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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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§ 10756. Failure to Appear at Trial in Case in Chief.


(a) Where an applicant served with notice of trial in the case in chief fails to appear either in person or by attorney or non-attorney representative at the trial, the workers' compensation judge may:
(1) Dismiss the application after issuing a 10-day notice of intention to dismiss, or
(2) Hear the evidence and, after service of the minutes of hearing and summary of evidence that shall include a 10-day notice of intention to submit, make such decision as is just and proper.
(b) Where a defendant served with notice of trial in the case in chief fails to appear either in person or by attorney or non-attorney representative at the trial, the workers' compensation judge may hear the evidence and, after service of the minutes of hearing and summary of evidence that shall include a 10-day notice of intention to submit, make such decision as is just and proper.
(c) Where a required party, after notice, fails to appear at a trial 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 trials, which are governed by rule 10876.
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. 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).

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