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

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§ 10755. Failure to Appear at Mandatory Settlement Conference in Case in Chief.


(a) Where an applicant served with notice of a mandatory settlement conference fails to appear either in person or by attorney or non-attorney representative at the mandatory settlement conference, the workers' compensation judge may:
(1) Dismiss the application after issuing a 10-day notice of intention to dismiss, or
(2) Close discovery and set the case in chief for trial.
(b) Where a defendant served with notice of a mandatory settlement conference fails to appear either in person or by attorney or non-attorney representative at the mandatory settlement conference, the workers' compensation judge may:
(1) Close discovery and set the case for trial on all issues, or
(2) Set the case in chief for trial.
(c) Where a required party, after notice, fails to appear at a mandatory settlement conference in the case in chief and good cause is shown for failure to appear, the workers' compensation judge may take the case off calendar or may continue the case to a date certain.
(d) This rule shall not apply to lien conferences, which are governed by rule 10875.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution; and Sections 5502(e) and 5708, Labor Code.
HISTORY
1. Amendment of section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47).
2. Amendment filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42).
3. Editorial correction of History 2 (Register 2017, No. 8).
4. Renumbering of former section 10755 to section 10811 and new section 10755 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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