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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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§10450. Petitions and Answers.

(a) A request for action by the Workers' Compensation Appeals Board, other than an Application for Adjudication, an Answer, or a Declaration of Readiness, shall be made by petition. The caption of each petition shall contain the case title and adjudication case number and shall indicate the type of relief sought.

(b) Unless otherwise provided by statute or rule, an answer may be filed within 10 days after the filing of a petition.

(c) Unless otherwise provided by statute or rule, the time limit for filing any petition or any answer shall be extended in accordance with sections 10507 and 10508.

(d) Any previously filed document shall not be attached to a petition or answer; any such document attached to a petition or answer may be discarded.

(e) All petitions and answers shall be verified under penalty of perjury in the manner required for verified pleadings in courts of record. A failure to comply with the verification requirement constitutes a valid ground for summarily dismissing or denying a petition or summarily rejecting an answer.

(f) All petitions and answers shall be served on all parties to the case and on any other person, entity, or lien claimant whose rights or liabilities are specifically questioned by the petition or answer. A failure to concurrently file a proof of service with a petition or answer constitutes a valid ground for summarily dismissing or denying the petition or summarily rejecting the answer.

(g) A document cover sheet and a document separator sheet shall be filed with each petition or answer. The appropriate title for the petition or answer shall be entered into the document title field of the document separator sheet.

(h) Except as provided in sections 10840, 10865, 10953, and 10959, petitions shall be filed as follows:

(1) if a case opening document was previously filed, the petition, unless e-filed, shall be filed only with the district office having venue;

(2) if no case opening document was previously filed: (A) an application shall be filed together with the petition, and venue shall be designated and determined in accordance with Labor Code section 5501.5 and section 10409; and (B) unless e-filed, the petition and application shall be filed only with the district office where venue is being asserted.

(i) If the petition is filed by a person or entity who is not already a party or lien claimant of record, the petitioner shall be added to the official participant record for each listed adjudication case number, and the petitioner shall be served with notices of all hearings.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 126 and 5905, Labor Code.

HISTORY

1. Amendment of section and Note filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51).

2. Amendment of section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47).

3. Amendment of section heading, section and Note filed 9-23-2013; operative 10-23-2013. Submitted as a file and print by the Workers' Compensation Appeals Board pursuant to Government Code section 11351 (Register 2013, No. 39).

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