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En BancGranted

In re: COVID-19 State of Emergency

IN RE: COVID-19 STATE OF EMERGENCY

ADJ number: —
Decision date: Date unavailable
District office: —
WCJ: —
Claim administrator: —
Commissioners: Katherine A. Zalewski KATHERINE A. ZALEWSKI, CHAIR, Deidra E. Lowe DEIDRA E. LOWE, COMMISSIONER, Marguerite Sweeney MARGUERITE SWEENEY, COMMISSIONER, José H. Razo JOSÉ H. RAZO, COMMISSIONER, Katherine Williams Dodd KATHERINE WILLIAMS DODD, COMMISSIONER, Craig Snellings CRAIG SNELLINGS, COMMISSIONER

LC §115CCR §10620CCR §10670CCR §10325CCR §10393CCR §10622CCR §10341

Summary

In this third en banc decision addressing the COVID-19 state of emergency, the Appeals Board, by unanimous vote, addressed the impact of Governor Newsom's Executive Order N-33-20 (the statewide stay-at-home order) on the conduct of WCAB proceedings. To facilitate adjudication while complying with public health measures, the Board suspended the 20-day requirement to file documentary trial exhibits found in WCAB Rules 10620 and 10670(b)(3). The Board relied on the express authority within Rule 10620 permitting deviation when otherwise ordered, and found good cause under Rule 10670(b)(3) to permit late-filed documents into evidence. The suspension was ordered to remain in effect until further notice, while WCJs retain authority to decline documents as otherwise permitted by law.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.