Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 9. Filing and Service of Documents
The regulation, as printed
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 § 5401
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 130 and 5401, Labor Code; Sections 1985 and 1987.5, Code of Civil Procedure; and Section 68097.1, Government Code.
1. New article 10 (sections 10640-10660) and renumbering and amendment of former section 10953 to section 10640 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). For prior history of article 10 (sections 10700-10727), see Register 2002, No. 51.
What panels did with this rule
Released decisions that named § 10640, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13967400 · 2022-10-17 · Sacramento District Office8 CCR § 10640
Determinative passage · p.3Rule 10640 should be deemed amended to conform with Labor Code § 5710. Parties in litigation are required to meet and confer and to attach a meet and confer declaration to any Petition to Quash a Subpoena. (Code. Civ. Proc., § 2025.410.) Defendant failed to attach any meet and confer declaration to any of its petitions in this case. Accordingly, it was proper to deny the petitions. Failure to meet and confer, and failure to act with substantial justification may also result in the court ordering sanctions. I respectfully recommend that removal be granted in this case and that the Appeals Board address Rule 10640, which appears to be an anachronism. (Report at p. 5.)
Rule governing subpoenas in workers' compensation proceedings, found to be outdated and recommended to be conformed to Labor Code section 5710.
Official decision · page 3 →
Rules beside this one
Article 9. Filing and Service of Documents — regulations rarely stand alone, and the answer is often two sections away.
- § 10631Specific Finding of Fact - Labor Code Section 139.2(d)(2). [Renumbered]
- § 10632Service on the Division of Workers' Compensation and the Director of Industrial Relations.
- § 10633Proposed Rating - Labor Code Section 4065. [Repealed]
- § 10634Labor Code Section 4628(k) Requests. [Repealed]
- § 10635Duty to Serve Documents.1 decisions
- § 10637Service of Medical Reports, Medical-Legal Reports, and other Medical Information on a Non-Physician Lien Claimant.