This part shall not apply in cases where an injured employee or dependent is involved unless the employee or dependent is represented by an attorney.
Part 3.5ARBITRATION
Section § 5270
This law section states that certain legal processes won't apply to injured employees or their dependents unless they have legal representation.
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Section § 5270.5
This law section outlines the eligibility criteria for attorneys who wish to serve as arbitrators in workers’ compensation cases in California. To be eligible, an attorney must be an active member of the California State Bar and meet one of the following criteria: they must either be a certified specialist in workers’ compensation or eligible for certification, a retired workers’ compensation judge, a retired appeals board member, or an attorney certified to serve as a temporary judge (pro tempore).
Additionally, an attorney cannot be included in the panel of arbitrators if they have previously served as a judge in the same case or if they or their firm have represented any party involved in that case.
(a)CA Labor Code § 5270.5(a) The presiding workers’ compensation judge at each district office shall prepare a list of all eligible attorneys who apply to be placed on the list of eligible arbitrators. Attorneys are eligible to become arbitrators if they are active members of the California State Bar Association and are one of the following:
(1)CA Labor Code § 5270.5(a)(1) A certified specialist in workers’ compensation, or eligible to become certified.
(2)CA Labor Code § 5270.5(a)(2) A retired workers’ compensation judge.
(3)CA Labor Code § 5270.5(a)(3) A retired appeals board member.
(4)CA Labor Code § 5270.5(a)(4) An attorney who has been certified to serve as a judge pro tempore.
(b)CA Labor Code § 5270.5(b) No attorney shall be included in a panel of arbitrators, if he or she has served as a judge in any proceeding involving the same case, or has represented, or whose firm has represented, any party in the same case.
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Section § 5271
If you have a dispute going to arbitration under workers' compensation, you can choose any eligible attorney as the arbitrator. However, if it's about insurance coverage, both parties must agree on the attorney.
If you can't agree on an arbitrator, a workers’ compensation judge will randomly pick a panel of five. No more than three can be defense attorneys, applicant’s attorneys, or retired judges.
If there are more parties involved—that is, more than one employer or injured worker—extra arbitrators will be added based on specific rules.
If you don't like a panel member, you can ask to remove them. The judge will then replace that member.
Everyone can eliminate two arbitrators from the panel, and the last one standing is the arbitrator.
(a)CA Labor Code § 5271(a) The parties to a dispute submitted for arbitration may select any eligible attorney from the list prepared by the presiding workers’ compensation judge to serve as arbitrator. However, when the disputed issue involves insurance coverage, the parties may select any attorney as arbitrator upon agreement of the parties.
(b)CA Labor Code § 5271(b) If the parties cannot select an arbitrator by agreement, either party may request the presiding workers’ compensation judge to assign a panel of five arbitrators selected at random from the list of eligible attorneys. No more than three arbitrators on a five-member panel may be defense attorneys, no more than three may be applicant’s attorneys, and no more than two may be retired workers’ compensation judges or appeals board commissioners.
(c)CA Labor Code § 5271(c) For each party in excess of one party in the capacity of employer and one party in the capacity of injured employee or lien claimant, the presiding judge shall randomly select two additional arbitrators to add to the panel. For each additional party in the capacity of employer, the presiding judge shall assign a retired workers’ compensation judge or retired appeals board commissioner and an applicant’s attorney. For each additional party in the capacity of injured employee or lien claimant, the presiding judge shall assign a retired workers’ compensation judge or retired appeals board commissioner and a defense attorney. For each additional other party, the presiding judge shall assign two arbitrators to the panel, in order of rotation from case to case, as follows: a retired workers’ compensation judge or retired appeals board commissioner, an applicant’s attorney, a defense attorney.
(d)CA Labor Code § 5271(d) A party may petition the presiding workers’ compensation judge to remove a member from the panel pursuant to Section 170.1 of the Code of Civil Procedure. The presiding workers’ compensation judge shall assign another eligible attorney to replace any member removed under this subdivision.
(e)CA Labor Code § 5271(e) Each party or lien claimant shall strike two members from the panel, and the remaining attorney shall serve as arbitrator.
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Section § 5272
This law explains that arbitrators handling workers' compensation cases in California have the same duties as workers' compensation judges, with two important exceptions. First, they cannot order injured workers to undergo medical evaluations by certain medical professionals. Second, they do not have the authority to hold someone in contempt of court.
Arbitrators shall have all of the statutory and regulatory duties and responsibilities of a workers’ compensation judge, as set forth in Chapter 1 (commencing with Section 5300) of Part 4, except for the following:
(a)CA Labor Code § 5272(a) Arbitrators shall have no power to order the injured worker to be examined by a qualified medical evaluator pursuant to Sections 5701 and 5703.5.
(b)CA Labor Code § 5272(b) Arbitrators shall not have power of contempt.
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Section § 5273
This law outlines who pays for arbitration costs in disputes involving employees and employers. If it's between an employee and their employer, the employer must cover all arbitration-related costs. In other kinds of disputes like those between employers and insurers, costs are split equally. In cases involving death benefits without injury disputes, dependents pay costs based on their share of the benefits. Any disagreements about these fees must be settled by the appeals board, with initial decisions made by the district office's presiding judge.
