Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 4. Conduct of Parties, Attorneys and Non-Attorney Representatives
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4906, Labor Code; and Sections 284, 285 and 286, Code of Civil Procedure.
1. Amendment exempt from OAL review pursuant to Government Code section 11351 filed 12-19-90; operative 1-1-91 (Register 91, No. 7). 2. Repealer of second paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 3. Repealer of former section 10402 and renumbering of former section 10774 to section 10402, including amendment of section heading, 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).
What panels did with this rule
Released decisions that named § 10402, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ18995801 · 2026-09-10 · Anaheim District Office8 CCR § 10402
Determinative passage · p.3We first address the defendant’s objection to the notice of intent to impose sanctions. Per WCAB Rule 10832, “The Workers’ Compensation Appeals Bord may issue a notice of intention for any proper purpose, including, but not limited to: …(3)Sanctioning a party.” (Cal. Code Regs. tit. 8 § 10832.) A notice of intention (NIT) is neither an order, decision, or action ripe for removal or reconsideration. As such, the petition for removal as to the NIT is premature, and thus further proceedings on the issue of potential sanctions must be addressed by the WCJ in the first instance upon return of this matter. We agree with the WCJ that all parties must identify their full legal name including the names of the employer, insurance company, and any third-party administrator and failure to do so may subject the offending party to sanctions. (Cal. Code Regs., tit. 8, §§ 10390, 10400, 10402; DiFusco v. Hands On Spa et al (2025) 90 Cal.Comp.Cases __ (Appeals Bd. en banc); Coldiron v. Compuware Corp. (2002) 67 Cal.Comp.Cases 289 (Appeals Bd. en banc).) Moreover, all parties have an ongoing obligation to promptly update the official participant record if changes occur throughout the span of a case. (Cal. Code Regs., tit.
The Board agreed with the WCJ that failure to identify parties fully may subject to sanctions.
Official decision · page 3 → - ADJ20384548 · 2026-09-04 · San Francisco District Office8 CCR § 10402
Determinative passage · p.6(George) (1954) 125 Cal.App.2d 201, 203 [19 Cal.Comp.Cases 98].) Thus, once reconsideration has been granted, the Appeals Board has the full power to make new and different findings on issues presented for determination at the trial level, even with respect to issues not raised in the petition for reconsideration before it. In order for a substitution or dismissal of an attorney to be entered, it must be made upon the filing of consent of the party and the attorney, or upon the application of either the party or the attorney and a court order granting the application. (Cal. Code Regs., tit. 8, § 10402.) WCAB Rule 10402 advises that “Substitution or dismissal of attorneys must be made in the manner provided by Code of Civil Procedure sections 284, 285, and 286.” The Code of Civil Procedure section 284 states that:
The Board found that the attorney withdrawal was not properly noticed and thus the order relieving counsel was set aside.
Official decision · page 6 →
Rules beside this one
Article 4. Conduct of Parties, Attorneys and Non-Attorney Representatives — regulations rarely stand alone, and the answer is often two sections away.
- § 10400Attorney Representatives.3 decisions
- § 10401Non-Attorney Representatives.
- § 10403Complaints Regarding Violations of Labor Code Section 4907.
- § 10404Suspension and Removal of a Non-Attorney Representative's Privilege to Appear Before the Workers' Compensation Appeals Board Under Labor Code Section 4907.
- § 10405Request for Findings of Fact. [Renumbered]
- § 10406Pre-Application and Miscellaneous Proceedings. [Repealed]