Claim filing procedure, pleadings, venue and dismissal

• Author: David L. Pollak/Roger A. Tolman, Jr./Monika R. Reyes
• Pages: 913-940

FILING, PLEADINGS,

VENUE, DISMISSAL

16-1

CHAPTER 16

CLAIM FILING PROCEDURE,

PLEADINGS, VENUE AND DISMISSAL

I. THE EMPLOYEE CLAIM FORM

A. General Points

§16:01 Notice of Injury

§16:02 Requirements for Provision of a Claim Form

§16:03 Claim Form Requirements

B. Claim Procedures

§16:10 Providing Employee With Claim Form

§16:11 “Filing” the Form With the Employer

C. Time Constraints Upon Employer

§16:20 Claim Form to Employee Following Knowledge of Injury

§16:21 Commencement of Treatment Following the Filing of a Claim Form

§16:22 Commencement of Payment of TD or Deferral of Decision to Pay; 90-Day Presumption Period

D. Presumption of Compensability

§16:30 Notice of Injury to Employer and Provision of Claim Form

§16:31 Claim Form or Estoppel Required for Presumption of Compensability

§16:32 Operation of Presumption With Respect to Psychiatric Claims

§16:33 Complexity of Medical Problems No Excuse for Failure to Reject

§16:34 What Is a “Rejection” of a Claim?

§16:35 Application of Presumption

§16:36 Rebuttal Evidence

II. THE APPLICATION

§16:70 Initial Board Pleadings

§16:71 General Provisions Applying to All Dates of Injury

§16:72 Application Form and Filing Procedure

§16:73 Who May File an Application?

§16:74 Death Benef‌it Claims: Dependents and Minors

§16:75 Separate Applications/Injury Claim Forms for Each Injury

§16:76 Avoidance of Multitudinous Pleadings

§16:77 Informal Pleadings

§16:78 Joiner of Additional Parties

III. SERVICE OF PROCESS

§16:90 Service of Application and Other Documents

§16:91 Manner of Service

§16:92 Off‌icial Address Record

§16:93 Jurisdictional Notice

§16:94 Effect of Failure to Appear

FILING, PLEADINGS,

VENUE, DISMISSAL

California Workers’ Compensation 16-2

IV. VENUE

§16:100 Background

§16:101 Venue Choices

§16:102 Multiple Choices

§16:103 Objection to Attorney’s Place of Business as Venue

§16:104 Venue Where No Available Board Off‌ice Under Statute

§16:105 [Reserved]

§16:106 Change of Venue

§16:107 Venue for Lien Conference

V. THE ANSWER

§16:120 Statutory Basis

§16:121 Time to File Answer

§16:122 Answer Form

§16:123 Denials and Aff‌irmative Defenses

§16:124 Effect of Failure to File Answer

VI. PAPERS AND OTHER PLEADINGS

§16:130 Petitions

§16:131 Demurrer Not Allowed

§16:132 Service of All Documents

§16:133 Form and Size of Documents Filed

§16:134 Filing Only at Appropriate Local Board Off‌ice

§16:135 Documents Not to Be Filed

§16:136 Uniform Forms

VII. AMENDMENT TO PLEADINGS

§16:150 Liberality — Blanchard

§16:151 Formal Amendment — By New Pleading

§16:152 Informal Amendment by Letter

§16:153 At Hearing — To Conform to Admissions and Issues

§16:154 To Conform to Proof

VIII. DISMISSAL

§16:160 Dismissal of Claim Form

§16:161 Lack of Prosecution

§16:162 Defendant’s Request

§16:163 Applicant’s Request

§16:164 [Reserved]

§16:165 Dismissal Without Prejudice

§16:166 Applicant Must Be Competent to Request Dismissal

§16:167 Case Dismissal Orders — Party Dismissal Distinguished

FORMS (ON DIGITAL ACCESS ONLY)

16.1 Employee’s Claim for Workers’ Compensation Benef‌its (DWC Form 1)

16.2 Application for Adjudication of Claim (DWC WCAB Form 1A)

16.3 Application for Adjudication of Claim (Death Case) (WCAB Form 2)

16.4 Petition for Appointment of Guardian Ad Litem and Trustee (DWC WCAB Form 8)

16.5 Answer to Application for Adjudication of Claim (DWC WCAB Form 10)

16.6 Request for Dismissal (WCAB Form 43)