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

§ 10912. Disqualification of Arbitrator.

After service of a list of panel members pursuant to rule 10910, any party may, within 10 days, petition the presiding workers' compensation judge to remove any member from the panel pursuant to section 170.1 of the Code of Civil Procedure. If the presiding workers' compensation judge finds cause under section 170.1 of the Code of Civil Procedure, the presiding workers' compensation judge shall remove the member or members of the panel challenged and add to the original list the appropriate number of arbitrators at random to make a full panel and, within 10 days, serve the list on the parties.

If the presiding workers' compensation judge selects an arbitrator pursuant to rule 10910, the parties will have 10 days after service of the name of the arbitrator to petition to disqualify that arbitrator pursuant to section 170.1 of the Code of Civil Procedure. If the presiding workers' compensation judge finds cause, the presiding workers' compensation judge shall assign another arbitrator pursuant to Labor Code section 5271(d) and order the issue or issues in dispute submitted to that 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. Renumbering of former section 10998 to section 10912, including amendment of section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).