Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 2. Powers, Duties and Responsibilities

§10370. Extensions Of Time During Public Emergencies.

(a) Notwithstanding rule 10390 or any other rule in this title, in the event of a public emergency, including but not limited to an earthquake, fire or the destruction of or danger to a district office, the chief workers' compensation judge, the designee of the chief workers' compensation judge or the Appeals Board may:

(1) Extend by no more than 14 additional days the time to perform any act required or permitted under these rules, except for those acts subject to a statute of limitations or a jurisdictional time limitation, including but not limited to the filing of Petitions for Reconsideration or Removal, Petitions to Reopen, Applications for Adjudication of Claim or lien claim forms; or

(2) Authorize the presiding workers' compensation judge of a specific district office to extend by no more than 30 additional days the time to perform any act required or permitted under these rules, except for those acts subject to a statute of limitations or a jurisdictional time limitation, including but not limited to the filing of Petitions for Reconsideration or Removal, Petitions to Reopen, Applications for Adjudication of Claim or lien claim forms; or

(3) Authorize any district office to accept for filing, including by fax, those documents required by statute or regulation to be filed in a district office that is closed due to a public emergency.

(b) Any order under (a)(1), (a)(2) or (a)(3) must specify the nature of the emergency and the district office or offices to which it applies. Any order under (a)(2) must also specify the length of the authorized extension and the reason for the extension.

(c) If made necessary by the nature or extent of the public emergency, the chief workers' compensation judge, the designee of the chief workers' compensation judge or the Appeals Board may extend or renew an order issued under (a)(1) or (a)(2) for no more than 30 days.

Note: Authority cited: Sections 133, 5307 and 5309, Labor Code. Reference: Sections 5301 and 5307, Labor Code.

HISTORY

1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).