Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 8. Petitions Related to Administrative Orders

§ 10565. Petition Appealing Denial of Return-to-Work Supplement.

(a) An injured worker may file a “Petition Appealing Denial of Return-to-Work Supplement” with the district office having venue or in EAMS.

(b) The petition shall be filed within 20 days of service of the decision denying the return-to-work supplement, in accordance with rule 10615 and rule 17309.

(c) The petition and any additional documents or pleadings related to the petition shall be served on the Department of Industrial Relations Return-to-Work Supplement Program in accordance with rule 10632.

(d) The petition shall be captioned “Petition Appealing Denial of Return-to-Work Supplement” and shall include the assigned ADJ number.

(e) The petition shall be based upon one or more of the grounds as prescribed for petitions for reconsideration in Labor Code section 5903.

(f) The Director may file an answer to the petition within 20 days of the date of service of the petition. A document cover sheet and a document separator sheet shall be filed with the answer, and “Return-to-Work Supplement Program Answer to Appeal” shall be entered into the document title field of the document separator sheet.

(g) The petition shall not be placed on calendar unless a Declaration of Readiness to Proceed is filed. The Declaration of Readiness to Proceed may not be filed until 30 days have elapsed from the service of the petition.

(h) If the Director of Industrial Relations acts under rule 17309 to amend, modify or rescind the decision being appealed, the resulting order by the Director shall be served on the parties within 15 days following the date the appeal was filed and shall be filed with the district office having venue or in EAMS.

Note: Authority cited: Sections 133, 139.48, 5307, 5309 and 5708, Labor Code. Reference: Section 5903, 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).