Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 6. Venue
The regulation, as printed
Pursuant to Labor Code section 5501.5(c), any employer or insurance carrier listed on an initial Application for Adjudication of Claim may file an objection to a venue selection, based on the employee's attorney's principal place of business under Labor Code section 5501.5(a)(3), within 30 days after notice of the adjudication case number and venue is received by the employer or insurance carrier. The objecting employer or insurance carrier shall state under penalty of perjury the date when the notice of the adjudication case number and venue was received. A timely objection shall result in venue being assigned in accordance with Labor Code section 5501.5(a)(1) or (a)(2).
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Section 5501.5, Labor Code.
1. Renumbering and amendment of former section 10410 to section 10488 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). For prior history of section 10488, see Register 93, No. 52.
What panels did with this rule
Released decisions that named § 10488, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16979720 · 2023-05-05 · Marina Del Rey District Office8 CCR § 10488
Determinative passage · p.3Here, the record is insufficient to allow a meaningful review of the PWCJ's determination of the issues presented. We acknowledge the PWCJ's reference to the EAMS communications record, but note that the underlying Notice of Application is not present in the record, nor is proof of service of the Notice on the employer or other parties on November 28, 2022. This omission concerns us because the 30-day time for a defendant to object to venue selection based on applicant's attorney's principal place of business under Labor Code section 5501.5(a)(3) is measured from receipt of the actual notice of the adjudication case number and venue. (Cal. Code Regs., tit. 8, § 10488.)
The Board found the record lacked proof of service of the Notice of Application, making the timeliness of the Petition for Change of Venue uncertain.
Official decision · page 3 → - ADJ14242860 · 2021-11-12 · Marina del Rey District Office8 CCR § 10488
Determinative passage · p.2WCAB Rule 10488 provides that, in order to timely object to venue based on an applicant's attorney's principal place of business, an employer must file an objection, pursuant to Section 5501.5(c) within 30 days from "receipt" of notice of an ADJ number and venue. In this case, given that defendant asserted, in a verified Petition for Removal that it attempted to file the Petition for Change of Venue by mail on March 2, 2021, defendant should be allowed to provide additional evidence related to its attempt to file the petition. Therefore, we will grant removal, rescind the August 19, 2021 Order, and return this matter to the trial level for the PWCJ to determine if defendant's Petition for Change of Venue was filed within 30 days of the employer's receipt of the Notice of Application.
Requires timely objection to venue within 30 days from receipt of notice of ADJ number and venue.
Official decision · page 2 → - ADJ14659603 · 2021-10-14 · San Francisco District Office8 CCR § 10488
Determinative passage · p.3Code, § 5501.5(a).) Subsection 5501.5(c) provides that, if the employer objects to venue selected on the basis of the employee's attorney's principal place of business, within 30 days of receipt of the information request form, then the application shall be filed pursuant to the first two paragraphs of subdivision (a), i.e., in the county where the employee, or dependent of a deceased employee, resides or where the injury allegedly occurred. WCAB Rule 10488 provides that a timely objection to venue pursuant to section 5501.5(c) must be filed within 30 days of receipt of the notice of the adjudication number. "A timely objection shall result in venue being assigned in accordance with
Requires timely objection to venue within 30 days of notice of adjudication number.
Official decision · page 3 → - ADJ14425732 · 2021-06-28 · Fresno District Office8 CCR § 10488
Determinative passage · p.2Labor Code1 section 5501.5(a) sets forth the locations where an application for adjudication of claim may be filed: 1) the county where the injured employee or the dependent of a deceased employee resides, 2) the county where the injury allegedly occurred, and 3) the county where the employee's attorney maintains his or her principal place of business. (Lab. Code, § 5501.5(a).) Subsection 5501.5(c) provides that, if the employer objects to venue selected on the basis of the employee's attorney's principal place of business, within 30 days of receipt of the information request form, then the application shall be filed pursuant to the first two paragraphs of subdivision (a), i.e., in the county where the employee, or dependent of a deceased employee, resides or where the injury allegedly occurred. WCAB Rule 10488 provides that, a timely objection to venue pursuant to section 5501.5(c) must be filed within 30 days of receipt of the notice of the adjudication number. "A timely objection shall result in venue being assigned in accordance with Labor Code section 5501.5(a)(1) or (a)(2)." (Cal. Code Regs., tit. § 10488.)
Defendant timely objected to venue, so venue must be transferred to Salinas District Office.
Official decision · page 2 →
Rules beside this one
Article 6. Venue — regulations rarely stand alone, and the answer is often two sections away.
- § 10480Venue.1 decisions
- § 10482Venue When Applicant is Employee of Division of Workers' Compensation.
- § 10484Procedural Requirement. [Repealed]
- § 10490Petition for Change of Venue for Good Cause.
- § 10492When Pleadings Deemed Amended. [Renumbered]1 decisions
- § 10496Awards and Orders Without Hearing. [Repealed]