Section § 5700

Explanation

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.

The hearing on the application may be adjourned from time to time and from place to place in the discretion of the appeals board or the workers’ compensation judge holding the hearing. Any hearing adjourned by the workers’ compensation judge shall be continued to be heard by and shall be concluded and the decision made by the workers’ compensation judge who previously heard it. Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings.

Section § 5701

Explanation

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.

The appeals board may, with or without notice to either party, cause testimony to be taken, or inspection of the premises where the injury occurred to be made, or the timebooks and payroll of the employer to be examined by any member of the board or a workers’ compensation judge appointed by the appeals board. The appeals board may also from time to time direct any employee claiming compensation to be examined by a regular physician. The testimony so taken and the results of any inspection or examination shall be reported to the appeals board for its consideration.

Section § 5702

Explanation

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.

The parties to a controversy may stipulate the facts relative thereto in writing and file such stipulation with the appeals board. The appeals board may thereupon make its findings and award based upon such stipulation, or may set the matter down for hearing and take further testimony or make the further investigation necessary to enable it to determine the matter in controversy.

Section § 5703

Explanation

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.

The appeals board may receive as evidence either at or subsequent to a hearing, and use as proof of any fact in dispute, the following matters, in addition to sworn testimony presented in open hearing:
(a)CA Labor Code § 5703(a) Reports of attending or examining physicians.
(1)CA Labor Code § 5703(a)(1) Statements concerning any bill for services are admissible only if made under penalty of perjury that they are true and correct to the best knowledge of the physician.
(2)CA Labor Code § 5703(a)(2) In addition, reports are admissible under this subdivision only if the physician has further stated in the body of the report that there has not been a violation of Section 139.3 and that the contents of the report are true and correct to the best knowledge of the physician. The statement shall be made under penalty of perjury.
(b)CA Labor Code § 5703(b) Reports of special investigators appointed by the appeals board or a workers’ compensation judge to investigate and report upon any scientific or medical question.
(c)CA Labor Code § 5703(c) Reports of employers, containing copies of timesheets, book accounts, reports, and other records properly authenticated.
(d)CA Labor Code § 5703(d) Properly authenticated copies of hospital records of the case of the injured employee.
(e)CA Labor Code § 5703(e) All publications of the Division of Workers’ Compensation.
(f)CA Labor Code § 5703(f) All official publications of the State of California and United States governments.
(g)CA Labor Code § 5703(g) Excerpts from expert testimony received by the appeals board upon similar issues of scientific fact in other cases and the prior decisions of the appeals board upon similar issues.
(h)CA Labor Code § 5703(h) Relevant portions of medical treatment protocols published by medical specialty societies. To be admissible, the party offering such a protocol or portion of a protocol shall concurrently enter into evidence information regarding how the protocol was developed, and to what extent the protocol is evidence-based, peer-reviewed, and nationally recognized. If a party offers into evidence a portion of a treatment protocol, any other party may offer into evidence additional portions of the protocol. The party offering a protocol, or portion thereof, into evidence shall either make a printed copy of the full protocol available for review and copying, or shall provide an Internet address at which the entire protocol may be accessed without charge.
(i)CA Labor Code § 5703(i) The medical treatment utilization schedule in effect pursuant to Section 5307.27 or the guidelines in effect pursuant to Section 4604.5.
(j)CA Labor Code § 5703(j) Reports of vocational experts. If vocational expert evidence is otherwise admissible, the evidence shall be produced in the form of written reports. Direct examination of a vocational witness shall not be received at trial except upon a showing of good cause. A continuance may be granted for rebuttal testimony if a report that was not served sufficiently in advance of the close of discovery to permit rebuttal is admitted into evidence.
(1)CA Labor Code § 5703(j)(1) Statements concerning any bill for services are admissible only if they comply with the requirements applicable to statements concerning bills for services pursuant to subdivision (a).
(2)CA Labor Code § 5703(j)(2) Reports are admissible under this subdivision only if the vocational expert has further stated in the body of the report that the contents of the report are true and correct to the best knowledge of the vocational expert. The statement shall be made in compliance with the requirements applicable to medical reports pursuant to subdivision (a).

Section § 5703.5

Explanation

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.

(a)CA Labor Code § 5703.5(a) The appeals board, at any time after an application is filed and prior to the expiration of its jurisdiction may, upon the agreement of a party to pay the cost, direct an unrepresented employee to be examined by a qualified medical evaluator selected by the appeals board, within the scope of the qualified medical evaluator’s professional training, upon any clinical question then at issue before the appeals board.
(b)CA Labor Code § 5703.5(b) The administrative director or his or her designees, upon the submission of a matter to an information and assistance officer, may, upon the agreement of a party to pay the cost, and with the consent of an unrepresented employee direct the injured employee to be examined by a qualified medical evaluator selected by the medical director, within the scope of the qualified medical evaluator’s professional training, upon any clinical question, other than those issues specified in Section 4061, then pertinent to the investigation of the information and assistance officer.
(c)CA Labor Code § 5703.5(c) The 1989 and 1990 amendments to this section shall become operative for injuries occurring on and after January 1, 1991.

