WCAB: petition for automatic reassignment of trial judge (5 days after receipt of mailed notice of trial)

5 days after receipt of the notice of trial or expedited hearing served by mail, under 8 CCR 10788(c).

Rule text

(c) If the parties are first notified of the identity of the workers' compensation judge assigned for trial or expedited hearing by a notice of trial served by mail, to exercise the right to automatic reassignment a party must file a petition requesting reassignment not more than 5 days after receipt of the notice of trial or expedited hearing.

8 CCR 10788(c), official source

Calculate this deadline

Deadline
Thursday, November 12, 2026
  1. Trigger (RECEIPT of the notice of trial or expedited hearing served by mail): Friday, November 6, 2026.
  2. Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
  3. That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
8 CCR 10788(c)
(c) If the parties are first notified of the identity of the workers' compensation judge assigned for trial or expedited hearing by a notice of trial served by mail, to exercise the right to automatic reassignment a party must file a petition requesting reassignment not more than 5 days after receipt of the notice of trial or expedited hearing.
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Runs from RECEIPT, not service, so no 10605 extension is added. If the judge is first identified at a conference or at trial, the motion must be made orally and immediately (10788(b)); no petition after the first witness is sworn (10788(a)).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

RECEIPT of the notice of trial or expedited hearing served by mail on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (RECEIPT of the notice of trial or expedited hearing served by mail): Monday, March 15, 2027.
  2. Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).

Notes

Runs from RECEIPT, not service, so no 10605 extension is added. If the judge is first identified at a conference or at trial, the motion must be made orally and immediately (10788(b)); no petition after the first witness is sworn (10788(a)).

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.