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

§ 10742. Declaration of Readiness to Proceed.

(a) Except when a hearing is set on the Workers' Compensation Appeals Board's own motion, no matter shall be placed on calendar unless one of the parties has filed and served a Declaration of Readiness to Proceed in the form prescribed by the Appeals Board. The Declaration of Readiness to Proceed shall be served on all parties in accordance with rule 10610.

(b) A lien claimant shall not file a Declaration of Readiness to Proceed unless:

(1) The underlying case of the injured employee or the dependent(s) of a deceased employee has been resolved or

(2) The injured employee or the dependent(s) of a deceased employee choose(s) not to proceed with their case.

(c) All declarations of readiness to proceed shall state under penalty of perjury that the moving party has made a genuine, good faith effort to resolve the dispute before filing the Declaration of Readiness to Proceed, and shall state with specificity on the Declaration of Readiness to Proceed the efforts made to resolve those issues. Unless a status or priority conference is requested, the declarant shall also state under penalty of perjury that the moving party has completed discovery and is ready to proceed on the issues specified in the Declaration of Readiness to Proceed.

(d) If a party is represented by an attorney or non-attorney representative any Declaration of Readiness to Proceed filed on behalf of the party shall be executed by the attorney or non-attorney representative.

(e) If a Declaration of Readiness to Proceed is filed without complying with the provisions of this section, the Workers' Compensation Appeals Board may order the hearing off calendar and may impose sanctions and award attorney's fees and costs in accordance with Labor Code section 5813 and rule 10421.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4903.05, 4903.06, 5500.3, 5502 and 5813, Labor Code.

HISTORY

1. New article 13 heading and renumbering and amendment of former section 10414 to section 10742 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).