Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 18. Reconsideration, Removal and Disqualification
The regulation, as printed
(a) Every petition for reconsideration, removal or disqualification shall fairly state all of the material evidence relative to the point or points at issue. Each contention shall be separately stated and clearly set forth. A failure to fairly state all of the material evidence may be a basis for denying the petition. (b) Every petition and answer shall support its evidentiary statements by specific references to the record. (1) References to any stipulations, issues or testimony contained in any Minutes of Hearing, Summary of Evidence or hearing transcript shall specify: (A) The date and time of the hearing; and (B) If available, the page(s) and line number(s) of the Minutes, Summary, or transcript to which the evidentiary statement relates (e.g., “Summary of Evidence, 5/1/08 trial, 1:30pm session, at 6:11-6:15”). (2) References to any documentary evidence shall specify: (A) The exhibit number or letter of the document; (B) Where applicable, the author(s) of the document; (C) Where applicable, the date(s) of the document; and (D) The relevant page number(s) (e.g., “Exhibit M, Report of John A. Jones, M.D., 6/16/08 at p. 7.”). (3) References to any deposition transcript shall specify: (A) The exhibit number or letter of the document; (B) The name of the person deposed; (C) The date of the deposition; and (D) The relevant page number(s) and line(s) (e.g., “Exh. 3, 6/20/08 depo of William A. Smith, M.D., at 21:20-22:5]”). (c)(1) Copies of documents that have already been received in evidence or that have already been made part of the adjudication file shall not be attached or filed as exhibits to petitions for reconsideration, removal, or disqualification or answers. Documents attached in violation of this rule may be detached from the petition or answer and discarded. (2) A document that is not part of the adjudication file shall not be attached to or filed with a petition for reconsideration or answer unless a ground for the petition for reconsideration is newly discovered evidence. (3) A document shall not be attached to or filed with a petition for removal or disqualification or answer unless the document is not part of the adjudication file and is relevant to a petition for removal or disqualification.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5900Labor Code § 5902Labor Code § 5904
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 126, 5310, 5311, 5900, 5902 and 5904, Labor Code.
1. Renumbering of former section 10842 to section 10945, 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 § 10945, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13039423 · 2026-06-01 · Anaheim District Office8 CCR § 10945
Determinative passage · p.3II. Section 5902 requires that: The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers' compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof.
The petition filed failed to meet these requirements and was dismissed or denied accordingly.
Official decision · page 3 → - ADJ16306548 · 2026-04-27 · Oakland District Office8 CCR § 10945
Determinative passage · p.12However, as the WCJ states in the Report, applicant asserts without evidence that the ombudsman failed to fulfill his duties or disclose conflicts of interest. (Report, pp. 12-13.) Hence we admonish applicant's attorney to support all evidentiary statements in pleadings filed with the
Applicant's attorney was admonished to support evidentiary statements with specific references or face denial of future petitions.
Official decision · page 12 → - ADJ11096892 · 2026-04-24 · San Francisco District Office8 CCR § 10945
Determinative passage · p.3Lastly, a petition for reconsideration must fairly state all of the material evidence relative to the point or points at issue. (Lab. Code, § 5902; Cal. Code Regs., tit. 8, § 10945(a).) The evidentiary statements in a petition for reconsideration must be supported by specific references to the record. (Cal. Code Regs., tit. 8, § 10945(b).) Applicant's attorney repeatedly alleges that the
The petition failed to state grounds under Labor Code section 5903 and did not comply with evidentiary requirements.
Official decision · page 3 → - ADJ16963666 · 2026-04-13 · San Diego District Office8 CCR § 10945
Determinative passage · p.5In determining whether we may consider defendant's attachments to the Petition, we note WCAB Rule 10945(c) provides the following:
Exhibits attached to the Petition were disregarded as they were copies or not newly discovered evidence.
Official decision · page 5 → - ADJ3117080 · 2025-10-27 · Sacramento District Office8 CCR § 10945
Determinative passage · p.6fails to state any grounds upon which reconsideration is sought or to cite with specificity to the record. Therefore, it is skeletal, and we will dismiss it.
Applied to dismiss the petition for reconsideration as skeletal and unsupported.
Official decision · page 6 → - ADJ17817958 · 2025-10-13 · Van Nuys District Office8 CCR § 10945
Determinative passage · p.3Petitions for removal are verified under penalty of perjury and they must fairly state all of the material evidence relative to the point or points at issue. (Cal. Code Regs., tit. 8, § 10945(a).) Each contention contained in a petition for removal must be stated separately and clearly set forth. (Ibid.) The petition shall support its evidentiary statements with specific references to the record. (Cal. Code Regs., tit. 8, § 10945(b).) "A petition for reconsideration, removal or disqualification may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved." (Cal. Code Regs., tit. 8, § 10972, (emphasis added).) In short, failure to cite the record and failure to fully and accurately set forth the facts and evidence is grounds to deny a petition for removal. (§ 5902; Cal. Code. Regs., tit. 8, § 10972.)
Defendant's petition failed to accurately cite the record and misrepresented facts, justifying sanctions.
Official decision · page 3 → - ADJ1504028 · 2025-10-09 · Anaheim District Office8 CCR § 10945
Determinative passage · p.2Finally, in the verified Petition for Removal, lien claimant states that defendant's substitute witness was not listed on the pre-trial conference statement. However, this is not true. We admonish lien representative Dan Escamilla and the Legal Service Bureau that verified petitions for removal "shall fairly state all of the material evidence relative to the point or points at issue" (Cal. Code Regs., tit. 8, § 10945(a)) and that engaging in tactics that are frivolous or solely intended to cause delay can subject the offending person to sanctions (Lab. Code § 5813; Cal. Code Regs., tit. 8, § 10421).
The Appeals Board admonished the lien representative for not fairly stating all material evidence in the petition.
Official decision · page 2 → - ADJ17262639 · 2025-09-29 · San Jose District Office8 CCR § 10945
Determinative passage · p.2(Cal. Code Regs., tit. 8, § 10744(d).) The rule states: "If a party has received a copy of the Declaration of Readiness to Proceed and has not filed an objection under this rule, that party shall be deemed to have waived any and all objections to proceeding on the issues specified in the declaration, absent extraordinary circumstances." (Ibid.) WCAB Rule 10744 can only be construed as the parties waiving objection to the WCJ setting the matter for trial. Per Labor Code section 5700, both the WCJ and the Appeals Board retain the discretion to determine whether a matter should be set for trial or whether a continuance is warranted. We would further note that petitions for removal may only be filed where there is a good faith and/or non-frivolous basis to allege irreparable harm or substantial prejudice. Furthermore, misstating the court's rulings or otherwise misleading the court in a petition is both grounds for denying the petition and may constitute bad faith and/or frivolous conduct. (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10945.) Accordingly, we deny removal.
The Appeals Board warned that petitions for removal must be made in good faith and non-frivolous basis, and misleading the court can lead to denial and sanctions.
Official decision · page 2 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10940Filing and Service of Petitions for Reconsideration, Removal, Disqualification and Answers.23 decisions
- § 10942Service. [Repealed]
- § 10944Notice of Hearing. [Repealed]
- § 10946Medical Reports in Subsequent Injuries Benefits Trust Fund Cases. [Repealed]
- § 10950Petitions Appealing Orders Issued by the Administrative Director. [Repealed]
- § 10952Appeal of Notice of Compensation Due. [Repealed]