In re Covid-19 State of Emergency En Banc – No. 5, 102720 CAWC, 264

• Case Date: October 27, 2020
• Court: California

IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 5 MISC. No. 264 California Workers Compensation Decisions Workers’ Compensation Appeals Board State Of California October 27, 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 10755, 10756 and 10888. (Cal. Code Regs., tit. 8, former §§ 10562, 10563, 10563.1, now §§ 10755, 10756, 10888 (eff. Jan. 1, 2020).) Pursuant to this decision, the Rules permitting dismissal of an application or lien claim for failure to appear were suspended.          The Appeals Board hereby rescinds its suspension of WCAB Rules 10755, 10756 and 10888 effective as of the date of this decision.          Suspension of the other Rules as outlined in the March 18, 2020 In Re: COVID-19 State of Emergency En Banc (Misc. No. 260) remains in effect until further notice.^[4]          For the foregoing reasons, IT IS SO ORDERED.           DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER.

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Notes: ^[1] Commissioner Gaffney was unavailable and did not participate in this decision ^[2] En banc decisions of the Appeals Board...