Compensation ProceedingsHearings
Section § 5700
This law explains how hearings for workers' compensation cases can be postponed and moved to different locations as decided by the appeals board or the judge in charge. If a judge postpones the hearing, they must also be the one to finish the case and make a decision. Both parties involved in the case can attend the hearing in person, through an attorney, or by a representative, and can present evidence relevant to the case.
Section § 5701
This section explains that the appeals board related to workers' compensation can investigate claims by gathering evidence. They can do this by ordering testimony, inspecting the site of the injury, reviewing employer records like timebooks and payroll, or having the worker examined by a physician. All findings are reported back to the appeals board for review.
Section § 5702
This law allows parties involved in a dispute to agree in writing on the facts and submit this agreement to the appeals board. The appeals board can then use this agreement to make a decision and award or may choose to hold a hearing to gather more information if needed to resolve the dispute.
Section § 5703
This law section details the types of evidence the appeals board can use in hearings about disputed facts, beyond just sworn testimony.
It includes reports from doctors, provided they are sworn to be true and follow certain legal standards. It also covers reports from special investigators, employer records, hospital records, and official publications.
The law allows excerpts from expert testimonies, medical protocols, and reports from vocational experts if they meet specific criteria. It requires that all such evidence be properly authenticated and that details about the development and credibility of medical protocols are also included when they are introduced.
Section § 5703.5
This law section allows for a qualified medical evaluator to examine an unrepresented employee regarding clinical questions under certain conditions. If an application has been filed and the appeals board agrees, an unrepresented employee can be directed to a medical evaluation, but the cost must be agreed upon by a party involved. Similarly, if a case is submitted to an information and assistance officer, they can direct an injured employee to undergo a medical evaluation, with the agreement on the covering cost and the employee's consent. These provisions are applicable for injuries that happen on or after January 1, 1991.
Section § 5704
This law requires that any testimony, reports, or other information added to a legal case's record outside of a public hearing must be shared with all parties involved. Before a final decision is made, these parties should have a chance to respond to or contest this information.
Section § 5705
This law section explains who has to prove certain points in a workplace injury case. Generally, the person making a claim has to prove their case. However, if an employer wants to claim certain defenses to avoid liability, they must prove these situations themselves. These defenses include showing the injured worker was not really an employee but an independent contractor, that the worker was intoxicated or engaged in willful misconduct causing the injury, that the employee's own unreasonable actions worsened their disability, or that the employer was harmed because the employee didn't report the injury correctly.
Section § 5706
If an employee dies due to injuries from work, the appeals board can request an autopsy. The results from this autopsy can be used as evidence in related proceedings. If the body is with the coroner, physicians chosen by the appeals board may attend any autopsy the coroner conducts. If the coroner has already done an autopsy or doesn't require one, the appeals board can have its own autopsy done, and the coroner can't charge for allowing this.
Section § 5707
This law says that if a deceased employee's body is not with the coroner, the appeals board can approve an autopsy and even dig up the body if needed. However, if the family or main custodians of the body refuse an autopsy, it can't be done. In that situation, it’s assumed during any compensation claim hearing that the death wasn’t due to work-related causes, possibly affecting their benefits claim.
Section § 5708
This section explains that hearings and investigations related to workers' compensation in front of the appeals board or a workers’ compensation judge follow specific rules set by the board. These proceedings aren't bound by traditional evidence and procedure rules, allowing flexibility to uncover the facts and protect the rights involved. Importantly, everything said in testimony, along with objections and decisions, must be recorded by a skilled shorthand reporter.
Section § 5709
This law says that even if there are informalities in the legal proceedings or testimony process, it won't make any orders, decisions, awards, or rules invalid. Also, using evidence that typically wouldn't be allowed under regular legal procedures won't invalidate these actions either.
Section § 5710
This law outlines the rules for taking depositions in workers' compensation cases in California. It allows for the deposition of witnesses both inside and outside the state, following the procedures for civil cases. If an employer or their insurance wants to depose an injured employee or a claimant for benefits, they must cover all reasonable travel, meal, and lodging expenses, compensate for lost wages during the deposition, and provide a free transcript copy.
If the claimant has a lawyer, the employer must pay a reasonable attorney's fee as determined by the appeals board. Additionally, if the claimant needs an interpreter, the employer must cover the cost according to a predefined fee schedule. Overall, this law ensures that claimants do not bear the costs associated with attending their depositions.