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

§ 10788. Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge.

A party shall be entitled to automatic reassignment of a trial or expedited hearing to another workers' compensation judge in accordance with the provisions of this rule. Consolidated cases are to be considered as one case within the meaning of this rule.

(a) An injured worker shall be entitled to one reassignment of a workers' compensation judge for trial or expedited hearing. The defendants shall be entitled to one reassignment of a workers' compensation judge for a trial or expedited hearing, which may be exercised by any of them. This rule is not applicable to conference hearings. In no event shall any motion or petition for reassignment be entertained after the swearing of the first witness at a trial or expedited hearing.

(b) If the parties are first notified of the identity of the workers' compensation judge assigned for trial at a mandatory settlement conference, at a status conference, at a lien conference, at a priority conference or upon reassignment at the time of trial, to exercise the right to automatic reassignment a party must make an oral motion immediately upon learning the name of the workers' compensation judge to whom the case has been assigned for trial. The motion shall be acted upon immediately by the presiding workers' compensation judge.

(c) If the parties are first notified of the identity of the workers' compensation judge assigned for trial or expedited hearing by a notice of trial served by mail, to exercise the right to automatic reassignment a party must file a petition requesting reassignment not more than 5 days after receipt of the notice of trial or expedited hearing. The presiding workers' compensation judge shall rule on any petition for automatic reassignment.

(d) If a petition for automatic reassignment is granted and results in a new trial date, a new notice of trial or expedited hearing shall be served. Unless required for the convenience of the Workers' Compensation Appeals Board, no continuance shall be granted by reason of a petition or motion under this rule. If a continuance is granted, another trial or expedited hearing shall be scheduled as early as possible.

(e) If a party files a petition or makes a motion for automatic reassignment and no other workers' compensation judge is available in the office, the assignment shall be made by a deputy commissioner of the Appeals Board.

Note: Authority cited: Section 5307, Labor Code. Reference: Section 5310, Labor Code.

HISTORY

1. Renumbering and amendment of former section 10453 to section 10788 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).