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

§ 10789. Walk-Through Documents.

(a) The following documents may be submitted on a walk-through basis without a party filing a Declaration of Readiness to Proceed or the Workers' Compensation Appeals Board serving a notice of hearing:

(1) Compromise and Releases;

(2) Stipulations with Request for Award;

(3) Petitions for attorney's fees for representation of the applicant at a deposition;

(4) Petitions to compel attendance at a medical examination or deposition; and

(5) Petitions for Costs pursuant to rule 10545.

(b) The following procedures shall be followed for filing walk-through documents:

(1) A walk-through settlement document (i.e., a Compromise and Release or a Stipulations with Request for Award), and all supporting medical reports and other supporting documents not previously filed, shall be filed directly with the workers' compensation judge at the date and time of the walk-through. Permanent and stationary medical or medical-legal reports shall be indicated as such. In addition, each walk-through settlement document (i.e., a Compromise and Release or a Stipulations with Request for Award) shall be accompanied by a proof of service showing that the settlement document was served on all other parties to the settlement, on any defendant not executing the settlement who may be liable for the payment of additional compensation, and on all lien claimants whose liens have not been resolved. A case opening settlement document being submitted for a walk-through shall be submitted no later than noon (12:00 p.m.) of the court day before any action on the walk-through, and shall be designated as a walk-through document. All documents in support of the settlement document shall be submitted at the walk-through with the assigned workers' compensation judge.

(2) A walk-through petition (i.e., a petition for deposition attorney's fees, a petition for costs or a petition to compel attendance at a medical examination or deposition) and all other documents relating to the walk-through petition, including any supporting documentation shall be filed directly with the workers' compensation judge at the date and time of the walk-through. The party presenting the walk-through petition shall use the appropriate form, document cover sheet, and document separator sheet. In addition, at the date and time of the walk-through, the party filing the walk-through petition shall file a proof of service directly to the workers' compensation judge, as follows:

(A) For a petition for attorney's fees for representation of the applicant at a deposition, a proof of service showing service on the injured worker and the defendant alleged to be liable for paying the fees.

(B) For a petition to compel attendance at a medical examination or deposition, a proof of service showing service on the injured worker, the injured worker's attorney and all defendants.

(c) Each district office shall have a designee of the presiding workers' compensation judge available to assign walk-through cases from 8:00 a.m. to 11:00 a.m. and 1:00 p.m. to 4:00 p.m. on court days.

(d) When appearing for the walk-through proceeding, the party filing the walk-through document shall appear before the district office staff person designated by the presiding workers' compensation judge to assign the walk-through document to a workers' compensation judge. The filing party shall then appear before the assigned workers' compensation judge. If the assigned workers' compensation judge is unavailable for any reason, the filing party shall then proceed to the presiding workers' compensation judge for possible reassignment to another workers' compensation judge.

(e) A workers' compensation judge who is presented with a walk-through settlement document shall approve it, disapprove it, suspend action on it, or accept it for later review and action.

(f) A walk-through document may be acted on only by a workers' compensation judge at the district office that has venue. If an injured worker has existing cases at two or more district offices that have venue, a walk-through document may be filed at any office having venue over an existing case that is a subject of the walk-through document. An existing case is a case that has been filed and assigned a case number prior to the filing of the walk-through document.

(g) A walk-through document may be acted on by any workers' compensation judge except as follows:

(1) If a workers' compensation judge has taken testimony, any walk-through document in that case must be acted on by the judge who took testimony if that workers' compensation judge works at the district office to which the case is assigned, unless the presiding workers' compensation judge allows it to be acted on by another workers' compensation judge.

(2) If a workers' compensation judge has reviewed a document and declined to approve it, a walk- through document in that case must be acted on by the same workers' compensation judge, if that workers' compensation judge works at the district office to which the case is assigned, unless the presiding workers' compensation judge allows it to be acted on by another workers' compensation judge.

(h) A workers' compensation judge who is presented with a walk-through petition for attorney's fees, petition for costs or petition to compel attendance shall issue an order in compliance with rule 10832.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4053, 4054, 5001, 5002, 5702 and 5710, Labor Code.

HISTORY

1. Renumbering and amendment of former section 10417 to section 10789 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).