Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10832 (a)
The WCJ may issue a notice of intention for any proper purpose including dismissing an application or sanctioning a party (Cal. Code Regs., tit. 8, 10832 (a)).
The NIT was found invalid as it was not issued for a proper purpose.
From the decision · page 2DISCUSSION
The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8,
§ 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or
dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4)
Submitting the matter on the record; or (5) Dismissing an application. (Id.)
"Either party may be present at any hearing, in person, by attorney, or by any other agent,
and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.)
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), italics
added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code
Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at
the hearing satisfied the appearance requirement.
As applicant met the requirement for appearing at the hearing by having his representative
attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly,
we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ
for further proceedings consistent with this decision.
Lab. Code, 5700
Either party may be present at any hearing in person, by attorney, or by any other agent and may present testimony (Lab. Code, 5700).
The appearance of applicant's representative satisfied the appearance requirement.
From the decision · page 2DISCUSSION
The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8,
§ 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or
dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4)
Submitting the matter on the record; or (5) Dismissing an application. (Id.)
"Either party may be present at any hearing, in person, by attorney, or by any other agent,
and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.)
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), italics
added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code
Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at
the hearing satisfied the appearance requirement.
As applicant met the requirement for appearing at the hearing by having his representative
attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly,
we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ
for further proceedings consistent with this decision.
Cal. Code Regs., tit. 8, 10752(a)
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)).
The appearance of applicant's representative satisfied the appearance requirement.
From the decision · page 2DISCUSSION
The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8,
§ 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or
dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4)
Submitting the matter on the record; or (5) Dismissing an application. (Id.)
"Either party may be present at any hearing, in person, by attorney, or by any other agent,
and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.)
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), italics
added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code
Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at
the hearing satisfied the appearance requirement.
As applicant met the requirement for appearing at the hearing by having his representative
attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly,
we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ
for further proceedings consistent with this decision.
Cal. Code Regs., tit. 8, 10305(c)
Appearance means a party or their representative's presence at any hearing (Cal. Code Regs., tit. 8, 10305(c)).
The appearance of applicant's representative satisfied the appearance requirement.
From the decision · page 2DISCUSSION
The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8,
§ 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or
dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4)
Submitting the matter on the record; or (5) Dismissing an application. (Id.)
"Either party may be present at any hearing, in person, by attorney, or by any other agent,
and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.)
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), italics
added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code
Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at
the hearing satisfied the appearance requirement.
As applicant met the requirement for appearing at the hearing by having his representative
attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly,
we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ
for further proceedings consistent with this decision.