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Ex. AGY-ST-COURTS-006 Order Primary source read

In re: COVID-19 State of Emergency, En Banc No. 7, Misc. No. 266

En banc decision suspending WCAB Rule 10789(c) (walk-through document assignment hours) in light of the Regional Stay At Home Order

Workers' Compensation Appeals Board of the State of California (en banc) · California Workers' Compensation Appeals Board (statewide) (Court)

The COVID Project

The record

Jurisdiction
California Workers' Compensation Appeals Board (statewide) · California
Level
Court
Authority
Cal. Lab. Code §§ 115, 133, 5310; Cal. Code Regs. tit. 8, §§ 10370, 10789; Cal. Const. art. XIV, § 4
Issued
2020-12-15 Dec. 15, 2020
Effective
2020-12-15
End
Until further notice (not verified) (read as 2021-09-30)
In force
Dec. 15, 2020 to Sept. 30, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitation types
Stay-at-homeCourts and public offices
Addressees
  • all WCAB district offices
  • presiding workers' compensation judges
  • parties
Functions reached
  • CT courts and agencies (settlement walk-throughs restricted)
  • SV claims servicing and settlement
  • OF office and administration
Collection
State courts AGY-ST-COURTS

Operative words

The Division of Workers' Compensation (DWC) temporarily closed the district offices for filing as of March 17, 2020... The district offices reopened for filing effective April 13, 2020, but limited filings to e-filing... The DWC has continued to conduct hearings via teleconference or video, but does not currently permit filing of walk-through documents. On December 3, 2020, the California Department of Public Health (DPH) issued a Regional Stay At Home Order... we will order suspension of WCAB Rule 10789(c) regarding the required timeframes for assignment of walk-through cases.... This suspension is applicable to all district offices in the State.

Enforcement

Binding en banc precedent (Cal. Code Regs. tit. 8, § 10325)

Notes

The tribunal's own recital establishes: district offices closed for filing Mar. 17-Apr. 13, 2020; hearings by teleconference or video through Dec. 2020; walk-through filings not permitted.