Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 2. Powers, Duties and Responsibilities
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5309, 5310 and 5700, Labor Code.
1. Amendment of section and Note filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Amendment of section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). 3. Amendment of section heading, 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).
What panels did with this rule
Released decisions that named § 10346, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13810218 · 2026-01-20 · Riverside District Office8 CCR § 10346
Determinative passage · p.3Labor Code section 5700 requires that where a hearing is adjourned it, "shall be continued to be heard by and shall be concluded and the decision made by the workers' compensation judge who previously heard it." (Lab. Code, § 5700, emphasis added.) WCAB Rule 10346(c), which interprets or makes specific Labor Code section 5700 provides, "To the extent practicable and fair, supplemental proceedings shall be assigned to the workers' compensation judge who heard the original proceedings." (Cal. Code Regs., tit. 8, § 10346 (c), emphasis added.)
Interprets Labor Code section 5700 requiring supplemental proceedings to be assigned to the WCJ who heard the original proceedings.
Official decision · page 3 → - ADJ6788916 · 2025-10-22 · Oakland District Office8 CCR § 10346
Determinative passage · p.2While the Appeals Board has the ultimate statutory authority to regulate the adjudication process, with respect to the scheduling of hearings, through the WCAB Rules, the Appeals Board delegates authority to the district office. Specifically, WCAB Rule 10346(a) states that: "(a) The presiding workers' compensation judge has full responsibility for the assignment of cases to the workers' compensation judges of each office and may utilize EAMS to assign cases." (Cal. Code Regs., tit. 8, § 10346(a).)
Scheduling of hearings is delegated to district offices.
Official decision · page 2 → - ADJ8233486 · 2024-02-12 · Van Nuys District Office8 CCR § 10346
Determinative passage · p.2We have reviewed the record in this case, the allegations of the Petition for Reconsideration and the Answer, and the contents of the Report. Based on our review of the record in this case, we grant reconsideration and as our decision after reconsideration, we rescind the F&O and return this case to the trial level for further proceedings. Given the acrimony apparent on the surface of the pleadings in this matter, which we believe gives rise to the inability of the WCJ to prepare a proper record for review on reconsideration despite the attempt to guide the process in the 2023 Decision, we conclude that the parties would be better served by a re-assignment to a new WCJ. (Lab. Code, § 5300, 5301, 5708.) We therefore return the matter to the presiding WCJ for re-assignment as to another WCJ. (Cal. Code Regs., tit. 8, § 10346(a).)
Applied to justify reassignment of the case to a new WCJ for further proceedings due to inability to prepare a proper record.
Official decision · page 2 →
Rules beside this one
Article 2. Powers, Duties and Responsibilities — regulations rarely stand alone, and the answer is often two sections away.
- § 10342Appeals Board, Member Orders. [Renumbered]
- § 10344Authority of Commissioners, Deputy Commissioners and Presiding Workers' Compensation Judges.
- § 10347Assignment of Judges. [Repealed]
- § 10348Authority of Workers' Compensation Judges. [Renumbered]
- § 10349Orders Equivalent to Notices of Intention. [Repealed]3 decisions
- § 10350Trials: Appointment and Authority of Pro Tempore Workers' Compensation Judges. [Repealed]