How to Fill Out California WCAB Petition to Terminate Liability + FAQs

The California WCAB Petition to Terminate Liability is the formal pleading a defendant files with the Workers’ Compensation Appeals Board to end an ongoing obligation to pay temporary disability, vocational rehabilitation, or future medical treatment under a prior award, and it is governed by California Labor Code section 4651.1 and the WCAB Rules of Practice and Procedure. Filing this petition wrong, or filing it without the required medical proof, can extend a defendant’s liability for months and trigger penalties under Labor Code section 5814.

The Division of Workers’ Compensation processes more than 130,000 new applications each year through its Electronic Adjudication Management System (EAMS), and petitions to terminate are among the top five most-rejected pleadings because of proof-of-service errors and missing medical reports, according to DWC case-management data published on the DWC newsline.

• 📝 What the Petition to Terminate Liability is and which prior award it ends
• 📂 Every document, ID number, and medical report you must gather first
• 🖊️ A line-by-line walkthrough of every field, box, and signature block
• 📬 How to file by EAMS, JET File, mail, or in person at a district office
• ⚖️ The mistakes that get the petition denied and how to avoid each one

What the Petition to Terminate Liability Is and Who Must File It

A Petition to Terminate Liability is a post-award pleading. It asks a workers’ compensation judge to find that the defendant’s duty to keep paying a previously awarded benefit has ended because the medical or factual basis for that benefit no longer exists. The petition is most often used to end temporary disability indemnity, to end the obligation to provide further vocational services or a Supplemental Job Displacement Benefit voucher, or to end ongoing future medical treatment under Labor Code section 4600.

The party that files is almost always the defendant. That means the insurance carrier, the third-party administrator, or the self-insured employer. Defense counsel signs and files on the defendant’s behalf. An injured worker (the applicant) does not file this petition. The applicant files an objection or a Declaration of Readiness to Proceed if the worker disagrees with the petition.

The petition is authorized by Labor Code section 4651.1 and procedurally governed by 8 CCR section 10785, which sets out the rules for petitions filed after issuance of a Findings and Award. The Workers’ Compensation Appeals Board has continuing jurisdiction under Labor Code section 5803 for five years from the date of injury, which is what allows a defendant to come back and ask the Board to terminate liability after an award has issued.

The consequence of filing the petition late, in the wrong format, or without supporting medical evidence is direct. Liability continues. The defendant must keep paying. The carrier may also face a 25 percent penalty under Labor Code section 5814 for any benefit improperly stopped before the WCAB rules.

A common misconception is that a defendant can stop benefits the moment a doctor writes that the worker is permanent and stationary. That belief is wrong. Benefits continue until the WCAB issues an order on the petition, unless the carrier follows the strict notice rules in Labor Code section 4651.1 for advance notice of termination of temporary disability.

Before You Start: Documents and Information You Need

Filing a Petition to Terminate Liability without the right paperwork is the single biggest reason these petitions get denied. The Workers’ Compensation Appeals Board treats the supporting medical report as the spine of the petition, and treats proof of service on the applicant and lien claimants as a strict procedural requirement under 8 CCR section 10628.

Gather every item below before you open the form. Each item ties to a specific field on the petition, and a missing item means the WCAB will reject the filing or set the matter for a contested hearing.

• ADJ case number from EAMS, because every pleading must reference the assigned ADJ number or it cannot be uploaded.
• Date of injury, because the WCAB’s continuing jurisdiction under Labor Code section 5803 runs from this date.
• The prior Findings and Award, Stipulated Award, or Compromise and Release order, because the petition must identify the exact award being modified.
• The most recent Panel Qualified Medical Evaluator report, Agreed Medical Evaluator report, or treating physician report supporting termination, because the petition must attach medical proof.
• A complete benefits printout showing every payment of temporary disability, permanent disability advance, and medical-legal cost paid to date.
• Proof of the advance notice of termination required by Labor Code section 4651.1 (the EDD-approved benefit notice or DWC-1 termination notice).
• The names and current service addresses of every party, including the applicant, applicant’s attorney, lien claimants, and the Employment Development Department where EDD has filed a lien.
• The State Bar number and signature block of defense counsel, because pleadings filed by counsel must show the signing attorney’s bar number under WCAB Rule 10845.
• A completed Declaration of Readiness to Proceed if you want the matter set for hearing, because most district offices set petitions to terminate only after a DOR is filed.
• A current proof of service form, because the WCAB rejects any petition that lacks proof of service on every adverse party.

