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Upon a unanimous vote of its members, the Appeals Board issued a new en banc decision revoking emergency changes to the rules of practice and procedure to facilitate practicing before the WCAB during the COVID pandemic.

On March 4, 2020, the State of California’s Governor, Gavin Newsom, declared a state of emergency in response to the spread of the novel coronavirus (now known as COVID-19).

In response to the March 4, 2020 declaration of a state of emergency issued by Governor Newsom, and pursuant to WCAB Rule 10370 (Cal. Code Regs., tit. 8, § 10370), the Appeals Board issued the following:

– – In Re: COVID-19 State of Emergency En Banc (Misc. No. 260) on March 18, 2020, In Misc. No. 260, the Appeals Board temporarily suspended WCAB Rule 10500(b)(6) regarding witness signatures.
– – In Re: COVID-19 State of Emergency En Banc (Misc. No. 261) on April 6, 2020.Misc. In Misc No. 261, the Appeals Board temporarily suspended WCAB Rule 10940(b) regarding electronic filing of documents with the Appeals Board.
– – In Re: COVID-19 State of Emergency En Banc (Misc. No. 266) on December 15, 2020 in order to temporarily suspend specific WCAB Rules of Practice and Procedure. In Misc. No. 266, the Appeals Board temporarily suspended WCAB Rule 10789(c) regarding walk-through assignment hours. (Cal. Code Regs., tit. 8, §§ 10205.7(c), 10500(b), 10789(c), 10940(b).)

On October 17, 2022, Governor Newsom announced that the state of emergency in response to COVID-19 would end as of February 28, 2023. On February 28, 2023, Governor Newsom terminated the state of emergency.

“Accordingly, in light of the lifting of the state of emergency, we rescind all remaining provisions of en banc orders nos. 260, 261, and 266, effective as of the date of issuance of this decision.” This decision was dated March 22, 2023.

Practitioners need to be aware of the restoration of the rules of practice and procedure as they are written, and that now they are all now fully in effect.