What Is 8 CCR §10752: Appearances Required?

Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. Neither a lien conference nor a lien trial is a hearing pertaining to the case in chief.

What Is 8 CCR §10752?

It is the rule that decides who has to show up to a California workers' comp hearing, and who can go in your place.

This rule applies to you as the injured worker, called the applicant, and to the defendant, usually the employer's insurance company. It covers hearings on your own injury claim. It does not treat a lien conference or a lien trial the same way, since those hearings are about a provider's unpaid bill, not your claim itself. A separate guide on this site covers lien conferences in full.

Do you personally have to show up to your hearing?

Yes, unless an attorney or non-attorney representative appears for you instead.

Subdivision (a) covers any hearing on your own case, such as a mandatory settlement conference, a status conference tied to your claim, or a trial. You must appear, or your attorney or non-attorney representative must appear for you. Most represented workers rely on their attorney to handle this. If you do not have a lawyer, you are expected to attend yourself. One exception stands out. A lien conference or a lien trial does not count as a hearing on the case in chief, so this specific duty does not reach it. The WCAB can still order you to a particular hearing on its own, including a lien conference, so always read your own hearing notice first.

Does someone need authority to settle at the hearing?

Yes. Each required party must have a person there, or ready by phone, who can actually discuss settlement.

Subdivision (b) applies this to every required party at every hearing it covers. Subdivision (c) adds a specific rule for a lien claimant. A lien claimant does not have to appear in person at a mandatory settlement conference or a trial in your case. That lien claimant still must have someone immediately available with authority to settle the bill. In practice, that usually means being reachable by phone during the hearing.

Can the WCAB excuse or require an appearance beyond this rule?

Yes, in both directions. The WCAB can excuse a required appearance, or compel one this rule would not otherwise require.

Subdivision (d) gives the WCAB room on both sides of this rule. An appearance this rule requires can still be excused by the WCAB. An appearance this rule does not require can still be demanded. That can happen through a formal notice to appear or produce under a separate rule, Title 8 section 10642, or simply through a direct order from the WCAB. A judge might use this, for example, to require a specific person to appear and answer questions about a disputed fact.

What happens if you miss a required appearance?

A workers' compensation judge can issue a formal notice of intention before taking further action.

Subdivision (e) lets a judge issue a notice of intention under Title 8 section 10832 for failing to comply with this rule. That notice gives the other side, or you, a set window to object before anything final happens. Under section 10832, the judge can then act on the notice, set the matter for a hearing instead, or drop the issue if the objection has merit. For a lien claimant, a real-world result can be a notice of intention to dismiss the lien. For an applicant or defendant, it can mean sanctions or a less favorable ruling on the issue at hand.

How does 8 CCR 10752 connect to other hearing rules?

It carries out the Labor Code's own rule on who may appear, inside the hearing schedule other statutes set.

Labor Code section 5700 is the broader source for this idea. It says either party may be present at a hearing in person, by attorney, or by any other agent. Section 10752 narrows that general rule into a specific duty for your own case. Labor Code section 5502 sets the clock these hearings run on, including the priority and expedited calendars that can bring a hearing date sooner. That statute decides when your hearing happens. Section 10752 decides who has to be there once it is set.

Questions about an upcoming workers' comp hearing?

Yazdchi Law P.C. reviews hearing notices and appearance questions for injured workers from its office in Palmdale.

A hearing notice can be confusing on its own, especially if it is not clear whether you need to attend in person or whether your case is even ready for one. Call (661) 273-1780 or use the contact form for a free consultation about an upcoming hearing or conference. The firm reviews each matter on its own facts before deciding whether to take it on. Our guide on what happens at a lien conference and our guide on what a status conference covers both walk through how this appearance rule plays out at those specific hearings.