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Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 9. Evidence and Reports

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§10608.5. Service by Parties and Lien Claimants of Reports and Records on Other Parties and Lien Claimants.

(a) Except as provided in subdivision (b) below, document service between parties and lien claimants may be effected by CD-ROM, DVD, or other electronic media. This shall include sending attachments by e-mail, but only if there has been a prior agreement between the parties or lien claimants that e-mail may be utilized to serve documents.

(b) Where the injured employee is self-represented, discovery documents shall be served only in paper (hard copy) form, unless specifically requested by the employee in writing or ordered by the Workers' Compensation Appeals Board.

(c) Nothing in this section shall preclude: (1) the Workers' Compensation Appeals Board or the Administrative Director from adopting any regulation that would permit service or receipt of service to be effected by alternative technologies; or (2) the Workers' Compensation Appeals Board from ordering or allowing an alternative form of service, including service in paper form, in any particular case.

(d) For purposes of this section, the terms: (1) “serve” and “service” shall include any requirement to produce, allow inspection of, or allow access to any report, record, or other document; and (2) “party” and “lien claimant” shall include any attorney, representative, or agent (including a copy service) of a party or lien claimant.

(e)(1) This section shall apply only to reports, records, and other documents: (A) served in response to a discovery request, subpoena duces tecum, or order; (B) served in accordance with the requirements of sections 10601, 10603, 10605, 10607, 10608, 10615, 10616, 10618, and 10626; or (C) served in accordance with other orders or rules relating to discovery and the exchange of information.

(2) This section shall not apply to the filing of any report, record, or other document with the Workers' Compensation Appeals Board.

(f) This section shall not preclude the Workers' Compensation Appeals Board, upon a showing of good cause, from ordering a party or lien claimant to either allow the on-site inspection of its records or to produce those records at hearing.

Note: Authority: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Art. XIV, ยง 4, Cal. Const.; Section 5307.9, Labor Code; and Section 250, Evidence Code.

HISTORY

1. New section 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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