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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 2. Electronic Filing

 

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§10205.7. Failure to Comply with the Electronic Adjudication Management System Rules.

(a) If a document is not filed in compliance with the Administrative Director's rules, either because it does not comply with the procedural requirements or with the place of filing requirements, the Administrative Director may in his or her discretion take the following actions:

(1) Correct the defect and file the document; or

(2) Notify the filer that the document is not accepted for filing by service of a Notice of Document Discrepancy. The Notice shall state the discrepancy, the date of the attempted filing, and provide the filer with 15 business days from service to cure the discrepancy. If the document is corrected within 15 business days, or at a later date upon a showing of good cause, it shall be deemed filed on the original date the document was submitted.

(b) Notwithstanding the provisions of subdivision (a), the following documents shall not be filed with the district office or the appeals board, except as a non duplicative supporting exhibit or upon the order of a workers' compensation administrative law judge or the appeals board. Documents improperly submitted pursuant to this subdivision shall not be accepted for filing or deemed filed and shall not be acknowledged and may be discarded.

(1) letters to opposing parties or counsel;

(2) subpoenas;

(3) notices of taking deposition;

(4) medical appointment letters;

(5) proofs of service ordered pursuant to California Code of Regulations, title 8, section 10500;

(6) medical reports, except as required by section 10233;

(7) copies of any decision of any federal or state court opinion otherwise available.

(8) copies of any decision of the appeals board or a workers' compensation administrative law judge that is otherwise available.

(9) duplicate medical and medical-legal reports.

(10) no diagnostic imaging as defined in Labor Code section 139.3, subd. (b)(1), shall be transmitted to the district office or the appeals board unless it is ordered.

(c) No document shall be sent by electronic mail or by fax directly to the district office or the appeals board. If a document is sent by electronic mail or fax directly to the district office, it shall not be accepted for filing or deemed filed, shall not be acknowledged, and may be discarded unless otherwise ordered by the workers' compensation administrative law judge or the appeals board.

Note: Authority cited: Sections 111, 127, 133, 138.2(b) and 5307.3, Labor Code; and Stats. 2011, c. 559, §17 (A.B. 1426). Reference: Sections 126 and 139.3, Labor Code.

HISTORY

1. Renumbering of former section 10222 to new section 10205.7, including amendment of section heading, subsection (a) and 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).

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