IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 7
MISC. No. 266
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State of California
December 15, 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 4, 2020, the State of California’s Governor,
Gavin Newsom, declared a state of emergency in response to
the spread of the novel coronavirus (COVID-19).[3] Governor Newsom
subsequently issued Executive Order N-33-20 on March 19,
2020, which required all Californians to stay home with
certain limited exceptions.4 The Division of Workers’
Compensation (DWC) temporarily closed the district offices
for filing as of March 17, 2020 to protect the health and
safety of staff and the community.5 The district offices
reopened for filing effective April 13, 2020, but limited
filings to e-filing via the Electronic Adjudication
Management System (EAMS), JET filing or by
mail.6 The DWC has continued to conduct hearings
via teleconference or video, but does not currently permit
filing of walk-through documents.7 On December 3, 2020, the
California Department of Public Health (DPH) issued a
Regional Stay At Home Order applicable based on a
region’s intensive care unit (ICU)
capacity.8 In light of the continued state of
emergency and to facilitate resolution of claims while
observing public health measures, we will order suspension of
WCAB Rule 10789(c) regarding the required time frames for
assignment of walk-through cases. (Cal. Code Regs., tit. 8,
§ 10370.) This suspension is applicable to all district
offices in the State.
WCAB
Rule 10789(a) states that certain documents “may be
submitted on a walk-through basis” including the
following: (1) Compromise and Releases; (2) Stipulations with
Request for Award; (3) Petitions for attorney’s fees
for representation of the applicant at a deposition; (4)
Petitions to compel attendance at a medical examination or
deposition; and (5) Petitions for Costs pursuant to rule
10545. (Cal. Code Regs., tit. 8, former § 10417(c), now
§ 10789(a) (eff. Jan. 1...