Where to Get the Form and How to Access It

California does not publish a single pre-printed Judicial Council form titled “Petition to Terminate Liability.” Instead, the petition is a pleading-format document that defense counsel drafts using the WCAB caption rules in 8 CCR section 10450. The pleading is then filed through EAMS or by paper at the district office that holds the case.

Most defense firms keep an internal template, but the Division of Workers’ Compensation also publishes blank pleading caption templates and guides on the DWC forms page. The closest official companion forms you will pull from that page are the Declaration of Readiness to Proceed and the Petition for Reconsideration, both of which share caption formatting with the Petition to Terminate.

If you file electronically, you upload the petition as a PDF document type “Petition” through the JET File channel or through the E-Form filing portal inside EAMS. If you file on paper, you bring or mail the petition to the district office that has venue over the ADJ case.

The form your office produces should always carry a footer with the firm’s name, the document title, and the date. Include the revision date of any internal template at the bottom of the last page so the WCAB clerk and opposing counsel can confirm they are reading the current version. The current best-practice template most defense firms use is dated 2024 or later and reflects the 2023 amendments to the WCAB Rules of Practice and Procedure.

A common edge case is a represented applicant who has changed counsel mid-case. Always pull the current attorney of record from EAMS the same day you file, because serving the wrong attorney voids the proof of service and forces a re-file.

Step-by-Step: How to Fill Out the Petition to Terminate Liability Line by Line

This section walks through every part of the petition in the order it appears on the page. Use one H3 per field. Fill the boxes from top to bottom and never skip ahead.

Caption Box 1: Court Identifier (Workers’ Compensation Appeals Board, State of California)

The caption identifies the tribunal. The first line of every WCAB pleading reads WORKERS’ COMPENSATION APPEALS BOARD in all caps and centered. The second line reads STATE OF CALIFORNIA. This is required by 8 CCR section 10450.

To answer this field, type the two lines exactly as shown above in 12-point Times New Roman, centered, bold optional. Do not add the district office name on this line.

For example, Maria Lopez, defense counsel for Acme Insurance, types “WORKERS’ COMPENSATION APPEALS BOARD” on line one and “STATE OF CALIFORNIA” on line two.

A nuance: the district office (Van Nuys, Oakland, Pomona, etc.) belongs in the body of the petition under “Venue,” not in the caption. New filers often put it on line three of the caption and the WCAB clerk returns the petition for correction.

The most common mistake on this field is using “SUPERIOR COURT OF CALIFORNIA” as the heading, which is the civil court caption. The consequence is automatic rejection at intake because the document is not recognized as a workers’ compensation pleading.

A misconception filers carry is that the caption must include the seal of the State of California. It must not. The caption is plain text only.

Caption Box 2: Case Title (Applicant v. Defendant)

The case title shows the parties. The applicant’s full legal name appears on the left, and the defendant’s name and insurance carrier appear on the right, separated by a comma list rather than a “v.” in most WCAB pleadings.

To answer this field, type the applicant’s first and last name in upper and lower case, then on the next line list each defendant employer and each defendant carrier. Use the exact names as they appear in EAMS.

For example, Carlos Rivera v. Pacific Foods, Inc., and Travelers Property Casualty appears as the case title for an injured grocery worker whose carrier is Travelers.

A nuance is the self-insured employer with a third-party administrator. List the employer as the defendant and add “administered by Sedgwick Claims Management Services” in parentheses so the judge knows who handles the file.

The most common mistake here is leaving the carrier off the title. The consequence is service confusion and a likely continuance because the judge cannot tell who is actually paying benefits.

A misconception is that the case title must include “Deceased” if the applicant has died. It does. Add “(Deceased)” after the applicant’s name and add the dependents as additional applicants.

Caption Box 3: ADJ Case Number

The ADJ number is the WCAB’s unique case identifier assigned by EAMS. It always begins with “ADJ” followed by 7 to 8 digits.

To answer this field, type the ADJ number in the upper right block of the caption directly under “Case No.” Use the format ADJ12345678 with no spaces.

