Menu Close

Upon a unanimous vote of its members, the Appeals Board issues this decision as a whole as an en banc decision. The new decision is named “IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 3” and is therefore its 3rd en banc decision suspending or modifying the rules of practice and procedure to adapt to the COVID-19 pandemic.

WCAB Rule 10620 (entitled “Filing Proposed Exhibits”) states in full: “Any document that a party proposes to offer into evidence at a trial shall be filed with the Workers’ Compensation Appeals Board at least 20 days prior to the trial unless otherwise ordered by the Workers’ Compensation Appeals Board.” (Cal. Code Regs., tit. 8, former § 10393(h), now § 10620 (eff. Jan. 1, 2020), emphasis added.)

We will order suspension of the 20 day requirement pursuant to the authority to do so provided by the Rule. WCAB Rule 10670(b) provides in relevant part:

(b) The Workers’ Compensation Appeals Board may decline to receive in evidence:

… (3) Any document not filed 20 days prior to trial, unless otherwise ordered by a workers’ compensation judge or good cause is shown.

(Cal. Code Regs., tit. 8, former § 10622, now § 10670(b)(3) (eff. Jan. 1, 2020).)

In light of the state of emergency, there is good cause to permit receipt into evidence of documents not filed 20 days prior to trial.

Therefore, we will also order suspension of the 20 day requirement in WCAB Rule 10670(b)(3). A workers’ compensation administrative law judge retains the authority to decline to receive documents in evidence as otherwise permitted by WCAB Rule 10670(b) and the law.

This order will remain in effect until further notice.