THE SHORT ANSWER
Conferences are remote. Trials are in person. And the mandatory settlement conference — not the trial — is where most cases are actually decided, because § 5502(d)(3) closes discovery on that date. Whatever is not on the exhibit list at the MSC does not come in at trial.
On this page
What follows is every proceeding and whether it is remote, the ten-day objection window that waives everything if you miss it, why the MSC is the hour that matters most, what a trial actually looks like, and the appeal clocks — including the one that became permanent in July 2026.
Contents8 sections
The proceedings, and which are remote
| PROCEEDING · FORMAT | WHAT IT IS |
|---|---|
| Status conference — remote | Housekeeping — discovery status, scheduling |
| Mandatory Settlement Conference — remote | Where most cases end. And where discovery closes |
| Priority conference — remote | Expedited track, typically where the claim itself is denied |
| Rating MSC — remote | Where the dispute is the rating rather than the facts |
| Lien conference — remote | Provider liens |
| Expedited hearing — in person | Urgent issues — treatment, temporary disability |
| Trial — in person | Testimony and evidence |
| Lien trial — in person | — |
| Walk-through — in person | Settlement approval and other matters walked to a judge |
Getting there: the Declaration of Readiness
Either side files a Declaration of Readiness to Proceed saying the case is ready.
IF YOU ARE SERVED WITH A DOR, YOU HAVE 10 CALENDAR DAYS TO OBJECT — 8 CCR § 10744
A party who does not object “shall be deemed to have waived any and all objections to proceeding on the issues specified in the declaration, absent extraordinary circumstances.” Ten days, and the waiver is broad.
The MSC is then set 10 to 30 days after the DOR, and trial within 75 days of the DOR if the case does not resolve.
The mandatory settlement conference — where cases are decided
Most cases end here. But even when they do not, the MSC is the most consequential hour in the claim, for a reason that has nothing to do with settlement.
LABOR CODE § 5502(d)(3)
“Discovery shall close on the date of the mandatory settlement conference. Evidence not disclosed or obtained thereafter shall not be admissible unless the proponent of the evidence can demonstrate that it was not available or could not have been discovered by the exercise of due diligence prior to the settlement conference.”
Which means the MSC is where a missing supplemental report, an un-deposed evaluator, an unclaimed body part, or an unraised apportionmentApportionment Dividing permanent disability between industrial and non-industrial causes. It is to disability, not to findings on an image. defect becomes permanent. And it is why a case review is worth the most before this date and much less afterward.
Whatever is not on the exhibit list at the MSC does not come in at trial. The parties complete a joint Pretrial Conference Statement setting out the issues, the stipulations, each side’s proposed permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week. rating, every witness, and every exhibit — with author, date, and title for each document.
Trial
Before a workers’ compensation judgeWCJ Workers’ Compensation Judge. Decides your case. There is no jury.. No jury. The evidence is mostly documents — medical reports, medical-legal reports, wage records, personnel records — and those were all listed at the MSC.
LIVE TESTIMONY IS USUALLY SHORT
The injured worker, sometimes a coworker, sometimes a supervisor. Physicians rarely testify live; where their opinions are challenged it is usually by deposition, which also had to happen before the MSC.
YOU WILL TESTIFY IF THE FACTS ARE DISPUTED
The same rules apply as at a deposition: tell the truth, answer only what is asked, do not guess, do not minimize, and describe your limits accurately including the good days.
YOU ARE ENTITLED TO A CERTIFIED INTERPRETER
At no cost.
IT IS NOT DECIDED FROM THE BENCH
The case is submitted, and the judge issues Findings and Award — or Findings and Order — with a written opinion. Expect a wait.
After the decision
Petition for ReconsiderationPetition for Reconsideration Appeal from a final order. 20 days. A non-final order takes a Petition for Removal instead. — 20 days, and only from a final order. A non-final order is challenged by Petition for Removal instead, and filing the wrong one wastes the deadline.
And the rule became permanent on July 13, 2026. The law deems a petition denied unless the Appeals Board acts within 60 days. Since July 2, 2024 — under AB 171 (Stats. 2024, ch. 52) — that 60 days runs from the date a trial judge transmits the case to the Board. That version was written to sunset on July 1, 2026 and return the clock to the date of filing. SB 171 (Stats. 2026, ch. 83) deleted the sunset and repealed the filing-trigger version. The operative rule is 60 days from the date a trial judge transmits the case to the appeals board, with no expiration date.
Reed v. County of San Bernardino (significant panel decision, November 5, 2024), which held the clock began when the case appeared as “Sent to Recon” in EAMSEAMS Electronic Adjudication Management System. The Board’s case file system., was construing the trigger that is still operative. The sunset would have returned the trigger to the date of filing on July 1, 2026; the Legislature undid it twelve days later. After the Board: a Petition for Writ of Review to the Court of Appeal, within 45 days.
Practical notes
- Conferences are remote by video — but treat them as court — Somewhere quiet, on time, no driving.
- Trials are in person, and the offices differ enormously — Santa Ana runs up to $18 a day; Anaheim, Long Beach, and Pomona are free. Los Angeles has the strictest screening in the system.
- Bring your own copies — Of anything you want to refer to.
- And expect to wait — Calendars are crowded and cases are called in an order that will not be explained to you.
Frequently asked questions
Will I have to testify?
If the facts are disputed, yes — briefly. Most of the evidence is documentary.
Is there a jury?
No. A workers’ compensation judge decides.
Do I have to appear in person?
Conferences and settlement conferences are remote by video. Trials, expedited hearings, and walk-throughs are in person.
What is a mandatory settlement conference?
The proceeding where most cases resolve — and where discovery closes. Evidence not disclosed there is generally inadmissible at trial.
How long until I get a decision?
It is not decided from the bench. The judge takes the case under submission and issues written Findings and Award afterward.
I lost. What now?
A Petition for Reconsideration within 20 days, if the order was final. The Board then has 60 days from the date a trial judge transmits the case to it to act, or the petition is deemed denied (§ 5909, as amended by SB 171, Stats. 2026, ch. 83).
Sources
Labor Code § 4453§ 4658.7§ 4850§ 4903(f), (g), (h)§ 5402(c)§ 5502§ 5710§ 5903§ 5909 (transmittal trigger made permanent; sunset deleted) — AB 171 (Stats. 2024, ch. 52, §§ 27–28) and SB 171 (Stats. 2026, ch. 83)§§ 3212–3213.2SB 230 and AB 1125 (Ch. 404 and Ch. 291, Stats. 2025)Government Code §§ 21150, 211538 CCR § 10744§ 10759Reed v. County of San Bernardino (WCAB significant panel decision, November 5, 2024)§ 5502(d).
General information about California law, not legal advice about your case.
Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed
Law Offices of Solov & Teitell, APC · (213) 380-9310
Printed from https://www.solovteitell.com/workers-compensation/hearings-and-trial/ · Last reviewed