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

In response to the COVID-19 state of emergency declared by Governor Newsom on March 4, 2020, the Appeals Board issued an En Banc decision (Misc. No. 260) on March 18, 2020, temporarily suspending various WCAB Rules of Practice and Procedure, including Rules 10755, 10756, and 10888, which permit dismissal of an application or lien claim for failure to appear. In this En Banc decision (No. 5), issued October 27, 2020, the Appeals Board rescinded its suspension of Rules 10755, 10756, and 10888 effective as of the date of the decision. The suspension of other Rules outlined in the March 18, 2020 decision remains in effect until further notice, except for those previously rescinded. The decision was adopted by unanimous vote (with Commissioner Gaffney not participating) as binding en banc precedent.