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: Article XIV, Section 4, California Constitution; and Sections 5502(e) and 5708, Labor Code.
1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). 2. 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 § 10756, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16697404 · 2025-05-09 · Sacramento District Office8 CCR § 10756
Determinative passage · p.8the WCJ issued the NIT on December 16, 2024.4 Failure to appear is a basis for dismissal only "[w]hen a required party, after notice, fails to appear at a trial." (Cal. Code Regs., tit. 8, § 10756, emphasis added.) Here, the record does not include evidence that applicant was noticed for the November 4 or December 16 hearing dates (nor the erroneous December 26 date), so there was no "failure to appear."
The record did not include evidence that applicant was noticed for the hearings, so there was no failure to appear.
Official decision · page 8 → - ADJ17176608 · 2024-05-16 · Los Angeles District Office8 CCR § 10756
Determinative passage · p.7Here, the WCJ issued an order for applicant to appear before a disputed QME. The order issued without notice to applicant, which violated applicant's right to due process and warrants removal. Upon return, the WCJ should provide adequate notice of intent to applicant prior to issuing any findings or orders, notwithstanding applicant's failure to appear at trial. If applicant objects to the notice of intent, the WCJ must create a record and then decide the issue on the merits. This would include, for example, obtaining evidence of the claim denial letter, when it issued, and defendant's panel request. The WCJ may include a notice to admit exhibits and a notice of intent to submit the matter on the record as part of a notice of intent. (Cal. Code Regs., tit. 8, § 10832.)
The WCAB found the order was not final for reconsideration, but removal was warranted due to lack of notice and due process violation.
Official decision · page 7 → - ADJ14965765 · 2024-03-25 · Stockton District Office8 CCR § 10756
Determinative passage · p.2Additionally, on October 9, 2023, the WCJ issued a Notice of Intent To Dismiss Application For Adjudication of Claim For Non-Appearance Rules 10756 and 10832 (a)(5) (NIT). The Notice states:
The regulations require notice and allow dismissal for non-appearance if no good cause is shown.
Official decision · page 2 →
Rules beside this one
Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.