This section has been repealed. It stays here because decisions applied it while it stood, and those decisions are unreadable without it. Do not rely on it as current law.
Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 5. Applications and Answers
The regulation, as printed
The state publishes this section as a document rather than as text. Open the official copy below.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 4061Labor Code § 4062Labor Code § 4600Labor Code § 4603.2Labor Code § 4603.3Labor Code § 4604.5Labor Code § 4610Labor Code § 4610.5Labor Code § 4610.6Labor Code § 4616.3Labor Code § 4616.4
Written under§ 4604
Authority and history
Note: Authority cited: Sections 133, 4606.2(f), 4604, 5304, 5307, 5309 and 5708, Labor Code. Reference: Sections 4061, 4601.5, 4062, 4600, 4603.2, 4603.3, 4604.5, 4610, 4610.5, 4610.6, 4616.3, 4616.4 and 4903(b), Labor Code.
1. New section filed 9-23-2013; operative 10-23-2013. Submitted as a file and print by the Workers' Compensation Appeals Board pursuant to Government Code section 11351 (Register 2013, No. 39). 2. Repealer filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10451.2, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ12210104 · 2021-02-09 · San Jose District Office8 CCR § 10451.2
Determinative passage · p.5"With respect to jurisdiction for dates of service on or after 1/1/2013, the WCJ explained that Labor Code § 4603.2 was amended effective 1/1/2013 to establish the IBR process, which requires the employer to provide an EOR [Explanation of Review] when paying less than the amount requested by the provider. If the provider disputes the amount paid after receiving the EOR, the provider may request a second review. The WCJ pointed out that the IBR process does not apply to disputes in which the employer fails to provide the required EOR; however, if a valid EOR is provided, the WCAB does not have jurisdiction over the dispute, which must be resolved through IBR." (Italics added.)
The WCAB applied the IBR process rules to determine jurisdiction over medical treatment expense disputes.
Official decision · page 5 →
Rules beside this one
Article 5. Applications and Answers — regulations rarely stand alone, and the answer is often two sections away.
- § 10450Invoking the Jurisdiction of the Workers' Compensation Appeals Board.2 decisions
- § 10451.1Determination of Medical-Legal Expense Disputes. [Repealed]6 decisions
- § 10451.3Petition for Costs. [Renumbered]
- § 10451.4Petition to Enforce Independent Bill Review Determination. [Renumbered]
- § 10452Petition for Disqualification of Judge. [Renumbered]
- § 10453Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge. [Renumbered]