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PLEADINGS

Labor Code §5500: "No pleadings other than the application and answer shall be required. Both shall be in writing and shall conform to forms prescribed by the appeals board in its rules of practice and procedure, simply but clearly and completely delineating all relevant matters of agreement and all issues of disagreement within the jurisdiction of the appeals board, and providing for the furnishing of any additional information as the appeals board may properly determine necessary to expedite its hearing and determination of the claim...."

There are a few basic pleadings allowed in California's workers' compensation system:

To open a caseApplication for Adjudication of Claim (regular and death case), Compromise and Release, Stipulations with Request for Award, or Request for Findings of Fact. There must be a separate Application for Adjudication for each injury and separate pleadings filed in each case.

Answer: "An Answer to each Application for Adjudication shall be filed and served ten (10) days after service of the Declaration of Readiness to Proceed required by rule 10414 or 10415." Both regs cited in the Answer reg were repealed. In many cases the defendant does not file an Answer. But see 8 CCR §10484:

A general denial is not an answer within this rule. The Answer shall be accompanied by a proof of service upon the opposing parties.

Evidence upon matters and affirmative defenses not pleaded by Answer will be allowed only upon such terms and conditions as the Appeals Board or workers' compensation judge may impose in the exercise of sound discretion.

All answers "shall be verified under penalty of perjury" (8 CCR §10450).

Declaration of Readiness to Proceed (regular and expedited hearing)

Liens

Petitions and Objections: used for various purposes (e.g., Objection to Venue, Objection to Declaration of Readiness to Proceed, Petition for Appointment of a Guardian ad Litem and Trustee, Petition for Sanctions). All petitions must be verified or the petition may be denied or dismissed (8 CCR §10450).

Stipulations: to narrow issues, obtain an Award, etc.

Compromise and Release
: to settle a case or issues that have arisen to date.

Time sensitive documents: Note that an "electronically transmitted document shall be deemed to have been received by EAMS when the electronic transmission of the document into EAMS is complete. A document received electronically after 5:00 pm of a court day (i.e., Monday through Friday, except designated State holidays) shall be deemed filed as of the next court day." 8 CCR §10206.3

Label Item Links Comments
Labor Code "No pleadings other than the application and answer shall be required. Both shall be in writing and shall conform to forms prescribed by the appeals board in its rules of practice and procedure, simply but clearly and completely delineating all relevant matters of agreement and all issues of disagreement within the jurisdiction of the appeals board, and providing for the furnishing of any additional information as the appeals board may properly determine necessary to expedite its hearing and determination of the claim...." LC §5500  
Regulations/Rules All Regulations

"The pleadings shall be deemed amended to conform to the stipulations and statement of issues agreed to by the parties on the record. Pleadings may be amended by the Workers' Compensation Appeals Board to conform to proof.
Pleadings Regs

8 CCR §10492
 
Cases   
Forms All forms  

EAMS forms
DWC forms

EAMS forms
Note the forms depend on whether filing by OCR, directly into EAMS, etc. Some forms are not on EAMS so "legacy" forms are used. Be sure to review entire Forms page. 
Websites  
Practice Tips   Despite the historic procedural informality of the workers' compensation litigation process, in recent years there has been an elevation of form over substance and a closer adherence to Board rules. Also, changes in apportionment law have created a minefield for the unwary. Think carefully before filing the Application for Adjudication of Claim, and in all pleadings pay close attention to the details. If a declaration under penalty of perjury is required (as it is on Declarations of Readiness to Proceed, objections to DRs, etc.), make sure you think before signing.  
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