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This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html.
 
Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 5. Applications and Answers

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§10470. Labor Code Section 4906(h) Statement.


(a) The employee, insurer, employer and the attorneys for each party shall comply with Labor Code section 4906(h). Failure to file the statement required by Labor Code section 4906(h) shall result in refusal to file that party's Application for Adjudication of Claim or Answer.
(b) If anyone subject to subdivision (a) of this rule is not available, cannot be located or is unwilling to sign, a declaration under penalty of perjury setting forth in specific detail the reasons and describing good faith efforts made to comply with this rule may be filed with the Application for Adjudication of Claim or Answer. If the presiding workers' compensation judge determines from the facts set forth in the declaration that good cause has been established, the presiding workers' compensation judge may accept the Application for Adjudication of Claim or Answer for filing. For the purpose of this rule, a Compromise and Release agreement or Stipulations with Request for Award shall not be treated as an Application for Adjudication of Claim.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 4906(h), Labor Code.
HISTORY
1. New section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). For prior history, see Register 2002, No. 51.
2. Editorial correction of History 1 (Register 2017, No. 8).
3. Renumbering of former section 10470 to section 10530 and renumbering of former section 10404 to section 10470, including amendment of section heading, section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).


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