The Workers’ Compensation Appeals Board issued two En Banc decisions reinstating a few of the Rules of Practice and Procedure that had been suspended earlier this year as a result of limitations caused by the COVID-19 pandemic.

The first case was Workers’ Compensation Appeals Board State of California In Re: Covid-19 State Of Emergency En Banc – No. 5 – Case No. Misc. No. 264.

The relevant section of the Opinion provided that “The Appeals Board hereby rescinds its suspension of WCAB Rules 10755, 10756 and 10888 effective as of the date of this decision. Suspension of the other Rules as outlined in the March 18, 2020 In Re: COVID-19 State of Emergency En Banc (Misc. No. 260) remains in effect until further notice.”

These three rules pertain to sanctions available to the WCJ for failure to appear and scheduled hearings. The rules that are now renstated can be reviewed using the links below.

— § 10755. Failure to Appear at Mandatory Settlement Conference in Case in Chief.
— § 10756. Failure to Appear at Trial in Case in Chief.
— § 10888. Dismissal of Lien Claims.

The second case was Workers’ Compensation Appeals Board State of California In Re: Covid-19 State Of Emergency En Banc – No. 6 – Case No. Misc. No. 265.

The relevant section of the Opinion provided that “The Appeals Board hereby rescinds its suspension of WCAB Rules 10620 and 10670(b)(3) as of December 1, 2020. These Rules will become effective again with respect to all workers’ compensation matters on December 1, 2020. Therefore, WCAB Rules 10620 and 10670(b)(3) apply to all trials on or after December 1, 2020.”

These two rules pertain to requirements for filing and service is proposed exhibits for trial. The rules that will be reinstated on December 1 can be reviewed using the links below.

— § 10620. Filing Proposed Exhibits.
— § 10670. Documentary Evidence.

Other than these five rules, all other Emergency Orders of prior En Banc decisions remain in effect.