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
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 3856, 3858, 3860, 3861 and 4909, Labor Code.
1. New section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). For prior history, see Register 2008, No. 47. 2. Editorial correction of History 1 (Register 2017, No. 8). 3. Renumbering former section 10555 to section 10785 and new section 10555 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 § 10555, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ21980525 · 2026-06-15 · Van Nuys District Office8 CCR § 10555
Determinative passage · p.4We do recommend, however, that the petition be set for a hearing on the merits as the injured worker is not represented and should be apprised of his rights as it pertains to the credit. WCAB Rule 10555(b) (Cal. Code Regs., tit. 8, § 10555) requires a petition for credit to include (1) a copy of the settlement or judgement, if available; and (2) an itemization of any credit applied to expenses and attorney's fees pursuant to sections 3856, 3858, and 3860. Although it is not in evidence currently, the itemization applied to expenses and attorney's fees, but the actual
The Board noted the petition lacked the settlement agreement and itemization but recommended a hearing to create a proper record.
Official decision · page 4 → - ADJ2403735 · 2026-06-11 · Long Beach District Office8 CCR § 10555
Determinative passage · p.3(a) When a dispute arises as to a credit for any payments or overpayments of benefits pursuant to Labor Code section 4909, any petition for credit shall include: (1) A description of the payments made by the employer; (2) A description of the benefits against which the employer seeks a credit; and (3) The amount of the claimed credit. (Cal. Code Regs., tit. 8, § 10555.)
The defendant failed to meet the requirements for petitioning credit as the advances were not included in the stipulated award.
Official decision · page 3 → - ADJ2403735 · 2025-02-27 · Long Beach District Office8 CCR § 10555
Determinative passage · p.5WCAB Rule 10555 provides: (a) When a dispute arises as to a credit for any payments or overpayments of benefits pursuant to Labor Code section 4909, any petition for credit shall include: (1) A description of the payments made by the employer; (2) A description of the benefits against which the employer seeks a credit; and (3) The amount of the claimed credit. (Cal. Code Regs., tit. 8, § 10555.) The burden of proof is on the defendant to establish its entitlement to credit. (Ott v. Workers' Comp. Appeals Bd. (1981) 118 Cal.App.3d. 912, 922 [46 Cal.Comp.Cases 545]; Quintana v. Contra Costa County (1982) 47 Cal.Comp.Cases 512 (Appeals Board en banc).) In this case, defendant argues that the Findings of Fact constitutes an ultra vires modification of the Award because the Stipulation on which the Award is based provides that defendant is entitled to take credit for all permanent disability advances. But this argument disregards the law governing the WCJ's authority to allow a credit for overpayment of permanent disability benefits.
Requires petition for credit to include description of payments, benefits, and amount of claimed credit; burden of proof on defendant.
Official decision · page 5 → - ADJ10595392 · 2022-06-20 · Van Nuys District Office8 CCR § 10555
Determinative passage · p.12It is noted that there is no Petition for Credit is in evidence. Further, CCR 10555 mandates a petition for credit sought under LC 4909.
Defendant did not file a Petition for Credit as required, so credit was denied.
Official decision · page 12 →
Rules beside this one
Article 7. Petitions, Pleadings and Forms — regulations rarely stand alone, and the answer is often two sections away.
- § 10548Continuances. [Renumbered]
- § 10549Appearances in Settled Cases. [Renumbered]
- § 10550Petition to Dismiss Inactive Cases.14 decisions
- § 10552Expedited Hearing Calendar. [Renumbered]
- § 10560Petitions Related to Orders Issued by the Division of Workers' Compensation Administrative Director or the Director of Industrial Relations.1 decisions
- § 10561Sanctions. [Renumbered]5 decisions