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WCAB Issues Two En Banc Decisions Reinstating Specified Rules

Author: 

CAL OSHA Regulations

WCAB Reinstates Some Rules Following Covid Suspension

On October 27th, 2020, the WCAB has issued two en banc decisions reinstating specified rules that were suspended due
to the COVID-19 pandemic.

In the first decision, regulations that relate to its ability to dismiss an applicant or lien claim for failure to appear have been
reinstated.These regulations were temporarily suspended on March 18, 2020 but are now back in effect.

In the second decision, the WCAB reinstated rules requiring exhibits to be filed with them at least 20 days prior to trial
unless otherwise ordered. These rules will be reinstated on Dec. 1, 2020 and apply to all trials on or after that date.

Suspension of rules related to the time for WCJs and arbitrators to issue reports in response to petitions for reconsideration,
removal or disqualification were previously suspended.  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.

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