Guides / DOR & PTCS
Guide · 5 min read

Declaration of Readiness (DOR) and Pre-Trial Conference Statement (PTCS): The WCAB Path to Trial

How a California comp case gets to trial: the Declaration of Readiness and its 10-day objection window, the mandatory settlement conference 10–30 days later, and the Pre-Trial Conference Statement — issues, exhibits, witnesses, and each side’s proposed PD rating — with discovery closing at the MSC.

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Two forms bracket every contested workers’ comp case that reaches a judge. The Declaration of Readiness to Proceed (DOR) is how a case gets on calendar at all; the Pre-Trial Conference Statement (PTCS) is the snapshot of issues, exhibits, and witnesses the trial will run on. Between them sits the mandatory settlement conference — and the moment discovery closes.

The DOR: nothing goes on calendar without one

Except when the Appeals Board sets a hearing on its own motion, “no matter shall be placed on calendar unless one of the parties has filed and served a Declaration of Readiness to Proceed” (8 CCR §10742(a)) — the DWC-CA form 10250.1, served on every party.

It is signed under penalty of perjury. The filer must state that they made “a genuine, good faith effort to resolve the dispute” and describe those efforts specifically — and, unless the request is for a status or priority conference, that discovery is complete and they are ready to proceed on the listed issues (§10742(c)). A represented party’s DOR is signed by the attorney or representative (§10742(d)). A lien claimant may file one only after the underlying case is resolved or the worker chooses not to proceed (§10742(b)). A DOR that doesn’t comply can be ordered off calendar, with sanctions and fees under Labor Code §5813 (§10742(e)).

The clocks a DOR starts

Under Labor Code §5502, a mandatory settlement conference is held “not less than 10 days, and not more than 30 days, after the filing of a declaration of readiness to proceed,” and if the dispute isn’t resolved, the regular hearing is held within 75 days of the DOR (§5502(d)(1)). A separate priority calendar handles expedited issues — among them temporary disability and a medical treatment appointment or medical-legal examination — with a decision due within 30 days of the DOR (§5502(b)).

The other side has 10 calendar days after service to object, under penalty of perjury, stating specifically why the case shouldn’t be set (8 CCR §10744(a)). Silence has a cost: a party who received the DOR and didn’t object is deemed to have waived all objections to proceeding on the issues it lists, absent extraordinary circumstances (§10744(d)).

The mandatory settlement conference

The parties must meet and confer before the conference, and a defendant that has paid benefits must bring a current printout of benefits paid (8 CCR §10759(b)). The judge can approve a settlement on the spot, adjourn briefly to finish a specific resolution, or — on good cause — continue the conference or take the case off calendar, with the reasons noted in the minutes (§10759(a)).

The PTCS: the record you will try

If the case doesn’t settle, the parties complete a joint Pre-Trial Conference Statement by the close of the conference, “setting forth the issues and stipulations for trial, witnesses, and a list of exhibits” (§10759(b)). The statute adds what the statement must carry:

“If the claim is not resolved at the mandatory settlement conference, the parties shall file a pretrial conference statement noting the specific issues in dispute, each party’s proposed permanent disability rating, and listing the exhibits, and disclosing witnesses. Discovery shall close on the date of the mandatory settlement conference.” — Labor Code §5502(d)(3). Evidence not disclosed or obtained by then is inadmissible unless its proponent shows it couldn’t have been found with due diligence before the conference.

Exhibits are listed one by one, each identified by author or provider, date, and title or type; a report or record with a different author or date is a separate exhibit. The exceptions: designated excerpts of physician, hospital, or dispensary records; designated excerpts of personnel, wage, and business records; and EOB letters may each be listed as a single exhibit (§10759(c)).

Your proposed rating goes in it

“Each party’s proposed permanent disability rating” is a statutory element of the PTCS — so the rating needs to be in hand, and checkable, before the conference ends. The calculator produces it as a DEU-style rating string with every step shown; the decoder checks the other side’s string against the PDRS tables; and the string guide explains each segment for the stipulations box. For what happens at trial itself, see how WCAB hearings work; every form in the sequence is on the forms page. Descriptive summary of the statute and regulations; not legal advice.

FAQ

How long do I have to object to a Declaration of Readiness to Proceed?
10 calendar days after service of the DOR, under penalty of perjury, stating the specific reason the case should not be set (8 CCR §10744(a)). A party who received the DOR and didn’t object is deemed to have waived its objections to proceeding on the listed issues, absent extraordinary circumstances (§10744(d)).
When is the mandatory settlement conference held?
Not less than 10 days and not more than 30 days after the DOR is filed; if the dispute isn’t resolved, the regular hearing is held within 75 days of the DOR (Labor Code §5502(d)(1)).
What goes in the Pre-Trial Conference Statement?
The issues and stipulations for trial, witnesses, and a list of exhibits (8 CCR §10759(b)) — and by statute, the specific issues in dispute and each party’s proposed permanent disability rating (Labor Code §5502(d)(3)).
Can new evidence come in after the MSC?
Discovery closes on the date of the mandatory settlement conference. Evidence not disclosed or obtained by then is not admissible unless its proponent shows it was unavailable or couldn’t have been discovered with due diligence before the conference (Labor Code §5502(d)(3)).
Who signs the DOR?
If the party is represented, the attorney or non-attorney representative executes it (8 CCR §10742(d)). It states under penalty of perjury that the filer made a genuine, good-faith effort to resolve the dispute — and, unless a status or priority conference is requested, that discovery is complete (§10742(c)).