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.

Chapter 4.5. Division of Workers' Compensation
SUBCHAPTER 1.9. RULES OF THE COURT ADMINISTRATOR
ARTICLE 4. APPEARANCES, THE FORM OF MINUTES OF HEARINGS AND MINUTE ORDERS

New query

§10240. Appearances Required.

(a) All parties and lien claimants shall appear at all hearings, except as provided below:

  (1) Where injury arising out of and in the course of employment is at issue, lien claimants not defined as a party under subdivision 10210(y)(3) shall not be required to appear at the mandatory settlement conference or trial, unless otherwise ordered by the workers' compensation administrative law judge.  

  (2) Where liability for the claim has been accepted, lien claimants not defined as a party under subdivision 10210(y)(3), with a lien claim of $25,000 or more, shall appear or have a representative appear at the mandatory settlement conference or lien conference, unless the appearance is excused by the workers' compensation administrative law judge.  


  (3) Lien claimants not defined as a party under subdivision 10210(y)(3) with liens of less than $25,000 shall be available by telephone with settlement authority and shall notify defendant(s) of the telephone number at which the defendant may reach the lien claimants during the mandatory settlement conference or lien conference. The workers' compensation administrative law judge may order the appearance of lien claimants not defined as a party under subdivision 10210(y)(3), with liens of less than $25,000 at a mandatory settlement conference or lien conference.  


  (4) All lien claimants shall appear at trial at which their lien(s) is an issue to be decided.  


(b) All parties shall have a person available with settlement authority at the mandatory settlement conference or lien conference. The person with settlement authority need not be present if an attorney or representative who is present at these proceedings can obtain immediate authority by telephone.

(c) Unless the notice otherwise provides, the applicant shall be present at a mandatory settlement conference as provided in Labor Code section 5502, subd. (e).

(d) Appearance at a hearing not covered under this section shall be at the discretion of the workers' compensation administrative law judge.


     Note: Authority cited: Sections 127.5, 133, 5307(c) and 5500.3, Labor Code. Reference: Sections 5502 and 5700, Labor Code.  


 HISTORY 
   
1. New article 4 (sections 10240-10246) and section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code section 11343.4 (Register 2008,  No. 47).

Go BackGo Back to Subchapter 1.9 Table of Contents