Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 18. Reconsideration, Removal and Disqualification

§ 10940. Filing and Service of Petitions for Reconsideration, Removal, Disqualification and Answers.

(a) Petitions for reconsideration, removal, or disqualification and answers shall be filed in EAMS or with the district office having venue in accordance with Labor Code section 5501.5 unless otherwise provided. Petitions for reconsideration of decisions after reconsideration of the Appeals Board shall be filed with the office of the Appeals Board. Petitions filed in EAMS pursuant to this rule must comply with rules 10205.10-10205.14.

(b) No duplicate copies shall be filed with any district office or with the Appeals Board. No documents sent directly to the Appeals Board by fax or e-mail will be accepted for filing, unless otherwise ordered by the Appeals Board.

(c) Every petition and answer shall be verified upon oath in the manner required for verified pleadings in courts of record. A verification and a proof of service shall be attached to each petition and answer. Failure to file a proof of service shall constitute valid ground for dismissing the petition.

(d) A petition shall not exceed 25 pages and an answer shall not exceed 10 pages unless allowed by the Appeals Board. Any verification, proof of service, exhibit, document cover sheet or document separator sheet filed with the petition or answer shall not be counted in determining the page limitation. Upon its own motion or upon a showing of good cause, the Appeals Board may allow the filing of a petition or answer that exceeds the page limitations. A request to exceed the page limitations shall be made by a separate petition, made under penalty of perjury, that specifically sets forth reasons why the request should be granted.

(e) If the petition seeks removal or reconsideration of an arbitrator's decision or disqualification of an arbitrator, the petition and any answer shall be served on the arbitrator and all affected parties in accordance with rule 10610.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5501.5, 5900, 5902 and 5905, Labor Code.

HISTORY

1. Amendment filed 6-28-83; designated effective 7-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 27).

2. Amendment of last paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51).

3. Repealer of article 19 heading, new article 18 heading and repealer and 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).