Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 17. Arbitration
The regulation, as printed
Unless the applicant is not represented by an attorney, any party may file an arbitration submittal form after a defendant denies liability for benefits because it disputes insurance coverage. Any party may file an arbitration submittal form after a petition for contribution pursuant to Labor Code section 5500.5 has been filed. Any party may file a petition objecting to arbitration submittal if the party asserts the issues in dispute are not subject to mandatory arbitration pursuant to Labor Code section 5275(a). Upon receipt of an arbitration submittal form or an objection to an arbitration submittal form, the presiding workers' compensation judge may set the matter for a status conference to determine if the issues in dispute are subject to mandatory arbitration.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5270, 5272, 5275, 5276, 5277 and 5500.5, Labor Code
1. New article 17 heading and new section 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 § 10900, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13280143 · 2024-04-23 · Oakland District Office8 CCR § 10900
Determinative passage · p.2We also observe that section 5272 provides that "[a]rbitrators shall have all of the statutory and regulatory duties and responsibilities of a workers' compensation judge, as set forth in Chapter 1 (commencing with Section 5300) of Part 4...." (Lab. Code, § 5272.) In addition, and insofar as a party wishes to commence the mandatory arbitration process, section 5271(b) provides that "[i]f the parties cannot select an arbitrator by agreement, either party may request the presiding workers' compensation judge to assign a panel of five arbitrators selected at random from the list of eligible attorneys." (Lab. Code, § 5271(b).) WCAB Rule 10900 (Cal. Code Regs., tit. 8, § 10900) provides that "[a]ny party may file an arbitration submittal form after a petition for contribution pursuant to Labor Code section 5500.5 has been filed." Thus, any party to the contribution dispute may file the arbitration submittal form to commence the selection of an arbitrator at any time following the
The parties may commence arbitration by filing the arbitration submittal form at any time after the petition for contribution is filed.
Official decision · page 2 →
Rules beside this one
Article 17. Arbitration — regulations rarely stand alone, and the answer is often two sections away.