Demurrer, Judgment on the Pleadings and Summary Judgment Not Permitted. 8 CCR § 10515

What panels did with this rule

Released decisions that named § 10515, with the passage each turned on. A panel decision persuades; it does not bind.

• ADJ21422367 · 2026-08-20 · Santa Ana District Office8 CCR § 10515

  Determinative passage · p.1Defendant has filed a petition for removal from the order of continuance issued on April 15, 2026, by the workers’ compensation administrative law judge (WCJ). Thereafter on July 13, 2026, defendant filed a petition to withdraw the petition for removal as the issue was moot. We would admonish defense counsel, Andre Aladadyan (CA# 322015) of Bondy Law Group, that attorneys must proceed in good faith and may not present arguments, which could be construed as frivolous. (Lab. Code, 5813; Cal. Code. Regs., tit. 8, § 10421.) We would further admonish defense counsel that in workers’ compensation, “Demurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted.” (Cal. Code Regs., tit. 8, § 10515.) Accordingly, we will dismiss the petition for removal.

  Noting procedural limitations in workers’ compensation cases.

  Official decision · page 1 →
• ADJ16563992 · 2026-08-17 · Oakland District Office8 CCR § 10515

  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 →
• ADJ19112130 · 2026-07-21 · Pomona District Office8 CCR § 10515

  Determinative passage · p.2Code Regs., tit. 8, § 10761.) Defendant challenges its liability for cumulative injury in these proceedings, however, no record exists establishing any of the facts alleged in defendant’s petition. Absent a stipulation of the parties, such an argument can only be decided after the matter proceeds to a trial on the merits. We make no judgment at this time as to the merits of defendant’s petition as no record has been created. We would further remind defendant that in workers’ compensation proceedings: “Demurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted.” (Cal. Code Regs., tit. 8, § 10515.) Accordingly, we deny removal.

  The Board reminded the defendant that such procedural motions are not allowed in workers’ compensation proceedings.

  Official decision · page 2 →
• ADJ12009010 · 2026-06-23 · Long Beach District Office8 CCR § 10515

  Determinative passage · p.2Decisions of the Appeals Board "must be based on admitted evidence in the record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10761.)

  The Board reminded defendant that summary judgment is not permitted and decisions must be based on evidence, rejecting defendant's request for summary judgment on sanctions.

  Official decision · page 2 →
• ADJ6788916 · 2025-10-22 · Oakland District Office8 CCR § 10515

  Determinative passage · p.3WCAB Rule 10515 states that: "Demurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted." (Cal. Code Regs., tit. 8, § 10515.)

  Petitioners sought a remedy based on pleadings, which is not permitted.

  Official decision · page 3 →
• ADJ16635028 · 2025-04-14 · Long Beach District Office8 CCR § 10515

  Determinative passage · p.5As to the WCJ's statement that because lien claimant was given the opportunity to file an objection to the notice of intent, lien claimant "has received Due Process in accordance with the Regulations and procedures set forth for addressing nonappearances at a lien conference[]" (Report, p. 3), we remind the WCJ that judgments on the pleadings are not permitted in Workers' Compensation. (Cal. Code Regs., tit. 8, 10515.)

  The WCJ dismissed the lien without a hearing, violating due process.

  Official decision · page 5 →
• ADJ10607341 · 2025-04-03 · Van Nuys District Office8 CCR § 10515

  Determinative passage · p.2However, in workers' compensation matters, "[d]emurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted." (Cal. Code Regs., tit. 8, § 10515.) Rather, decisions in workers' compensation cases must be based upon an adequate record after providing all parties an opportunity to be heard, to protect the due process rights of everyone involved. (Lab. Code § 5313; Hamilton, supra, at p. 476; Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350, 351].)

  Applied to reject petition amounting to judgment on pleadings.

  Official decision · page 2 →
• ADJ16306548 · 2025-02-10 · Oakland District Office8 CCR § 10515

  Determinative passage · p.4(Cal. Code Regs., tit. 8, § 10515.) Here, the record reveals that the WCJ granted the Petition for Dismissal without holding a

  Dismissal was akin to summary judgment, which is prohibited, so order was rescinded

  Official decision · page 4 →