Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 17. Arbitration
The regulation, as printed
(a) The arbitrator shall make and maintain the record of the arbitration proceeding and shall file the record with the Appeals Board when required by this rule or rule 10940. (b) The parties shall provide the arbitrator with a copy of the Arbitration Submittal Form and the Order Appointing Arbitrator. (c) The record of arbitration proceedings shall include the following: (1) Order Appointing Arbitrator; (2) Notices of appearance of the parties involved in the arbitration; (3) Minutes of the arbitration proceedings, identifying those present, the date of the proceeding, the disposition and those served with the minutes or the identification of the party designated to serve the minutes; (4) Pleadings, petitions, objections, briefs and responses filed by the parties with the arbitrator; (5) Exhibits filed by the parties; (6) Stipulations and issues entered into by the parties; (7) Arbitrator's Summary of Evidence containing evidentiary rulings, a description of exhibits admitted into evidence, the identification of witnesses who testified and summary of witness testimony; (8) Verbatim transcripts of witness testimony if witness testimony was taken under oath. (9) Findings, orders, awards, decisions and opinions on decision made by the arbitrator; and (10) Arbitrator's report on petition for reconsideration, removal or disqualification. (d) The arbitrator shall file any finding, order or award together with the opinion on decision with the Appeals Board when it is served on the parties.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5271, 5272, 5273, 5275, 5276 and 5277, Labor Code.
1. 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 § 10914, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13930082 · 2026-05-04 · Sacramento District Office8 CCR § 10914
Determinative passage · p.2WCAB Rule 10914 requires the arbitrator to make and maintain the record of arbitration proceedings, which must include the following:
Requires arbitrator to maintain complete record of arbitration proceedings including orders, notices, stipulations, evidence summaries, and transcripts.
Official decision · page 2 → - ADJ14930871 · 2025-11-03 · Santa Ana District Office8 CCR § 10914
Determinative passage · p.5A petition for reconsideration of an arbitrator's decision or award made pursuant to the mandatory or voluntary arbitration provisions of sections 5270 through 5275 shall be filed in EAMS or with the district office having venue in accordance with section 5501.5. (Cal. Code Regs., tit. 8, § 10995.)
The Appeals Board found the record incomplete and ordered compliance with these rules to protect due process rights.
Official decision · page 5 → - ADJ2548586 · 2025-04-03 · Van Nuys District Office8 CCR § 10914
Determinative passage · p.28, § 10995(c)(1)-(3).) (emphasis added.) WCAB Rule 10914 requires the arbitrator to make and maintain the record of the arbitration proceeding, which must include the following: (1) Order Appointing Arbitrator; (2) Notices of appearance of the parties involved in the arbitration; (3) Minutes of the arbitration proceedings, identifying those present, the date of the proceeding, the disposition and those served with the minutes or the identification of the party designated to serve the minutes; (4) Pleadings, petitions, objections, briefs and responses filed by the parties with the arbitrator; (5) Exhibits filed by the parties; (6) Stipulations and issues entered into by the parties;
Specifies required contents of arbitration record for meaningful review.
Official decision · page 2 → - ADJ20015360 · 2025-02-27 · Los Angeles District Office8 CCR § 10914
Determinative passage · p.2WCAB Rule 10914 requires the arbitrator to make and maintain the record of the arbitration proceeding, which must include the following:
Requires arbitrator to make and maintain complete record of arbitration proceedings.
Official decision · page 2 → - ADJ11541887 · 2025-01-17 · San Diego District Office8 CCR § 10914
Determinative passage · p.7(10) Arbitrator's report on petition for reconsideration, removal or disqualification. (Cal. Code Regs., tit. 8, § 10914(c).) Here, the record includes the order that the insurance coverage dispute be arbitrated and appointing the WCA. (Minutes of Hearing, dated September 5, 2023.) However, the record does not contain the minutes of the arbitration proceedings, identifying those present, the date of the proceeding, the disposition and those served with the minutes or the identification of the party designated to serve the minutes. (Cal. Code Regs., tit. 8, § 10914(c)(3).) Nor does the record reflect the pleadings, petitions, objections, briefs and responses filed by the parties with the arbitrator, if any. (Cal. Code Regs., tit.
The Appeals Board applied these regulations to find the arbitration record incomplete and to require filing of a complete record for meaningful review.
Official decision · page 7 → - ADJ15072799 · 2024-12-17 · Los Angeles District Office8 CCR § 10914
Determinative passage · p.4While it appears that several exhibits have been uploaded to one or more of the cases at issue in this matter, the arbitration record still lacks a report from the WCA, as well as all of the items required under WCAB Rule 10914(c)(1-10), with the exception of verbatim transcripts of witness testimony and the findings, order, decision and opinion required per Rule 10914((8) and (9), as we note that, per the WCA's Findings and Order, no testimony was taken and there is no hearing transcript. (F&O, October 8, 2024.)
The Board could not conduct meaningful review due to the incomplete record, as required by the regulation.
Official decision · page 4 → - ADJ756255 · 2024-09-24 · Anaheim District Office8 CCR § 10914
Determinative passage · p.3As with a workers' compensation administrative law judge (WCJ), an arbitrator's decision must be based on admitted evidence and must be supported by substantial evidence. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10566.) "It is the responsibility of the parties and the WCJ to ensure that the record is complete when a case is submitted for decision on the record. At a minimum, the record must contain, in properly organized form, the issues submitted for decision, the admissions and stipulations of the parties, and admitted evidence." (Hamilton, supra, 66 Cal.Comp.Cases at p. 475.) The WCJ's decision must "set[] forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on," so that "the parties,
The Board could not conduct meaningful review due to the incomplete record, so the decision was rescinded and remanded.
Official decision · page 3 → - ADJ10356268 · 2024-07-24 · Los Angeles District Office8 CCR § 10914
Determinative passage · p.2WCAB Rule 10995 provides that if the arbitrator does not rescind the order, decision or award within 15 days of receiving the petition for reconsideration, the arbitrator is required to forward an electronic copy of their report and the complete arbitration file within 15 days after receiving the petition for reconsideration pursuant to WCAB Rule 10995(c)(3). (Cal. Code Regs., tit. 8, § 10995(c)(1)-(3).) WCAB Rule 10914 requires the arbitrator to make and maintain the record of the arbitration proceeding, which must include the following:
Requires arbitrator to maintain complete record of arbitration proceedings including findings and report on petition for reconsideration
Official decision · page 2 →
Rules beside this one
Article 17. Arbitration — regulations rarely stand alone, and the answer is often two sections away.