To help with the adjudication of claims in the wake of the COVID-19 pandemic, the WCAB issued an emergency en banc order today suspending the 20 day requirement for filing documentary trial exhibits.
The order, which will stay in effect until further notice, reads in part:
WCAB Rule 10620 (entitled “Filing Proposed Exhibits”) states in full: “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.
We will order suspension of the 20 day requirement pursuant to the authority to do so provided by the Rule.
In light of the state of emergency, there is good cause to permit receipt into evidence of documents not filed 20 days prior to trial. Therefore, we will also order suspension of the 20 day requirement in WCAB Rule 10670(b)(3). A workers’ compensation administrative law judge retains the authority to decline to receive documents in evidence as otherwise permitted by WCAB Rule 10670(b) and the law.