This section has been repealed. It stays here because decisions applied it while it stood, and those decisions are unreadable without it. Do not rely on it as current law.
Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 2. Powers, Duties and Responsibilities
The regulation, as printed
The state publishes this section as a document rather than as text. Open the official copy below.
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section !, Labor Code.
1. New section filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). For prior history, see Register 96, No. 43. 2. Repealer filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10349, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ11138323 · 2021-11-08 · Marina Del Rey District Office8 CCR § 10349
Determinative passage · p.3The WCAB Rules provide in relevant part that "The Workers' Compensation Appeals Board may issue a notice of intention for any proper purpose...; [i]f an objection is filed within the time provided, the Workers' Compensation Appeals Board, in its discretion may... [i]ssue an order consistent with the notice of intention together with an opinion on decision; or... [s]et the matter for hearing." (Cal. Code Regs., tit. 8, § 10349.) Here, the issue in defendant's petition to dismiss the case was due to applicant's inactivity for longer than a year pursuant to WCAB Rule 10582. Defendant contends dismissal is proper since the matter had remained off calendar for over one year after the Application for Adjudication of Claim had been filed. However, once the parties appeared before the WCJ at the May 7, 2021, inactivity was no longer an issue. The WCJ then issued the NIT on May 12, 2021 without having held another hearing. The only plausible grounds for the WCJ to issue an NIT would be due to applicant's failure to appear at the May 7, 2021 hearing. Had the WCJ issued an NIT on those grounds, the aggrieved party could have objected and requested a hearing. If no party objected, then the Order would become final.
If objection is filed, the Board may issue order consistent with notice or set matter for hearing.
Official decision · page 3 → - ADJ14907929 · 2021-10-20 · Riverside District Office8 CCR § 10349
Determinative passage · p.5The WCAB Rules provide in relevant part that "The Workers' Compensation Appeals Board may issue a notice of intention for any proper purpose...; [i]f an objection is filed within the time provided, the Workers' Compensation Appeals Board, in its discretion may... [i]ssue an order consistent with the notice of intention together with an opinion on decision; or... [s]et the matter for hearing." (Cal. Code Regs., tit. 8, § 10349.) Here, the WCJ did not issue a Notice of Intention, but rather issued the Orders without making a record at the hearing. Had the WCJ issued a Notice of Intention, the aggrieved party could have objected and requested a hearing. If no party objected, then the Order would become final.
The WCJ did not issue a Notice of Intention, thus depriving parties of the opportunity to object and request a hearing.
Official decision · page 5 → - ADJ11508555 · 2021-09-21 · Van Nuys District Office8 CCR § 10349
Determinative passage · p.4The WCAB Rules provide in relevant part that "The Workers' Compensation Appeals Board may issue a notice of intention for any proper purpose...; [i]f an objection is filed within the time provided, the Workers' Compensation Appeals Board, in its discretion may... [i]ssue an order consistent with the notice of intention together with an opinion on decision; or... [s]et the matter for hearing." (Cal. Code Regs., tit. 8, § 10349.) Here, the WCJ did not issue a Notice of Intention, but rather issued the Order with no hearing. Had the WCJ issued a Notice of Intention, the aggrieved party could have objected and requested a hearing. If no party objected, then the Order would become final.
Applied to find that the WCJ failed to issue a notice of intention or provide a hearing.
Official decision · page 4 →
Rules beside this one
Article 2. Powers, Duties and Responsibilities — regulations rarely stand alone, and the answer is often two sections away.
- § 10346Authority of Presiding Workers' Compensation Judge to Assign or Transfer Cases.3 decisions
- § 10347Assignment of Judges. [Repealed]
- § 10348Authority of Workers' Compensation Judges. [Renumbered]
- § 10350Trials: Appointment and Authority of Pro Tempore Workers' Compensation Judges. [Repealed]
- § 10351Conference Hearings: Appointment and Authority of Pro Tempore Workers' Compensation Judges. [Repealed]
- § 10352Reconsideration of Pro Tempore Workers' Compensation Judge's Orders, Decisions or Awards. [Repealed]