Record of Proceedings Maintained in Adjudication File. 8 CCR § 10803

What panels did with this rule

Released decisions that named § 10803, with the passage each turned on. A panel decision persuades; it does not bind.

• ADJ14930871 · 2025-11-03 · Santa Ana District Office8 CCR § 10803

  Determinative passage · p.5A petition for reconsideration of an arbitrator's decision or award made pursuant to the mandatory or voluntary arbitration provisions of sections 5270 through 5275 shall be filed in EAMS or with the district office having venue in accordance with section 5501.5. (Cal. Code Regs., tit. 8, § 10995.)

  The Appeals Board found the record incomplete and ordered compliance with these rules to protect due process rights.

  Official decision · page 5 →
• ADJ13500562 · 2024-04-19 · Salinas District Office8 CCR § 10803

  Determinative passage · p.4WCAB Rule 10615 defines "filing" a document as filing with the WCAB. WCAB Rule 10615 (Cal. Code Regs., tit. 8, § 10615) provides in relevant part that "... all documents... shall be filed only in EAMS or with the district office having venue." While Rule 10615 also allows a WCJ to make orders regarding filing, here, the NIT did not refer to filing and instead used the term "received" at a post office box. With respect to determining a filing date, subdivision (b) provides that a "document is deemed filed on the date it is received," and subdivision (c) states that the WCAB "shall affix on it an appropriate endorsement as evidence of receipt." (Cal. Code Regs., tit. 8, § 10615.) Thus, even though a document is "received," it is not formally accepted into the WCAB's adjudication file until it has been processed by an endorsement on a paper document or through EAMS. (Cal. Code Regs., tit.

  The Notice of Intention to Dismiss required written objection to be sent to a post office box, which deprived applicant of due process.

  Official decision · page 4 →
• ADJ1993931 · 2023-06-08 · Riverside District Office8 CCR § 10803

  Determinative passage · p.3II. The WCJ may issue a notice of intention for any proper purpose, including allowing, disallowing or dismissing a lien. (Cal. Code Regs., tit. 8, § 10832(a).) Therefore, the WCJ correctly issued the NOI in this instance after lien claimant failed to appear on August 17, 2022. However, our review of the record in EAMS shows that the lien claimant made a mistake and filed the Objection in the wrong case. Thus, as the Objection was incorrectly filed in EAMS and the WCJ therefore did not consider it when dismissing the lien claim, the issue that we face on reconsideration is that there is an insufficient record to evaluate the WCJ's Order. The statutory and regulatory duties of a WCJ include the issuance of a decision that complies with Labor Code section 5313. "The Labor Code and the Board's rules set forth what must be included in a proper trial record.

  The WCJ's Order dismissing lien was based on an incomplete record as the objection was not considered, making the record insufficient.

  Official decision · page 3 →
• ADJ12041587 · 2022-10-31 · Van Nuys District Office8 CCR § 10803

  Determinative passage · p.3prescribed and approved by the Appeals Board and shall be served on the parties. (Cal. Code Regs., tit. 8, § 10759(b), (e) (amended as of January 1, 2022.) Here a WCJ issued an order at the May 3, 2022 mandatory settlement conference, which states that: "Parties are to file PTCS in 20 days." The matter was then set for trial on June 27, 2022, before a different WCJ. The parties appeared, but due to ongoing settlement negotiations, trial was continued to August 24, 2022. Yet, when the parties appeared on August 24, 2022, applicant had not yet participated in preparing the PTCS. All parties are expected to comply with orders by a WCJ and by the Appeals Board, and if they are unable to comply, they must seek the appropriate relief. Parties are reminded that a willful failure to comply with an order could subject the offending party to sanctions. (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10421.) With respect to the notice of intention issued by the WCJ on August 30, 2022, the issue of sanctions may properly be heard at the time of trial in the case in chief, and a record can be created. (See Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc) [decisions of the Appeals Board "must be based on admitted evidence in the record"]; Cal. Code Regs., tit. 8, § 10787, 10803.)

  The parties were reminded that failure to comply with orders could lead to sanctions, but the issue of sanctions was deferred to the trial in the case in chief.

  Official decision · page 3 →
• ADJ15052580 · 2022-02-22 · Marina del Rey District Office8 CCR § 10803

  Determinative passage · p.3must be included in a proper trial record. It is the responsibility of the parties and the WCJ to ensure that the record of the proceedings contains at a minimum, the issues submitted for decision, the admissions and stipulations of the parties, and the admitted evidence." (Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 475 [2001 Cal. Wrk. Comp. LEXIS 4947] (Appeals Bd. en banc) (Hamilton).) The WCJ's opinion on decision "enables the parties, and the Board if reconsideration is sought, to ascertain the basis for the decision, and makes the right of seeking reconsideration more meaningful." (Id. at p. 476, citing Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350].) "For the opinion on decision to be meaningful, the WCJ must refer with specificity to an adequate and completely developed record." (Hamilton, supra, 66 Cal.Comp.Cases at p. 476.)

  The WCAB found the WCJ's order lacked a sufficient record, with no evidence or stipulations, making the order improper and subject to removal.

  Official decision · page 3 →
• ADJ10643721 · 2022-02-18 · Los Angeles District Office8 CCR § 10803

  Determinative passage · p.3appeal, to understand the basis for the decision." (Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 475 [2001 Cal. Wrk. Comp. LEXIS 4947] (Appeals Bd. en banc).) The Appeals Board's record of proceedings is maintained in the adjudication file and consists of: the pleadings, minutes of hearing and summary of evidence, transcripts, if prepared and filed, proofs of service, evidence received in the course of a hearing, exhibits marked but not received in evidence, notices, petitions, briefs, findings, orders, decisions, and awards, and the arbitrator's file, if any.... Documents that are in the adjudication file but have not been received or offered in evidence are not part of the record of proceedings. (Cal. Code Regs., tit. 8, § 10803.)

  Applied to require a complete record for review.

  Official decision · page 3 →