Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 13. Hearings
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5504, Labor Code.
1. Amendment of section and Note filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Amendment of section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). 3. Amendment of subsection (a) filed 10-15-2014; operative 1-1-2015. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2014, No. 42). 4. Editorial correction of History 3 (Register 2017, No. 8). 5. Repealer of article 12 heading, repealer of former section 10750 and renumbering and amendment of former section 10544 to section 10750 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). 6. Amendment filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).
What panels did with this rule
Released decisions that named § 10750, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ14513544 · 2026-08-04 · Long Beach District Office8 CCR § 10750
Determinative passage · p.4550.) Determining an issue without giving the parties notice and an opportunity to be heard violates the parties’ rights to due process. (Gangwish v. Workers’ Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584], citing Rucker, supra, at pp. 157-158.) Under WCAB Rule 10750, notices of hearing shall be served by the WCAB. (Cal. Code Regs., tit. 8, § 10750.) Here, notices of the hearings were served by the WCAB on December 13, 2022, February 23, 2023, and April 10, 2023. Contrary to the WCJ’s belief, a notation on the Minutes does not satisfy the notice requirement in WCAB Rule 10750. Under WCAB Rule 10305(c), “‘[a]ppearance’ means a party or their representative’s presence.” (Cal. Code Regs., tit. 8, § 10305(c).) Under WCAB Rule 10875(a): “All defendants and lien claimants shall appear at all lien conferences, either in person or by attorney or non-attorney representative...” (Cal. Code Regs., tit. 8, § 10875(a), emphasis added.) At the February 21, 2023 hearing, the WCJ noted on the Minutes that “defendant” is ordered to appear. When a WCJ issues an order to appear, the person who is to appear must be identified with particularity and served with the order, and to ensure due process, a separate order is favored. Under the circumstances here, an appearance by counsel was sufficient.
Notices of hearing were served by the WCAB on December 13, 2022, February 23, 2023, and April 10, 2023, satisfying notice requirements.
Official decision · page 4 → - ADJ11008738 · 2025-10-20 · Long Beach District Office8 CCR § 10750
Determinative passage · p.4The WCJ explained in her Report that lien claimant was deprived of due process when defendant requested the WCJ issue a NOI to dismiss the lien claimant despite defendant's failure to serve lien claimant with a notice of hearing. (Report, at p. 7.) However, per WCAB Rule 10750, unless the WCJ specifically delegates a party to serve a notice of hearing, service of notice of hearing must be by the WCAB. In determining whether a party received notice of the hearing, the WCJ must inquire as to whether they received the official communication from the WCAB.
WCJ improperly relied on defendant to serve notice of hearing; no willfulness or prejudice found to warrant sanctions.
Official decision · page 4 → - ADJ12184149 · 2022-04-08 · San Bernardino District Office8 CCR § 10750
Determinative passage · p.4DISCUSSION Labor Code section 53132 requires that a WCJ "make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5313, 5316; Cal. Code Regs., tit. 8, § 10759, 10761; see also Blackledge v. Bank of America, ACE American Insurance Company (2010) 75 Cal.Comp.Cases 613, 621-22 (Appeals Bd. en banc) (emphasis added).) The Notice of the December 2, 2019 pre-trial conference was returned to sender as undeliverable, thus it is not clear that applicant received notice of the hearing. (Lab. Code, § 5504; Cal. Code Regs., tit. 8, § 10625(d).) Furthermore, there is no proof of service in EAMS that the minutes or pre-trial conference statement were served or filed with the Board. (Code Civ. Proc., § 1013a; Cal. Code Regs., tit. 8, § 10625(b)-(c).) Moreover, it is unclear whether applicant received notice of the December 31, 2019 trial, as the only "notice of hearing" in the record appears in the aforementioned pre-trial conference statement, for which there is no proof of service filed in EAMS. (Lab. Code, § 5316, 5504; Cal. Code Regs., tit.
The WCAB found that applicant did not receive proper notice of hearings, violating due process rights.
Official decision · page 4 →
Rules beside this one
Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.