§ 10260. Assignment of Consolidated Cases.

(a) Any request or petition to consolidate cases that are assigned to different workers' compensation judges in the same district office, or that have not been assigned but are venued at the same district office, shall be referred to the presiding workers' compensation judge of that office, whether the cases involve the same injured worker or multiple injured workers.

(b) Any request or petition to consolidate cases involving the same injured worker that are assigned to workers' compensation judges at different district offices, or that have not been assigned but are venued at different district offices, shall first be referred to the presiding judges of the district offices to which the cases are assigned. If the presiding judges are unable to agree on where the cases will be assigned for hearing, the conflict shall be resolved by the Chief Judge of the Division of Workers' Compensation or his or her designee upon referral by one of the presiding judges.

(c) Any request or petition to consolidate cases involving multiple injured workers that are assigned to workers' compensation judges at different district offices, or that have not been assigned but are venued at different district offices, shall be referred to the Chief Judge or his or her designee.

(d) In resolving any request or petition to consolidate cases under subdivision (b) or (c), the Chief Judge or his or her designee shall set the request or petition for a conference regarding the place of hearing. At or after the conference, the Chief Judge or his or her designee shall determine the place of hearing and may determine the workers' compensation judge to whom the cases will be assigned, giving consideration to the factors set forth in section 10589. In reaching any determination, the Chief Judge or his or her designee may assign a workers' compensation judge to hear any discovery motions and disputes relevant to discovery in the action and to report their findings and recommendations to the Chief Judge or his or her designee.

(e) Any party aggrieved by the determination of the Chief Judge or his or her designee may request proceedings pursuant to Labor Code section 5310, except that an assignment to a particular workers' compensation judge shall be challenged only in accordance with the provisions of sections 10452 and 10453.

HISTORY

1. New article 6 (section 10260) and section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 47).

2. Amendment of section and Note filed 9-23-2013; operative 10-23-2013. Submitted as a file and print by the Workers' Compensation Appeals Board pursuant to Government Code section 11351 (Register 2013, No. 39).

Note

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5300, 5301, 5303 and 5708, Labor Code.