IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 2
No. MISC. No. 261
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State of California
April 6, 2020
Katherine A. Zalewski Chair
Upon a
unanimous vote of its members,1 the Appeals
Board issues this decision as a whole as an en banc
decision.2
(Lab. Code, § 115.)
On
March 19, 2020, the State of California’s Governor,
Gavin Newsom, issued Executive Order N-33-20, requiring all
Californians to stay home with certain limited
exceptions.3 In light of the continued state of
emergency and to facilitate compliance with public health
measures, we will order that certain documents may be emailed
directly to the district offices or the Appeals Board as
further outlined herein. We believe this measure is necessary
to fulfill our constitutional mandate to “accomplish
substantial justice in all cases expeditiously,
inexpensively, and without incumbrance of any
character” during this state of emergency. (Cal.
Const., art. XIV, § 4.)
I.
WCAB
Rule 10940(b) states in relevant part: “No documents
sent directly to the Appeals Board by fax or e-mail
will be accepted for filing, unless otherwise ordered by the
Appeals Board.” (Cal. Code Regs., tit. 8,
former § 10845(c), now § 10940(b) (eff. Jan. 1,
2020), emphasis added.) To the extent that WCAB Rule 10940(b)
prohibits sending documents directly to the Appeals Board by
email, we order that documents may be emailed directly to the
Appeals Board. Documents that may be emailed include, but are
not limited to, correspondence relating to a petition for
reconsideration that has been granted for further study by
the Appeals Board.[4] Documents sent
by email should include the information required for
pleadings by WCAB Rule 10520 and an email address for the
sending party. (Cal. Code Regs., tit. 8, former § 10498,
now § 10520 (eff. Jan. 1, 2020).) Documents sent by
email should otherwise comply with the WCAB’s Rules.
Documents
may be sent by email to WCABEmergencyBox@dir.ca.gov
and will be responded to per the Appeals Board’s normal
operating procedures.
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