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Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 8. Hearings

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§10562. Failure to Appear.

(a) Where a party served with notice of trial fails to appear either in person or by attorney or representative, the workers' compensation judge may

(1) dismiss the application after issuing a ten (10) day notice of intention to dismiss, or

(2) hear the evidence and, after service of the minutes of hearing and summary of evidence that shall include a ten (10) day notice of intention to submit, make such decision as is just and proper.

(b) Where a party served with notice of a mandatory settlement conference fails to appear at the conference, the workers' compensation judge may

(1) dismiss the application after issuing a ten (10) day notice of intention to dismiss, or

(2) close discovery and forward the case to the presiding workers' compensation judge to set for trial.

(c) Where a party, after notice, fails to appear at either a trial or a conference and good cause is shown for failure to appear, the workers' compensation judge may take the case off calendar or may continue the case to a date certain.

(d) Where a lien claimant served with notice of a conference fails to appear at the conference either in person or by attorney or representative, and fails to have a person with settlement authority available by telephone, the workers' compensation judge may

(1) dismiss the lien claim after issuing a ten (10) day notice of intention to dismiss with or without prejudice, or

(2) close discovery and forward the case to the presiding workers' compensation judge to set for trial.

(e) Where a lien claimant served with notice of a trial fails to appear, the workers' compensation judge may

(1) dismiss the lien claim after issuing a ten (10) day notice of intention to dismiss with or without prejudice, or

(2) hear the evidence and, after service of the minutes of hearing and summary of evidence that shall include a ten (10) day notice of intention to submit, make such decision as is just and proper, or

(3) defer the issue to the lien and submit the case on the remaining issues.

(f) If the workers' compensation judge defers a lien issue, upon the issuance of his or her decision on the remaining issues, the workers' compensation judge shall

(1) issue a ten (10) day notice of intention to order payment of the lien in full or in part, or

(2) issue a ten (10) day notice of intention to disallow the lien, or

(3) continue the lien issue to a lien conference.

NOTE

Authority cited: Sections 133 and 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution; and Sections 5502(e) and 5708, Labor Code.

HISTORY

1. Repealer and new section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 52). For prior history, see Register 91, No. 7.

2. 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).


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