This section has been repealed. It stays here because decisions applied it while it stood, and those decisions are unreadable without it. Do not rely on it as current law.
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
The state publishes this section as a document rather than as text. Open the official copy below.
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5702, Labor Code.
1. Renumbering of former section 10492 to section 10517 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 § 10492, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ12880191 · 2024-02-05 · Pomona District Office8 CCR § 10492
Determinative passage · p.5The workers' compensation system "was intended to afford a simple and nontechnical path to relief." (Elkins v. Derby (1974) 12 Cal. 3d 410, 419 [39 Cal. Comp. Cases 624]; Cf. Cal. Const., art. XX, § 21; § 3201.) Generally, "the informality of pleadings in workers' compensation proceedings before the Board has been recognized. (Zurich Ins. Co. v. Workmen's Comp. Appeals Bd. (1973) 9 Cal. 3d 848, 852 [38 Cal. Comp. Cases 500, 512]; Bland v. Workmen's Comp. App. Bd. (1970) 3 Cal. 3d 324, 328§ 334 [35 Cal. Comp. Cases 513].) "[I]t is an often-stated principle that the Act disfavors application of formalistic rules of procedure that would defeat an employee's entitlement to rehabilitation benefits." (Martino v. Workers' Comp. Appeals Bd., (2002) 103 Cal. App. 4th 485, 490 [67 Cal. Comp. Cases 1273].) Courts have repeatedly rejected pleading technicalities as grounds for depriving the Board of jurisdiction. (Rubio v. Workers' Comp. Appeals Bd. (1985) 165 Cal.
Applied to support liberal pleading rules and favor hearing on merits over technical dismissal.
Official decision · page 5 →
Rules beside this one
Article 6. Venue — regulations rarely stand alone, and the answer is often two sections away.
- § 10484Procedural Requirement. [Repealed]
- § 10488Objection to Venue Based on an Attorney's Principal Place of Business.4 decisions
- § 10490Petition for Change of Venue for Good Cause.
- § 10496Awards and Orders Without Hearing. [Repealed]
- § 10497Rejection of Stipulations. [Repealed]
- § 10498Special Requirements for Pleadings Filed or Served by Attorneys or by Non-Attorney Employees of an Attorney or Law Firm. [Renumbered]