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
A separate Application for Adjudication of Claim shall be filed for each separate injury for which benefits are claimed. All applications shall conform to the following requirements: (a) Only one application shall be filed for each injury. Duplicative applications are subject to summary dismissal. (b) Upon filing an Application for Adjudication of Claim, the filing party shall concurrently serve a copy of the application and any accompanying documents on all other parties. (c) When filing an amended application, the applicant shall indicate on the box set forth on the application form that it is an amended application. (d) If the applicant is a minor or incompetent, the Application for Adjudication of Claim shall be accompanied by a Petition for Appointment of Guardian ad Litem and Trustee. (e) An applicant is not required to disclose their social security number. If an applicant discloses their Social Security number on the application, the Social Security number will be used solely for identification and verification purposes in order to administer the workers' compensation system except with the consent of the applicant, or as permitted or required by statute, regulation or judicial order. (f) Upon the filing of an initial application, the Workers' Compensation Appeals Board shall assign an adjudication case number and a venue. The case number and venue shall be indicated on a conformed copy of the application. (1) If the party filing the application is unrepresented, the Workers' Compensation Appeals Board shall serve a conformed copy of the application on all parties and lien claimants on the proof of service to the application. (2) If the party filing the application is represented, the Workers' Compensation Appeals Board shall serve a conformed copy of the application on the filing party or lien claimant. Upon receipt of the conformed copy of the application, the filing party shall forthwith serve a copy of the conformed application on all other parties and lien claimants.
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.
- ADJ7814539 · 2026-09-25 · Salinas District Office8 CCR § 10455
Determinative passage · p.9Appeals Bd. (2000) 79 Cal.App.4th 396, 403-405 [65 Cal.Comp.Cases 264].) “[A]llowing full development of the evidentiary record to enable a complete adjudication of the issues is consistent with due process in connection with workers’ compensation claims” and militates in favor of our presuming the continued vitality of sections 5701 and 5906, absent a clear legislative intention to the contrary. (Tyler, supra, 56 Cal.App.4th at p. 394.) An adequately developed record affords all parties due process of law and further provides for meaningful review by the Appeals Board of a WCJ’s decision. (Evans v. Workers’ Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350]; Hernandez v. Staff Leasing (2011) [76 Cal.Comp.Cases 343, 346-347].) Pursuant to sections 5701 and 5906, a WCJ or the Appeals Board may not leave undeveloped issues that, through the exercise of its specialized knowledge, recognizes as requiring further evidentiary development. (Kuykendall, supra, 79 Cal.App.4th at p. 404.) Accordingly, upon return of this matter to the trial level, we recommend the WCJ direct the parties to obtain supplemental reporting or deposition testimony specifically addressing the analysis required under Coltharp and Austin. The WCJ must then determine whether a single
The WCJ must direct parties to obtain supplemental reporting or deposition testimony to address cumulative injury periods and dates of injury.
Official decision · page 9 → - 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]