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CITATIONS

Thanks to the Honorable Colleen S. Casey for providing the following information which this editor slightly rearranged and added active links:

Citable AND Binding: Cal Rule of Court 8.1115 states “A published California opinion may be cited or relied on as soon as it is certified for publication or ordered published.” 

DCA decisions are automatically vacated if an application for Writ for Review is granted by the California Supreme Court. (WCAB decisions are NOT automatically vacated if Writ is granted by DCA.). Cal Rule of Ct §8.1105 states: “a [DCA] opinion is no longer considered published [in effect] if the Supreme Court grants review or the rendering court grants rehearing.”

WCAB en banc decisions are citable and binding precedent. (See  8 CCR §10341; City of Long Beach v. WCAB (Garcia) (2005), 70 CCC 109, fn. 5 Gee v. WCAB, (2002) 67 CCC 236; fn. 6; Govt. Code §11425.60(b).) WCAB en banc decisions remain in effect unless and until the DCA or Supreme Court overrules or stays the WCAB’s decision pursuant to LC §5956 which states: “The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, decision, or award of the appeals board…”  (See Daggle v. Sierra Sands Unified School District, (2005) 70 CCC 1480.)

Citable BUT not Binding: In general, WCAB panel decisions are citable, but are not binding precedent. See Footnote 7 in Guitron v. Santa Fe Extruders (2011),  an en banc decision : “…Appeals Board panel decisions are not binding precedent…we consider them to the extent we find their reasoning persuasive.  Unlike unpublished appellate court opinions, which, pursuant to California Rules of Court, Rule 8.1115(a), may not be cited or relied on … WCAB panel decisions are citable, even though they have no precedential value."

WCAB Noteworthy Panel Decisions (NPD) are citable, but are not binding precedent, and they are NOT a WCAB Significant Panel Decision (SPD).

WCAB Significant Panel Decisions (SPD) are citable, but are not binding precedent. (See Smith v. WCAB (2000) 65 CCC 277, page 280 at fn 2.)

CWCR panel decision summaries are citable, but are not binding precedent. (See Griffith v. WCAB (1989) 54 CCC 145 at fn. 2. See also Smith v. WCAB (2000) 65 CCC 277, page 280 at fn  2.)

NOT Citable AND NOT Binding: Unpublished appellate court (DCA) opinions may not be cited nor relied on, except as specified by Rule 8.1115(b), pursuant to California Rule of Court, Rule 8.1115(a).

DCA decisions are automatically vacated if an application for Writ for Review is granted by the California Supreme Court. (WCAB decisions are NOT automatically vacated if Writ is granted by DCA.). Cal Rule of Ct §8.1105 states: “a [DCA] opinion is no longer considered published [in effect] if the Supreme Court grants review or the rendering court grants rehearing.”

Label Item Links Comments
Labor Code  
Rules of Court  Cal Rule of Court 8.1115: “A published California opinion may be cited or relied on as soon as it is certified for publication or ordered published.”  Cal Rule of Court 8.1115  
Cal Rule of Ct §8.1105: “a [DCA] opinion is no longer considered published [in effect] if the Supreme Court grants review or the rendering court grants rehearing.” Cal Rule of Ct §8.1105  
Regulations/Rules 8 CCR §10341: "En banc decisions of the Appeals Board are binding on panels of the Appeals Board and workers' compensation judges as legal precedent under the principle of stare decisis." 8 CCR §10341  
Cases  Guitron v. Santa Fe Extruders (2011),  an en banc decision : “…Appeals Board panel decisions are not binding precedent…we consider them to the extent we find their reasoning persuasive." Guitron v. Santa Fe Extruders  
Websites  
Practice Tips    
Artcles California EAMS: What Are SPDs? Posted by Colleen Casey
Significant panel decisions
Magazine Articles  
Roundtable  
Miscellaneous    

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