Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 13. Hearings
The regulation, as printed
(a) Except when a hearing is set on the Workers' Compensation Appeals Board's own motion, no matter shall be placed on calendar unless one of the parties has filed and served a Declaration of Readiness to Proceed in the form prescribed by the Appeals Board. The Declaration of Readiness to Proceed shall be served on all parties in accordance with rule 10610. (b) A lien claimant shall not file a Declaration of Readiness to Proceed unless: (1) The underlying case of the injured employee or the dependent(s) of a deceased employee has been resolved or (2) The injured employee or the dependent(s) of a deceased employee choose(s) not to proceed with their case. (c) All declarations of readiness to proceed shall state under penalty of perjury that the moving party has made a genuine, good faith effort to resolve the dispute before filing the Declaration of Readiness to Proceed, and shall state with specificity on the Declaration of Readiness to Proceed the efforts made to resolve those issues. Unless a status or priority conference is requested, the declarant shall also state under penalty of perjury that the moving party has completed discovery and is ready to proceed on the issues specified in the Declaration of Readiness to Proceed. (d) If a party is represented by an attorney or non-attorney representative any Declaration of Readiness to Proceed filed on behalf of the party shall be executed by the attorney or non-attorney representative. (e) If a Declaration of Readiness to Proceed is filed without complying with the provisions of this section, the Workers' Compensation Appeals Board may order the hearing off calendar and may impose sanctions and award attorney's fees and costs in accordance with Labor Code section 5813 and rule 10421.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4903.05, 4903.06, 5500.3, 5502 and 5813, Labor Code.
1. New article 13 heading and renumbering and amendment of former section 10414 to section 10742 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 § 10742, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ14242832 · 2025-03-07 · Marina Del Rey District Office8 CCR § 10742
Determinative passage · p.2On August 13, 2024, defendant filed a verified objection to the DOR, on the basis that applicant's DOR was defective as it failed to list any good faith efforts to resolve the matter within the body of the DOR, in compliance with Cal. Code of Regulations, tit. 8 § 10742(c).1
Defendant objected to applicant's DOR for failure to comply with this rule, which was a basis for removal.
Official decision · page 2 → - ADJ9337517 · 2022-01-25 · Los Angeles District Office8 CCR § 10742
Determinative passage · p.1As outlined in the WCJ's report, the evidentiary record shows that home health care was not actually offered to applicant. We therefore do not address whether applicant's December 28, 2020 letter constituted a refusal of care. Our decision here should thus not be construed as an explicit or implicit endorsement of whether applicant's request regarding nurses' COVID-19 testing information is reasonable. Defendant remains obligated to provide home health care to applicant 24 hours per day, 7 days per week pursuant to the parties' December 10, 2020 stipulations. (See Lab. Code, § 5702; see also County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall) (2000) 77 Cal.App.4th 1114 [65 Cal.Comp.Cases 1]; Lab. Code, § 4600.) If there is a dispute over the manner in which this care is offered or provided in the future, either party may seek intervention from the Appeals Board as warranted following a genuine, good faith effort to resolve the dispute informally. (Cal. Code Regs., tit. 8, § 10742.)
Defendant must provide home health care as stipulated; disputes over manner of care may be brought to Appeals Board
Official decision · page 1 →
Rules beside this one
Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.
- § 10744Objection to Declaration of Readiness to Proceed.2 decisions
- § 10745Setting the Case.
- § 10748Continuances.1 decisions
- § 10750Notice of Hearing.2 decisions
- § 10751Appearances by Non-Attorney Representatives Not Identified on Notice of Representation.1 decisions
- § 10752Appearances Required.10 decisions