IN RE: COVID-19 STATE OF EMERGENCY EN BANC –NO. 3
MISC. No. 262
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State of California
April 28, 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 adjudication of claims while
complying with public health measures, we will order
suspension of certain WCAB Rules of Practice and Procedure
regarding the 20 day requirement to file documentary trial
exhibits.
I.
WCAB
Rule 10620 (entitled “Filing Proposed Exhibits”)
states in full: “Any document that a party proposes to
offer into evidence at a trial shall be filed with the
Workers' Compensation Appeals Board at least 20 days
prior to the trial unless otherwise ordered by the
Workers' Compensation Appeals Board.” (Cal. Code
Regs., tit. 8, former § 10393(h), now § 10620 (eff.
Jan. 1, 2020), emphasis added.)
We will
order suspension of the 20 day requirement pursuant to the
authority to do so provided by the Rule.
WCAB
Rule 10670(b) provides in relevant part:
(b) The Workers’ Compensation Appeals Board may decline
to receive in evidence:
…
(3) Any document not filed 20 days prior to trial, unless
otherwise ordered by a workers’ compensation judge or
good cause is shown.
(Cal. Code Regs., tit. 8, former § 10622, now §
10670(b)(3) (eff. Jan. 1, 2020).)
In
light of the state of emergency, there is good cause to
permit receipt into evidence of documents not filed 20 days
prior to trial. Therefore, we will also order suspension of
the 20 day requirement in WCAB Rule 10670(b)(3). A
workers’ compensation administrative law judge retains
the authority to decline to receive documents in evidence as
otherwise permitted by WCAB...
