Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 7. Petitions, Pleadings and Forms

§ 10530. Emergency Petition for Stay.

(a) A party may present to the presiding workers' compensation judge of the district office having venue or the workers' compensation judge of the permanently staffed satellite office having venue a petition to stay an action by another party pending a hearing. Each district office will have a designee of the presiding workers' compensation judge available to assign petitions for stay from 8:00 a.m. to 11:00 a.m. and 1:00 p.m. to 4:00 p.m. on court days.

(b) A party who walks through a petition to stay an action shall provide notice by fax or e-mail to the opposing party or parties no later than 10:00 a.m. of the immediately preceding court day. This notice shall state with specificity the nature of the relief to be requested by the petition to stay and state the date, time and place that the petition to stay will be presented. A copy of the petition to stay shall be attached to the notice. If notice by fax or e-mail fails, or if an opposing party's fax number or e-mail address are unknown, notice shall be given in the manner best calculated to expeditiously provide the party or parties with notice including notice by phone or by overnight mail or delivery service. First-class mail shall not be utilized for notice of a petition to stay an action.

(c) A petition to stay an action shall be accompanied by a declaration regarding notice stating under penalty of perjury:

(1) The notice given, including the date, time, manner and name of the party informed;

(2) The relief sought; and

(3) Whether opposition is expected. In addition, if the petitioner was unable to give timely notice to the opposing party, the declaration under penalty of perjury shall state that the petitioner in good faith attempted to inform the opposing party but was unable to do so, and shall specify the efforts made to inform the opposing party.

(d) Upon the receipt of a proper petition to stay an action, the presiding workers' compensation judge shall, in their discretion, either:

(1) Deny the petition;

(2) Grant a temporary stay and set the petition for a hearing; or

(3) Set the petition for a hearing, without either denying the petition or granting a temporary stay.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4053, 4054, 4902, 5001, 5002, 5702 and 5710, Labor Code.

HISTORY

1. Amendment exempt from OAL review pursuant to Government Code section 11351 filed 12-19-90; operative 1-1-91 (Register 91, No. 7).

2. Repealer of article 7 heading, renumbering of former section 10530 to section 10640 and renumbering and amendment of former section 10470 to section 10530 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).