Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 9. Filing and Service of Documents
The regulation, as printed
(a) The Workers' Compensation Appeals Board shall serve the injured employee or any dependent(s) of a deceased employee, whether or not the employee or dependent is represented, and all parties of record with any final order, decision or award issued by it on a disputed issue after submission. The Workers' Compensation Appeals Board shall not designate a party, or their attorney or agent of record, to serve any final order, decision or award relating to a submitted issue. (b) If the Workers' Compensation Appeals Board effects personal service of a document at a hearing or at a walk-through proceeding, the proof of personal service shall be made by endorsement on the document, setting forth legibly the name(s) of the person(s) served, the date of service and the fact of personal service. The endorsement shall bear the legibly printed name and signature of the person making the service. (c) If the Workers' Compensation Appeals Board serves a document by mail, the proof of mail service shall be made by endorsement on the document, setting forth the fact of mail service on the persons or entities listed on the official address record as required by rules 10400 and 10401 and shall state the date of mail service. (d) If the Workers' Compensation Appeals Board electronically serves a document, the proof of electronic service shall be made by endorsement on the document, setting forth the fact of electronic service on the persons or entities listed on the official address record as required by rules 10400 and 10401 and the date of electronic service. (e) Where a district office of the Workers' Compensation Appeals Board maintains mailboxes for outgoing documents and allows consenting parties, lien claimants and attorneys to obtain their documents from their mailboxes, documents so obtained shall be deemed to have been served on the party, lien claimant or attorney by mail on the date of service specified on the document.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5316 and 5504, Labor Code.
1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). 2. Amendment of subsections (c)-(d) filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).
What panels did with this rule
Released decisions that named § 10628, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ13289648 · 2025-12-23 · Riverside District Office8 CCR § 10628
Determinative passage · p.6contravention to WCAB Rule 10628, which states, in relevant part, that "[t]he Workers' Compensation Appeals Board shall not designate a party, or their attorney or agent of record, to serve any final order, decision or award." (Cal. Code Regs., tit. 8, § 10628(a).) Given that the Order was a final order, designated service is improper.
Service of the Order was improperly delegated to defendant, making the dismissal void.
Official decision · page 6 → - ADJ18784544 · 2025-08-19 · Van Nuys District Office8 CCR § 10628
Determinative passage · p.4(a) The Workers' Compensation Appeals Board shall serve the injured employee or any dependent(s) of a deceased employee, whether or not the employee or dependent is represented, and all parties of record with any final order, decision or award issued by it on a disputed issue after submission. The Workers' Compensation Appeals Board shall not designate a party, or their attorney or agent of record, to serve any final order, decision or award relating to a submitted issue.
The Board found the WCJ improperly delegated service of the final order to applicant's counsel.
Official decision · page 4 → - ADJ16292687 · 2025-04-22 · Van Nuys District Office8 CCR § 10628
Determinative passage · p.21 The WCJ designated service of the Order dismissing the lien pursuant to WCAB Rule 10629, however, WCAB Rule 10628 states that "The Workers' Compensation Appeals Board shall not designate a party, or their attorney or agent of record, to serve any final order, decision or award relating to a submitted issue." (Cal. Code Regs., tit. 8, § 10628(a).) As an Order of dismissal is final order, the designated service of the Order did not comply with WCAB Rule 10628.
The Order of dismissal was served by a designated party, violating this rule.
Official decision · page 2 → - ADJ18875713 · 2024-08-23 · Marina del Rey District Office8 CCR § 10628
Determinative passage · p.3on applicant, whether or not applicant is represented. WCAB Rule 10628(a) (Cal. Code Regs., tit. 8, § 10628) provides that final orders may not be served by designated service. Where an order can be shown to have been defectively served, the time limit begins to run as of the date of receipt of the order. (Hartford Accident & Indemnity Co. v. Workers' Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1 [43 Cal.Comp.Cases 1193].) Here, SCIF filed its petition to dismiss on April 4, 2024, but failed to serve applicant. In the Petition for Reconsideration, applicant's attorney alleges that he did not receive the NOI. Consequently, there are significant issues with service herein.
