Cal. Code Regs. Tit. 8, § 10305 - Definitions
As used in this subchapter:
(a) "Administrative Director" means the
Administrative Director of the Division of Workers' Compensation or a
designee.
(b) "Appeals Board" means
the commissioners and deputy commissioners of the Workers' Compensation Appeals
Board acting en banc, in panels or individually.
(c) "Appearance" means a party or their
representative's presence, pursuant to Labor Code section
5700, at any
hearing.
(d) "Applicant" or
"injured employee" or "injured worker" or "dependent" means any person
asserting a right to relief under the provisions of Labor Code section
5300.
(e) "Claims administrator" means an entity
that reviews or adjusts workers' compensation claims on behalf of either (1) an
insurer or (2) an employer that has secured a certificate of consent to
self-insure from the Department of Industrial Relations, whether employed
directly or as a third party.
(f)
"Defendant" means any person against whom a right to relief is
claimed.
(g) "Director" means the
Director of Industrial Relations or a designee.
(h) "District office" means a location of a
trial court of the Workers' Compensation Appeals Board and includes a
permanently staffed satellite office.
(i) "Electronic" means by any available
technological means.
(j)
"Electronic Adjudication Management System" or "EAMS" means the computerized
case management system used by the Division of Workers' Compensation to
electronically store and maintain adjudication files and to perform other case
management functions.
(k) "En Banc
decision" means a decision of the Appeals Board as a whole, issued in order to
achieve uniformity of decision or in a case presenting novel issues, that is
binding on panels of the Appeals Board and workers' compensation judges as
legal precedent under the principle of stare decisis.
(l) "Entity" means a corporation, limited
liability company, limited partnership, general partnership, limited liability
partnership, sole proprietorship or any other organizational
structure.
(m) "Filing" a document
means receipt and acceptance by the Workers' Compensation Appeals Board of the
document for the purpose of having it included in the adjudication
file.
(n) "Hearing" means any
trial, mandatory settlement conference, status conference, lien conference,
lien trial or priority conference conducted by the Workers' Compensation
Appeals Board.
(o) "Lien claimant"
means any person or entity claiming payment under the provisions of Labor Code
section
4903 et seq.,
including a claim of costs filed as a lien.
(p) "Non-attorney representative" means a
person who is not licensed to practice law by the State of California who acts
on behalf of a party in proceedings before the Workers' Compensation Appeals
Board as allowed by Labor Code sections
5700 and
4907.
(q) "Party" means any person or entity joined
in a case, including but not limited to:
(1)
An applicant;
(2) A defendant;
or
(3) A lien
claimant.
(r) "Presiding
workers' compensation judge" means the presiding workers' compensation judge of
any district office and includes workers' compensation judges designated to
perform the functions of a presiding workers' compensation judge.
(s) "Section
4903(b) lien"
means a lien claim filed in accordance with Labor Code section
4903(b)
for medical treatment expenses incurred by or on behalf of the injured
employee, as provided by Article 2 (commencing with Labor Code section
4600),
including but not limited to expenses for interpreter services, copying and
related services and transportation services incurred in connection with
medical treatment. It shall not include any amount payable directly to the
injured employee.
(t) "Service" of
a document means to deliver a copy of the document in a manner permitted by
these rules to a party or other person.
(u) "Significant panel decision" means a
decision of the Appeals Board that has been designated by all members of the
Appeals Board as of significant interest and importance to the workers'
compensation community. Although not binding precedent, significant panel
decisions are intended to augment the body of binding appellate and en banc
decisions by providing further guidance to the workers' compensation
community.
(v) "Status conference"
means a proceeding set for the purpose of ascertaining if there are genuine
disputes requiring resolution, of providing assistance to the parties in
resolving disputes, of narrowing the issues, and of facilitating preparation
for trial if a trial is necessary.
(w) "Submission" means the closing of the
record to the receipt of further evidence or argument.
(x) "Testimony" means oral evidence given
under oath pursuant to Labor Code sections
5704 and
5708.
(y) "Walk-through document" means a document
that is presented to a workers' compensation judge for immediate action where
no notice of hearing has issued.
(z) "Workers' Compensation Appeals Board"
means the commissioners and deputy commissioners of the Appeals Board,
presiding workers' compensation judges and workers' compensation
judges.
(aa) "Workers' compensation
judge" means "workers' compensation administrative law judge" (formerly,
"referee") and includes pro tempore judges appointed pursuant to section
10350.
Notes
2. Amendment filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 20, 110(a), 5300, 5307, 5309, 5500, 5500.3, 5501, 5501.5, 5501.6, 5502, 5700 and 5701, Labor Code.
2. Amendment filed 12-15-2021; operative
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