Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 13. Hearings

§ 10787. Trials.

(a) The parties shall submit for decision all matters properly in issue at a single trial and produce at the trial all necessary evidence, including witnesses, documents, medical reports, payroll statements and all other matters considered essential in the proof of a party's claim or defense. However, a workers' compensation judge may order that the issues in a case be bifurcated and tried separately upon a showing of good cause.

(b) Unless already filed in EAMS, the parties shall have all proposed exhibits available at trial for review by and filing with the trial workers' compensation judge.

(c) Minutes of hearing and summary of evidence shall be prepared at the conclusion of each trial and filed in the record of proceedings. They shall include:

(1) The names of the commissioners, deputy commissioner or workers' compensation judge, reporter, the parties present, attorneys or other agents appearing therefor and witnesses sworn;

(2) The place and date of said trial;

(3) The admissions and stipulations, the issues and matters in controversy, a descriptive listing of all exhibits received for identification or in evidence (with the identity of the party offering the same);

(4) The disposition, and if the disposition is an order taking off calendar or a continuance, the reasons for the order which shall include the time and action, if any, required for submission;

(5) A summary of the evidence required by Labor Code section 5313 that shall include a fair and unbiased summary of the testimony given by each witness;

(6) If motion pictures are shown, a brief summary of their contents or a stipulation that parties waive a summary; and

(7) A fair statement of any offers of proof.

(d) Notwithstanding subdivision (c), the summary of evidence need not be filed upon issuance of a stipulated order, decision or award.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5708 and 5313, 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).