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

§ 10920. Arbitrator Fee and Cost Disputes.

Any dispute involving an arbitrator's fee or cost shall be resolved by the presiding workers' compensation judge of the district office having venue.

Any request to resolve a dispute about arbitrator fees or costs must be accompanied by any written agreement pertaining to arbitrator fees or costs and a statement that shall include the nature of the dispute and an itemization of the hours spent in actual arbitration hearing, in preparation for arbitration, and in preparation of the decision. The statement shall also include an itemization of the verifiable costs including use of facility, reporters and transcript preparation.

An arbitrator's fee shall not exceed a reasonable amount. In establishing a reasonable fee, the presiding workers' compensation judge shall consider:

(a) Responsibility assumed by the arbitrator;

(b) Experience of the arbitrator;

(c) Number and complexity of the issues being arbitrated;

(d) Time involved; and

(e) Expeditiousness and completeness of issue resolution.

The presiding workers' compensation judge of each district office shall maintain statistics on all arbitration fees awarded pursuant to Labor Code section 5273(c) including the amount and rationale for the award pursuant to (a) through (e) above.

Arbitration costs will be allowed in a reasonable amount pursuant to Labor Code section 5273(a).

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

HISTORY

1. Renumbering of former section 10999 to section 10920, 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).