Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 15. Findings, Awards and Orders
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4906, Labor Code.
1. New section filed 5-25-82; designated effective 7-1-82 (Register 82, No. 22). 2. Amendment of section heading and text filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 52). 3. Amendment of last paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 4. 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). 5. Renumbering of former section 10842 to section 10945 and renumbering and amendment of former section 10778 to section 10842 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 § 10842, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ10863775 · 2025-07-25 · Bakersfield District Office8 CCR § 10842
Determinative passage · p.6apportionment and the potential for a higher occupational adjustment, the WCJ may determine a new attorneys' fee de novo. However, applicant's counsel is reminded in further proceedings that any request for an increase in the attorneys' fee must comply with Appeals Board Rule 10842, which states, "All requests for an increase in attorney's fee shall be accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel. Failure to notify the applicant may constitute grounds for dismissal of the request for increase in fee." (Cal. Code Regs., tit. 8, § 10842.)
Any request for an increase in attorney's fee must comply with Rule 10842, including notice to the applicant.
Official decision · page 6 → - ADJ11757061 · 2025-06-23 · San Diego District Office8 CCR § 10842
Determinative passage · p.6Under WCAB Rule 10842, all requests for an increase in attorney's fee shall be accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel--and any failure to so notify the applicant constitutes grounds for dismissal of the request for increase in fee. (Cal. Code Regs., tit. 8, § 10842.)
Applied to assess procedural compliance for attorney's fee increase request
Official decision · page 6 → - ADJ19013889 · 2025-02-07 · San Jose District Office8 CCR § 10842
Determinative passage · p.3Here, the Petition for Reconsideration seeks an increase in attorney fees but is not accompanied by proof of service on applicant of notice of applicant's attorney's adverse interest and of applicant's right to seek independent counsel. Therefore, the Petition is subject to dismissal.
The petition was dismissed for failure to comply with this rule as it lacked the required proof of service.
Official decision · page 3 → - ADJ16957497 · 2024-07-22 · Van Nuys District Office8 CCR § 10842
Determinative passage · p.1All requests for an increase in attorney's fee shall be accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel. Failure to notify the applicant may constitute grounds for dismissal of the request for increase in fee.
Petition for reconsideration seeking increase in attorney fees must be accompanied by proof of service on applicant of notice of attorney's adverse interest and right to seek independent counsel; failure to provide such notice may result in dismissal of the petition.
Official decision · page 1 → - ADJ4145263 · 2024-03-18 · Oxnard District Office8 CCR § 10842
Determinative passage · p.10Although the record does not include a finding as to the amount of the attorney's fee, the WCJ ordered defendant to "withhold 15% of the balance of the amount owed after subtraction of the amounts paid and payable under the Award in ADJ4145263 and the credit allowed above." (Opinion on Decision, p. 5; see also F&O.) Applicant's Petition thus effectively requests an increase in her attorney's fee without including a proof of service of written notice on applicant by her attorney of the attorney's adverse interest and applicant's right to seek independent counsel as required by WCAB Rule 10842. (Cal. Code Regs. tit. 8, § 10842.) We therefore admonish applicant's attorney to promptly comply with Rule 10842 or face dismissal of the request for an increased fee. (Id.)
Applicant's request for higher attorney fee was admonished for lack of compliance with Rule 10842, leading to deferral of the fee issue.
Official decision · page 10 → - ADJ11799924 · 2023-10-17 · Van Nuys District Office8 CCR § 10842
Determinative passage · p.4We begin our discussion with the issue of notice to applicant of a potential conflict of interest arising out of his attorney's request for increased fees. WCAB Rule 10842 provides that "[a]ll requests for an increase in attorney's fee shall be accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel," and that "[f]ailure to notify the applicant may constitute grounds for dismissal of the request for increase in fee." (Cal. Code Regs., tit. 8, § 10842.) The WCJ appropriately noted that as of the date of the Report, no proof of service evidencing service of the Petition was reflected in the Electronic Adjudication Management System (EAMS). (Report, at p. 2.) However, we also note that applicant's counsel has subsequently filed a letter containing the disclosure described by Rule 10842 on September 6, 2023, along with applicant's written, signed, waiver of the potential conflict. (Waiver re Increased Fees, September 2, 2023.) Accordingly, we are persuaded that the disclosures required by WCAB Rule 10842 have been accomplished.
Failure to notify may constitute grounds for dismissal of fee increase request.
Official decision · page 4 → - ADJ13504941 · 2022-12-30 · Long Beach District Office8 CCR § 10842
Determinative passage · p.1In addition, we find it necessary to admonish applicant's attorney Keith Seagull for failing to include his state bar number with his name on the heading of the Petition for Reconsideration contrary to the Rules of the Administrative Director (AD), Rule 10205.12(a)(4) and for failing to support his arguments with specific references to the record. (Cal. Code Regs., tit. 8, § 10842(b)(2).) Future violations may lead to the imposition of sanctions. (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10561.)
The Petition for Reconsideration was denied for failing to comply with these procedural requirements.
Official decision · page 1 → - ADJ10062061 · 2022-04-18 · Van Nuys District Office8 CCR § 10842
Determinative passage · p.1All requests for an increase in attorney's fee shall be accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel. Failure to notify the applicant may constitute grounds for dismissal of the request for increase in fee. (Cal. Code Regs., tit. 8, § 10842.)
Failure to notify the applicant of attorney's adverse interest and right to independent counsel may constitute grounds for dismissal of the request for increase in attorney's fee.
Official decision · page 1 →
Rules beside this one
Article 15. Findings, Awards and Orders — regulations rarely stand alone, and the answer is often two sections away.
- § 10840Approval of Attorney's Fee by Workers' Compensation Appeals Board Required.1 decisions
- § 10843Petitions for Removal and Answers. [Renumbered]29 decisions
- § 10844Reasonable Attorney's Fee.21 decisions
- § 10845General Requirements for Petitions for Reconsideration, Removal, and Disqualification, and for Answers and Other Documents. [Repealed]
- § 10846Skeletal Petitions. [Renumbered]
- § 10848Supplemental Petitions. [Renumbered]1 decisions