What Is 8 CCR §10940: Petition Filing and Service Rules?

Every petition and answer shall be verified upon oath in the manner required for verified pleadings in courts of record. A verification and a proof of service shall be attached to each petition and answer. Failure to file a proof of service shall constitute valid ground for dismissing the petition.

What does 8 CCR §10940 require?

It sets where a petition for reconsideration, removal or disqualification must be filed, and the verification, service and length rules that govern it and its answer.

This regulation covers any party in a workers' comp case, worker or employer, who is filing one of three petitions: asking the WCAB to reconsider a final decision, to remove an order before the case is final, or to disqualify a judge or arbitrator, and whoever answers one. It does not decide whether a petition has merit. This site's reconsideration-grounds card and the removal guide cover the grounds and deadlines for two of those three petition types. This regulation covers only the filing mechanics once you have decided to file.

Where do you file a petition for reconsideration, removal or disqualification?

In EAMS, the board's electronic case system, or with the district office that has venue under Labor Code section 5501.5.

Venue generally follows Labor Code section 5501.5: the county where the injured worker lives, the county where the injury happened, or the county where a represented worker's attorney keeps a principal place of business. This card explains that venue rule in full. A petition asking the board to reconsider its own decision after an earlier reconsideration goes straight to the board's office instead of a district office. Duplicate copies cannot be filed with more than one district office or with the board, and the board will not accept a filing sent directly to it by fax or e-mail unless it specifically allows that.

What has to be attached to the petition?

A verification signed under oath and a proof of service, or the board can dismiss the filing outright.

Every petition and every answer must be verified the same way a court pleading is verified. That means a sworn statement that what you filed is true and correct. A proof of service showing who received a copy and when has to be attached as well. Leaving out that proof of service is, by itself, a valid reason for the board to dismiss the petition. That is true no matter how strong the petition's own argument is.

How long can a petition or answer be?

A petition is capped at 25 pages and an answer at 10, not counting the verification, proof of service or exhibits, unless the board allows more.

The board can permit a longer filing on its own. A party can also ask for more room with a separate, sworn request that explains why the extra length is needed. That request does not count toward the page limit either. Few filings come close to 25 pages, so this cap matters most when a case has several disputed issues or a long record to summarize.

How does this connect to the reconsideration and removal deadlines?

This regulation governs where and how to file, while separate rules set when you must file and on what grounds.

Labor Code section 5903 gives an aggrieved party 20 days after service of a final order, decision or award to seek reconsideration, on one of five listed grounds. A petition for removal runs on its own 20-day clock from service of the order being challenged. Either deadline can stretch by a few extra calendar days when the order reached the party by a method other than in person, such as mail, fax or e-mail. If the board does not act on a reconsideration petition within 60 days of the judge sending the case over, the petition counts as denied and can be challenged the same way as a decision on the merits.

Does a different rule apply if your case involves an arbitrator?

Yes. A petition or answer touching an arbitrator's decision or disqualification carries its own service rule, apart from the venue and filing rules above.

Most California workers' comp cases go before a workers' compensation judge, not an arbitrator. Sometimes, though, a petition seeks to remove or reconsider an arbitrator's ruling, or to disqualify the arbitrator. When that happens, this regulation requires the petition and any answer to be served on the arbitrator and on every affected party, under a separate rule, 8 CCR 10610. That keeps everyone with a stake in the arbitration informed. The filing itself still follows the venue and verification rules already covered above.

How can Yazdchi Law help with a WCAB petition?

Call (661) 273-1780 or use the contact form for a free consultation. A missed proof of service or a petition filed with the wrong office can get a legitimate claim thrown out on a technicality, so it helps to have the paperwork checked before it goes in. Yazdchi Law P.C. reviews each workers' compensation matter on its own facts, from its office in Palmdale, before deciding whether to take it on.