This section has been repealed.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 7. Petitions, Pleadings and Forms
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, 5307, 5309 and 5708, Labor Code. Reference: Sections 4903.6(c) and 5813, Labor Code.
1. New section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 52). 2. Amendment 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. Amendment of section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). 4. Amendment of subsections (b)(3)-(4) filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). 5. Editorial correction of History 4 (Register 2017, No. 8). 6. Renumbering of former section 10561 to section 10421 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 § 10561, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ18918866 · 2025-07-07 · Fresno District Office8 CCR § 10561
Determinative passage · p.5It is undisputed that Occusure was named as a party in and served with the Amended Application on August 5, 2024. Consequently, Occusure was thereafter required to appear at every noticed hearing in these cases (excluding lien conferences and lien trials). (Cal. Code Regs., tit. 8, § 10752 (a).) It is also undisputed that Occusure was served with notice of but failed to appear at the October 8, 2024 MSC without communicating with anyone regarding its non-appearance. When a party fails to appear at an MSC without a showing of good cause, the WCJ may issue a notice of intention for any purpose allowed by WCAB Rule 10832, including to issue sanctions against that party. (Cal. Code Regs., tit. 8, § 10755(b), 100832(a)(3).) In addition, the failure to appear at a duly noticed status conference is a failure to comply with the court's order and is therefore sufficient cause to support the WCJ's Sanctions NOI based on section 5813 and WCAB Rule 10421. (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10561(b)(4).) Therefore, the WCJ had the authority to issue the Sanctions NOI as a result of Occusure's failure to appear at the August 27, 2024 status conference and the October 8, 2024 MSC.
Sanctions were authorized for failure to appear at status conference and MSC.
Official decision · page 5 → - ADJ11998519 · 2021-04-21 · Los Angeles District Office8 CCR § 10561
Determinative passage · p.5Former WCAB Rule 10561(b) describes various bad faith actions or tactics that are subject to section 5813. For example, paragraph (6) states: "Bringing a claim, conducting a defense, or asserting a position: (A) this is: (i) indisputably without merit, (ii) done solely or primarily for the purpose of harassing or maliciously injury any person, and/or (iii) done solely or primarily for the
Describes bad faith actions subject to section 5813
Official decision · page 5 → - 2001-eb4 · 2001-04-308 CCR § 10561
Determinative passage · p.1unnecessary delay," within the meaning of Labor Code section 5813 and Board Rule 10561 (Cal.
Applied to determine whether Valley Subrogation's filing of an untimely petition for reconsideration was sanctionable conduct.
Official decision · page 1 → - 2001-eb2 · 2001-03-148 CCR § 10561
Determinative passage · p.8131 behalf is a "pleading, petition or legal document" within the meaning of Board Rule 10561.2
The Board found the petition for reconsideration to be a pleading within the meaning of this rule and sanctionable for bad faith filing.
Official decision · page 8 →
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]
- § 10555Petition for Credit.5 decisions
- § 10560Petitions Related to Orders Issued by the Division of Workers' Compensation Administrative Director or the Director of Industrial Relations.1 decisions