This section has been repealed. It stays here because decisions applied it while it stood, and those decisions are unreadable without it. Do not rely on it as current law.
Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 8. Petitions Related to Administrative Orders
The regulation, as printed
The state publishes this section as a document rather than as text. Open the official copy below.
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5313, Labor Code.
1. Amendment of subsection (d) 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. Repealer 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 § 10566, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ11564195 · 2024-07-08 · Los Angeles District Office8 CCR § 10566
Determinative passage · p.3As with a workers' compensation administrative law judge (WCJ), an arbitrator's decision must be based on admitted evidence and must be supported by substantial evidence. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10566.) "It is the responsibility of the parties and the WCJ to ensure that the record is complete when a case is submitted for decision on the record. At a minimum, the record must contain, in properly organized form, the issues submitted for decision, the admissions and stipulations of the parties, and admitted evidence." (Hamilton, supra, 66 Cal.Comp.Cases at p. 475.) The WCJ's decision must "set[] forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on," so that "the parties, and the Board if reconsideration is sought, [can] ascertain the basis for the decision[.]... For the opinion on decision to be meaningful, the WCJ must refer with specificity to an adequate and completely developed record." (Id.
The Board could not review the arbitrator's decision because the record was incomplete and did not allow for meaningful review.
Official decision · page 3 →
Rules beside this one
Article 8. Petitions Related to Administrative Orders — regulations rarely stand alone, and the answer is often two sections away.
- § 10562Failure to Appear. [Repealed]
- § 10563Appearances Required of Parties to Case-in-Chief. [Repealed]
- § 10563.1Other Appearances Required. [Repealed]
- § 10564Interpreters. [Renumbered]
- § 10565Petition Appealing Denial of Return-to-Work Supplement.
- § 10567Petition Appealing Independent Bill Review Determination.