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

§ 10744. Objection to Declaration of Readiness to Proceed.

(a) Any objection to a Declaration of Readiness to Proceed shall be filed and served within 10 calendar days after service of the declaration. The objection shall set forth, under penalty of perjury, the specific reason why the case should not be set or why the requested proceedings are inappropriate.

(b) A false declaration or certification filed under this rule by any party, petitioner, attorney or non-attorney representative may give rise to proceedings under Labor Code section 134 for contempt or Labor Code section 5813 for sanctions.

(c) If a party is represented by an attorney or non-attorney representative, any objection to the Declaration of Readiness to Proceed shall be executed by the attorney or non-attorney representative.

(d) If a party has received a copy of the Declaration of Readiness to Proceed and has not filed an objection under this rule, that party shall be deemed to have waived any and all objections to proceeding on the issues specified in the declaration, absent extraordinary circumstances.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 134, 5500.3, 5502 and 5813, Labor Code.

HISTORY

1. Renumbering of former section 10416 to section 10744, including amendment of 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).