| 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 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 5. Pleadings
§10454. Automatic Reassignment After Reversal.
Notwithstanding Rule 10453, where the Appeals Board reverses a decision of a workers'
compensation judge on an issue of the statute of limitations, jurisdiction, employment,
or injury arising out of and in the course of employment, and remands the case
for further proceedings, the party who filed the petition for reconsideration
that resulted in the reversal shall be entitled to automatic reassignment of the
case to another workers' compensation judge upon a motion or petition requesting
reassignment filed at the district office within 30 days after the decision of
the Appeals Board becomes final.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section
5310, Labor Code.
HISTORY
1. Renumbering of former section 10454 to new section 10455 and new section
10454 filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only
pursuant to Government Code section 11351 (Register 2002, No. 51).
Go Back to Article 5 Table of Contents