California Workers’ Compensation Appeals Board Reinstates Rules Previously Suspended During COVID-19 Pandemic

On Tuesday, the California Department of Industrial Relations Workers’ Compensation Appeals Board (WCAB) issued two en banc decisions which lift the suspensions of rules on lien claims and documentary trial exhibits.

In Case No. Misc. No. 264, the WCAB reinstated, effective immediately, a rule allowing the dismissal of applications or lien claims for failure to appear. That rule had been suspended in an en banc decision in March.

In Case No. Misc. No. 265, the WCAB reinstated, effective for all trials held on or after Dec. 1, 2020, the 20-day requirement for filing documentary trial exhibits, which had been suspended in an April decision.

We can expect to see further updates as the WCAB steadily adapts to new procedures in the face of the ongoing pandemic, and SRTK will continue to monitor the situation carefully. As always, please contact us with any questions about what these decisions may mean for you.