Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 5. Applications and Answers
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 126, 3208.2, 5307.5, 5316, 5500 and 5501, Labor Code.
1. Renumbering of former section 10454 to new section 10455 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. Renumbering of former section 10455 to section 10534 and new section 10455 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 § 10455, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ18451814 · 2025-01-03 · Lodi District Office8 CCR § 10455
Determinative passage · p.6Defendant contends that applicant's filing in ADJ18451814 is duplicative of his filing in ADJ2117806 and must be dismissed pursuant to WCAB Rule 10455(a), which provides, in relevant part:
Rule provides for dismissal of duplicative applications but dismissal is discretionary.
Official decision · page 6 → - ADJ11292762 · 2021-05-26 · Los Angeles District Office8 CCR § 10455
Determinative passage · p.3Labor Code section 3208.1 provides that an injury may be either cumulative or specific and that a cumulative industrial injury occurs whenever the repetitive mentally or physically traumatic activities of an employee's occupation cause any disability or a need for medical treatment.1 There is but one cause of action for each injury coming within the provisions of the division." (Lab. Code, § 5303.) "Only one application shall be filed for each injury. Duplicative applications are subject to summary dismissal." (Cal. Code Regs., tit. 8, § 10455(a).)
The later-filed application was dismissed as duplicative because there was no evidence of a second cumulative trauma injury.
Official decision · page 3 →
Rules beside this one
Article 5. Applications and Answers — regulations rarely stand alone, and the answer is often two sections away.
- § 10451.3Petition for Costs. [Renumbered]
- § 10451.4Petition to Enforce Independent Bill Review Determination. [Renumbered]
- § 10452Petition for Disqualification of Judge. [Renumbered]
- § 10453Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge. [Renumbered]
- § 10454Automatic Reassignment After Reversal. [Repealed]
- § 10458Petition for New and Further Disability. [Renumbered]