(a)CA Labor Code § 5273(a) In disputes between an employee and an employer, the employer shall pay all costs related to the arbitration proceeding, including use of facilities, hearing reporter per diems and transcript costs.
(b)CA Labor Code § 5273(b) In all other disputes, the costs of the arbitration proceedings, including the arbitrator’s compensation, shall be paid as follows:
(1)CA Labor Code § 5273(b)(1) By the parties equally in any dispute between an employer and an insurer, or an employer and a lien claimant.
(2)CA Labor Code § 5273(b)(2) By the parties equally in proceedings subject to Section 5500.5.
(3)CA Labor Code § 5273(b)(3) By the dependents in accordance with their proportionate share of death benefits, where there is no dispute as to the injury causing death.
(c)CA Labor Code § 5273(c) Disputes regarding the costs or fees for arbitration shall be within the exclusive jurisdiction of the appeals board, and shall be determined initially by the presiding judge of the district office.
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Section § 5275
This law states that certain disputes need to go through arbitration. Specifically, it mentions disputes about insurance coverage and contribution rights. It also allows parties to agree to arbitrate other issues related to workers' compensation and labor regulations, no matter when the injury happened.
(a)CA Labor Code § 5275(a) Disputes involving the following issues shall be submitted for arbitration:
(1)CA Labor Code § 5275(a)(1) Insurance coverage.
(2)CA Labor Code § 5275(a)(2) Right of contribution in accordance with Section 5500.5.
(b)CA Labor Code § 5275(b) By agreement of the parties, any issue arising under Division 1 (commencing with Section 50) or Division 4 (commencing with Section 3200) may be submitted for arbitration, regardless of the date of injury.
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Section § 5276
This regulation is about setting up arbitration proceedings when parties have a dispute. First, parties can decide together when and where the arbitration will happen. If they can't agree, the arbitrator will decide these details. Once the arbitrator is chosen, the arbitration must begin between 30 to 60 days unless the parties agree to another timeline.
Additionally, each party must submit any evidence they plan to use, such as reports or records, to both the arbitrator and the opposing party at least ten days before the arbitration. If using parts of documents, only the necessary excerpts should be submitted.
(a)CA Labor Code § 5276(a) Arbitration proceedings may commence at any place and time agreed upon by all parties.
(b)CA Labor Code § 5276(b) If the parties cannot agree on a time or place to commence arbitration proceedings, the arbitrator shall order the date, time and place for commencement of the proceeding. Unless all parties agree otherwise, arbitration proceedings shall commence not less than 30 days nor more than 60 days from the date an arbitrator is selected.
(c)CA Labor Code § 5276(c) Ten days before the arbitration, each party shall submit to the arbitrator and serve on the opposing party reports, records and other documentary evidence on which that party intends to rely. If a party intends to rely upon excerpts of records or depositions, only copies of the excerpts shall be submitted to the arbitrator.
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Section § 5277
This section talks about the role and rules around using arbitrators in workers' compensation cases. Arbitrators have to send their findings and award to everyone involved within 30 days, similar to a judge's decision. The award must follow specific requirements and be filed properly. An arbitrator's decisions carry the same weight as those made by a workers' compensation judge. However, using an arbitrator once doesn't mean you have to use them again in the future. If the arbitrator doesn't meet the 30-day deadline, they lose their fee, and the decision isn't valid anymore unless everyone agrees to give them more time. Lastly, a presiding judge can refer related proceedings back to arbitration.
(a)CA Labor Code § 5277(a) The arbitrator’s findings and award shall be served on all parties within 30 days of submission of the case for decision.
(b)CA Labor Code § 5277(b) The arbitrator’s award shall comply with Section 5313 and shall be filed with the appeals board office pursuant to venue rules published by the appeals board.
(c)CA Labor Code § 5277(c) The findings of fact, award, order, or decision of the arbitrator shall have the same force and effect as an award, order, or decision of a workers’ compensation judge.
(d)CA Labor Code § 5277(d) Use of an arbitrator for any part of a proceeding or any issue shall not bind the parties to the use of the same arbitrator for any subsequent issues or proceedings.
(e)CA Labor Code § 5277(e) Unless all parties agree to a longer period of time, the failure of the arbitrator to submit the decision within 30 days shall result in forfeiture of the arbitrator’s fee and shall vacate the submission order and all stipulations.
(f)CA Labor Code § 5277(f) The presiding workers’ compensation judge may submit supplemental proceedings to arbitration pursuant to this part.
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Section § 5278
This law states that any settlement offers made by any party should not be revealed to the arbitrator before they have officially filed their decision. Additionally, a specific section of the Government Code also applies to communications with the arbitrator, which likely covers rules about how and what can be communicated.
(a)CA Labor Code § 5278(a) No disclosure of any offers of settlement made by any party shall be made to the arbitrator prior to the filing of the award.
(b)CA Labor Code § 5278(b) Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code applies to a communication to the arbitrator or a potential arbitrator.
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