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Posted: April 4, 2013

§ 10608.5. Service by Parties and Lien Claimants of Reports and Records on Other Parties and Lien Claimants
  • (a)
    In order to promote cost-effective and efficient discovery and information exchange, document service between parties and lien claimants may be effected by CD-ROM, DVD, or other electronic media including e-mail attachments. Production in PDF/A format shall be the preferred form of service. Indexing of documents and Bates-stamping of pages shall also be preferred.
  • (b)
    Nothing in this section shall preclude: (1) the Workers’ Compensation Appeals Board or the Administrative Director from adopting any regulation that would permit service or receipt of service to be effected by alternative technologies; or (2) the Workers’ Compensation Appeals Board from ordering or allowing an alternative form of service, including service in paper form, in any particular case.
  • (c)
    For purposes of this section, the terms: (1) “serve” and “service” shall include any requirement to produce, allow inspection of, or allow access to any report, record, or other document; and (2) “party” and “lien claimant” shall include any attorney, representative, or agent (including a copy service) of a party or lien claimant.
    • (d)
      (1) This section shall apply only to reports, records, and other documents: (A) served in response to a discovery request, subpoena duces tecum, or order; (B) served in accordance with the requirements of sections 10601, 10603, 10605, 10607, 10608, 10615, 10616, 10618, and 10626; or (C) served in accordance with other orders or rules relating to discovery and the exchange of information.
    • (2) This section shall not apply to the filing of any report, record, or other document with the Workers’ Compensation Appeals Board.
  • (e)
    This section shall not preclude the Workers’ Compensation Appeals Board, upon a showing of good cause, from ordering a party or lien claimant to either allow the on-site inspection of its records or to produce those records at hearing.
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Art. XIV, § 4, Cal. Const.; Section 5307.9, Labor Code; Section 250, Evidence Code

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