Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 7. Petitions, Pleadings and Forms
The regulation, as printed
(a) A petition for costs is a petition seeking reimbursement of an expense or payment for service that is not allowable as a lien against compensation under Labor Code section 4903. A petition for costs may be filed only by: (1) An employee or the dependent of a deceased employee; (2) A defendant; or (3) An interpreter for services other than those rendered at a medical treatment appointment or medical-legal examination. (b) The caption of the petition shall identify it as a “Petition for Costs.” (c) A petition for costs filed by an employee or a dependent may include, but is not limited to, a claim for reimbursement of payment(s) previously made directly to a provider for medical-legal goods or services, subject to any applicable official fee schedule. (d) A petition for costs filed by an interpreter shall contain, in addition to the general factual allegations of the petition: (1) A statement of the name(s) of any interpreter(s) who performed the services; (2) A statement that the services were actually performed; and (3) Either: (A) A statement of the certification number of the interpreter(s); or (B) If not certified, a statement that specifies why a certified interpreter was not used and that sets forth the qualifications of the interpreter, including any qualifications for a non-certified interpreter established by the rules of the Administrative Director. (e) A petition for costs shall not be filed or served until at least 60 days after a written demand for the costs has been served on the defendant or the person or entity from whom the costs are claimed. The petition shall append: (1) A copy of the written demand, together with a copy of its proof of service; and (2) A copy of the response, if any. A petition that fails to comply with these provisions may be dismissed. (f) A petition for costs submitted by any person or entity not listed in subdivision (a) shall be deemed dismissed by operation of law and shall not toll or extend any statute of limitations. (g) The Workers' Compensation Appeals Board may, at any time, issue a notice of intention to allow or disallow the costs sought by the petition, in whole or in part. The notice of intention shall give the petitioner and any adverse party no less than 15 calendar days to file written objection showing good cause to the contrary. If no timely objection is filed, or if the objection on its face fails to show good cause, the Workers' Compensation Appeals Board, in its discretion, may: (1) Issue an order regarding the petition for costs, consistent with the notice of intention; or (2) Set the matter for hearing. (h) If the filing of a petition for costs, or the failure to promptly make good faith payments on the costs sought by the petition, was the result of bad faith actions or tactics, the Workers' Compensation Appeals Board may impose monetary sanctions and allow reasonable attorney's fees and costs under Labor Code section 5813 and rule 10421. The amount of the attorney's fees, costs and sanctions payable shall be determined by the Workers' Compensation Appeals Board; however, for bad faith actions or tactics occurring on or after the effective date of this rule, the monetary sanctions shall not be less than $500.00.
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 § 4600
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4600, 4903 et seq., 5710, 5811 and 5813, Labor Code.
1. Renumbering of former section 10451.3 to section 10545, 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 § 10545, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16659537 · 2026-03-13 · Los Angeles District Office8 CCR § 10545
Determinative passage · p.11Once Great Northern was dismissed, it no longer had standing as an employee, dependent, defendant, or interpreter to file a petition for costs. Consequently, Great Northern's petition for costs was dismissed by operation of law. No subsequent filing cured this defect, and all the petitions for costs filed by Great Northern remain dismissed.
Once the defendant was dismissed, it no longer had standing to file a petition for costs, leading to dismissal by operation of law.
Official decision · page 11 → - ADJ7354270 · 2024-05-03 · Oxnard District Office8 CCR § 10545
Determinative passage · p.1While we agree with the WCJ that the Petition should be denied, we add the following: Cost Petitioner's Petition For Reconsideration should also be examined under WCAB Rule 10545(h) which first requires a finding of bad faith and if bad faith is found, then the WCJ determines the amount of the attorney's fees, costs and sanctions payable. Here, we agree with the WCJ that there was no bad faith based on the existing record and the fact that it took cost petitioner years to seek payment further confirms that there was no bad faith.
Requires a finding of bad faith before attorney's fees, costs and sanctions can be awarded.
Official decision · page 1 →
Rules beside this one
Article 7. Petitions, Pleadings and Forms — regulations rarely stand alone, and the answer is often two sections away.
- § 10540Petition to Terminate Liability for Continuing Temporary Disability.
- § 10541Submission at Conference. [Renumbered]
- § 10544Notice of Hearing. [Renumbered]
- § 10547Petition for Labor Code Section 5710 Attorney's Fees.
- § 10548Continuances. [Renumbered]
- § 10549Appearances in Settled Cases. [Renumbered]