For example, Aisha Brown’s claim is ADJ10987654, and her defense counsel types that number in the upper right corner of every page of the petition.

A nuance: a single injured worker may have several ADJ numbers for cumulative trauma plus specific injuries. Cross-list every ADJ number that the petition affects, with the lead case first and the others labeled “(consolidated).”

The most common mistake is using the old WCK or WCAOB legacy number instead of the ADJ number. The consequence is that EAMS will not accept the upload and JET File returns a rejection code.

A misconception is that the ADJ number changes after a Findings and Award. It does not. The ADJ number stays with the case for the life of the WCAB’s jurisdiction under Labor Code section 5803.

Caption Box 4: Document Title

The document title tells the clerk what type of pleading this is. It must read PETITION TO TERMINATE LIABILITY in all caps, centered, directly below the case title.

To answer this field, type the title in 12-point bold all caps. If you are terminating a specific benefit, add a parenthetical, such as PETITION TO TERMINATE LIABILITY (Temporary Disability Indemnity).

For example, Janet Chen’s defense counsel types PETITION TO TERMINATE LIABILITY (Future Medical Treatment) because the petition addresses only the open medical award.

A nuance is the combined petition. Some defendants file Petition to Terminate Liability and Petition for Credit. That is allowed under 8 CCR section 10510 but each petition needs its own heading inside the document.

The most common mistake is titling it Motion to Terminate. The WCAB does not use “Motion” for post-award pleadings; it uses “Petition.” The clerk may file it but the judge will treat the wrong title as a procedural defect.

A misconception is that the title must reference Labor Code section 4651.1 on the heading line. It does not. The statutory authority belongs in the first paragraph of the body.

Body Paragraph 1: Introduction and Statement of Authority

The introduction tells the judge what the petition seeks and why the WCAB has authority to grant it. It must cite the continuing jurisdiction under Labor Code section 5803 and the termination authority under Labor Code section 4651.1.

To answer this field, write a single short paragraph in plain English. Identify the petitioner, the relief sought, and the statutory authority.

For example, Marcus Adler, defense counsel, writes: “Defendant Pacific Foods, Inc., by and through its counsel, hereby petitions the Workers’ Compensation Appeals Board, pursuant to Labor Code sections 5803 and 4651.1, to terminate liability for temporary disability indemnity in the above-captioned matter.”

A nuance is the Compromise and Release case where there is no future medical award. If the C&R already closed medical, you do not need this petition; instead you file a Petition for Order Approving C&R. New attorneys sometimes confuse the two.

The most common mistake here is omitting the statutory authority. The consequence is that the judge cannot tell what jurisdiction supports the petition and may set a status conference simply to ask.

A misconception is that the introduction must recite every prior pleading. It must not. Keep this paragraph to two or three sentences.

Body Paragraph 2: Statement of Facts

The statement of facts tells the story of the case in chronological order. Cover the date of injury, the nature of the injury, the prior award, the benefits paid to date, and the change in condition that supports termination.

To answer this field, write three to five short paragraphs. Each paragraph covers one event. Use specific dates, dollar amounts, and report names.

For example, defense counsel writes: “Applicant sustained an admitted industrial injury on March 14, 2022. A Findings and Award issued on June 2, 2024, ordering temporary disability of $1,200 per week and future medical treatment. Applicant was found permanent and stationary by PQME Dr. Singh on January 10, 2026.”

A nuance is the cumulative trauma case with two dates of injury. State both dates and explain which one the petition affects.

The most common mistake is mixing argument into the facts. The consequence is that the applicant’s attorney objects on the ground that facts are disputed, and the judge sets the matter for trial.

A misconception is that the statement of facts must reference every medical report in the file. It does not. Reference only the reports that support termination and any report needed for context.

Body Paragraph 3: Grounds for Termination

The grounds paragraph is the legal argument. State the specific reason the defendant’s liability has ended. Common grounds include that the applicant has reached maximum medical improvement, that the worker has returned to regular duty, that the SJDB voucher has expired, or that the applicant has refused reasonable medical treatment under Labor Code section 4056.

To answer this field, write one or two paragraphs that tie the facts to the law. Cite the supporting medical report by author, date, and page.

For example, defense counsel writes: “Defendant’s liability for temporary disability has terminated because PQME Dr. Patel found Applicant permanent and stationary on February 4, 2026 (Report at 7), and Applicant returned to modified work on February 10, 2026.”

