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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 7. Review of Administrative Orders Issued by the Administrative Director
§10208.10. Petition Appealing Order of the Rehabilitation Unit.
(a) Appeals from decisions of the rehabilitation unit of the Division of Workers' Compensation shall be commenced as follows:
(1) if an application for adjudication is already on file, by filing and serving a declaration of readiness and a petition setting forth the reason for the appeal;
(2) if no application for adjudication is on file, by filing and serving an application for adjudication, a declaration of readiness, and a petition setting forth the reason for the appeal.
(b) The party appealing the rehabilitation unit decision and the party opposing the appeal shall file and serve any documents that the parties deem relevant that have not already been filed in the rehabilitation unit case file.
(c) If an application for adjudication has not been previously filed, venue shall be designated and determined in accordance with Labor Code section 5501.5 and California Code of Regulations, title 8, section 10409. If an application for adjudication has been previously filed, the petition appealing a decision of the rehabilitation unit shall be filed at the district office having venue and the case number assigned to the application for adjudication shall be assigned to the petition.
(d) A petition appealing a decision of the rehabilitation unit shall be filed within twenty (20) days from the date of the issuance of the rehabilitation unit decision.
Note: Authority cited: Sections 111, 133 and 5307.3, Labor Code; and Stats. 2011, c. 559, §17 (A.B. 1426). Reference: Sections 126, 5500 and 5501.5, Labor Code.
1. Renumbering of former section 10293 to new section 10208.10, 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).
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