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

§ 10914. Record of Arbitration Proceeding.

(a) The arbitrator shall make and maintain the record of the arbitration proceeding and shall file the record with the Appeals Board when required by this rule or rule 10940.

(b) The parties shall provide the arbitrator with a copy of the Arbitration Submittal Form and the Order Appointing Arbitrator.

(c) The record of arbitration proceedings shall include the following:

(1) Order Appointing Arbitrator;

(2) Notices of appearance of the parties involved in the arbitration;

(3) Minutes of the arbitration proceedings, identifying those present, the date of the proceeding, the disposition and those served with the minutes or the identification of the party designated to serve the minutes;

(4) Pleadings, petitions, objections, briefs and responses filed by the parties with the arbitrator;

(5) Exhibits filed by the parties;

(6) Stipulations and issues entered into by the parties;

(7) Arbitrator's Summary of Evidence containing evidentiary rulings, a description of exhibits admitted into evidence, the identification of witnesses who testified and summary of witness testimony;

(8) Verbatim transcripts of witness testimony if witness testimony was taken under oath.

(9) Findings, orders, awards, decisions and opinions on decision made by the arbitrator; and

(10) Arbitrator's report on petition for reconsideration, removal or disqualification.

(d) The arbitrator shall file any finding, order or award together with the opinion on decision with the Appeals Board when it is served on the parties.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5271, 5272, 5273, 5275, 5276 and 5277, 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).