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
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903, 4903.6 and 4906, Labor Code
1. New section filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Amendment of section heading, section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). 3. Amendment filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). 4. Editorial correction of History 3 (Register 2017, No. 8). 5. Repealer of former section 10751 and new section 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 § 10751, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ11296239 · 2023-08-01 · San Bernardino District Office8 CCR § 10751
Determinative passage · p.8We observe that while WCAB Rule 10751 requires the non-attorney representative making an appearance to provide a valid notice of representation, it does not specify a remedy for failure of compliance, and it does not mandate dismissal of the underlying lien claim. (Cal. Code Regs., tit. 8, § 10751.) Similarly, WCAB Rule 10868 specifies that while violation of the rule may give rise to monetary sanctions, attorney's fees, and costs under Labor Code section 5813 and rule 10421, the rule does not require dismissal of the lien claim itself. (Cal. Code Regs., tit. 8, § 10868(d).)
Rules were considered in determining that dismissal was not mandatory and that monetary sanctions may be appropriate instead.
Official decision · page 8 →
Rules beside this one
Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.