Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 14. Record of Proceedings
The regulation, as printed
(a) Any matter may be set for an electronic hearing as set forth in rule 10745. (b) Any party may object to an electronic hearing by filing a written objection showing good cause after service of a notice that a hearing will be conducted electronically. (c) After an objection to a notice that a hearing will be conducted electronically is filed, the presiding workers' compensation judge of the district office having venue may set the issue of whether the hearing will be conducted electronically for a hearing. (d) If the presiding workers' compensation judge of the district office having venue takes no action on the objection before the hearing, it will be deemed deferred as an issue for the hearing before the assigned workers' compensation judge. (e) The Division of Workers' Compensation will make information available to members of the public regarding access to hearings.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5502, 5504 and 5700, Labor Code.
1. New section filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).
What panels did with this rule
Released decisions that named § 10815, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ12880191 · 2025-03-07 · Pomona District Office8 CCR § 10815
Determinative passage · p.4"Either party may be present at any hearing, in person, by attorney, or by any other agent..." "`Appearance' means a party or their representative's presence, pursuant to Labor Code section 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c).) WCAB Rules 10815, 10816, and 10817 (Cal. Code Regs., tit. 8, § 10815, 10816, 10817) allow electronic proceedings, appearances, and testimony, and there is nothing in the Labor Code or in our Rules that requires that hearings be in person.
Supports electronic appearance rights
Official decision · page 4 →
Rules beside this one
Article 14. Record of Proceedings — regulations rarely stand alone, and the answer is often two sections away.
- § 10811Destruction of Records.
- § 10813Sealed Documents.1 decisions
- § 10816Electronic Appearances Before the Workers' Compensation Appeals Board.5 decisions
- § 10817Electronic Testimony Before the Workers' Compensation Appeals Board.2 decisions
- § 10818Recording of Proceedings.
- § 10820When Certified Copies Will Issue.