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
Authority and history
Note: Authority cited: Sections 133, 5307 and 5502, Labor Code. Reference: Section 5502, Labor Code.
1. New section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). 2. Renumbering of former section 10782 to section 10430 and renumbering of former section 10552 to section 10782, including amendment of section heading and section, 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 § 10782, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ15748945 · 2022-08-29 · Long Beach District Office8 CCR § 10782
Determinative passage · p.6From there, Defendant appears to undertake no further action on this claim until Applicant Attorney again files a DOR to Expedited Hearing, which resulted in the trial at issue on body parts and temporary disability.9 The DOR is dated May 16, 2022 and Defendant's Attorney objects to the Dr. Abrams report on May 18, 2022. The objection is nearly two weeks after Defendant's receipt of said report, albeit timely, but seemingly prompted by Applicant's claim for temporary disability benefits, i.e., the DOR. This does not appear to be diligent compliance with the duty to investigate in good faith as Defendant appears to merely be responding to actions set forth by Applicant's Attorney. Defendant instead seems to be only preparing objections and defenses on this claim to date and arguing that Applicant has not met their burden of proof, which violates the regulations.10
Defendant failed to investigate claim diligently and delayed discovery, which was weighed against them in denying the Petition.
Official decision · page 6 → - ADJ12651825 · 2022-08-19 · Van Nuys District Office8 CCR § 10782
Determinative passage · p.3(6) Any other issues requiring an expedited hearing and determination as prescribed in rules and regulations of the administrative director. (Lab. Code, § 5502(b).)
The WCJ has discretion to re-designate an expedited hearing as a mandatory settlement conference or continue the matter if the issues are not appropriate for expedited determination.
Official decision · page 3 → - ADJ13150222 · 2021-10-04 · Van Nuys District Office8 CCR § 10782
Determinative passage · p.1We received an answer from defendant. The WCJ issued a Report and Recommendation on Petition for Removal (Report) recommending that we grant removal and issue a decision finding that WCAB Rule 10782 and the WCAB Policy and Procedural Manual are invalid to the extent they prohibit an expedited hearing in conflict with section 5502. (Cal. Code Regs., tit. 8, former § 10552, now § 10782 (eff. Jan. 1, 2020).)
The WCAB found these rules invalid to the extent they prohibit expedited hearings under Labor Code section 5502.
Official decision · page 1 →
Rules beside this one
Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.