What Is California Labor Code §5708: No Technical Rules of Evidence?

All hearings and investigations before the appeals board or a workers’ compensation judge are governed by this division and by the rules of practice and procedures adopted by the appeals board. In the conduct thereof they shall not be bound by the common law or statutory rules of evidence and procedure, but may make inquiry in the manner, through oral testimony and records, which is best calculated to ascertain the substantial rights of the parties and carry out justly the spirit and provisions of this division. All oral testimony, objections, and rulings shall be taken down in shorthand by a competent phonographic reporter.

What is Labor Code 5708?

Labor Code 5708 frees workers' comp hearings from the strict evidence and procedure rules a civil trial would require.

A civil trial follows strict rules about what evidence a judge may hear. Labor Code 5708 tells the WCAB, and the judges who hear its cases, that they do not have to follow those same rules. A judge can instead gather testimony and records in whatever way is fair to everyone and fits the goal of the workers' compensation system. This rule covers every hearing before the WCAB or one of its judges. It applies no matter what the dispute is about: an injury, medical treatment, wage loss, or any other contested part of a claim.

How does Labor Code 5708 work at a real hearing?

A WCAB judge can accept testimony and records that a civil court might not allow, then decide how much weight to give each one.

Because Labor Code 5708 sets aside the formal evidence rules, the judge has a lot of freedom over what to hear and read before deciding a disputed issue. The judge can take testimony, accept medical reports, and review other records in a flexible order. A civil trial would require formal objections and exclusion rules; this hearing does not. The statute sets one limit on that freedom: the judge's approach must still protect each side's basic rights and carry out the purpose of the workers' compensation system. In practice, this usually means a shorter, less formal hearing built around the medical and factual record the parties bring.

Does a relaxed evidence rule mean the WCAB can ignore fairness?

No. The same law that relaxes the evidence rules also requires the judge to protect each side's rights and keep an official record.

Labor Code 5708 relaxes the technical rules of evidence and procedure, but it does not remove the hearing's basic structure. The judge's inquiry must still serve both parties' rights, not just one side. The law also requires a competent shorthand reporter to take down all testimony, objections, and rulings. So every WCAB hearing still produces an official transcript, even without the formal evidence rules a civil court would use.

How does Labor Code 5708 connect to other WCAB hearing rules?

Section 5708 sets the general evidence and procedure rule. A few nearby sections cover specific steps it does not reach.

Labor Code 5708 sits inside the Labor Code chapter on hearings before the Board. A case usually starts with the Application for Adjudication of Claim, the filing that asks the Board to decide a disputed issue. Once a case is open, Labor Code 5710 sets separate rules for taking a deposition and paying the related fee, and Labor Code 5811 protects a party's right to an interpreter at the hearing. If a party disagrees with how a judge weighed the record, Labor Code 5900 sets out the grounds for asking the Board to reconsider.

What should I bring to a hearing if the formal evidence rules do not apply?

Bring organized, dated records. A clear record carries more weight than a technical objection under this relaxed standard.

Because the judge can consider a wide range of testimony and records, an organized file helps more here than it would in civil court. Useful records include medical reports, the claim form, any delay or denial letters, wage statements, and a written account of how the injury happened. Ask any treating doctor to explain the medical reasoning behind a conclusion, not just state the conclusion. A clear, reasoned record tends to carry more weight with the judge.

Get help preparing for a WCAB hearing

A review of your claim file can show what evidence actually matters once those formal rules are set aside.

If your case is headed to a hearing, how the record is built often matters more than it would in civil court. The firm reviews each workers' compensation matter individually and can look at your medical reports, claim letters, and other records to help you prepare. Call (661) 273-1780 or use the contact form to request a review. If your claim was already denied, see what to do after a workers' comp claim denial.