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
(a) Notwithstanding rule 10390 or any other rule in this title, in the event of a public emergency, including but not limited to an earthquake, fire or the destruction of or danger to a district office, the chief workers' compensation judge, the designee of the chief workers' compensation judge or the Appeals Board may: (1) Extend by no more than 14 additional days the time to perform any act required or permitted under these rules, except for those acts subject to a statute of limitations or a jurisdictional time limitation, including but not limited to the filing of Petitions for Reconsideration or Removal, Petitions to Reopen, Applications for Adjudication of Claim or lien claim forms; or (2) Authorize the presiding workers' compensation judge of a specific district office to extend by no more than 30 additional days the time to perform any act required or permitted under these rules, except for those acts subject to a statute of limitations or a jurisdictional time limitation, including but not limited to the filing of Petitions for Reconsideration or Removal, Petitions to Reopen, Applications for Adjudication of Claim or lien claim forms; or (3) Authorize any district office to accept for filing, including by fax, those documents required by statute or regulation to be filed in a district office that is closed due to a public emergency. (b) Any order under (a)(1), (a)(2) or (a)(3) must specify the nature of the emergency and the district office or offices to which it applies. Any order under (a)(2) must also specify the length of the authorized extension and the reason for the extension. (c) If made necessary by the nature or extent of the public emergency, the chief workers' compensation judge, the designee of the chief workers' compensation judge or the Appeals Board may extend or renew an order issued under (a)(1) or (a)(2) for no more than 30 days.
Authority and history
Note: Authority cited: Sections 133, 5307 and 5309, Labor Code. Reference: Sections 5301 and 5307, Labor Code.
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).
What panels did with this rule
Released decisions that named § 10370, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ number not stated · 2022-01-038 CCR § 10370
Determinative passage · p.1On March 18, 2020, the Appeals Board issued our decision In Re: COVID-19 State of Emergency En Banc (Misc. No. 260) in response to the March 4, 2020 declaration of a state of emergency issued by the State of California's Governor, Gavin Newsom,2 and pursuant to WCAB Rule 10370. (Cal. Code Regs., tit. 8, § 10370.) The Appeals Board temporarily suspended specific WCAB Rules of Practice and Procedure in its decision, including the provision in WCAB Rule 10628 regarding the requirement for service by mail by the WCAB. (Cal. Code Regs., tit. 8, § 10628.)
The Appeals Board suspended specific rules including WCAB Rule 10628 regarding service by mail from March 18, 2020 through the applicant 1, 2022.
- ADJ number not stated · 2020-12-158 CCR § 10370
Determinative passage · p.2based on a region's intensive care unit (ICU) capacity.8 In light of the continued state of emergency and to facilitate resolution of claims while observing public health measures, we will order suspension of WCAB Rule 10789(c) regarding the required timeframes for assignment of walk-through cases. (Cal. Code Regs., tit. 8, § 10370.) This suspension is applicable to all district offices in the State.
The Appeals Board ordered suspension of the rule to facilitate resolution of claims while observing public health measures.
- ADJ number not stated · 2020-10-278 CCR § 10370
Determinative passage · p.1On March 18, 2020, the Appeals Board issued our decision In Re: the applicant-19 State of Emergency En Banc (Misc. No. 260) in response to the March 4, 2020 declaration of a state of emergency issued by the State of California's Governor, Gavin Newsom,3 and pursuant to WCAB Rule 10370. (Cal. Code Regs., tit. 8, § 10370.) The Appeals Board temporarily suspended specific WCAB Rules of Practice and Procedure in its decision including WCAB Rules 10755, 10756 and 10888. (Cal. Code Regs., tit. 8, former § 10562, 10563, 10563.1, now § 10755, 10756, 10888 (eff. Jan. 1, 2020).) Pursuant to this decision, the Rules permitting dismissal of an application or lien claim for failure to appear were suspended.
The Appeals Board acted pursuant to this rule to suspend and later rescind suspension of certain WCAB Rules.
- ADJ number not stated · 2020-07-168 CCR § 10370
Determinative passage · p.113 the State of California's Governor, Gavin Newsom,3 and pursuant to WCAB Rule 10370. (Cal. Code
The Appeals Board acted pursuant to WCAB Rule 10370 in response to the Governor's declaration of a state of emergency.
- ADJ number not stated · 2020-03-188 CCR § 10370
Determinative passage · p.114 In light of this state of emergency and pursuant to its authority per WCAB Rule 10370, the
Used by the Appeals Board to suspend specific rules temporarily due to the applicant-19 emergency.
Rules beside this one
Article 2. Powers, Duties and Responsibilities — regulations rarely stand alone, and the answer is often two sections away.