What Is 8 CCR §10750: Notice of Hearing?

Notice of hearing shall be given at least 10 days before the date of hearing, except where: (1) Notice is waived; or (2) A different time is expressly agreed to by all parties and ordered or approved by the Workers' Compensation Appeals Board.

What is 8 CCR §10750?

Section 10750 is the Title 8 rule that sets the minimum notice you must get before any WCAB hearing, and what that notice has to tell you.

The Workers' Compensation Appeals Board, or WCAB, is the court that decides disputed California workers' comp claims. Once a hearing is set, whether it is a status conference, a priority conference, an expedited hearing, or a trial, this regulation controls how much warning you are owed and what the notice must say. It applies whether you have an attorney of record or are representing yourself.

How much notice must you get, and what must it say?

At least 10 days before the hearing date. The notice must state the time, the location, and whether the hearing is electronic.

The notice must go to you, every other party, and each side's attorney or non-attorney representative of record. It has to give the hearing's time and location. It must also say plainly whether the hearing will be conducted electronically and, if so, how to access it. This applies to every hearing scheduled in your case, whether or not that particular hearing affects every party.

Are there exceptions to the 10-day rule?

Only two: you waive notice, or every party agrees to a different time and the WCAB approves it.

Outside those two situations, the 10-day minimum applies no matter which type of hearing is scheduled. The WCAB may also designate a party, or that party's attorney or agent, to serve the notice instead of serving it directly. If that happens, the same content and timing rules still apply.

Is this the same as the rule on how soon a hearing gets set?

No. A different rule controls how many days after you file your Declaration of Readiness to Proceed the hearing itself can be scheduled.

A Declaration of Readiness to Proceed is the form that asks the WCAB to set your case for a hearing. Labor Code section 5502 says most hearings must be held no sooner than 10 days and no later than 60 days after that form is filed, with its own separate 10-to-30-day window for a mandatory settlement conference. This card covers that scheduling rule. Section 10750's 10 days is different. It is how much advance notice you get once a specific hearing date is already picked, not how soon that date can land after your filing.

What Labor Code section requires this notice?

Section 10750 carries out the Labor Code's own requirement that every party be served notice of a hearing's time and place.

Labor Code section 5504 requires that notice of the time and place of a hearing be served on the applicant and every adverse party. Section 10750 is the WCAB's own regulation spelling out exactly how much notice that has to be and what it must include.

What kind of hearing does this notice rule cover?

Any WCAB hearing: a status conference, a priority conference, an expedited hearing, a mandatory settlement conference, or a trial.

Each type of hearing serves a different purpose in your case. A status conference is a short check-in. A priority conference moves a coverage dispute ahead of the line. An expedited hearing decides an urgent issue, often medical treatment or compensation, while the rest of the claim stays open. Section 10750's 10-day notice applies to each of them the same way.

What should you do if a hearing notice seems wrong or late?

Check the notice against the 10-day minimum, and confirm it states the time, the location, and whether the hearing is electronic. If you received less notice than the rule requires, and you did not waive it or agree to a shorter time, say so in writing and raise it with the WCAB. Call (661) 273-1780 or use the contact form if you have a hearing coming up and are not sure what it is for, or whether you were properly notified. Yazdchi Law P.C. reviews each workers' compensation matter on its own facts before deciding whether to take it on, from its office in Palmdale. California workers' comp attorney fees are usually 15% to 18% of the recovery, and Labor Code section 4906 requires a workers' compensation judge to approve the fee first. See the attorney cost guide for how that process works.