WCPanelIQ
En BancGranted

In re: COVID-19 State of Emergency

IN RE: COVID-19 STATE OF EMERGENCY

ADJ number
—
Decision date
Jan 2, 2022
District office
San Francisco
WCJ
—
Claim administrator
—
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §115CCR §10370CCR §10628CCR §10325CCR §10500CCR §10961CCR §10962CCR §10990CCR §10995CCR §10755CCR §10756CCR §10888

Summary

This is the eighth en banc decision issued by the WCAB in connection with the COVID-19 state of emergency declared by Governor Newsom on March 4, 2020. In its original March 18, 2020 en banc decision (Misc. No. 260), the Appeals Board temporarily suspended several Rules of Practice and Procedure, including the WCAB Rule 10628 requirement for service by mail. Because the Appeals Board amended Rule 10628 in 2021 to provide for electronic service effective January 1, 2022, the Board clarified that the suspension of Rule 10628 remained in place from March 18, 2020 through January 1, 2022, after which the amended rule controls. The Board also noted that the suspension of WCAB Rule 10500(b)(6) remains in effect until further notice.

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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