Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10400, 10402; Code Civ. Proc. §§ 284-285; In re White & Bunch (1981) 46 Cal.Comp.Cases 810
An attorney representative must file and serve a notice of representation and remain attorney of record until substitution or dismissal.
WCAB Rule 10752(a); WCAB Rule 10305(c); Labor Code § 5700
Each party or their representative must appear at all hearings pertaining to the case in chief; appearance means presence by a natural person.
Applicant appeared at trial, satisfying the appearance requirement; a legal entity cannot fail to appear, so the attorney's non-appearance was not a failure to appear.
From the decision · page 5Turning to appearances at trial, WCAB Rule 10752, subdivision (a) requires that: "each
applicant and defendant shall appear or have an attorney or non-attorney representative appear at
all hearings pertaining to the case in chief." (Cal. Code Regs., tit. 8, § 10752(a), emphasis added.)
Pursuant to WCAB Rule 10305(c), "`Appearance' means a party or their representative's presence,
pursuant to section 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c), emphasis added.)
Section 5700 provides in relevant part that: "Either party may be present at any hearing, in person,
by attorney, or by any other agent...." (Lab. Code, § 5700.) These rules presume that an appearance
is made by a natural person,5 whether licensed or not, and that an "appearance" is not made by a
legal entity, such as a law firm. That is, because the statutory and regulatory scheme presumes that
representation is by a natural person, the appearance requirement also presumes that an appearance
is by a natural person. Hence, by the same logic, only a natural person can fail to appear.
Labor Code § 5813; WCAB Rule 10421(a); Rucker v. WCAB (2000) 82 Cal.App.4th 151; Gangwish v. WCAB (2001) 89 Cal.App.4th 1284
Sanctions under Labor Code § 5813 require identification of a natural person and notice and opportunity to be heard before imposition.
The orders were void because no natural person was identified and the attorney was not given notice or opportunity to be heard, violating due process.