California WCAB Suspends Rule on Assignment of Walk-Through Cases

In an en banc decision Tuesday morning, California’s Workers’ Compensation Appeals Board (WCAB) suspended WCAB Rule 10789(c), which requires that each district office have a designee of the presiding judge available on court days to assign walk-through cases. Citing the ongoing state of emergency, the decision states “We will order suspension of WCAB Rule 10789(c) to provide the district offices with the ability to schedule time frames for walk-through of documents as appropriate for their capacity under these circumstances.” The presiding judge can limit the ability to submit walkthrough filings at their discretion, but this rule suspension means a shift from the current “e-file only” approach currently in place. The filings allowed as walk-throughs under WCAB rules include compromise and releases; stipulations with request for award; petitions for attorney fees for representing an applicant at a deposition; petitions to compel attendance at a medical exam or deposition; and petitions for costs.

SRTK will continue to monitor this development and provide updates as available. Please contact us with any questions about what this may mean for you.