The defective service of the dismissal petition and notice on applicant violated this regulation.
Official decision · page 3 → - ADJ11629950 · 2023-12-19 · Los Angeles District Office8 CCR § 10628
Determinative passage · p.6Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73, 75-76].) Pursuant to WCAB Rule 10628(a), the WCJ is required to serve the injured employee, regardless of whether or not the employee is represented, with any final order, decision or award issued on a disputed issue and may not designate a party's attorney to serve any such final order, decision or award. (Cal. Code Regs., tit. 8, § 10628.) Here, the record reveals that instead of serving applicant with the F&O, the WCJ designated defendant's counsel, Michael G. McConville of Floyd, Skeren and Kelly, to serve the F&O on all the parties. Because service of the F&O did not comply with WCAB Rule 10628, we consider it defective. Where service or the proof of service is defective, the time to file a petition for reconsideration is measured from the date the party receives the order in question. (Hartford
The WCJ's designation of defendant's counsel to serve the Findings and Order was defective service.
Official decision · page 6 → - ADJ10618904 · 2023-10-31 · Long Beach District Office8 CCR § 10628
Determinative passage · p.2WCAB] on a disputed issue after submission" Cal. Code Regs., tit. 8, § 10628, subd. (a).) We therefore accept the applicant's Petition as timely.
Panel accepted applicant's Petition as timely because it did not appear the Findings and Award was ever served directly on applicant.
Official decision · page 2 → - ADJ15412012 · 2023-10-31 · Marina del Rey District Office8 CCR § 10628
Determinative passage · p.3I. INTRODUCTION applicant filed an Application for Adjudication of Claim alleging injury on October 9, 2020 to her back, arm, hips, knee and leg while employed as a packer at Carson, California by HORIZON PERSONEL SERVICES who was insured for workers' compensation insurance by HARTFORD. An Order Dismissing Case issued August 21, 2023 and was served on all parties by Defendant on August 24, 2023. The service of the order dismissing was delegated to defendant rather than the WCAB serving the order as is required by Title 8, Cal. Code of Regulations section 10628(a). Applicant filed a timely and verified Petition for Reconsideration on September 1, 2023. The judge who signed the order retired August 31, 2023 and based upon a review of the history and since service of a final order was delegated to a party to serve, it is the recommendation of the undersigned judge that the commissioners grant reconsideration, rescind the order dismissing case dated August 21, 2023 and return the case to the Marina del Rey office to handle further issues related to this case.
Service of the order dismissing was delegated to defendant rather than the WCAB serving the order as is required by this regulation.
Official decision · page 3 → - ADJ4641802 · 2022-03-14 · Riverside District Office8 CCR § 10628
Determinative passage · p.1Contrary to the WCJ, we find applicant's petition timely filed. The WCJ issued the Joint Findings and Awards on November 16, 2021 but served it solely on defendant, designating defendant to perform service of all other parties listed on the Official Address Record pursuant to WCAB rule 10629. However, both the former version and the current version of WCAB Rule 10628 state that "The Workers' Compensation Appeals Board shall not designate a party, or their attorney or agent of record, to serve any final order, decision or award relating to a submitted issue."1 (Cal. Code Regs., tit. 8, § 10628(a).) The Appeals Board's March 18, 2020 In Re:
Service of November 16, 2021 Joint Findings and Awards did not comply with this rule, making the petition timely.
Official decision · page 1 →
Rules beside this one
Article 9. Filing and Service of Documents — regulations rarely stand alone, and the answer is often two sections away.
- § 10625Service by Parties.13 decisions
- § 10626Examining and Copying Hospital and Physicians' Records. [Repealed]2 decisions
- § 10629Designated Service.5 decisions
- § 10630Return of Exhibits. [Repealed]
- § 10631Specific Finding of Fact - Labor Code Section 139.2(d)(2). [Renumbered]
- § 10632Service on the Division of Workers' Compensation and the Director of Industrial Relations.