On Oct. 27, 2020, the WCAB issued two en banc decisions reinstating specified rules that had been suspended due to the COVID-19 pandemic.

In the first decision, the WCAB rescinded its suspension of CCR 10755, CCR 10756, and CCR 10888 effective as of the date of the decision.[1] Those regulations relate to the WCAB’s ability to dismiss an applicant or lien claim for failure to appear. These regulations were temporarily suspended on March 18, 2020 but are now back in effect.

In the second decision, the WCAB rescinded its suspension of CCR 10620 and CCR 10670(b)(3).[2] Those rules require exhibits to be filed with the WCAB at least 20 days prior to trial unless otherwise ordered. These rules do not become effective immediately. Instead, they will be reinstated on Dec. 1, 2020 and apply to all trials on or after that date.

The WCAB had previously rescinded its suspension of CCR 10961(a), CCR 10962(c), CCR 10990(f)(3)(E), and CCR 10995(c)(3), which related to the time for WCJs and arbitrators to issue reports in response to petitions for reconsideration, removal or disqualification, effective Sept. 1, 2020.[3]

The WCAB’s suspension of other rules will remain in effect until further notice.

 

  1. This decision is available at: https://www.dir.ca.gov/wcab/EnBancdecisions2020/COVID-19-October27-2020.pdf.
  2. This decision is available at: https://www.dir.ca.gov/wcab/EnBancdecisions2020/COVID-19-October-27-2020.pdf.
  3. This decision is available at: https://www.dir.ca.gov/wcab/EnBancdecisions2020/COVID-19-July-16-2020.pdf.