8 CCR § 10788 — Petition for Automatic Reassignment of Trial…

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

A party shall be entitled to automatic reassignment of a trial or expedited hearing to another workers' compensation judge in accordance with the provisions of this rule. Consolidated cases are to be considered as one case within the meaning of this rule. (a) An injured worker shall be entitled to one reassignment of a workers' compensation judge for trial or expedited hearing. The defendants shall be entitled to one reassignment of a workers' compensation judge for a trial or expedited hearing, which may be exercised by any of them. This rule is not applicable to conference hearings. In no event shall any motion or petition for reassignment be entertained after the swearing of the first witness at a trial or expedited hearing. (b) If the parties are first notified of the identity of the workers' compensation judge assigned for trial at a mandatory settlement conference, at a status conference, at a lien conference, at a priority conference or upon reassignment at the time of trial, to exercise the right to automatic reassignment a party must make an oral motion immediately upon learning the name of the workers' compensation judge to whom the case has been assigned for trial. The motion shall be acted upon immediately by the presiding workers' compensation judge. (c) If the parties are first notified of the identity of the workers' compensation judge assigned for trial or expedited hearing by a notice of trial served by mail, to exercise the right to automatic reassignment a party must file a petition requesting reassignment not more than 5 days after receipt of the notice of trial or expedited hearing. The presiding workers' compensation judge shall rule on any petition for automatic reassignment. (d) If a petition for automatic reassignment is granted and results in a new trial date, a new notice of trial or expedited hearing shall be served. Unless required for the convenience of the Workers' Compensation Appeals Board, no continuance shall be granted by reason of a petition or motion under this rule. If a continuance is granted, another trial or expedited hearing shall be scheduled as early as possible. (e) If a party files a petition or makes a motion for automatic reassignment and no other workers' compensation judge is available in the office, the assignment shall be made by a deputy commissioner of the Appeals Board.

Official text at dir.ca.gov →

Authority and history

Note: Authority cited: Section 5307, Labor Code. Reference: Section 5310, Labor Code.

1. Renumbering and amendment of former section 10453 to section 10788 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 § 10788, with the passage each turned on. A panel decision persuades; it does not bind.

ADJ20725506 · 2026-06-26 · Riverside District Office8 CCR § 10788
Determinative passage · p.2Here, the WCJ correctly notes that the Notice of Hearing was issued by the District Office on February 27, 2026. Pursuant to WCAB Rule 10788:
The WCJ and WCAB panel applied this rule to find the petition was untimely because the notice of hearing was issued on February 27, 2026, and the petition was filed on March 20, 2026, beyond the 5-day limit.
Official decision · page 2 →
ADJ13970706 · 2022-02-04 · Santa Barbara District Office8 CCR § 10788
Determinative passage · p.4Because the March 25, 2021 hearing resulted in the matter going off calendar without substantive proceedings, it is clear that the prohibition in subdivision (a) on initiating a petition for reassignment after the swearing in of a witness was not triggered. Similarly, given defendant's statement under penalty of perjury that it did not receive the Notice of Hearing for the March 25, 2021 hearing, and our own EAMS records which appear to corroborate this lack of service, we conclude that defendant did not receive written notice of the March 25, 2021 hearing pursuant to subdivision (c).
Defendant did not receive notice under subdivisions (b) or (c) of Rule 10788, so the obligation to seek reassignment at the March 25, 2021 hearing was not triggered.
Official decision · page 4 →
ADJ10385820 · 2022-01-21 · San Diego District Office8 CCR § 10788
Determinative passage · p.4When a party fails to exercise the right to reassignment when first notified of the identity of the Judge assigned to conduct the trial or expedited hearing, the party may not exercise the right to reassignment when the same Judge is assigned for a subsequent trial or expedited hearing. This is true regardless of whether the first matter actually was heard or decided by the Judge.
Defendant's petition for reassignment before the October 2021 hearing was untimely because the right was not exercised after the February 25, 2021 notice for the March 22, 2021 hearing.
Official decision · page 4 →

Rules beside this one

Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.

§ 10782Expedited Hearings.3 decisions
§ 10785Priority Conferences.
§ 10786Determination of Medical-Legal Expense Dispute.16 decisions
§ 10787Trials.9 decisions
§ 10789Walk-Through Documents.1 decisions
§ 10790Interpreters.

Search the catalogue for 10788 →The Labor Code above it →

The regulation, as printed

What panels did with this rule

Released decisions that named § 10788, with the passage each turned on. A panel decision persuades; it does not bind.

ADJ20725506 · 2026-06-26 · Riverside District Office8 CCR § 10788

Determinative passage · p.2Here, the WCJ correctly notes that the Notice of Hearing was issued by the District Office on February 27, 2026. Pursuant to WCAB Rule 10788:

The WCJ and WCAB panel applied this rule to find the petition was untimely because the notice of hearing was issued on February 27, 2026, and the petition was filed on March 20, 2026, beyond the 5-day limit.

Official decision · page 2 →

ADJ13970706 · 2022-02-04 · Santa Barbara District Office8 CCR § 10788

Determinative passage · p.4Because the March 25, 2021 hearing resulted in the matter going off calendar without substantive proceedings, it is clear that the prohibition in subdivision (a) on initiating a petition for reassignment after the swearing in of a witness was not triggered. Similarly, given defendant's statement under penalty of perjury that it did not receive the Notice of Hearing for the March 25, 2021 hearing, and our own EAMS records which appear to corroborate this lack of service, we conclude that defendant did not receive written notice of the March 25, 2021 hearing pursuant to subdivision (c).

Defendant did not receive notice under subdivisions (b) or (c) of Rule 10788, so the obligation to seek reassignment at the March 25, 2021 hearing was not triggered.

Official decision · page 4 →

ADJ10385820 · 2022-01-21 · San Diego District Office8 CCR § 10788

Determinative passage · p.4When a party fails to exercise the right to reassignment when first notified of the identity of the Judge assigned to conduct the trial or expedited hearing, the party may not exercise the right to reassignment when the same Judge is assigned for a subsequent trial or expedited hearing. This is true regardless of whether the first matter actually was heard or decided by the Judge.

Defendant's petition for reassignment before the October 2021 hearing was untimely because the right was not exercised after the February 25, 2021 notice for the March 22, 2021 hearing.

Official decision · page 4 →

Rules beside this one

Article 13. Hearings — regulations rarely stand alone, and the answer is often two sections away.

§ 10782Expedited Hearings.3 decisions

§ 10785Priority Conferences.

§ 10786Determination of Medical-Legal Expense Dispute.16 decisions

§ 10787Trials.9 decisions

§ 10789Walk-Through Documents.1 decisions

§ 10790Interpreters.

Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge. 8 CCR § 10788

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.

Petition for Automatic Reassignment of Trial or Expedited Hearing to Another Workers' Compensation Judge. 8 CCR § 10788

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.