Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 15. Findings, Awards and Orders
The regulation, as printed
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Section 5307, Labor Code.
1. Amendment of section and Note filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Amendment of section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). 3. Repealer of former section 10850 and renumbering of former section 10780 to section 10850, including amendment of section heading, section and Note, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10850, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16708894 · 2026-03-30 · Van Nuys District Office8 CCR § 10850
Determinative passage · p.7Also relevant to the case before us, WCAB Rule 10850(b) states: (b) All other orders of dismissal of Applications for Adjudication of Claim shall issue only after service of a notice of intention allowing at least 10 days for any adverse party to show good cause to the contrary, and not by an order with a clause rendering the order null and void if an objection showing good cause is filed.
The January 12, 2026 reaffirmation of dismissal was improper as applicant was not afforded an opportunity to be heard after timely objection to the NIT.
Official decision · page 7 → - ADJ16301127 · 2024-03-29 · Van Nuys District Office8 CCR § 10850
Determinative passage · p.2DISCUSSION Dismissal of a petition, at applicant's request, is governed by WCAB Rule 10850(a), which requires that upon request by the employee for dismissal, "orders of dismissal of applications for adjudication of claim shall issue forthwith." (Cal. Code Regs., tit. 8, § 10850(a).) "The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of [Division 4]...At any time, upon notice and after the opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor." (Lab. Code, § 5803.) "No award of compensation shall be rescinded, altered, or amended after five years from the date of injury except upon a petition by a party in interest filed within such five years..." (Lab. Code, § 5804.) An appropriate pleading must be filed with the Appeals Board within five years of the date of injury to invoke the Appeals Board's continuing jurisdiction. (Lab.
The dismissal order was initially issued per applicant's request but reconsidered due to changed circumstances.
Official decision · page 2 → - ADJ11207885 · 2021-09-13 · Pomona District Office8 CCR § 10850
Determinative passage · p.2We now turn to the substantive issues. The WCJ recommends we deny applicant's petition based on WCAB Rule 10850(a) and "because Applicant himself long ago requested the action that the court eventually took." However, we do not find WCAB Rule 10850(a) controlling. While WCAB rules may indeed be informative in situations even when not directly on point, WCAB Rule 10850(a) states that "Orders of dismissal of Applications for Adjudication of Claim shall issue forthwith upon request by the employee...." (Cal. Code Regs., tit. 8, § 10850(a), emphasis added.) "Forthwith" means immediately and without delay. In this case, applicant filed the Request for Dismissal of the S&W petition on November 12, 2019. The dismissal order was not
The WCJ did not issue the dismissal order forthwith, nor did it issue a notice of intention allowing the applicant to be heard before dismissal.
Official decision · page 2 →
Rules beside this one
Article 15. Findings, Awards and Orders — regulations rarely stand alone, and the answer is often two sections away.
- § 10844Reasonable Attorney's Fee.21 decisions
- § 10845General Requirements for Petitions for Reconsideration, Removal, and Disqualification, and for Answers and Other Documents. [Repealed]
- § 10846Skeletal Petitions. [Renumbered]
- § 10848Supplemental Petitions. [Renumbered]1 decisions
- § 10852Insufficiency of Evidence. [Repealed]
- § 10856Allegations of Newly Discovered Evidence and Fraud. [Renumbered]2 decisions