Section 10360 - Testimony of Judicial or Quasi-Judicial Officers(a) No judicial or quasi-judicial officer of the Workers' Compensation Appeals Board or of the Division of Workers' Compensation may be subpoenaed or ordered to testify regarding either: (1) The reasons for or basis of any decision or ruling they have made; or(2) Their opinion regarding any statements, conduct or events occurring in proceedings before them, except:(A) The judicial or quasi-judicial officer may be ordered to testify where their testimony is necessary on an issue of disqualification under Labor Code section 5311 and Code of Civil Procedure section 641.(B) The judicial or quasi-judicial officer may be ordered to testify where their testimony is necessary on an issue of an alleged ex parte communication.(C) The judicial or quasi-judicial officer may be subpoenaed or ordered to testify as a percipient witness to statements, conduct or events that occurred in the proceedings before them, to the same extent as any other percipient witness.(b) The testimony of a judicial or quasi-judicial officer shall be given only on the terms and conditions ordered by the presiding workers' compensation judge of the district office having venue, or by the Appeals Board, after the filing of a "Petition to Compel the Testimony of a Judicial or Quasi-Judicial Officer." (1) The petition to compel shall set forth with specificity the facts (or alleged facts) and law that support the petition.(2) The petition to compel shall be verified under penalty of perjury.(3) The petition to compel shall be served on all other parties, on all lien claimants whose liens are presently pending in issue in the underlying claim to which the petition relates and on the Legal Unit of the Division of Workers' Compensation (DWC-Legal Unit), together with a proof of service.(4) A petition to compel that does not meet all of the foregoing requirements may be summarily dismissed or denied.(c) The other parties, lien claimants, and the DWC-Legal Unit shall have 15 days within which to file any objection to the petition to compel.(d) The petition to compel shall be determined:(1) By the presiding workers' compensation judge of the district office having venue; or(2) By a deputy commissioner of the Appeals Board, if the petition to compel relates to the presiding workers' compensation judge of the district office having venue; or(3) By the Appeals Board, if the petition to compel relates to a petition for reconsideration, removal or disqualification.(e) The petition may be determined on the pleadings submitted or, in the discretion of the presiding workers' compensation judge, the deputy commissioner or the Appeals Board, the petition may be set for a hearing. In determining whether to grant the petition to compel, the presiding workers' compensation judge, the deputy commissioner or the Appeals Board may consider, among other things: (1) Whether the testimony of the judicial or quasi-judicial officer is reasonably necessary, taking into consideration: (A) Whether statements in the judicial or quasi-judicial officer's opinion on decision, report on reconsideration, removal or disqualification, or other similar statements are sufficient to resolve any allegation by a party; and(B) If not, whether the judicial or quasi-judicial officer's factual statements may be fairly provided by an affidavit or declaration under penalty of perjury.(2) Whether the testimony of the judicial or quasi-judicial officer under the "percipient witness" exception would be cumulative to the testimony of other percipient witnesses.(f) For purposes of this rule, the term "judicial or quasi-judicial officer of the Workers' Compensation Appeals Board or of the Division of Workers' Compensation" shall include, but shall not be limited to:(2) Any deputy commissioner;(3) Any presiding workers' compensation judge or workers' compensation judge;(4) Any pro tempore workers' compensation judge;(5) Any special master appointed by the Workers' Compensation Appeals Board;(6) The Administrative Director and the Administrative Director's designee;(7) Any workers' compensation consultant of the Retraining and Return to Work Unit; and(8) Any arbitrator or mediator; and(9) The Director of Industrial Relations and the Director of Industrial Relations' designee.(g) For the purposes of this rule, the term "testify" shall include testimony in either oral or written form (e.g., affidavits, declarations or interrogatories) and shall include all testimony, whether given at a deposition or a hearing.(h) This rule shall apply solely to testimony sought in connection with a matter within the jurisdiction of the Workers' Compensation Appeals Board, and it shall not apply to testimony sought pursuant to the authority of any other forum.Cal. Code Regs. Tit. 8, § 10360
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. Repealer of article 3 heading, renumbering of former section 10360 to section 10380 and renumbering of former section 10593 to section 10360, 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). Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5300, 5301, 5309, 5311, 5700, 5701 and 5708, Labor Code; Section 641, Code of Civil Procedure; and Section 703.5, Evidence 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. Repealer of article 3 heading, renumbering of former section 10360 to section 10380 and renumbering of former section 10593 to section 10360, 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).