This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.


Title 8. Industrial Relations
Division 1. Department of Industrial Relations
Chapter 4.5. Division of Workers' Compensation
Subchapter 1.8.5. Electronic Adjudication Management System Rules
Article 1.3. Filing of Documents by Parties or Lien Claimants

 

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§10205.10. Manner of Filing Documents.

(a) Except as provided by section 10603, subd. (a), all documents shall be filed in paper form.

(b) All paper documents shall be scanned into the electronic adjudication file and then destroyed no less than 30 business days after filing, unless otherwise provided by these rules or ordered by a workers' compensation administrative law judge or the appeals board. A scanned document shall have the same legal effect as a document filed in paper form.

(c) Each of the following persons or entities shall file optical character recognition forms completed by using a computer or typewriter with the exception of OCR forms that are prepared at a hearing or that, for good cause, are filed at trial:

(1) any attorneys representing any party or any lien claimant;

(2) any insurance carrier or any representative of any insurance carrier (including any claims adjustor);

(3) any self-insured employer or any representative of a self-insured employer (including any claims adjustor);

(4) any third-party administrator or any representative of a third-party administrator (including any claims adjustor); and

(5) any lien claimant or any representative of any lien claimant, with the exception of: (A) a lien claimant (or a non-attorney representative of a lien claimant) asserting a living expenses lien under Labor Code section 4903(c); (B) a lien claimant (or a non-attorney representative of a lien claimant) asserting a burial expenses lien under Labor Code section 4903(d); or (C) a non-governmental lien claimant (or a non-attorney representative of a lien claimant) asserting a spousal or child support expenses lien under Labor Code section 4903(e).

(d) OCR forms will be posted in fillable format on the Division of Workers' Compensation website (http://www.dir.ca.gov/dwc/forms.html).

(e) All unrepresented employees, unrepresented dependents, unrepresented uninsured employers, or lien claimants listed in subdivision (c)(5)(A), (B) or (C) shall utilize optical character recognition forms, where such forms are required, but if they do not have ready access to a computer or typewriter, printed OCR forms will be available at the district offices and the information added to the form may be hand-printed in black ink.

(f) Whenever any party or lien claimant files any document utilizing an optical character recognition form, the party or lien claimant shall use the appropriate OCR form required by these rules.

(g) Except as set forth in subdivision (e), any OCR form that was not obtained from the Division of Workers' Compensation's website must function with EAMS in an equivalent manner as the Division's form.

Note: Authority cited: Sections 111, 133 and 5307.3, Labor Code; and Stats. 2011, c.559, §17 (A.B. 1426). Reference: Sections 126 and 4903, Labor Code.

HISTORY

1. New article 3 (sections 10205.10-10205.14) and renumbering of former section 10228 to new section 10205.10, including amendment of Note, filed 12-10-2012 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations by the Division of Workers' Compensation and as a file and print by the Workers' Compensation Appeals Board pursuant to Government Code section 11351 (Register 2012, No. 50).

2. Renumbering of article 3 to article 1.3 filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government Code section 11346.1(d) (Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.

3. Editorial correction of History 1 (Register 2013, No. 3).

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