The following lays out all the pertinent steps in the ex parte application for expedited hearing process and supplements the summary information.

"Ex parte hearing" is defined for the purposes of this project as a hearing set to review a declaration of readiness to proceed to expedited hearing. The hearing is "ex parte" to the extent that the opposing party need not be present in order for the matter to be set for expedited hearing or other hearing, as appropriate, after review at the ex parte hearing.

Setting the ex parte hearing

A party may request an ex parte hearing by calling the main telephone number of either the Sacramento district office (916-263-2735) or the San Diego district office (619-767-2170), or by appearing at the front office window of either office to make the request. The party shall be referred to the calendar clerk for setting. The calendar clerk shall first determine that the request is being made in a matter with an assigned WCAB case number venued in Sacramento or San Diego. If no case exists, the party shall be informed that an application for adjudication of caim shall be filed and a case number assigned before a hearing may be set. If the matter is venued at another district office the party shall be notified that the matter may not be set unless venue has been changed to the Sacramento or San Diego district office.

If a proper request for ex parte hearing is made prior to 12:00 noon, the ex parte hearing shall be set for the third business day after the date of the request. If the request is made after 12:00 noon, the ex parte hearing shall be set for the fourth business day after the date of the request. All ex parte hearings shall be set for 2:00 p.m. No more than 10 ex parte hearings may be set on a given date without approval of the presiding judge. The calendar clerk shall enter the scheduled ex parte hearing into the master calendar.

Notice requirements

The moving party shall notify the opposing party of the ex parte hearing at least three business days prior to the ex parte hearing by:

a. Speaking with an adult person at the telephone number of each of the interested parties and informing them of the case name, case number, ex parte hearing date and time, hearing location, the specific issue or issues in dispute, and the basis for the request for expedited hearing; or

b. Providing all of the above information in writing to each of the interested parties by facsimile or certified mail or via return receipt mail, to be received by said parties no later than three business days prior to the scheduled ex parte hearing date.

The moving party shall at the same time serve the declaration of readiness to proceed to expedited hearing and the expedited hearing request and cover sheet on all relevant parties by facsimile or certified mail or by hand delivery. Said documents shall be filed prior to the ex parte hearing.

Note: If the moving party is unable to provide appropriate notice to the other parties or for other reasons cannot appear at the scheduled ex parte hearing, the moving party shall immediately contact the calendar clerk to have the matter removed from the ex parte hearing calendar.

Ex parte hearing day procedures

Upon the filing of declaration of readiness to proceed to expedited hearing and the expedited hearing request and cover sheet, the DWC district office front office staff, as assigned by the front office supervisor, shall stamp the documents as received, post the declaration of readiness and pull the file for the hearing. The file shall be reviewed and put into proper order prior to giving the file to the moving party for the hearing. The party or parties shall report to the presiding judge’s courtroom with the file. The ex parte hearing calendar shall commence at 2:00 p.m.

The presiding judge may handle the ex parte hearing calendar, or assign some or all matters to an available workers' compensation administrative law judge (WCALJ) or judges. Where possible, a matter should not be assigned for ex parte hearing with a judge already assigned to the matter.

An objection to the setting of an expedited hearing may be filed pursuant to Title 8, California Code of Regulations, § 10416. An objection may also be made orally by personal appearance or telephone appearance at the ex parte hearing. Timely written objections filed after the ex parte hearing in which an expedited hearing is scheduled shall be addressed at the expedited hearing.

Intent to appear by telephone

Any party, other than the moving party, may appear by telephone at the ex parte hearing. A party wishing to attend telephonically shall notify the moving party of the intent to appear telephonically and shall provide the moving party with a telephone number that can be used by the court and the moving party to contact that party during the ex parte hearing. The party appearing by telephone shall be available during the ex parte hearing calendar, and shall (a) eliminate all outside noise to the greatest extent possible, (b) speak directly into the telephone headset, and (c) not use the "hold" button. The party appearing by telephone shall state his or her name for the record and shall participate in the hearing with the same degree of courtesy and courtroom etiquette required for a personal appearance.

The ex parte hearing

At ex parte hearing WCALJ shall review the declaration of readiness to proceed to expedited hearing and the expedited hearing request and cover sheet to determine if (1) the issues are appropriate for an expedited hearing and (2) the moving party complied with the notice requirements for setting an ex parte hearing in the matter. The WCALJ may engage the parties in discussions to facilitate possible resolution of the disputed issue(s).

If the WCALJ determines that the issues are not appropriate for expedited hearing, the judge shall determine if an alternate hearing may be set. For instance, if injury AOE/COE is at issue, the matter may be appropriate for priority conference. If the WCALJ believes the matter should be taken off calendar, the presiding judge shall be consulted and the matter may be taken off calendar with presiding judge approval.

If the matter is being taken off calendar because the matter is not appropriate for expedited hearing, or any other hearing, the disposition shall be posted on-line as a rejected declaration of readiness to proceed (DOR). If the matter is taken off calendar because the parties have reached an informal agreement the disposition shall be posted as a withdrawal of the DOR. If the parties have reached a formal agreement, such as a stipulation and order/award, said formal agreement shall be posted on-line.

Obtaining expedited hearing date POST ex parte session

Sacramento district office (SAC)-- If the WCALJ determines that a hearing shall be set, the WCALJ shall contact the calendar clerk to obtain the first available date with the assigned judge, and if no judge was previously assigned, the first available judge on a rotation basis. To the extent possible and as appropriate, peremptory challenges shall be addressed when assigning a judge and date of hearing. The scheduled hearing shall be posted on-line in accordance with office procedures.

San Diego district office (SDO) -- If the WCALJ determines that a hearing shall be set, the WCALJ shall contact the calendar clerk to obtain the first available date for hearing. The scheduled hearing shall be posted on-line in accordance with office procedures.

A record of the disposition of the ex parte hearing shall be made for the file(s) on the minutes of hearing, with supplemental pages as necessary. If the matter is set for expedited hearing or other hearing, as appropriate, the hearing date, hearing time, type of hearing and assigned judge shall be clearly set forth in the minutes of hearing. The moving party shall serve the minutes of hearing, along with any supplemental pages, stipulations and/or orders on the other parties by mailing a copy to the parties within one business day of the hearing.

In addition to preparing minutes of hearing, the WCALJ shall fill out an "Expedited Hearing Issue Checklist" for compilation of statistics on how the implementation of medical treatment guidelines, utilization review and limits on chiropractic and physical therapy visits is affecting injured workers.

The disposition shall be posted on-line in accordance with office clerical procedures.

February 2006