A nuance is the AOE/COE denial after the award. If new evidence shows the injury was not industrial, you cite Labor Code section 5803 good cause to reopen rather than simple termination.

The most common mistake is citing only the doctor’s report without quoting the operative finding. The consequence is that the judge cannot evaluate the basis without flipping through the exhibit.

A misconception is that the grounds paragraph must address every potential defense. It must address only the ground supporting termination.

Body Paragraph 4: Notice of Termination Compliance

This paragraph proves that the carrier sent the advance notice required by Labor Code section 4651.1. The statute and the DWC benefit notice regulations at 8 CCR section 9810 require timely written notice before stopping a periodic benefit.

To answer this field, identify the date of the notice, the benefit it covered, and the method of service.

For example, the carrier writes: “On February 12, 2026, Defendant served a Notice of Termination of Temporary Disability on Applicant and Applicant’s attorney by U.S. Mail, a copy of which is attached as Exhibit B.”

A nuance is the EDD lien. If EDD paid State Disability Insurance benefits, EDD must also receive the notice or its lien rights survive.

The most common mistake is dating the notice the same day the carrier stops paying. The consequence is a 25 percent penalty under Labor Code section 5814 because the worker had no advance warning.

A misconception is that an email to the applicant’s attorney satisfies the rule. It does not, unless the parties have a written e-service agreement on file under 8 CCR section 10625.

Body Paragraph 5: Prayer for Relief

The prayer is the closing request. It tells the judge exactly what order to issue.

To answer this field, write a numbered list of one to three short requests.

For example, defense counsel writes: “WHEREFORE, Defendant prays for an Order of the Workers’ Compensation Appeals Board: 1. Terminating liability for further temporary disability indemnity effective February 4, 2026; 2. Granting credit for any overpayment after that date; 3. For such other relief as the Board deems just.”

A nuance: do not ask for attorney’s fees in the prayer unless statute allows them. The WCAB rarely awards fees against an applicant.

The most common mistake is requesting termination “as of the date of this petition” rather than the date of the medical event. The consequence is the judge entering a later effective date than the carrier wanted, which lengthens liability.

A misconception is that the prayer must repeat the statement of facts. It must not. Keep it short and numbered.

Verification Block

The verification is a sworn statement under penalty of perjury that the contents of the petition are true. It is required for every petition filed under 8 CCR section 10450.

To answer this field, the claims examiner or the attorney signs a declaration that reads “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct” with date, city, and signature.

For example, Sandra Kim, claims examiner at Travelers, signs: “Executed on March 1, 2026, in Walnut Creek, California.”

A nuance is the corporate defendant. A claims examiner with personal knowledge of the file may sign. An outside attorney may also sign on information and belief, but the better practice is the examiner’s signature.

The most common mistake is omitting the city of execution. The consequence is the verification is technically defective and an applicant attorney may move to strike.

A misconception is that an electronic signature is not allowed. Electronic signatures are allowed under 8 CCR section 10205.7.

Attorney Signature Block

The signature block names defense counsel, the firm, the State Bar number, the address, the phone, and the email.

To answer this field, type the firm name on line one, the attorney’s name on line two with the bar number, and the contact information on the lines below.

For example, the block reads: “LAW OFFICES OF SMITH & JONES / By: Jane Smith, SBN 123456 / 100 Main Street, Suite 200 / San Francisco, CA 94105 / (415) 555-1212 / jsmith@smithjones.com.”

A nuance is the in-house carrier counsel. List the carrier address rather than a firm address.

The most common mistake is omitting the SBN. The consequence is rejection under WCAB Rule 10845.

A misconception is that the signature block can be on a separate page from the verification. It must be on the same page or on the page immediately following.

Proof of Service

The proof of service is a separate page that lists every party served, the address, and the method of service. It is governed by 8 CCR section 10628.

To answer this field, list each served party in a table with name, address, and method (mail, personal, e-service).

For example, the proof of service shows: “Carlos Rivera, 123 Oak St., Fresno, CA 93701 — by U.S. Mail; Law Offices of Garcia, applicant’s counsel — by e-service.”

A nuance is the lien claimant list. Every lien claimant of record must be served, even those whose liens look stale.

