Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 17. Arbitration

§ 10910. Selection of Arbitrator.

(a) If the parties agree on an arbitrator, the parties shall file a proposed order appointing arbitrator concurrently with the arbitration submittal form. The presiding workers' compensation judge shall, within 10 days of receipt of the arbitration submittal form and proposed order, issue an Order Appointing Arbitrator or set the matter for a status conference.

(b) If the arbitration submittal form requests a panel pursuant to Labor Code section 5271, the presiding workers' compensation judge shall, within 10 days of receipt of the arbitration submittal form, serve on each of the parties an identical list of arbitrators selected at random pursuant to Labor Code 5271(b).

(1) Within 10 days of service of the list of arbitrators, any party may file a petition to disqualify an arbitrator for reasons set forth in section 170.1 of the Code of Civil Procedure. A timely petition for disqualification suspends the arbitrator selection process until the presiding workers' compensation judge acts on the petition. Together with any order issued regarding the petition for disqualification, the presiding workers' compensation judge shall set forth time limits for striking names.

(2) Within 15 days of service of the list of arbitrators, each party may strike two names from the list and serve notice of the names struck on all parties to the arbitration. Failure to serve notice waives a party's right to participate in the arbitrator selection process.

(3) The presiding workers' compensation judge shall, within 30 days of receipt of the arbitration submittal form, issue an Order Appointing Arbitrator or set the matter for a status conference.

(c) Only the arbitrator named in the Order Appointing Arbitrator shall conduct the arbitration.

(d) An arbitrator shall not communicate with any party regarding the merits of the issues to be arbitrated until appointed as the named arbitrator in the Order Appointing Arbitrator.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5271, 5272, 5273, 5275, 5276 and 5277, Labor Code; and Section 170.1, Code of Civil Procedure.

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).