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Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 5. Pleadings

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§ 10416. Objection to Declaration of Readiness to Proceed.


(a) Any objection to a declaration of readiness to proceed shall be filed and served within ten calendar days after service of the declaration. The objection shall set forth, under penalty of perjury, specific reason why the case should not be set or why the requested proceedings are inappropriate.
(b) A false declaration or certification filed under this section by any party, lien claimant, attorney or representative may give rise to proceedings under Labor Code section 134 for contempt or Labor Code section 5813 for sanctions.
(c) If a party or lien claimant is represented, the attorney or representative shall execute any objection to the declaration of readiness to proceed on behalf of the party. Declarations of readiness to proceed shall be reviewed by the presiding workers' compensation judge or any workers' compensation judge designated by the presiding judge, who will determine on the basis of the facts stated in the declaration whether the objection should be sustained.
(d) If a party has received a copy of the declaration of readiness to proceed and has not filed an objection under this section, that party shall be deemed to have waived any and all objections to proceeding on the issues specified in the declaration, absent extraordinary circumstances.
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5500.3, 5502 and 5813, Labor Code.
HISTORY
1. New section filed 10-14-2014; operative 1-1-2015 (Register 2014, No. 42). For prior history, see Register 2008, No. 47.


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