Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 18. Reconsideration, Removal and Disqualification
(a) Any final order, decision or award filed by an arbitrator under the mandatory or voluntary arbitration provisions of Labor Code sections 5270 through 5275 shall be subject to the reconsideration process.
(b) A petition for reconsideration from any final order, decision or award filed by an arbitrator under the mandatory or voluntary arbitration provisions of Labor Code sections 5270 through 5275, and any answer, shall be filed in EAMS or with the district office having venue in accordance with Labor Code section 5501.5. No duplicate copies of petitions shall be filed with any other district office or with the Appeals Board.
(c) Within 15 days after receiving the petition for reconsideration, the arbitrator shall perform one of the following actions:
(1) Rescind the entire order, decision or award and initiate further proceedings within 30 days; or
(2) Rescind the order, decision or award and issue an amended order, decision or award. The time for filing a petition for reconsideration pursuant to Labor Code section 5903 will run from the filing date of the amended order, decision or award; or
(3) Prepare and serve a report on reconsideration as provided in rule 10962. Upon completion of the report on reconsideration, the arbitrator shall concurrently forward an electronic copy of the arbitrator's report and an electronic copy of the complete arbitration file directly to the presiding workers' compensation judge of the district office having venue over the matter. Upon receipt of the arbitrator's report and the record of arbitration proceedings, the district office shall enter the report and the file into the EAMS adjudication file.
(d) The petition for reconsideration, any answer, and the arbitration record shall be deemed part of the Workers' Compensation Appeals Board's record of proceedings under rule 10803.
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5270-5275, 5501.5 and 5900-5911, Labor Code.
1. New section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). For prior history, see Register 2008, No. 47.
2. Editorial correction of History 1 (Register 2017, No. 8).
3. Repealer of article 22 heading, repealer of former section 10995 and renumbering of former section 10866 to section 10995, 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).