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264 IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 5

California Workers Compensation Decisions
Oct 27, 2020
MISC. 264 (Cal. W.C.A.B. Oct. 27, 2020)

Opinion


IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 5 MISC. No. 264 California Workers Compensation Decisions Workers’ Compensation Appeals Board State Of California October 27, 2020

          KATHERINE A. ZALEWSKI, CHAIR.

         Upon a unanimous vote of its members, the Appeals Board issues this decision as a whole as an en banc decision. (Lab. Code, § 115.)

Commissioner Gaffney was unavailable and did not participate in this decision

En banc decisions of the Appeals Board are binding precedent on all Appeals Board panels and WCJs. (Cal. Code Regs., tit. 8, former § 10341, now § 10325 (eff. Jan. 1, 2020); City of Long Beach v. Workers’ Comp. Appeals Bd. (Garcia) (2005) 126 Cal.App.4th 298, 316, fn. 5 [70 Cal.Comp.Cases 109]; Gee v. Workers’ Comp. Appeals Bd. (2002) 96 Cal.App.4th 1418, 1424, fn. 6 [67 Cal.Comp.Cases 236].) This en banc decision is also adopted as a precedent decision pursuant to Government Code section 11425.60(b).

         On March 18, 2020, the Appeals Board issued our decision In Re: COVID-19 State of Emergency En Banc (Misc. No. 260) in response to the March 4, 2020 declaration of a state of emergency issued by the State of California’s Governor, Gavin Newsom, and pursuant to WCAB Rule 10370. (Cal. Code Regs., tit. 8, § 10370.) The Appeals Board temporarily suspended specific WCAB Rules of Practice and Procedure in its decision including WCAB Rules 10755, 10756 and 10888. (Cal. Code Regs., tit. 8, former §§ 10562, 10563, 10563.1, now §§ 10755, 10756, 10888 (eff. Jan. 1, 2020).) Pursuant to this decision, the Rules permitting dismissal of an application or lien claim for failure to appear were suspended.

Governor Newsom’s proclamation may be accessed here: https://www.gov.ca.gov/wp-content/uploads/2020/03/3.4.20-Coronavirus-SOE-Proclamation.pdf. (See Evid. Code, § 452(c).)

         The Appeals Board hereby rescinds its suspension of WCAB Rules 10755, 10756 and 10888 effective as of the date of this decision.

         Suspension of the other Rules as outlined in the March 18, 2020 In Re: COVID-19 State of Emergency En Banc (Misc. No. 260) remains in effect until further notice.

Except for the suspension of WCAB Rules 10961(a), 10962(c), 10990(f)(3)(E), and 10995(c)(3), which was rescinded with respect to petitions filed on or after September 1, 2020 pursuant to the July 16, 2020 In Re: COVID-19 State of Emergency En Banc – No. 4 (Misc. No. 263).

         For the foregoing reasons, IT IS SO ORDERED.

          DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, JOSé H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER.


Summaries of

264 IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 5

California Workers Compensation Decisions
Oct 27, 2020
MISC. 264 (Cal. W.C.A.B. Oct. 27, 2020)
Case details for

264 IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 5

Case Details

Full title:264 IN RE: COVID-19 STATE OF EMERGENCY EN BANC – NO. 5

Court:California Workers Compensation Decisions

Date published: Oct 27, 2020

Citations

MISC. 264 (Cal. W.C.A.B. Oct. 27, 2020)