Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 7. Petitions, Pleadings and Forms
The regulation, as printed
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5410
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5410 and 5803, Labor Code.
1. Repealer and new section exempt from OAL review pursuant to Government Code section 11351 filed 12-19-90; operative 1-1-91 (Register 91, No. 7). 2. Amendment of section and 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). 3. Renumbering of former section 10536 to section 10647 and renumbering and amendment of former section 10458 to section 10536 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 § 10536, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ10642765 · 2026-05-18 · Marina Del Rey District Office8 CCR § 10536
Determinative passage · p.5Workers' Compensation Appeals Board (WCAB) Rule 10536 (Cal. Code Regs., tit. 8, § 10536) provides, in relevant part, that "the jurisdiction of the Workers' Compensation Appeals Board under Labor Code section 5410 shall be invoked by a petition setting forth specifically and in detail the facts relied upon to establish new and further disability."
Petition must specifically detail facts establishing new and further disability.
Official decision · page 5 → - ADJ14649350 · 2025-09-15 · Oakland District Office8 CCR § 10536
Determinative passage · p.10Moreover, although the December 23, 2024 Application did not explicitly state that it was a Petition to Reopen, it clearly indicated that compensation had been paid, that applicant was claiming injury for additional body parts not compensated by the prior Stipulations, and that applicant had disputes with defendant regarding liability for reimbursement of medical expenses as well as liability for "pressure on forehead lesion/scar area not accepted with headaches as part of permanent disability." (12/23/24 Application, at pp. 4-5, case number ADJ20293644.) We are required to liberally construe the allegations in a petition, with a view to substantial justice between the parties. (Cal. Code Civ. Proc., § 452.) Thus, we conclude that applicant's December 23, 2024 Application was intended to serve as a Petition to Reopen pursuant to section 5410, and we will treat applicant's Application as a timely filed Petition to Reopen for New and Further Disability.
Applicant's December 23, 2024 Application, though informal, was timely and sufficient to invoke WCAB jurisdiction to reopen for new and further disability.
Official decision · page 10 → - ADJ11062244 · 2021-04-13 · Sacramento District Office8 CCR § 10536
Determinative passage · p.4II. Former WCAB Rule 10536 stated: Medical examiners appointed by the Workers' Compensation Appeals Board or agreed to by the parties when subpoenaed for cross-examination at the Workers' Compensation Appeals Board or deposition shall be paid by the party requiring the attendance of the witness in accordance with the rules of the Administrative Director.
The Board applied former Rule 10536 to hold that the noticing party is responsible for deposition costs.
Official decision · page 4 →
Rules beside this one
Article 7. Petitions, Pleadings and Forms — regulations rarely stand alone, and the answer is often two sections away.
- § 10532Notice to Appear or Produce. [Renumbered]1 decisions
- § 10534Petition to Reopen.2 decisions
- § 10537Subpoena for Medical Witness. [Renumbered]
- § 10538Subpoenas for Medical Information by Non-Physician Lien Claimants. [Renumbered]
- § 10540Petition to Terminate Liability for Continuing Temporary Disability.
- § 10541Submission at Conference. [Renumbered]