Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 14. Record of Proceedings
The regulation, as printed
(a) If a witness intends to testify electronically, a petition showing good cause shall be filed pursuant to rule 10510 by the witness or by the party offering the witness's testimony before the hearing, and shall identify the witness and contain the witness's full legal name, mailing address, email address and telephone number. (b) For any hearing that is conducted electronically pursuant to rule 10815, all testimony will be presumed to be electronic testimony with no petition required, unless otherwise requested, ordered or allowed.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5502, 5502.5 and 5708, Labor Code.
1. New section 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 § 10817, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16597333 · 2025-08-14 · Santa Ana District Office8 CCR § 10817
Determinative passage · p.108, § 10515.) The principles of liberal pleading and amendment of pleadings to conform to proof outlined above mean that any petition should be considered on its merits and not based on its title. In considering the application of WCAB Rule 10817(c), we preliminarily conclude that a request on the record for electronic witness testimony at the beginning of the hearing, with an opportunity for any party to respond, satisfies the petition requirement and is sufficient to adjudicate the issue of electronic testimony. Moreover, we preliminarily conclude that the due process right to a fair hearing and a determination based on the merits is good cause to allow the electronic testimony of the witness. Therefore, when a witness is unable to appear in person, as a matter of due process, a request to testify electronically should be readily permitted.
Board preliminarily concludes that on-record requests may suffice for electronic testimony.
Official decision · page 10 → - ADJ12880191 · 2025-03-07 · Pomona District Office8 CCR § 10817
Determinative passage · p.4"Either party may be present at any hearing, in person, by attorney, or by any other agent..." "`Appearance' means a party or their representative's presence, pursuant to Labor Code section 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c).) WCAB Rules 10815, 10816, and 10817 (Cal. Code Regs., tit. 8, § 10815, 10816, 10817) allow electronic proceedings, appearances, and testimony, and there is nothing in the Labor Code or in our Rules that requires that hearings be in person.
Supports electronic appearance rights
Official decision · page 4 →
Rules beside this one
Article 14. Record of Proceedings — regulations rarely stand alone, and the answer is often two sections away.
- § 10811Destruction of Records.
- § 10813Sealed Documents.1 decisions
- § 10815Electronic Hearings Before the Workers' Compensation Appeals Board.1 decisions
- § 10816Electronic Appearances Before the Workers' Compensation Appeals Board.5 decisions
- § 10818Recording of Proceedings.
- § 10820When Certified Copies Will Issue.