I want to . . .
The Division of Workers' Compensation (DWC) district offices of Sacramento and
San Diego started a project project for ex parte applications for expedited
hearings in January 2006. The goal of this project is to facilitate expedited
hearings taking place within the statutorily required period of 30 days from
the date the declaration of readiness to proceed (DOR) is filed to the date
a decision is made. Using an ex parte hearing process provides the parties with
an earlier opportunity to attempt to resolve the dispute as well as to mutually
identify a convenient expedited hearing date.
The matter will move from (1) notice about intent to have hearing, to (2) hearing
on suitability and date availability, then to (3) expedited hearing or (3.1)
other appropriate hearing disposition, such as a mandatory settlement conference
(MSC).
The steps to complete the process are as follows:
1. Moving party to obtain hearing date from calendar clerk for ex-parte hearing. This may be done by calling or stopping by either the Sacramento district office (916) 263-2735 or the San Diego district office (619) 767-2170. In order to obtain a date, the documents in item two below must be prepared and ready for lodging with the clerk. An active DWC file must be in existence before this process may be utilized. If a proper request for an ex parte hearing is made prior to 12:00 noon, the ex parte hearing shall be set for the third business day after the date of the request. If the request is made after 12:00 noon, ex parte hearing shall be set for the fourth business day after the date of the request. All ex parte hearings shall be set for 2:00 p.m. No more than 10 ex parte hearing may be set on a given date without approval of the presiding judge. The calendar clerk shall enter the scheduled ex parte hearing into the master calendar.
2. Moving party shall first call or visit the calendar clerk and obtain the available hearing date. Moving party shall then fill out these documents, serve them by fax, or certified mailing or hand delivery and bring to the calendar clerk for filing either before the hearing or on the date of the hearing, but prior to the calendar time:
DWC-4 - Declaration of
readiness to proceed to expedited hearing (trial)
Expedited hearing request and
cover sheet - Cover sheet for filings
In the event that an active DWC claim file does not exist, the moving party shall additionally prepare and file an application for adjudication of claim and a case number must be assigned.
3. The moving party shall provide notice to all interested parties of the date and time of appearance by voice, hard copy delivery or fax, at least three business days prior to ex parte hearing.
4. Notice, as referenced in paragraph three above, is defined as any of the following:
a. Speaking with an adult person at the telephone number of each of the interested parties and informing them of the case name, hearing date, hearing location, hearing time, and basis of request for expedited hearing; or
b. Providing all of the above information in writing to each of the interested parties by facsimile or certified mail or via return receipt email, to be received by said parties no later than three business days prior to the scheduled ex parte hearing date.
5. IMPORTANT: If the moving party is unable to provide notice to the other parties, or for other reasons cannot retain hearing date, the moving party shall immediately contact the calendar clerk to have the matter taken off calendar. This will avoid calendar congestion and allow other parties to schedule a hearing.
6. Ex parte hearings will be held at 2:00 p.m. Monday through Friday. Parties shall report to the presiding judge's courtroom for assignment to a judge in the office.
7. Opposition to the request for expedited hearing may be done as set forth within the provisions of Title 8, California Code of Regulations, § 10416, or alternatively by appearing at ex parte expedited hearing date and lodging said objection at that time. Objection may be filed in writing, orally by personal appearance, or orally by telephonic appearance, as more fully explained below.
8. Intent to appear by telephone - Any parties, other than the moving party, may appear by telephone for the ex parte hearing. Parties wishing to attend telephonically shall notify the moving party of the intent to appear telephonically and provide moving party with a working phone number that can be used for the court and counsel to contact the opposing party during the time of the hearing. The party appearing by telephone must be available during the applicable calendar, and (a) must eliminate all outside noise to the greatest extent possible, (b) speak directly into the telephone handset, and (c) not use the "hold" button. A party appearing by telephone must state his or her name for the record each time the party speaks, and must participate in the hearing with the same degree of courtesy and courtroom etiquette required for a personal appearance.
9. The hearing workers’ compensation administrative law judge (WCALJ) shall either grant the ex parte application and send the matter to the calendar clerk for a priority hearing date or move the matter to non-expedited status and set it for a mandatory settlement conference or other appropriate hearing disposition. If the WCALJ believes the matter should be taken off-calendar, the presiding judge shall be consulted prior to taking it off calendar and the matter may be taken off calendar with presiding judge approval. The moving party shall immediately (no later than 4:30 p.m. of the date of the hearing) take the order from the WCALJ to the calendar clerk for assignment of an appropriate hearing date.
10. Upon completion of the hearing and assignment of court date, the moving
party shall notify all interested parties of the disposition by mailing a copy
of the court order to the parties within one (1) business day of the hearing.
Note: Written comments regarding the project program may be submitted to the
presiding judge by leaving them with the presiding judge's legal support typist.
Application process and ex parte hearings procedure
Expedited hearing request and
cover sheet 
February 2006