Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 9. Filing and Service of Documents

§ 10635. Duty to Serve Documents.

(a) Where documents, including electronic media, are to be offered into evidence, copies shall be served on all adverse parties no later than the mandatory settlement conference, unless good cause is shown.

(b) If a party requests that a defendant provide a computer printout of benefits paid, the defendant shall provide the requesting party with a current computer printout of benefits paid within 20 days. The printout shall include the date and amount of each payment of temporary disability indemnity, permanent disability indemnity, the period covered by each payment, and the date, payee and amount of each payment for medical treatment. After receipt of a printout of benefits, another such request may not be made more frequently than once in a 120-day period unless there is a change in indemnity payments or a new dispute requiring updated payment periods.

(c) During the continuing jurisdiction of the Workers' Compensation Appeals Board, the parties have an ongoing duty to serve each other with any medical reports received and any written communication from a physician containing information listed in rule 10682 that is maintained in the employer's capacity as an employer within 10 calendar days of receipt.

(d) The parties are not required to serve a lien claimant with medical reports unless ordered by the Workers' Compensation Appeals Board, unless the lien claimant is defined as a “physician” by Labor Code section 3209.3 or is an entity described in Labor Code sections 4903.05(d)(7) and 4903.06(b), and has requested such service.

(e) Records from an employee assistance program are not required to be filed or served unless ordered by the Workers' Compensation Appeals Board.

Note: Authority cited: Sections 133, 4903.6(d), 5307, 5309 and 5708, Labor Code. Reference: Sections 3209.3, 4600, 4903.05, 4903.06, 4903.6(d), 5001, 5502, 5502(e), 5703 and 5708, Labor Code.

HISTORY

1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). For prior history, see Register 91, No. 7.

2. Amendment of subsection (c), repealer of subsection (c)(1), renumbering and amendment of former subsections (c)(2)-(3) to subsections (d)-(e) filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).