WCAB: petition to disqualify WCJ (10 days after service of notice of hearing)
10 days after service of notice of hearing (when the assigned wcj and the grounds are known), under 8 CCR 10960.
Rule text
If the workers' compensation judge assigned to hear the matter and the grounds for disqualification are known, the petition for disqualification shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known.
Calculate this deadline
- Trigger (Service of notice of hearing (when the assigned WCJ and the grounds are known)): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
8 CCR 10960
If the workers' compensation judge assigned to hear the matter and the grounds for disqualification are known, the petition for disqualification shall be filed not more than 10 days after service of notice of hearing or after grounds for disqualification are known.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
- Alternative trigger: 10 days after grounds become known (wcab_petition_disqualification_after_grounds_known). The text does not say 'whichever is later'; use the earlier computed date if both apply (AMBIGUITY). Separate from the peremptory automatic reassignment under 8 CCR 10788.
- 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
Service of notice of hearing (when the assigned WCJ and the grounds are known) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Service of notice of hearing (when the assigned WCJ and the grounds are known)): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Alternative trigger: 10 days after grounds become known (wcab_petition_disqualification_after_grounds_known). The text does not say 'whichever is later'; use the earlier computed date if both apply (AMBIGUITY). Separate from the peremptory automatic reassignment under 8 CCR 10788.
Related deadlines
- WCAB: petition to disqualify WCJ (10 days after grounds become known) (10 days after)
- WCAB: petition for automatic reassignment of trial judge (5 days after receipt of mailed notice of trial) (5 days after)
- CUIAB: application to disqualify Board member (10 days after service of board appeal or notice of removal) (10 days after)
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.