Bifurcation of Threshold Issues

Ortega vs. Hinas Mercy Southwest Pharmacy, 2013 Cal. Wrk. Comp. P.D. Lexis 335 (2013 – panel decision)

The WCAB held that while 8 California Code of Regulations Section 10560 generally requires parties to try all issues in a single proceeding, defendant in the case showed good cause to bifurcate the statute of limitations issue because disposition of that issue would clarify the posture of all three of applicant’s cases and potentially allow defendant to avoid litigation expenses.

The court cited WCAB rule 10560 which provides the parties are expected to submit for decision all matters properly at issue at a single trial.  However, a workers’ compensation judge may order that the issues in a case be bifurcated and tried separately upon a showing of good cause.