Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 13. Hearings
The regulation, as printed
(a) A workers' compensation judge may receive evidence and submit an issue or issues for decision at a conference hearing if the parties agree. (b) If documentary evidence is required to determine the issue or issues being submitted, the parties shall comply with the provisions of rule 10759 regarding the listing and filing of exhibits. (c) After submission at a conference, the workers' compensation judge shall prepare minutes of hearing and a summary of evidence as set forth in rule 10787.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5708 and 5709, Labor Code.
1. Renumbering and amendment of former section 10541 to section 10761 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 § 10761, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ14514363 · 2026-03-20 · Goleta District Office8 CCR § 10761
Determinative passage · p.2Decisions of the Appeals Board "must be based on admitted evidence in the record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) 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, § 10761.) Any decision that occurs in this matter must first occur at the trial level with a proper record created.
Appeals Board cannot act without a proper record from the trial level; removal to skip trial level is not possible.
Official decision · page 2 → - ADJ18157692 · 2025-10-22 · Los Angeles District Office8 CCR § 10761
Determinative passage · p.2substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd.
Cited as background for the requirement to create a record and explain the basis for decisions.
Official decision · page 2 → - ADJ13756193 · 2024-04-05 · Bakersfield District Office8 CCR § 10761
Determinative passage · p.5The statutory and regulatory duties of a WCJ include the issuance of a decision that complies with Labor Code section 5313. A WCJ is required to "make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties. The endorsement to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE American Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Bd. en banc).)
The WCJ failed to issue an opinion on decision or create a record, violating these requirements.
Official decision · page 5 → - ADJ12880191 · 2024-02-05 · Pomona District Office8 CCR § 10761
Determinative passage · p.3Here, lien claimant filed a timely lien in what appeared to be the correct case number. Further, lien claimant was entitled to a hearing and the creation of a record on the issue of whether the error in listing the case number could be cured.
Applied to support lien claimant's right to hearing and record on case number issue.
Official decision · page 3 → - ADJ8310173 · 2023-12-11 · Pomona District Office8 CCR § 10761
Determinative passage · p.3A WCJ is required to "... make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order, or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE American Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Bd. en banc).) The WCJ's opinion on decision "enables the parties, and the Board if reconsideration is sought, to ascertain the basis for the decision, and makes the right of seeking reconsideration more meaningful." (Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Bd. en banc) (Hamilton), citing Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350].)
The WCJ failed to consider lien claimant's timely objection and did not provide a hearing, violating procedural requirements.
Official decision · page 3 → - ADJ1120351 · 2023-11-27 · Los Angeles District Office8 CCR § 10761
Determinative passage · p.4The statutory and regulatory duties of a WCJ include the issuance of a decision that complies with Labor Code section 5313. A WCJ is required to "make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties. The endorsement to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE American Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Bd. en banc).)
The Board found the WCJ's dismissal order lacked findings, summary of evidence, and evidentiary record, violating these requirements.
Official decision · page 4 → - ADJ14092813 · 2023-10-02 · Los Angeles District Office8 CCR § 10761
Determinative passage · p.3The statutory and regulatory duties of a WCJ include the issuance of a decision that complies with Labor Code section 53131. A WCJ is required to "make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of evidence received and relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE American Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Board. en banc).)
The WCJ failed to provide a summary of evidence and reasons in the Order Awarding Interpreting Costs, violating these requirements.
Official decision · page 3 → - ADJ15927101 · 2022-09-26 · San Bernardino District Office8 CCR § 10761
Determinative passage · p.2A WCJ is required to "make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together
The WCAB emphasized the requirement for the WCJ to make findings and provide a summary of evidence and reasons to enable meaningful reconsideration.
Official decision · page 2 →
Rules beside this one
Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.