WCPanelIQ
En BancGranted

In re: COVID-19 State of Emergency, Applicant vs. State of California, Defendant

IN RE: COVID-19 STATE OF EMERGENCY, Applicant vs. STATE OF CALIFORNIA, Defendant

ADJ number
—
Decision date
Mar 21, 2023
District office
San Francisco
WCJ
—
Claim administrator
—
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER
LC §115CCR §10370CCR §10205.7CCR §10500CCR §10789CCR §10940CCR §10325

Summary

In this en banc decision (No. 9, Misc. No. 268), the WCAB addressed the status of temporary suspensions of certain Rules of Practice and Procedure that had been issued during the COVID-19 state of emergency. The Board had previously suspended various rules through Misc. Nos. 260, 261, and 266 (covering witness signatures, electronic filing, and walk-through assignment hours). Following Governor Newsom's termination of the COVID-19 state of emergency effective February 28, 2023, the Board determined that the basis for the temporary rule suspensions no longer existed. By unanimous vote, the Appeals Board rescinded all remaining provisions of en banc orders Nos. 260, 261, and 266, effective as of the date of issuance, March 22, 2023.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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