Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 4. Conduct of Parties, Attorneys and Non-Attorney Representatives
The regulation, as printed
(a) For purposes of this rule, “vexatious litigant” means: (1) A party who, while acting in propria persona in proceedings before the Workers' Compensation Appeals Board, repeatedly relitigates, or attempts to relitigate, an issue of law or fact that has been finally determined against that party by the Workers' Compensation Appeals Board or by an appellate court; (2) A party who, while acting in propria persona in proceedings before the Workers' Compensation Appeals Board, repeatedly files unmeritorious motions, pleadings or other papers, repeatedly conducts or attempts to conduct unnecessary discovery, or repeatedly engages in other tactics that are in bad faith, are frivolous or are solely intended to cause harassment or unnecessary delay; or (3) A party who has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction(s) or occurrence(s) that are the subject, in whole or in substantial part, of the party's workers' compensation case. For purposes of this rule, the phrase “finally determined” shall mean: (i) That all appeals have been exhausted or the time for seeking appellate review has expired; and (ii) The time for reopening under Labor Code sections 5410 or 5803 and 5804 has passed or, although the time for reopening under those sections has not passed, there is no good faith and non-frivolous basis for reopening. (b) Upon the petition of a party, or upon the motion of any workers' compensation judge or the Appeals Board, a presiding workers' compensation judge of any district office having venue or the Appeals Board may declare a party to be a vexatious litigant. (c) No party shall be declared a vexatious litigant without being given notice and an opportunity to be heard. If a hearing is requested, the presiding workers' compensation judge or the Appeals Board, in their discretion, either may take and consider both oral and documentary evidence or may take and consider solely documentary evidence, including affidavits or other written declarations of fact made under penalty of perjury. (d) If a party is declared to be a vexatious litigant, a presiding workers' compensation judge or the Appeals Board may enter a “prefiling order,” i.e., an order which prohibits the vexatious litigant from filing, in propria persona, any Application for Adjudication of Claim, Declaration of Readiness to Proceed, petition or other request for action by the Workers' Compensation Appeals Board without first obtaining leave of the presiding workers' compensation judge of the district office where the request for action is proposed to be filed or, if the matter is pending before the Appeals Board on a petition for reconsideration, removal or disqualification, without first obtaining leave from the Appeals Board. For purposes of this rule, a “petition” shall include, but not be limited to, a petition to reopen under Labor Code sections 5410, 5803 and 5804, a petition to enforce a medical treatment award, a penalty petition or any other petition seeking to enforce or expand the vexatious litigant's previously determined rights. (e) If a vexatious litigant proposes to file, in propria persona, any Application for Adjudication of Claim, Declaration of Readiness to Proceed, petition or other request for action by the Workers' Compensation Appeals Board, the request for action shall be conditionally filed. Thereafter, the presiding workers' compensation judge, or the Appeals Board if the petition is for reconsideration, removal or disqualification, shall deem the request for action to have been properly filed only if it appears that the request for action has not been filed in violation of subdivision (a). In determining whether the vexatious litigant's request for action has not been filed in violation of subdivision (a), the presiding workers' compensation judge, or the Appeals Board, shall consider the contents of the request for action and the Workers' Compensation Appeals Board's existing record of proceedings, as well as any other documentation that, in its discretion, the presiding workers' compensation judge or the Appeals Board asks to be submitted. Among the factors that the presiding workers' compensation judge or the Appeals Board may consider is whether there has been a significant change in circumstances (such as new or newly discovered evidence or a change in the law) that might materially affect an issue of fact or law that was previously finally determined against the vexatious litigant. (f) If any in propria persona Application for Adjudication of Claim, Declaration of Readiness to proceed, petition or other request for action by the Workers' Compensation Appeals Board from a vexatious litigant subject to a prefiling order is inadvertently accepted for filing (other than conditional filing in accordance with subdivision (e) above), then any other party may file (and shall concurrently serve on the vexatious litigant and any other affected parties) a notice stating that the request for action is being submitted by a vexatious litigant subject to a prefiling order as set forth in subdivision (d). The filing of the notice shall automatically stay the request for action until it is determined, in accordance with subdivision (e), whether the request for action should be deemed to have been properly filed. (g) A copy of any prefiling order issued by a presiding workers' compensation judge or by the Appeals Board shall be submitted to the Secretary of the Appeals Board, who shall maintain a record of vexatious litigants subject to those prefiling orders and who shall annually disseminate a list of those persons to all presiding workers' compensation judges.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5410
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Article XIV, section 4, California Constitution; Sections 5410, 5803 and 5804, Labor Code; and Sections 391, 391.2 and 391.7, Code of Civil Procedure.
1. Renumbering and amendment of former section 10418 to new section 10430 filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Repealer of former section 10430 and renumbering of former section 10782 to section 10430, including amendment of section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10430, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13196307 · 2026-08-19 · Oakland District Office8 CCR § 10430
Determinative passage · p.1Applicant has filed a petition for removal from the “Opinion and Order Dismissing Petition for Removal” issued on March 13, 2026, by the Workers’ Compensation Appeals Board. Applicant generally contends that decision of the Appeals Board was in error. We have not received an answer from defendant. The workers’ compensation administrative law judge (WCJ) filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal. We have considered the allegations of the Petition for Removal and the contents of the WCJ’s Report. Based on our review of the record we will dismiss the Petition for Removal as the petition is a successive petition. A petitioning party cannot attack an Appeals Board decision through another petition seeking, in substance, the same relief. Successive petitions are not allowed and may constitute frivolous or bad faith conduct. (See Crowe Glass Company v. Industrial Acc. Com. (Graham) (1927) 84 Cal. App.
