial, mandatory settlement conference, status conference, lien conference, lien trial or priority conference conducted by the Workers' Compensation Appeals Board. (o) “Lien claimant” means any person or entity claiming payment under the provisions of Labor Code section 4903 et seq., including a claim of costs filed as a lien. (p) “Non-attorney representative” means a person who is not licensed to practice law by the State of California who acts on behalf of a party in proceedings before the Workers' Compensation Appeals Board as allowed by Labor Code sections 5700 and 4907. (q) “Party” means any person or entity joined in a case, including but not limited to: (1) An applicant; (2) A defendant; or (3) A lien claimant. (r) “Presiding workers' compensation judge” means the presiding workers' compensation judge of any district office and includes workers' compensation judges designated to perform the functions of a presiding workers' compensation judge. (s) “Section 4903(b) lien” means a lien claim filed in accordance with Labor Code section 4903(b) for medical treatment expenses incurred by or on behalf of the injured employee, as provided by Article 2 (commencing with Labor Code section 4600), including but not limited to expenses for interpreter services, copying and related services and transportation services incurred in connection with medical treatment. It shall not include any amount payable directly to the injured employee. (t) “Service” of a document means to deliver a copy of the document in a manner permitted by these rules to a party or other person. (u) “Significant panel decision” means a decision of the Appeals Board that has been designated by all members of the Appeals Board as of significant interest and importance to the workers' compensation community. Although not binding precedent, significant panel decisions are intended to augment the body of binding appellate and en banc decisions by providing further guidance to the workers' compensation community. (v) “Status conference” means a proceeding set for the purpose of ascertaining if there are genuine disputes requiring resolution, of providing assistance to the parties in resolving disputes, of narrowing the issues, and of facilitating preparation for trial if a trial is necessary. (w) “Submission” means the closing of the record to the receipt of further evidence or argument. (x) “Testimony” means oral evidence given under oath pursuant to Labor Code sections 5704 and 5708. (y) “Walk-through document” means a document that is presented to a workers' compensation judge for immediate action where no notice of hearing has issued. (z) “Workers' Compensation Appeals Board” means the commissioners and deputy commissioners of the Appeals Board, presiding workers' compensation judges and workers' compensation judges. (aa) “Workers' compensation judge” means “workers' compensation administrative law judge” (formerly, “referee”) and includes pro tempore judges appointed pursuant to section 10350.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 20, 110(a), 5300, 5307, 5309, 5500, 5500.3, 5501, 5501.5, 5501.6, 5502, 5700 and 5701, Labor Code.
1. Renumbering of former section 10301 to section 10305, 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). 2. Amendment filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).
What panels did with this rule
Released decisions that named § 10305, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16767852 · 2025-05-09 · Pomona District Office8 CCR § 10305
Determinative passage · p.2DISCUSSION WCAB Rule 10305(c) states that: "'Appear'" means to act on behalf of any party." Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a).) A WCJ may issue a notice of intention pursuant to WCAB Rule 10832 for failure to comply with this rule. (Cal. Code Regs., tit. 8, § 10752(e), 10832.) Further, WCAB Rule 10832(e) states that "An order with a clause rendering the order null and void if an objection is received is not a Notice of Intention and must be served by the Workers' Compensation Appeals Board." Here, applicant's attorney appeared at the trial on November 16, 2023, and therefore, there was no violation of WCAB Rule 10752(a). As there was no basis for a notice to dismiss, the Order is void ab initio. We also note that since the Order stated that it would be effective if there was no timely objection and without a further order (a "self destruct" order), it should have been served by the WCAB, and the WCJ's choice to designate service to defendant provides another basis for our conclusion that the Order is void.
Applicant's attorney appeared at trial, so no violation of appearance rule; order was void ab initio and improperly served.
Official decision · page 2 → - ADJ20015360 · 2024-12-06 · Los Angeles District Office8 CCR § 10305
Determinative passage · p.1It has come to the attention of the Appeals Board that defendant City of Los Angeles has sought reconsideration of the decision issued on June 4, 2024, by a workers' compensation arbitrator (WCA) under Labor Code1 section 3201.7. The Petition for Reconsideration is attached as an exhibit to the Writ of Review filed with the Second Appellate District on October 28, 2024, and served on the Appeals Board at WCABWritUnit@dir.ca.gov.
The Appeals Board reviewed the procedural history and rules regarding filing and timeliness, accepted the petition despite email filing error, and granted reconsideration to ensure due process.
Official decision · page 1 → - ADJ13725819 · 2023-09-29 · Redding District Office8 CCR § 10305
Determinative passage · p.5Turning to appearances at trial, WCAB Rule 10752, subdivision (a) requires that: "each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief." (Cal. Code Regs., tit. 8, § 10752(a), emphasis added.) Pursuant to WCAB Rule 10305(c), "`Appearance' means a party or their representative's presence, pursuant to section 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c), emphasis added.) Section 5700 provides in relevant part that: "Either party may be present at any hearing, in person, by attorney, or by any other agent...." (Lab. Code, § 5700.) These rules presume that an appearance is made by a natural person,5 whether licensed or not, and that an "appearance" is not made by a legal entity, such as a law firm. That is, because the statutory and regulatory scheme presumes that representation is by a natural person, the appearance requirement also presumes that an appearance is by a natural person. Hence, by the same logic, only a natural person can fail to appear.
Applicant appeared at trial, satisfying the appearance requirement; a legal entity cannot fail to appear, so the attorney's non-appearance was not a failure to appear.
Official decision · page 5 → - ADJ16801627 · 2023-09-15 · Fresno District Office8 CCR § 10305
Determinative passage · p.1Labor Code section 5700 provides in relevant part that: "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." WCAB Rule 10305(c) states that: "'Appearance' means a party or their representative's presence, pursuant to Labor Code 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c).) WCAB Rule 10752, subdivision (a) requires that: "each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief," and subdivision (d) states in pertinent part that: "Any appearance not required by this rule may be noticed pursuant to rule 10642 or ordered by the Workers' Compensation Appeals Board." (Cal. Code Regs., tit. 8, § 10752(a), (d).)
Defines 'appearance' for parties or representatives at hearings.
Official decision · page 1 → - ADJ15597591 · 2022-09-12 · Pomona District Office8 CCR § 10305
Determinative passage · p.2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
The appearance of applicant's representative satisfied the appearance requirement.
Official decision · page 2 →
Rules beside this one
Article 1. General — regulations rarely stand alone, and the answer is often two sections away.