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POLICY AND PROCEDURAL MANUAL - dir.ca.gov

STATE OF CALIFORNIA. LABOR AND WORKFORCE DEVELOPMENT AGENCY. DEPARTMENT OF INDUSTRIAL RELATIONS. DIVISION OF. WORKERS' COMPENSATION. -------------- WORKERS' COMPENSATION. APPEALS BOARD. POLICY AND PROCEDURAL MANUAL . 2013 Revision Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision State of California MEMORANDUM. Date: February 14, 2013. To: WORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGES. Workers' Compensation Appeals Board From: RONNIE G. CAPLANE DESTIE OVERPECK. Chairwoman Acting Administrative Director Workers' Compensation Division of Workers' Compensation Appeals Board Subject: DWC/WCAB POLICY AND PROCEDURAL MANUAL . 2012 REVISION. This POLICY and PROCEDURAL MANUAL , which became operative as of October 6, 2003, with all prior versions and sections rescinded and deemed inoperative as of October 6, 2003, has been amended.

Feb 14, 2013 · This Policy and Procedural Manual, which became operative as of October 6, 2003, with all prior versions and sections rescinded and deemed inoperative as of October 6, 2003, has been amended.

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Transcription of POLICY AND PROCEDURAL MANUAL - dir.ca.gov

1 STATE OF CALIFORNIA. LABOR AND WORKFORCE DEVELOPMENT AGENCY. DEPARTMENT OF INDUSTRIAL RELATIONS. DIVISION OF. WORKERS' COMPENSATION. -------------- WORKERS' COMPENSATION. APPEALS BOARD. POLICY AND PROCEDURAL MANUAL . 2013 Revision Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision State of California MEMORANDUM. Date: February 14, 2013. To: WORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGES. Workers' Compensation Appeals Board From: RONNIE G. CAPLANE DESTIE OVERPECK. Chairwoman Acting Administrative Director Workers' Compensation Division of Workers' Compensation Appeals Board Subject: DWC/WCAB POLICY AND PROCEDURAL MANUAL . 2012 REVISION. This POLICY and PROCEDURAL MANUAL , which became operative as of October 6, 2003, with all prior versions and sections rescinded and deemed inoperative as of October 6, 2003, has been amended.

2 This is not a final document. The Appeals Board and the Administrative Director will entertain suggestions for additional sections or revisions of existing sections. Those suggestions may be forwarded to WORKERS' COMPENSATION APPEALS BOARD. Post Office Box 429459. San Francisco CA 94142-9459. i Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision 2012-2013 REVISION COMMITTEE. FREDERICK T. DIETRICH. Secretary and Deputy Commissioner, Workers' Compensation Appeals Board RICHARD NEWMAN. Chief Judge, Division of Workers' Compensation MARK FUDEM. Associate Chief Judge, Central Region, Division of Workers Compensation ELLEN FLYNN. Associate Chief Judge, Southern Region, Division of Workers Compensation THOMAS E. CLARKE. Associate Chief Judge, Northern Region, Division of Workers Compensation Division of Workers' Compensation, Salinas PAIGE LEVY.

3 Presiding Workers' Compensation Judge Division of Workers' Compensation, Marina del Rey . PROJECT MANAGER. PAIGE LEVY. Presiding Workers' Compensation Judge Division of Workers' Compensation, Marina del Rey . The Revision Committee acknowledges and thanks the Workers' Compensation Section Executive Committee of the The State Bar of California for their assistance with the 2012- 2013 amendments, and also extends thanks to Annette Gabrielli for her administrative assistance. ii Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision 2002-2003 REVISION COMMITTEE. MERLE C. RABINE. Chairman, Workers' Compensation Appeals Board DENNIS J. HANNIGAN. Secretary and Deputy Commissioner, Workers' Compensation Appeals Board STEVEN P. SIEMERS. Chief Judge, Division of Workers' Compensation KENNETH PETERSEN.

4 Associate Chief Judge, Northern Region, Division of Workers Compensation MARK KAHN. Associate Chief Judge, Southern Region, Division of Workers Compensation THOMAS E. CLARKE. Presiding Workers' Compensation Administrative Law Judge Division of Workers' Compensation, Salinas BERTRAM COHEN. Presiding Workers' Compensation Administrative Law Judge Division of Workers' Compensation, Stockton LINDA MORGAN. Presiding Workers' Compensation Administrative Law Judge Division of Workers' Compensation, Van Nuys ELLEN L. FLYNN. Presiding Workers' Compensation Administrative Law Judge Division of Workers' Compensation, Anaheim DONNA DAVID. Workers' Compensation Administrative Law Judge Division of Workers' Compensation, Long Beach JACQUELINE DUNCAN. Workers' Compensation Administrative Law Judge Division of Workers' Compensation, San Francisco NORMAN DE LA TERRE.

5 Workers' Compensation Administrative Law Judge Division of Workers' Compensation, Santa Ana . PROJECT MANAGER. RICHARD NEWMAN. Workers' Compensation Administrative Law Judge Division of Workers' Compensation, San Francisco iii Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision INTRODUCTION. This 2013 revision of the DWC/WCAB POLICY and PROCEDURAL MANUAL was prepared under the direction of the Administrative Director of the Division of Workers' Compensation (DWC) and Chairwoman of the Workers' Compensation Appeals Board (WCAB) pursuant to Labor Code Section 133, which section confers on the DWC Administrative Director and the Appeals Board the power and jurisdiction "to do all things necessary or convenient in the exercise of any power or jurisdiction conferred upon it under this code.

