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The Workers’ Compensation Appeals Board (WCAB) plans to reorganize and renumber its Rules of Practice and Procedure (Rules) which are found in the California Code of Regulations, title 8, commencing with section 10300.

The organizational structure initially adopted in 1966 no longer accommodates the number and complexity of rules adopted in the modern era. As a result of several comprehensive reforms of the workers’ compensation system since 1966, the Rules are now 50 pages longer than they were in 1966 and cover multiple new procedures. For example, the Rules now include procedures for issuing sanctions, consolidation of cases, and appealing determinations of the Administrative Director. Because the existing organization does not have a logical or natural place for many of these new rules, it is often difficult to locate a particular rule. An additional consequence of the outdated organization of the rules is unnecessary duplication of rules in different articles and multiple rules covering the same or similar subjects.

With this reorganization, we plan to accomplish the following:

  • Organize articles to reflect the order of events in a case.
  • Eliminate duplicative rules.
  • Break up complex rules.
  • Simplify and modernize language of rules for clarity.
  • Create some room between rules so that additional rules can be added in the future without need for decimals.

In general, we do not plan to change the substance of the vast majority of rules with this reorganization. However, we will propose substantive changes where a rule does not reflect current practice or when we believe substantive changes are necessary.

Prior to engaging in formal rulemaking under Labor Code sections 5307 and 5307.4, and starting with this notice, we will periodically post in a forum on our website a group of articles and rules for review and comment. You may go to the forum page to offer your comments.

In the next few months, we will post the remainder of the proposed reorganized rules in two additional forums. After we have completed these forums and we have reviewed and considered the comments received, we will issue an Initial Statement of Reasons and a Notice of Public Hearing together with the complete package of reorganized and revised rules.

We appreciate the assistance of the workers’ compensation community in this endeavor.

  • All messages are reviewed by the forum moderator before posting. The moderator will generally not respond to messages posted, but may do so if it seems appropriate. Other than that, the rules for participating in these forums are simple and mostly common sense.
  • Please use your real name and include a valid email address. Although your email address will not be posted, we might want to contact you to discuss your ideas further or to clarify some items.
  • Keep your comments reasonably brief and related to the topic at hand. The system limits each message to a maximum of 3,800 characters. Anything beyond that cannot be submitted. If you wish to provide us with lengthier, more in depth comments, you may mail them to Workers' Compensation Appeals Board, POB 429459, San Francisco CA 94142-9459, Attn: WCAB Forum.
  • Comments will be accepted on each of the topics posted in a particular forum until the end date, which will be specified at the top of that topic, generally about 30 days after posting.
  • The purpose of the message board is to solicit opinions from the public regarding the proposal posted. Therefore, your comments should relate only to the proposal that is posted. In order to protect the privacy rights of others, do not set forth any individuals' names or data concerning an injury that is linked to a uniquely identifiable employee, employer, claims administrator or other person pursuant to Labor Code Section 138.7. If your comments contain any individuals' names or data concerning an injury that is linked to a uniquely identifiable employee, employer, claims administrator or other person pursuant to Labor Code Section 138.7, the reference(s) will be removed by the moderator.
  • Do not post defamatory material, profanity or ads. The moderator will remove personal attacks, defamatory material, profanity or ads from messages before they are posted.
  • This is not the proper place to post complaints about the workers' compensation system in general or regarding a specific case.

DISCLAIMER: The WCAB is not responsible for the opinions posted on the site. The opinions posted on the site are not endorsed by the WCAB. The WCAB does not make any representation regarding the accuracy of the comments posted.

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April 2015