Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 11. Evidence
The regulation, as printed
(a) The Workers' Compensation Appeals Board favors the production of medical evidence in the form of written reports. Direct examination of a medical witness will not be received at a trial except upon a showing of good cause. A continuance may be granted for rebuttal medical testimony subject to Labor Code section 5502.5. (b) Medical reports should include where applicable: (1) The date of the examination; (2) The history of the injury; (3) The patient's complaints; (4) A listing of all information received in preparation of the report or relied upon for the formulation of the physician's opinion; (5) The patient's medical history, including injuries and conditions, and residuals thereof, if any; (6) Findings on examination; (7) A diagnosis; (8) Opinion as to the nature, extent and duration of disability and work limitations, if any; (9) Cause of the disability; (10) Treatment indicated, including past, continuing and future medical care; (11) Opinion as to whether or not permanent disability has resulted from the injury and whether or not it is stationary. If stationary, a description of the disability with a complete evaluation; (12) Apportionment of disability, if any; (13) A determination of the percent of the total causation resulting from actual events of employment, if the injury is alleged to be a psychiatric injury; (14) The reasons for the opinion; and (15) The signature of the physician. In death cases, the reports of non-examining physicians may be admitted into evidence in lieu of oral testimony. (c) All medical-legal reports shall comply with the provisions of Labor Code section 4628. Except as otherwise provided by the Labor Code and the Rules of Practice and Procedure of the Workers' Compensation Appeals Board, failure to comply with the requirements of this rule will not make the report inadmissible but will be considered in weighing the evidence.
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 § 4628
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4628, 5502.5, 5703 and 5708, Labor Code.
1. Renumbering of former section 10606 to section 10682, 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 § 10682, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ19297551 · 2025-08-11 · San Francisco District Office8 CCR § 10682
Determinative passage · p.12of reports into evidence and does not offer guidance about whether the pathology report in question here may be provided to the QME. (Opinion, at p. 7.) We observe, too, that Dr. Tarin's report was previously admitted into evidence in this matter. The WCJ correctly concluded that WCAB Rule 10682(b) has no relevance.
The Appeals Board found WCAB Rule 10682(b) irrelevant to the question of providing Dr. Tarin's report to the QME.
Official decision · page 12 → - ADJ12328983 · 2023-10-27 · Bakersfield District Office8 CCR § 10682
Determinative passage · p.2Finally, the first argument of the pending petition overlooks the power of the Appeals Board to develop the medical-legal record regardless of the follies of the litigants. The Appeal Board is expressly authorized to receive the reports of attending or examining physicians at any time and use those reports to prove or disprove any fact in dispute. Lab.C. § 5703. Defendant correctly argues that chemical exposures are complex matters that require discovery that cannot be reasonably completed within 90 days. Answer to Petition for Reconsideration 9/07/2023 p. 3 lines 5-22. Moreover, written reports from physicians remain the favored mode for the production of evidence to the Appeals Board. 8 CCR § 10682 (WCAB Rule 10682).
Supports the use of medical reports obtained after 90 days in the Appeals Board proceedings.
Official decision · page 2 → - ADJ11229321 · 2023-08-28 · Santa Ana District Office8 CCR § 10682
Determinative passage · p.48 CCR 10682 provides more elaboration regarding physicians' reports as evidence by indicating what should be included in medical reporting. Section (b)(5) lists "The patient's medical history, including injuries and condition, and residuals thereof, if any;". Section (c) continues by stating "All medical-legal reports shall comply with the provisions of Labor Code section 4628. Except as otherwise provided by the Labor Code and the Rules of Practice and Procedure of the Workers' Compensation Appeals Board, failure to comply with the requirements of this rule will not make the report inadmissible but will be considered in weighing the evidence."
Specifies what should be included in medical reporting and compliance with Labor Code section 4628.
Official decision · page 4 → - ADJ15164960 · 2023-05-12 · Fresno District Office8 CCR § 10682
Determinative passage · p.5Regarding the issue of injury AOE/COE as raised in the Petition, we agree with the WCJ that the treating physician's opinions appear to be based on incorrect facts. (Report, p. 7.) Further, the only report from a treating physician is Joint Exh. 2. The parties refer to that exhibit as a report from Laurie Hagopian-Dresser, M.D. Review of the document clearly shows that it does not include the name of the physician, nor does it include the physician's signature. (See footnote 1, above.) A report that does not indicate the name or status of the medical provider and does not include the signature of that provider does not constitute evidence upon which a finding may be based. (Cal. Code Regs., tit. 8, § 10682(b)(15).)
The WCAB applied this regulation to reject the treating physician's report as evidence because it lacked the provider's name and signature.
Official decision · page 5 → - ADJ11629114 · 2022-09-16 · San Francisco District Office8 CCR § 10682
Determinative passage · p.3Whether or not a medical report is substantial evidence is a determination regarding the weight of the evidence, not its admissibility. (Cal. Code Regs., tit. 8, § 10682(c).) Moreover, there has been no finding of grounds for replacement of the PQME pursuant to Labor Code section 4062.3 or Administrative Director (AD) Rule 31.5 and the WCJ has not cited any legal authority for disqualifying him. Therefore, while we agree with the WCJ that Dr. Wellborn's reports are not substantial medical evidence, that the WCJ may assign the reports whatever weight she deems appropriate, and that the WCJ has the discretion to appointment a regular physician pursuant to Labor Code section 5701 if the parties cannot or will not agree to an agreed medical examiner (AME), Dr. Wellborn's reports, which were admitted at the February 7, 2022 trial, must remain part of the record and there are presently no legal grounds for disqualification or replacement of the PQME.
The WCAB agreed that Dr. Wellborn's reports are not substantial medical evidence but must remain part of the record.
Official decision · page 3 → - ADJ10274932 · 2022-08-26 · Santa Ana District Office8 CCR § 10682
Determinative passage · p.3substantial evidence is a determination regarding the weight of the evidence, not its admissibility. (Cal. Code Regs., tit. 8, § 10682(c).)
The Appeals Board agreed with the WCJ that the reports were not substantial medical evidence but admitted them nonetheless.
Official decision · page 3 → - ADJ10571459 · 2021-03-04 · San Francisco District Office8 CCR § 10682
Determinative passage · p.7LC § 4628 and 8 CCR § 10682 (formerly 10606) set forth the following list of items thatmust be included in a medical-legal report in order for it to be considered "Substantial MedicalEvidence" upon which an evaluating physician may rely for his or her determination: LC § 4628 (a):
The WCAB applied these to evaluate the reports of Dr. Mirza and Dr. Campbell
Official decision · page 7 →
Rules beside this one
Article 11. Evidence — regulations rarely stand alone, and the answer is often two sections away.
- § 10672Evidence Taken Without Notice.
- § 10675Formal Permanent Disability Rating Determinations.
- § 10677Oversized Exhibits, Diagnostic Imaging, Physical Exhibits and Exhibits on Media.
- § 10680Reproductions of Documents.
- § 10683Specific Finding of Fact - Labor Code Section 139.2(d)(2).
- § 10685Vocational Experts' Reports as Evidence.1 decisions