6 ". This MANUAL consists of policies and procedures that DWC/WCAB employees are required to follow and to assist the DWC and the WCAB in providing uniformity and direction to its employees in the day-to-day operation of the Board and its district offices. -o0o- iv Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision TABLE OF CONTENTS. Index Title No. Exparte Oral and Written Communications Petitions for Automatic Reassignment Declarations of Readiness to Proceed Scope and Redesignation of Expedited Hearings Walk-Through Emergency Petitions to Stay Calendar Clerk Cancellation of Hearing Trial Priorities Evidence, Hospital and Medical Records Conference and Trial Minutes and Summary of Evidence Procedures Following Submission of Formal Rating Instructions Taking Cases Off Calendar and Submissions Procedures for Petitions for Reconsideration Report of Workers' Compensation Judge on Reconsideration Referral to WCJ for Hearing Following A Grant of Reconsideration Petitions to Remove Report of Workers' Compensation Judge on Removal Report of Workers' Compensation Judge on Disqualification Compromise and Release and Stipulations With Request for Award Submission of Settlement.

7 Determination of Adequacy, and Approval Uninsured Employers, Joinder and Settlement Procedure If Proposed Settlement Not Acted On Within 45 Days Venue for Claims of DWC Employees Signing of Stipulations With Request for Award Disposition of Lien Claims In Settlements Service of Settlements on Lien Claimants Appearance by Non-Attorney Representatives Fraud Reporting By WCJs Self-Insured Employers, Certificate of Consent Transcript Requests Attorney's Fees, Lien for Death Cases Findings and Award Where No Dependents Exist Subsequent Injuries Benefits Trust Fund Court Decorum Accommodations Monetary Sanctions Carve Out Procedures v Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision Subject Index No. ACCOMMODATIONS APPEARANCE Non-Attorney Representative ATTORNEY FEES Lien for AUTOMATIC REASSIGNMENT Petitions for CARVE OUT Procedures COMMUNICATIONS Exparte Oral and Written COMPROMISE AND RELEASE AND STIPULATIONS WITH REQUEST FOR AWARD COURT DECORUM DECLARATION OF READINESS TO PROCEED DISQUALIFICATION, Report of Workers' Compensation Judge on EVIDENCE Hospital and Medical Records, Filing and Organization of Trial Exibits FILE (Case File)

8 Procedure If Proposed Settlement Not Acted on Within 45 Days FINDINGS AND AWARD Death Cases Where No Dependents Exist FRAUD = Reporting by WCJs HEARING Calendar Clerk Cancellation of HEARING Trial Priorities HEARING, EXPEDITED Scope and Redesignation of HEARING Taking Cases Off Cqalendar and Submissions MINUTES AND SUMMARY OF EVIDENCE Conference and Trial RATING INSTRUCTIONS, FORMAL Procedures Following Submission of RECONSIDERATION Procedures for Petition for RECONSIDERATION Referral to WCJ for Hearing RECONSIDERATION Report of Workers' Compensation Judge on REMOVAL, Report of Workers' Compensation Judge on REMOVE, Petitions to STAY, Emergency Petition to SANCTIONS, Monetary SELF-INSURED EMPLOYERS Certificate of Consent SETTLEMENT - Disposition of Lien Claims SETTLEMENT Service on Lien Claimants SETTLEMENT Submission of, Determination of Adequacy, Approval STIPULATIONS WITH REQUEST FOR AWARD Signing of STIPULATIONS WITH REQUEST FOR AWARD AND COMPROMISE AND RELEASE SUBSEQUENT INJURIES BENEFITS TRUST FUND TRANSCRIPT, Requests UNINSURED EMPLOYERS, Joinder and Settlement VENUE Claims of DWC Employees WALK-THROUGH vi Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL .

9 2013 Revision EX PARTE ORAL AND WRITTEN COMMUNICATIONS. Issued by MERLE C. RABINE RICHARD P. GANNON. Chairman Administrative Director Workers' Compensation Appeals Board Division of Workers' Compensation Effective: October 6, 2003. _____. When a WCJ receives an ex parte letter or other document from any party or lien claimant in a case pending before the WCJ, he or she shall serve copies of the letter or document on all other parties to the case with a cover letter explaining that the letter or document was received ex parte in violation of WCAB Rule 10324. EX PARTE ORAL AND WRITTEN COMMUNICATIONS Page 1 of 1. RETURN TO TABLE OF CONTENTS. Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL . 2013 Revision PETITIONS FOR AUTOMATIC REASSIGNMENT. Issued by RONNIE G. CAPLANE DESTIE OVERPECK. Chairwoman Acting Administrative Director Workers' Compensation Appeals Board Division of Workers' Compensation Amended: February 1, 2013.

10 Effective: October 6, 2003. _____. Reassignments pursuant to WCAB Rule 10453 shall be made, to the extent possible, in such a manner that the identity of the WCJ to whom the case is reassigned is unpredictable. Use of random rotation systems is encouraged. All WCJs in an office must be included in initial assignments to try cases. The fact that a particular attorney, law firm, employer or carrier regularly challenges a particular WCJ is not a sufficient reason to exclude that WCJ from an initial assignment to a case. Upon timely request to reassign, the matter shall promptly be reassigned to another WCJ. If another WCJ is not available in the district office, the PWCJ shall advise the Chief Judge or designee thereof and request reassignment. PETITIONS FOR AUTOMATIC REASSIGNMENT Page 1 of 1. RETURN TO TABLE OF CONTENTS. Division of Workers' Compensation Workers' Compensation Appeals Board POLICY AND PROCEDURAL MANUAL .


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