Successive petitions are not allowed and may constitute frivolous or bad faith conduct.
Official decision · page 1 → - ADJ16563992 · 2026-08-17 · Oakland District Office8 CCR § 10430
Determinative passage · p.5Thus, we conclude that the parties were provided with the notice of transmission required by section 5909(b)(1) because service of the Report in compliance with section 5909(b)(2) provided them with actual notice as to the commencement of the 60-day period on June 18, 2026. II. Turning to the merits, we will first consider applicant’s contention that the WCJ proceeded to trial in her absence. In our en banc decision in Perez v. Chicago Dogs (2025) 90 Cal.Comp.Cases 830 (Appeals Board en banc) (Chicago Dogs), we stated that: In conducting our preliminary review, we observe that in addition to our constitutional mandate to accomplish substantial justice, the following fundamental legal principles must guide us:
The WCAB applied these standards to find the WCJ violated due process by denying virtual appearance improperly, proceeding without applicant, and showing bias, leading to disqualification and rescission of the decision.
Official decision · page 5 → - ADJ3006563 · 2026-07-21 · Sacramento and San Francisco District Offices8 CCR § 10430
Determinative passage · p.1On April 18, 2025, the presiding workers’ compensation administrative law judge (PWCJ) at the Sacramento district office issued a Findings and Order (F&O) declaring applicant to be a vexatious litigant subject to a pre-filing order pursuant to WCAB Rule 10430. (Cal. Code Regs., tit. 8, § 10430.) The Order declaring that applicant is a vexatious litigant is final. Under WCAB Rule 10430(f), when a person who has been designated as a vexatious litigant proposes to file a petition for reconsideration, removal or disqualification, it is “conditionally filed.” The petition is only accepted as properly filed after approval by the Appeals Board. Applicant, in pro per, has conditionally filed a Petition for Reconsideration on May 18, 2026, listing case number ADJ3006563 only. Applicant has also conditionally filed a Petition for Removal on June 12, 2026, listing case numbers ADJ3006563 and ADJ18423850. The PWCJ issued a Report on each of the conditionally filed Petitions, and transmitted the cases to the Appeals Board. We have considered the contents of the Petitions and the record in the cases. Based on our review, we do not find a significant change in circumstances, such as new or newly discovered evidence or change in the law, that has materially affected the issue of fact or law that was
Applicant was declared a vexatious litigant subject to pre-filing order, affecting the filing of petitions.
Official decision · page 1 → - ADJ3006563 · 2026-01-06 · Sacramento District Office8 CCR § 10430
Determinative passage · p.1On April 18, 2025, the Presiding Workers Compensation Judge (PWCJ) issued a Findings and Order (F&O) declaring applicant to be a vexatious litigant subject to a pre-filing order pursuant to California Code of Regulations, title 8, section 10430. (Cal. Code Regs., tit. 8, § 10430.) Under WCAB Rule 10430, applicant must obtain prior approval from the Presiding Workers' Compensation Judge or the Appeals Board before he or she is allowed to file any application(s) for adjudication of claim, declaration(s) of readiness to proceed, pleading(s), petition(s) or other request(s) for action by the Workers' Compensation Appeals Board.
The applicant was declared a vexatious litigant and must obtain prior approval before filing, which affected acceptance of the petitions.
Official decision · page 1 → - ADJ16042609 · 2025-10-21 · Los Angeles District Office8 CCR § 10430
Determinative passage · p.2Pursuant to WCAB Rule 10430(d): (d) If a party is declared to be a vexatious litigant, a presiding workers' compensation judge or the Appeals Board may enter a "prefiling order," i.e., an order which prohibits the vexatious litigant from filing, in propria persona, any Application for Adjudication of Claim, Declaration of Readiness to Proceed, petition or other request for action by the Workers' Compensation Appeals Board without first obtaining leave of the presiding workers' compensation judge of the district office where the request for action is proposed to be filed or, if the matter is pending before the Appeals Board on a petition for reconsideration, removal or disqualification, without first obtaining leave from the Appeals Board. For purposes of this rule, a "petition" shall include, but not be limited to, a petition to reopen under Labor Code sections 5410, 5803 and 5804, a petition to enforce a medical treatment award, a penalty petition or any other petition seeking to enforce or expand the vexatious litigant's previously determined rights.
Applicant failed to obtain leave before filing new applications, violating the pre-filing order.
Official decision · page 2 → - ADJ761271 · 2021-09-22 · San Jose District Office8 CCR § 10430
Determinative passage · p.1On September 22, 2010, applicant was declared a vexatious litigant subject to a pre-filing order pursuant to California Code of Regulations, title 8, section 10430. (Cal. Code Regs., tit. 8, former § 10782, now § 10430 (eff. Jan. 1, 2020).) Under WCAB Rule 10430, applicant must obtain prior approval from the Presiding Workers' Compensation Judge or the Appeals Board before he or she is allowed to file any application(s) for adjudication of claim, declaration(s) of readiness to proceed, pleading(s), petition(s) or other request(s) for action by the Workers' Compensation Appeals Board, unless document(s) are filed by a licensed attorney, who has assumed applicant's representation.
Applicant must obtain prior approval before filing documents due to vexatious litigant status.
Official decision · page 1 →
Rules beside this one
Article 4. Conduct of Parties, Attorneys and Non-Attorney Representatives — regulations rarely stand alone, and the answer is often two sections away.