ADJ13323965 — California WCAB decision

What the panel ordered

May 16, 2022 Findings and Order rescinded; case returned to trial level for further proceedings

Petition for Reconsideration granted to study factual and legal issues; WCJ's Findings and Order rescinded and matter returned to trial level for further proceedings

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Other disputed issueApplicant prevailed

The WCJ's refusal to admit lien claimant's exhibits was based on a 20-day advance filing rule, but the lien claimant was not served with the hearing minutes setting the trial date, violating due process and equity principles, leading to rescission of the order and remand for further proceedings.

From the decision · page 1Lien claimant contends that the WCJ erred in refusing to accept the exhibits of lien claimant into evidence because the WCJ's order to file exhibits 20 days in advance was never served upon lien claimant.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Lien claimant was not served with the minutes of hearing setting the trial date.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Cal. Code Regs., tit. 8, 10620

WCAB Rule 10620 requires filing exhibits at least 20 days prior to trial unless otherwise ordered.

The rule is important and should be followed, but relief from default judgment must be considered if a party was not served with the trial setting order.

From the decision · page 3Pursuant to WCAB Rule 10620: "Any document that a party proposes to offer into evidence at a trial shall be filed with the Workers' Compensation Appeals Board at least 20 days prior to the trial unless otherwise ordered by the Workers' Compensation Appeals Board." (Cal. Code Regs., tit. 8, § 10620.) While the rule is important and should be followed, the WCJ must

Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 476-478 (Appeals Board en banc)

A fair hearing includes the opportunity to introduce and inspect exhibits and offer evidence in rebuttal.

The WCJ must ensure a fair hearing including the admission of evidence unless proper notice is given.

From the decision · page 2(Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476-478 (Appeals

Fox v. Workers' Comp. Appeals Bd. (1992) 4 Cal.App.4th 1196, 1205-1206

When a party in default moves promptly to seek relief, very slight evidence is required to justify setting aside a default judgment.

Appellate courts favor trials on the merits and relief from default judgments when a party was not properly served.

From the decision · page 3"It is the policy of the law to favor, whenever possible, a hearing on the merits. Appellate courts are much more disposed to affirm an order when the result is to compel a trial on the merits than when the default judgment is allowed to stand. Therefore, when a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's order setting aside a default." (Fox v. Workers' Comp. Appeals Bd. (1992) 4 Cal.App.4th 1196, 1205-1206 [57 Cal. Comp. Cases 149].)

ADJ13323965 · February 11, 2026

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

What proof carried it

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