Summary of Workers’ Compensation Regulation Changes

Big Change.

The DWC issued a seemingly bland Newsline on 8/20/2021 placing the public on notice of a 9/24/2021 public hearing on proposed amendments to Board Regulations 10300 through 10995. Some of these changes are useful, but not that interesting (such as adding or updating some definitions).

You could download and scan through all 32 pages of these regulations… or just check out this list of the interesting parts:

  • § 10745. Setting the Case. The Board may now set order any kind of hearing be conducted electronically on it’s own motion, with or without notice.
  • § 10750. Notice of Hearing. Now notices for hearings will indicate whether they will be held electronically.
  • § 10752. Appearances Required. Represented injured workers are no longer required to appear for mandatory settlement conferences.
  • § 10759. Mandatory Settlement Conferences. Now the parties “shall meet and confer prior to the mandatory settlement conference” and absent resolution file the pre-trial conference statement by the close of the conference.
  • § 10815. Electronic Hearings Before the Workers’ Compensation Appeals Board. If the Board notices an electronic hearing a party may object showing good cause – and it goes to the Presiding Judge to decide.
  • § 10816. Electronic Appearances Before the Workers’ Compensation Appeals Board. A party intending to appear electronically for any hearing not specifically designated as an electronic hearing may file a petition showing good cause pursuant to Board Rule § 10510.
  • § 10817. Electronic Testimony Before the Workers’ Compensation Appeals Board. A witness intending to testify electronically may file a petition showing good cause pursuant to Board Rule § 10510.
  • § 10832. Notices of Intention and Orders after Notices of Intention. Slightly expands a judge’s powers to issue a notice of intent.

What do you suppose these changes signal? Tune in next time for some ideas.

Photo courtesy of “MeMyself&*I

Workers' Compensation Defense Attorney Certified Specialist Workers Compensation Law California State Bar Board of Legal Specialization Managing Attorney of Purinton, Jimenez, Labo & Wu, LLP

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