8 CCR § 10530 — Emergency Petition for Stay.

Where this sits

Chapter 4.5.
Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 7. Petitions, Pleadings and Forms

The regulation, as printed

(a) A party may present to the presiding workers' compensation judge of the district office having venue or the workers' compensation judge of the permanently staffed satellite office having venue a petition to stay an action by another party pending a hearing. Each district office will have a designee of the presiding workers' compensation judge available to assign petitions for stay from 8:00 a.m. to 11:00 a.m. and 1:00 p.m. to 4:00 p.m. on court days. (b) A party who walks through a petition to stay an action shall provide notice by fax or e-mail to the opposing party or parties no later than 10:00 a.m. of the immediately preceding court day. This notice shall state with specificity the nature of the relief to be requested by the petition to stay and state the date, time and place that the petition to stay will be presented. A copy of the petition to stay shall be attached to the notice. If notice by fax or e-mail fails, or if an opposing party's fax number or e-mail address are unknown, notice shall be given in the manner best calculated to expeditiously provide the party or parties with notice including notice by phone or by overnight mail or delivery service. First-class mail shall not be utilized for notice of a petition to stay an action. (c) A petition to stay an action shall be accompanied by a declaration regarding notice stating under penalty of perjury: (1) The notice given, including the date, time, manner and name of the party informed; (2) The relief sought; and (3) Whether opposition is expected. In addition, if the petitioner was unable to give timely notice to the opposing party, the declaration under penalty of perjury shall state that the petitioner in good faith attempted to inform the opposing party but was unable to do so, and shall specify the efforts made to inform the opposing party. (d) Upon the receipt of a proper petition to stay an action, the presiding workers' compensation judge shall, in their discretion, either: (1) Deny the petition; (2) Grant a temporary stay and set the petition for a hearing; or (3) Set the petition for a hearing, without either denying the petition or granting a temporary stay.

Official text at dir.ca.gov →

Authority and history

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4053, 4054, 4902, 5001, 5002, 5702 and 5710, Labor Code.

1. Amendment exempt from OAL review pursuant to Government Code section 11351 filed 12-19-90; operative 1-1-91 (Register 91, No. 7). 2. Repealer of article 7 heading, renumbering of former section 10530 to section 10640 and renumbering and amendment of former section 10470 to section 10530 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 § 10530, with the passage each turned on. A panel decision persuades; it does not bind.

ADJ10499441 · 2022-10-11 · Marina del Rey District Office8 CCR § 10530
Determinative passage · p.1Applicant contends that he will suffer "irreparable injury" and "substantial harm" due to the presiding WCJ's refusal to act on his request for a temporary emergency stay per WCAB Rule 10530. (Cal. Code Regs., tit. 8, § 10530.)
Applicant sought a temporary emergency stay per WCAB Rule 10530, which was refused by the presiding WCJ.
Official decision · page 1 →
ADJ13463458 · 2021-02-08 · Oakland District Office8 CCR § 10530
Determinative passage · p.3WCAB Rule 10530(a) (formerly Rule 10470) permits a party to file with the presiding WCJ an emergency petition to stay an action by another party pending a hearing. (Cal. Code Regs., tit. 8, former § 10470(a), now § 10530(a) (eff. Jan. 1, 2020).) The Rule provides in relevant part:
The WCJ denied the emergency petition without a hearing, which the WCAB found improper as the parties were not given an opportunity to present evidence and arguments.
Official decision · page 3 →

Rules beside this one

Article 7. Petitions, Pleadings and Forms — regulations rarely stand alone, and the answer is often two sections away.

§ 10525Petition for Increased or Decreased Compensation - Serious and Willful Misconduct.
§ 10528Petition for Increased Compensation - Discrimination Under Labor Code Section 132a.
§ 10532Notice to Appear or Produce. [Renumbered]1 decisions
§ 10534Petition to Reopen.2 decisions
§ 10536Petition for New and Further Disability.4 decisions
§ 10537Subpoena for Medical Witness. [Renumbered]

Search the catalogue for 10530 →The Labor Code above it →

The regulation, as printed

Authority and history

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4053, 4054, 4902, 5001, 5002, 5702 and 5710, Labor Code.

What panels did with this rule

Released decisions that named § 10530, with the passage each turned on. A panel decision persuades; it does not bind.

ADJ10499441 · 2022-10-11 · Marina del Rey District Office8 CCR § 10530

Determinative passage · p.1Applicant contends that he will suffer "irreparable injury" and "substantial harm" due to the presiding WCJ's refusal to act on his request for a temporary emergency stay per WCAB Rule 10530. (Cal. Code Regs., tit. 8, § 10530.)

Applicant sought a temporary emergency stay per WCAB Rule 10530, which was refused by the presiding WCJ.

Official decision · page 1 →

ADJ13463458 · 2021-02-08 · Oakland District Office8 CCR § 10530

Determinative passage · p.3WCAB Rule 10530(a) (formerly Rule 10470) permits a party to file with the presiding WCJ an emergency petition to stay an action by another party pending a hearing. (Cal. Code Regs., tit. 8, former § 10470(a), now § 10530(a) (eff. Jan. 1, 2020).) The Rule provides in relevant part:

The WCJ denied the emergency petition without a hearing, which the WCAB found improper as the parties were not given an opportunity to present evidence and arguments.

Official decision · page 3 →

Rules beside this one

Article 7. Petitions, Pleadings and Forms — regulations rarely stand alone, and the answer is often two sections away.

§ 10525Petition for Increased or Decreased Compensation - Serious and Willful Misconduct.

§ 10528Petition for Increased Compensation - Discrimination Under Labor Code Section 132a.

§ 10532Notice to Appear or Produce. [Renumbered]1 decisions

§ 10534Petition to Reopen.2 decisions

§ 10536Petition for New and Further Disability.4 decisions

§ 10537Subpoena for Medical Witness. [Renumbered]

Emergency Petition for Stay. 8 CCR § 10530

Where this sits

The regulation, as printed

Authority and history

What panels did with this rule

Rules beside this one

Your case already resembles someone else’s. Find whose.

Emergency Petition for Stay. 8 CCR § 10530

Where this sits

The regulation, as printed

Authority and history

What panels did with this rule

Rules beside this one

Your case already resembles someone else’s. Find whose.