Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 3. Parties, Joinder and Consolidation

§10398. Assignment of Consolidated Cases.

(a) Any request or petition to consolidate cases that are assigned to different workers' compensation judges in the same district office, or that have not been assigned but are venued at the same district office, shall be referred to the presiding workers' compensation judge of that office, whether the cases involve the same injured worker or multiple injured workers.

(b) Any request or petition to consolidate cases involving the same injured worker that are assigned to workers' compensation judges at different district offices, or that have not been assigned but are venued at different district offices, shall first be referred to the presiding workers' compensation judges of the district offices to which the cases are assigned. If the presiding workers' compensation judges are unable to agree on where the cases will be assigned for hearing, the conflict shall be resolved by the chief workers' compensation judge of the Division of Workers' Compensation or by their designee upon referral by one of the presiding workers' compensation judges.

(c) Any request or petition to consolidate cases involving multiple injured workers that are assigned to workers' compensation judges at different district offices, or that have not been assigned but are venued at different district offices, shall be referred to the chief workers' compensation judge or their designee.

(d) In resolving any request or petition to consolidate cases under subdivision (b) or (c), the chief workers' compensation judge or their designee shall set the request or petition for a conference regarding the place of hearing. At or after the conference, the chief workers' compensation judge or their designee shall determine the place of hearing and may determine the workers' compensation judge to whom the cases will be assigned, giving consideration to the factors set forth in rule 10396. In reaching any determination, the chief workers' compensation judge or their designee may assign a workers' compensation judge to hear any discovery motions and disputes in the action and to report their findings and recommendations to the chief workers' compensation judge or their designee.

(e) Any party aggrieved by the determination of the chief workers' compensation judge or their designee may request proceedings pursuant to Labor Code section 5310, except that an assignment to a particular workers' compensation judge shall be challenged only in accordance with the provisions of rules 10788 and 10960.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5300, 5301, 5303, 5310 and 5708, Labor Code.

HISTORY

1. New section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47).

2. Amendment of subsection (b), redesignation of fromer subsections (d)-(f) as subsections (c)-(e), amendment of newly designated subsections (d) and (e) and amendment of Note filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, NO. 42).

3. Editorial correction of History 2 (Register 2017, No. 8).

4. Renumbering of former section 10592 to section 10398, including amendment of section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).