Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 3. Parties, Joinder and Consolidation
The regulation, as printed
(a) Consolidation of two or more related cases, involving either the same injured employee or multiple injured employees, rests in the sound discretion of the Workers' Compensation Appeals Board. In exercising that discretion, the Workers' Compensation Appeals Board shall take into consideration any relevant factors, including but not limited to the following: (1) Whether there are common issues of fact or law; (2) The complexity of the issues involved; (3) The potential prejudice to any party, including but not limited to whether granting consolidation would significantly delay the trial of any of the cases involved; (4) The avoidance of duplicate or inconsistent orders; and (5) The efficient utilization of judicial resources. Consolidation may be ordered for limited purposes or for all purposes. (b) Consolidation may be ordered by the Workers' Compensation Appeals Board on its own motion, or may be ordered based upon a petition filed by one of the parties. A petition to consolidate shall: (1) List all named parties in each case; (2) Contain the adjudication case numbers of all the cases sought to be consolidated, with the lowest numbered case shown first; (3) Be filed in each case sought to be consolidated; and (4) Be served on all attorneys or non-attorney representatives of record and on all non-represented parties in each case sought to be consolidated. (c) Any order regarding consolidation shall be filed in each case to which the order relates. (d) If consolidation is ordered, the Workers' Compensation Appeals Board, in its discretion, may designate one case as the master file for exhibits and pleadings. If a master file is designated, any subsequent exhibits and pleadings filed by the parties during the period of consolidation shall be filed only in the master case. However, all pleadings and exhibit cover sheets filed shall include the caption and case number of the master file case, followed by the case numbers of all of the other consolidated cases. (e) All relevant documentary evidence previously received in an individual case shall be deemed admitted in evidence in the consolidated proceedings and shall be deemed part of the record of each of the several consolidated cases. (f) When cases are consolidated, joint minutes of hearing, summaries of evidence, opinions, decisions, orders, findings or awards may be used; however, copies shall be filed in the record of proceedings of each case.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5300, 5301, 5303 and 5708, Labor Code.
1. Renumbering and amendment of former section 10589 to section 10396 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). For prior history of section 10396, see Register 208, No. 47.
What panels did with this rule
Released decisions that named § 10396, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ11388750 · 2024-12-02 · Santa Ana District Office8 CCR § 10396
Determinative passage · p.5Here, the Order of Consolidation for purposes of discovery was issued on August 16, 2024, pursuant to WCAB rule 10396. (8/16/24 Order of Consolidation, case SAU13697043; Cal. Code Regs., tit. 8, § 10396.) We take judicial notice of case number SAU13697043 and of the Order of Consolidation issued in that case. We conclude that upon issuance of the Order of Consolidation, the WCJ in the present matter no longer had authority to issue orders related to discovery in this case, because jurisdiction over discovery issues in this matter lay with the Presiding WCJ in the consolidated proceeding. The September 3, 2024, F&O in this matter is thus unenforceable, until such time as the Order of Consolidation is revoked or the lien is transferred back to the original district office. For these reasons, we conclude that significant prejudice will result if removal is denied.
The Appeals Board applied WCAB Rule 10396 to conclude that discovery jurisdiction transferred to the Presiding WCJ in the consolidated lien proceeding, rendering the WCJ's stay order unenforceable.
Official decision · page 5 → - ADJ16491268 · 2024-09-04 · Redding District Office8 CCR § 10396
Determinative passage · p.2"Consolidation may be ordered by the Workers' Compensation Appeals Board [WCAB] on its own motion[.]" (Cal. Code Regs., tit. 8, § 10396(b).) Here, consolidation is appropriate as these matters involve common issues of fact and law, and consolidation avoids the issuance of duplicate or inconsistent orders and promotes the efficient use of judicial resources by deciding these matters in a single proceeding. (Cal. Code Regs., tit. 8, § 10396(a).)
Consolidation was ordered due to common issues of fact and law to avoid duplicate or inconsistent orders and promote judicial efficiency.
Official decision · page 2 → - ADJ8119670 · 2024-08-06 · Marina Del Rey District Office8 CCR § 10396
Determinative passage · p.8consolidation of two or more related cases involving the same injured employee or multiple injured employees. (Cal. Code Regs., tit. 8, § 10396(a).) Subsection (e) provides that, "[a]ll relevant documentary evidence previously received in an individual case shall be deemed admitted in evidence in the consolidated proceedings and shall be deemed part of the record of each of the several consolidated cases." Dr. Brourman was the validly selected AME in two of the consolidated cases, and pursuant to Rule 10396, the reporting became a part of the record in all of the consolidated cases.
Allows consolidation of related cases involving the same injured employee and deems all relevant documentary evidence previously received in an individual case admitted in the consolidated proceedings.
Official decision · page 8 → - ADJ13332737 · 2024-06-178 CCR § 10396
Determinative passage · p.6I. "Consolidation may be ordered by the Workers' Compensation Appeals Board on its own motion[.]" (Cal. Code Regs., tit. 8, § 10396(b).) Here, consolidation is appropriate as these matters involve common issues of fact and law, and consolidation avoids the issuance of duplicate or inconsistent orders and promotes the efficient use of judicial resources by deciding these matters in a single proceeding. (Cal. Code Regs., tit. 8, § 10396(a).) As discussed further below, in each of these cases, three (3) instances total, attorney Susan Garrett and hearing representative Lance Garrett each appear to have engaged in the similar tactic of objecting to trial settings, then filing a petition for reconsideration of the order setting the matter for trial on or near the day of trial and then failing to appear at trial.
The Board consolidated the three cases to address common issues of sanctions and costs involving Susan Garrett and Lance Garrett.
Official decision · page 6 → - ADJ14932580 · 2022-08-19 · San Francisco District Office8 CCR § 10396
Determinative passage · p.3(2) The complexity of the issues involved; (3) The potential prejudice to any party, including but not limited to whether granting consolidation would significantly delay the trial of any of the cases involved; (4) The avoidance of duplicate or inconsistent orders; and (5) The efficient utilization of judicial resources. (Cal. Code Regs., tit. 8, § 10396(a).) Given the authority cited above, the WCJ should have referred this issue to the presiding judge. Moreover, we note that no record has been created to enable the presiding judge to render a decision. Accordingly, we will grant reconsideration, rescind the WCJ's decision, and return this matter to the trial level for further proceedings consistent with this decision. For the foregoing reasons, IT IS ORDERED that reconsideration of the June 16, 2022 Order denying defendant's Petition for Consolidation is GRANTED.
The WCJ should have referred the consolidation issue to the presiding judge for consideration under these factors.
Official decision · page 3 →
Rules beside this one
Article 3. Parties, Joinder and Consolidation — regulations rarely stand alone, and the answer is often two sections away.
- § 10391Filing of Documentary Evidence. [Repealed]
- § 10392Time of Filing Documents. [Repealed]
- § 10393Filing of Medical Reports, Medical-Legal Reports, and Various Records. [Repealed]
- § 10395Improper Filing of Documents. [Repealed]
- § 10397Restrictions on the Rejection for Filing of Documents Subject to a Statute of Limitations or a Jurisdictional Time Limitation. [Renumbered]
- § 10398Assignment of Consolidated Cases.