In re Covid-19 State of Emergency En Banc – No. 4, 071620 CAWC, 263

• Case Date: July 16, 2020
• Court: California

IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 4 MISC. No. 263 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California July 16, 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 18, 2020, the Appeals Board issued our decision In Re: COVID-19 State of Emergency En Banc (Misc. No. 260) in response to the March 4, 2020 declaration of a state of emergency issued by the State of California’s Governor, Gavin Newsom,3 and pursuant to WCAB Rule 10370. (Cal. Code Regs., tit. 8, § 10370.) The Appeals Board temporarily suspended specific WCAB Rules of Practice and Procedure in its decision including WCAB Rules 10961(a), 10962(c), 10990(f)(3)(E), and 10995(c)(3). (Cal. Code Regs., tit. 8, former §§ 10860, 10865, 10866, now §§ 10961(a), 10962(c), 10990(f)(3)(E), 10995(c)(3) (eff. Jan. 1, 2020).) Pursuant to this suspension, workers’ compensation judges (WCJs) and arbitrators were provided with an unlimited extension of time within which to issue reports in response to petitions for reconsideration, removal or disqualification.          The Appeals Board hereby rescinds its suspension of WCAB Rules 10961(a), 10962(c), 10990(f)(3)(E), and 10995(c)(3) as of September 1, 2020. These Rules will become effective again with respect to petitions filed on or after September 1, 2020.          Suspension of the other Rules as outlined in the March 18, 2020 en banc decision remains in effect until further notice.          For the foregoing reasons,          IT IS SO ORDERED.           DEIDRA E. LOWE, COMMISSIONER...