Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 17. Arbitration
The regulation, as printed
Any dispute involving an arbitrator's fee or cost shall be resolved by the presiding workers' compensation judge of the district office having venue. Any request to resolve a dispute about arbitrator fees or costs must be accompanied by any written agreement pertaining to arbitrator fees or costs and a statement that shall include the nature of the dispute and an itemization of the hours spent in actual arbitration hearing, in preparation for arbitration, and in preparation of the decision. The statement shall also include an itemization of the verifiable costs including use of facility, reporters and transcript preparation. An arbitrator's fee shall not exceed a reasonable amount. In establishing a reasonable fee, the presiding workers' compensation judge shall consider: (a) Responsibility assumed by the arbitrator; (b) Experience of the arbitrator; (c) Number and complexity of the issues being arbitrated; (d) Time involved; and (e) Expeditiousness and completeness of issue resolution. The presiding workers' compensation judge of each district office shall maintain statistics on all arbitration fees awarded pursuant to Labor Code section 5273(c) including the amount and rationale for the award pursuant to (a) through (e) above. Arbitration costs will be allowed in a reasonable amount pursuant to Labor Code section 5273(a).
Official text at dir.ca.gov →
Authority and history
Note: Authority: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5271, 5273, 5275, 5276 and 5277, Labor Code.
1. Renumbering of former section 10999 to section 10920, including amendment of 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).
No released decision named this rule
Not a comment on the rule — most of Title 8 never reaches a published panel decision, because most of it is followed without argument. The text above is the state's own.
Rules beside this one
Article 17. Arbitration — regulations rarely stand alone, and the answer is often two sections away.
- § 10900Mandatory Arbitration.1 decisions
- § 10905Voluntary Arbitration.
- § 10910Selection of Arbitrator.
- § 10912Disqualification of Arbitrator.
- § 10914Record of Arbitration Proceeding.12 decisions