WCAB En Banc Decisions By: Corey Ingber

Oct 28, 2020

Dear Clients, Colleagues and Friends:
On 10/27/2020, the WCAB issued two En Banc decisions, in which it has rescinded its prior suspension of specific WCAB Rules, resulting from the state of emergency. The problem is that each of these decisions is flawed, as the WCAB refers to the incorrect WCAB Rules, which were changed as of 01/01/2020. These decisions both refer to a prior suspension of WCAB Rules, which do not even exist, as they were modified. So, I expect the WCAB will issue amended decisions, naming the correct rules. Otherwise, we have a state of confusion embodied within a state of emergency.
En Banc No. 5.
  • Rescinds prior suspension of:  10755, 10756 and 10888
  • 10755 – Repealed (should be 10562 – failure to appear rules now apply)
  • 10756 – Repealed (should be 10563 –parties to appear with settlement authority and 10563.1 -appearances at lien trials)
  • 10888- Resolution of Liens; This is valid. Effective 10/27/2020, parties required to attempt to resolve liens prior to order approving compromise and release or award on stipulations
En Banc No. 6.
  • Rescinds suspension of 10620 which was repealed
  • Rescinds suspension of 10670(b)(3) which had been renumbered
  • The correct rule is 10622 –failure to serve medical reports may result in the WCAB declining to receive same in evidence
  • The correct rule is 10393(h) –filing of medical reports at time of trial
  • Suspension of these correctly cited rules is rescinded for trials on and after 12/01/2020
Workers compensation. A never ending sea of new rules and regulations.
Stay tuned. Stay safe. Stay well.
Corey

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