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DECLARATION OF READINESS TO PROCEED (DOR)

The form required to put a case on the conference calendar is known as the "DOR" or "DR" or "DRP".  It contains the statement (often not complied with) that "Declarant states under penalty perjury that he or she is presently ready to proceed to hearing on the issues below and  has made the following specific, genuine, good faith efforts to resolve the dispute(s) listed below:"

SB 863 introduced a booby trap for the unwary by amending Labor Code §4061 to add: (i) No issue relating to the existence or extent of permanent impairment and limitations resulting from the injury may be the subject of a declaration of readiness to proceed unless there has first been a medical evaluation by a treating physician and by either an agreed or qualified medical evaluator.... Previously it was one or the other. Now it is unclear exactly what is required.

See, too, Sanctions

Label Item Links Comments
Labor Code      
Regulations/Rules Rules of the Workers' Compensation Appeals Board 8 CCR §10414  
  The WCAB Policy and Procedural Manual allows review of DORS prior to calendaring:

1. DORs filed by lien claimants, to determine whether the case-in-chief has been resolved (see Labor Code §4903.5(d)); and

2. DORs to proceed to expedited hearing, to determine whether an expedited hearing is appropriate under Labor Code §5502(b).
Review of some DORs  
Forms Declaration of Readiness to Proceed DOR  
Websites    
Practice Tips In particular note that 8 CCR §10414 requires:

(a) ...The declaration of readiness shall be served on all other parties and lien claimants

(b) All declarations of readiness to proceed shall state under penalty of perjury the moving party has made a genuine, good faith effort to resolve the dispute before filing the declarations of readiness to proceed, and shall state with specificity the same on the declarations of readiness to proceed

(c) A false declaration or certification by any party, lien claimant, attorney or representative may give rise to proceedings under Labor Code section 134 for contempt or Labor Code section 5813 for sanctions.

So, feel free to object to the DOR (8 CCR §10416).
   
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