Declaration of readiness to proceed (DOR)

What a DOR is

Except when the WCAB sets a hearing on its own motion, no case goes on calendar until a party files and serves a Declaration of Readiness to Proceed on the Appeals Board's form (8 CCR 10742). The DOR names the issues and the type of hearing requested: a mandatory settlement conference, a status or priority conference, or an expedited hearing.

The rule and its deadlines

The filer must state under penalty of perjury that it made a genuine, good-faith effort to resolve the dispute, describe those efforts, and, unless a status or priority conference is requested, state that discovery is complete and the case is ready to proceed (8 CCR 10742(c)). A lien claimant cannot file a DOR until the employee's case is resolved or the employee chooses not to proceed. Any objection must be filed and served within 10 calendar days after service of the DOR, and a party who doesn't object waives objections to proceeding on the listed issues absent extraordinary circumstances (8 CCR 10744). An MSC is then held 10 to 30 days after the DOR is filed (Labor Code section 5502).

Why it matters to an applicant firm

Filing a DOR starts the end of discovery, since discovery closes at the MSC. An applicant firm should file one only when the medical record is complete. When the defense files one, the 10-day objection window (extended when the DOR is served by mail) is short and easy to lose in the mail queue.