The Blackletter › Chapter 21 · Reconsideration, Removal & Judicial Review
§ 21.9 Consolidation; Vacating an OSA
● settled · en banc; regulation as quoted · quotations verified 8/24/26 · cite: Blackletter § 21.9, p. 69 (2026) ·
“Consolidation may be ordered by the Workers’ Compensation Appeals Board (‘WCAB’) on its own motion[.]”
(Cal. Code Regs., tit. 8, § 10396(b), as quoted in Gaines, supra, at p. 15; see § 10396(a) [common issues of fact and law; avoiding inconsistent orders].)
“[W]here no formal record exists, upon receipt of a petition for removal or reconsideration of an OSA, and consistent with WCAB Rules 10955 and 10961, the WCJ may vacate the OSA and set the matter for an evidentiary hearing.”
(Gaines, supra, at p. 16, citing Cal. Code Regs., tit. 8, §§ 10955(d), 10961.)
Cross-references: § 1.1 (the weight of en banc decisions).