Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 18. Reconsideration, Removal and Disqualification
The regulation, as printed
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 § 5900Labor Code § 5911
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5270-5275, 5501.5 and 5900-5911, Labor Code.
1. New section filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). For prior history, see Register 2008, No. 47. 2. Editorial correction of History 1 (Register 2017, No. 8). 3. Repealer of article 22 heading, repealer of former section 10995 and renumbering of former section 10866 to section 10995, 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 § 10995, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13930082 · 2026-05-04 · Sacramento District Office8 CCR § 10995
Determinative passage · p.2As stated in our March, 6, 2026 Opinion and Order Granting Petition for Reconsideration (O&O), WCAB Rule 10995 provides that if the arbitrator does not rescind the order, decision or award within 15 days of receiving the petition for reconsideration, the arbitrator is required to forward an electronic copy of their report and the complete arbitration file within 15 days after receiving the petition for reconsideration pursuant to WCAB Rule 10995(c)(3). (Cal. Code Regs., tit. 8, § 10995(c)(1)-(3).) (emphasis added.)
Requires arbitrator to forward complete arbitration file within 15 days after receiving petition for reconsideration.
Official decision · page 2 → - ADJ9903090 · 2026-04-03 · Van Nuys District Office8 CCR § 10995
Determinative passage · p.7proceedings were conducted without the participation of Avo's as a necessary party and that Avo's was not served with the F&O -- the WCA took no steps to remedy the problem. Instead, he responded that Republic's consent was required to vacate the F&O. This response has no legal basis. A WCA has independent authority to amend or correct a decision for good cause under section 5803 and WCAB Rule 10966 (Cal. Code Regs., tit. 8, § 10966) and may rescind or amend a decision under WCAB Rule 10995 once a petition for reconsideration is filed.
The WCA has independent authority to amend or correct a decision for good cause and may rescind or amend a decision once a petition for reconsideration is filed.
Official decision · page 7 → - ADJ18504248 · 2026-03-09 · Anaheim District Office8 CCR § 10995
Determinative passage · p.3A petition for reconsideration of an arbitrator's decision or award made pursuant to the mandatory or voluntary arbitration provisions of sections 5270 through 5275 shall be filed in EAMS or with the district office having venue in accordance with section 5501.5. (Cal. Code Regs., tit. 8, § 10995.) WCAB Rule 10995 further provides that if the arbitrator does not rescind the order, decision or award within 15 days of receiving the petition for reconsideration, the arbitrator is required to forward an electronic copy of their report and the complete arbitration file within 15 days after receiving the petition for reconsideration pursuant to WCAB Rule 10995(c)(3). (Cal. Code Regs., tit. 8, § 10995(c)(1)-(3).)
The Board ordered that the complete record must be filed in EAMS within 30 days or the decision will be rescinded.
Official decision · page 3 → - ADJ13930082 · 2026-03-06 · Sacramento District Office8 CCR § 10995
Determinative passage · p.8Here, we are unable to conduct meaningful review of the petition or render a decision until we have received a complete record including stipulations, issues and exhibits appropriately identified including the offering party. Thus, this is not a final decision on the merits of the Petition for Reconsideration, and once a final decision is issued by the Appeals Board, any aggrieved person may timely seek a writ of review pursuant to sections 5950 et seq.
The Board found the record incomplete and could not review the merits until the required documents were filed.
Official decision · page 8 → - ADJ14930871 · 2025-11-03 · Santa Ana District Office8 CCR § 10995
Determinative passage · p.5A petition for reconsideration of an arbitrator's decision or award made pursuant to the mandatory or voluntary arbitration provisions of sections 5270 through 5275 shall be filed in EAMS or with the district office having venue in accordance with section 5501.5. (Cal. Code Regs., tit. 8, § 10995.)
The Appeals Board found the record incomplete and ordered compliance with these rules to protect due process rights.
Official decision · page 5 → - ADJ2548586 · 2025-04-03 · Van Nuys District Office8 CCR § 10995
Determinative passage · p.2On November 25, 2024 we granted the Petition and issued a Notice of Intention (NIT) that the September 21, 2023 decision by the WCA will be rescinded unless the required documents per WCAB Rule 10995(c)(3) are filed in the Electronic Adjudication Management System (EAMS) within thirty (30) days after service of this decision, plus an additional five (5) days for mailing per WCAB Rule 10605 (Cal. Code Regs., tit. 8, § 10605).
Requires filing of complete arbitration record for reconsideration review.
Official decision · page 2 → - ADJ11541887 · 2025-01-17 · San Diego District Office8 CCR § 10995
Determinative passage · p.7(10) Arbitrator's report on petition for reconsideration, removal or disqualification. (Cal. Code Regs., tit. 8, § 10914(c).) Here, the record includes the order that the insurance coverage dispute be arbitrated and appointing the WCA. (Minutes of Hearing, dated September 5, 2023.) However, the record does not contain the minutes of the arbitration proceedings, identifying those present, the date of the proceeding, the disposition and those served with the minutes or the identification of the party designated to serve the minutes. (Cal. Code Regs., tit. 8, § 10914(c)(3).) Nor does the record reflect the pleadings, petitions, objections, briefs and responses filed by the parties with the arbitrator, if any. (Cal. Code Regs., tit.
The Appeals Board applied these regulations to find the arbitration record incomplete and to require filing of a complete record for meaningful review.
Official decision · page 7 → - ADJ756255 · 2024-09-24 · Anaheim District Office8 CCR § 10995
Determinative passage · p.3As with a workers' compensation administrative law judge (WCJ), an arbitrator's decision must be based on admitted evidence and must be supported by substantial evidence. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) 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, § 10566.) "It is the responsibility of the parties and the WCJ to ensure that the record is complete when a case is submitted for decision on the record. At a minimum, the record must contain, in properly organized form, the issues submitted for decision, the admissions and stipulations of the parties, and admitted evidence." (Hamilton, supra, 66 Cal.Comp.Cases at p. 475.) The WCJ's decision must "set[] forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on," so that "the parties,
The Board could not conduct meaningful review due to the incomplete record, so the decision was rescinded and remanded.
Official decision · page 3 →
Rules beside this one
Article 18. Reconsideration, Removal and Disqualification — regulations rarely stand alone, and the answer is often two sections away.
- § 10986Authority of Workers' Compensation Judge After Decision After Reconsideration.
- § 10990Reconsideration of Arbitration Decisions Made Pursuant to Labor Code Sections 3201.5 and 3201.7.8 decisions
- § 10996Voluntary Arbitration. [Repealed]
- § 10997Request for Arbitration. [Repealed]
- § 10998Disqualification of Arbitrator. [Renumbered]
- § 10999Arbitrator Fee and Cost Disputes. [Renumbered]