Electronic Appearances Before the Workers' Compensation Appeals Board. 8 CCR § 10816

What panels did with this rule

Released decisions that named § 10816, with the passage each turned on. A panel decision persuades; it does not bind.

• ADJ12880191 · 2025-03-07 · Pomona District Office8 CCR § 10816

  Determinative passage · p.4"Either party may be present at any hearing, in person, by attorney, or by any other agent..." "`Appearance' means a party or their representative's presence, pursuant to Labor Code section 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c).) WCAB Rules 10815, 10816, and 10817 (Cal. Code Regs., tit. 8, § 10815, 10816, 10817) allow electronic proceedings, appearances, and testimony, and there is nothing in the Labor Code or in our Rules that requires that hearings be in person.

  Supports electronic appearance rights

  Official decision · page 4 →
• ADJ2030301 · 2024-04-04 · Santa Ana District Office8 CCR § 10816

  Determinative passage · p.2A party intending to appear electronically3 may seek permission to appear electronically at a hearing pursuant to WCAB Rule 10816, by filing a petition pursuant to WCAB Rule 10510.

  Defendant filed a petition under these rules to allow remote testimony.

  Official decision · page 2 →
• ADJ11199891 · 2024-03-18 · Oakland District Office8 CCR § 10816

  Determinative passage · p.2DISCUSSION WCAB Rules 10816 and 10510 govern electronic appearances. WCAB Rule 10816 states: "If a party intends to appear electronically at any hearing, they shall file a petition showing good cause pursuant to rule 10510." (Cal. Code Regs., tit. 8, § 10816.) WCAB Rule 10510 requires, among other things, that "a request for action by the Workers' Compensation Appeals Board...shall be made by petition." (Cal. Code Regs., tit. 8, § 10510.) Here, applicant's request for an electronic appearance lacked the formality typically associated with such a request under the rules, but the Board's rules "serve the convenience of the tribunal and the [litigants] and facilitate the proceedings. They do not deprive the tribunal of the

  The Board found the WCJ's denial was not supported by these rules as the request lacked formality but the rules serve convenience and do not deprive the tribunal of discretion to dispense with compliance when justice requires it.

  Official decision · page 2 →
• ADJ10371478 · 2023-03-10 · San Francisco District Office8 CCR § 10816

  Determinative passage · p.3The WCJ denies that her ruling was based upon bias. (Report, p. 3.) Instead, the WCJ explains that she denied the request because it failed to comply with the WCAB Rules of Practice and Procedure governing requests for electronic hearings, specifically, WCAB Rules 10816, 10510, and 10625. (Report, pp. 3-4.) WCAB Rule 10816 states: "If a party intends to appear electronically at any hearing, they shall file a petition showing good cause pursuant to rule 10510." (Cal. Code Regs., tit. 8, § 10816.) WCAB Rule 10510 requires, among other things, that "a request for action by the [WCAB]...shall be made by petition," and that "[a]ll petitions and answers shall be verified under penalty of perjury...." (Cal. Code Regs., tit. 8, § 10510.) WCAB Rule 10625 addresses proof of service, and states: "Proof of service" means a "dated and verified declaration identifying the document(s) served and the parties who were served, and stating that the service has been made and the method by which it has been made....If a document is served electronically,

  The WCJ denied the request based on non-compliance with these rules, but the Board found this was a misunderstanding of the rules.

  Official decision · page 3 →
• ADJ13460039 · 2022-12-01 · Anaheim District Office8 CCR § 10816

  Determinative passage · p.3After review of the governing regulations, we do not agree with the WCJ that a party must seek an ADA accommodation in order to demonstrate good cause for an electronic appearance. WCAB Rule 10816 authorizes parties to petition to be allowed to appear electronically, and nothing in that section or elsewhere in the WCAB's Rules of Practice and Procedure suggests that such a request must be conditioned on seeking an ADA accommodation, nor was it our intent in enacting the regulatory framework to require such. Moreover, requiring an accommodation in every case would burden both practitioners and the WCAB personnel responsible for evaluating such requests, with deleterious consequences for those who need to seek ADA accommodations for other purposes.

  Authorizes parties to petition for electronic appearance without requiring prior ADA accommodation request.

  Official decision · page 3 →