Section § 5704

Explanation

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.

Transcripts of all testimony taken without notice and copies of all reports and other matters added to the record, otherwise than during the course of an open hearing, shall be served upon the parties to the proceeding, and an opportunity shall be given to produce evidence in explanation or rebuttal thereof before decision is rendered.

Section § 5705

Explanation

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.

The burden of proof rests upon the party or lien claimant holding the affirmative of the issue. The following are affirmative defenses, and the burden of proof rests upon the employer to establish them:
(a)CA Labor Code § 5705(a) That an injured person claiming to be an employee was an independent contractor or otherwise excluded from the protection of this division where there is proof that the injured person was at the time of his or her injury actually performing service for the alleged employer.
(b)CA Labor Code § 5705(b) Intoxication of an employee causing his or her injury.
(c)CA Labor Code § 5705(c) Willful misconduct of an employee causing his or her injury.
(d)CA Labor Code § 5705(d) Aggravation of disability by unreasonable conduct of the employee.
(e)CA Labor Code § 5705(e) Prejudice to the employer by failure of the employee to give notice, as required by Sections 5400 and 5401.

Section § 5706

Explanation

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.

Where it is represented to the appeals board, either before or after the filing of an application, that an employee has died as a result of injuries sustained in the course of his employment, the appeals board may require an autopsy. The report of the physician performing the autopsy may be received in evidence in any proceedings theretofore or thereafter brought. If at the time the autopsy is requested, the body of the employee is in the custody of the coroner, the coroner shall, upon the request of the appeals board or of any party interested, afford reasonable opportunity for the attendance of any physicians named by the appeals board at any autopsy ordered by him. If the coroner does not require, or has already performed the autopsy, he shall permit an autopsy or reexamination to be performed by physicians named by the appeals board. No fee shall be charged by the coroner for any service, arrangement, or permission given by him.

Section § 5707

Explanation

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.

If the body of a deceased employee is not in the custody of the coroner, the appeals board may authorize the performance of such autopsy and, if necessary, the exhumation of the body therefor. If the dependents, or a majority thereof, of any such deceased employee, having the custody of the body refuse to allow the autopsy, it shall not be performed. In such case, upon the hearing of any application for compensation it is a disputable presumption that the injury or death was not due to causes entitling the claimants to benefits under this division.

Section § 5708

Explanation

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.

All hearings and investigations before the appeals board or a workers’ compensation judge are governed by this division and by the rules of practice and procedures adopted by the appeals board. In the conduct thereof they shall not be bound by the common law or statutory rules of evidence and procedure, but may make inquiry in the manner, through oral testimony and records, which is best calculated to ascertain the substantial rights of the parties and carry out justly the spirit and provisions of this division. All oral testimony, objections, and rulings shall be taken down in shorthand by a competent phonographic reporter.

Section § 5709

Explanation

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.

No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, award, or rule made and filed as specified in this division. No order, decision, award, or rule shall be invalidated because of the admission into the record, and use as proof of any fact in dispute, of any evidence not admissible under the common law or statutory rules of evidence and procedure.

Section § 5710

Explanation

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.

(a)CA Labor Code § 5710(a) The appeals board, a workers’ compensation judge, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. To that end the attendance of witnesses and the production of records may be required. Depositions may be taken outside the state before any officer authorized to administer oaths. The appeals board or a workers’ compensation judge in any proceeding before the appeals board may cause evidence to be taken in other jurisdictions before the agency authorized to hear workers’ compensation matters in those other jurisdictions.
(b)CA Labor Code § 5710(b) If the employer or insurance carrier requests a deposition to be taken of an injured employee, or any person claiming benefits as a dependent of an injured employee, the deponent is entitled to receive in addition to all other benefits:
(1)CA Labor Code § 5710(b)(1) All reasonable expenses of transportation, meals, and lodging incident to the deposition.
(2)CA Labor Code § 5710(b)(2) Reimbursement for any loss of wages incurred during attendance at the deposition.
(3)CA Labor Code § 5710(b)(3) One copy of the transcript of the deposition, without cost.
(4)CA Labor Code § 5710(b)(4) A reasonable allowance for attorney’s fees for the deponent, if represented by an attorney licensed by the State Bar of this state. The fee shall be discretionary with, and, if allowed, shall be set by, the appeals board, but shall be paid by the employer or his or her insurer. The administrative director shall, on or before July 1, 2018, determine the range of reasonable fees to be paid.
(5)CA Labor Code § 5710(b)(5) If interpretation services are required because the injured employee or deponent does not proficiently speak or understand the English language, upon a request from either, the employer shall pay for the services of a language interpreter certified or deemed certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code. The fee to be paid by the employer shall be in accordance with the fee schedule adopted by the administrative director and shall include any other deposition-related events as permitted by the administrative director.