The most common mistake is forgetting EDD when EDD has filed a lien. The consequence is that EDD’s due-process rights are not satisfied and the order may be vacated.

A misconception is that the WCAB serves the petition. It does not. Service is the petitioner’s job.

Three Filled-Out Examples Using Real Scenarios

The three scenarios below show how three different defense teams complete the petition for three different benefits. Each table has eight rows covering the most important fields.

Scenario 1: Carlos Rivera, Termination of Temporary Disability After P&S

Carlos Rivera is a 38-year-old grocery worker. He hurt his back on March 14, 2022. PQME Dr. Patel found him permanent and stationary on February 4, 2026.

Form Section	What Defense Counsel Enters for Carlos
Caption Tribunal	WORKERS’ COMPENSATION APPEALS BOARD / STATE OF CALIFORNIA
Case Title	Carlos Rivera v. Pacific Foods, Inc., and Travelers Property Casualty
ADJ Case Number	ADJ10987654
Document Title	PETITION TO TERMINATE LIABILITY (Temporary Disability Indemnity)
Statement of Facts	Date of injury 03/14/2022; F&A issued 06/02/2024; TD paid through 02/04/2026
Grounds	PQME Dr. Patel report dated 02/04/2026 finds Applicant P&S
Notice Compliance	Notice of Termination of TD served 02/12/2026 by U.S. Mail
Prayer for Relief	Terminate TD effective 02/04/2026; grant credit for overpayment

Scenario 2: Aisha Brown, Termination of Future Medical Treatment

Aisha Brown is a 45-year-old hospital tech. Her 2019 award included future medical care. The AME found in 2026 that she no longer needs industrial treatment.

Form Section	What Defense Counsel Enters for Aisha
Caption Tribunal	WORKERS’ COMPENSATION APPEALS BOARD / STATE OF CALIFORNIA
Case Title	Aisha Brown v. Mercy Hospital and Zenith Insurance
ADJ Case Number	ADJ8765432
Document Title	PETITION TO TERMINATE LIABILITY (Future Medical Treatment)
Statement of Facts	Date of injury 07/22/2019; Stip Award 11/10/2020 included future medical
Grounds	AME Dr. Wong report 01/15/2026 finds no further industrial care needed
Notice Compliance	Notice to Applicant and counsel served 01/22/2026 by e-service per stipulation
Prayer for Relief	Terminate future medical effective 01/15/2026

Scenario 3: Marcus Adler, Termination of SJDB Voucher Liability

Marcus Adler is a 52-year-old warehouse supervisor. His employer offered modified work that met the SJDB return-to-work requirements under Labor Code section 4658.7.

Form Section	What Defense Counsel Enters for Marcus
Caption Tribunal	WORKERS’ COMPENSATION APPEALS BOARD / STATE OF CALIFORNIA
Case Title	Marcus Adler v. Western Logistics, Inc., and AmTrust North America
ADJ Case Number	ADJ12345678
Document Title	PETITION TO TERMINATE LIABILITY (Supplemental Job Displacement Benefit)
Statement of Facts	Date of injury 05/02/2024; modified work offered 03/01/2026 within 60 days of P&S
Grounds	Timely RU-94 offer of regular work meets section 4658.7(b)(1)
Notice Compliance	RU-94 served on Applicant 03/01/2026; copy attached as Exhibit C
Prayer for Relief	Find no SJDB voucher owed; terminate any SJDB liability

How to File the Completed Petition

California gives defendants four ways to file a Petition to Terminate Liability. Each channel has a different address, processing time, and proof of filing. Use the table inside this section as your decision tool, but read the prose under each channel for the rules.

Filing by EAMS JET File

JET File is the high-volume electronic channel for trading partners (most large carriers and defense firms). Documents are uploaded as PDF/A through the JET File system using XML metadata. There is no filing fee. Processing time is one to three business days. Your proof of filing is the JET File acknowledgment with the document control number, which you must save.

Filing by EAMS E-Form Filing

E-Form filing is the smaller-volume electronic channel for filers without a JET File contract. Upload through the EAMS Web Portal by registering an external user account. There is no filing fee. Processing time is two to five business days. Save the E-Form confirmation page as your proof of filing.

Filing by Mail

Mail to the district office with venue. Use certified mail with return receipt. There is no filing fee. Processing time is five to ten business days. Your proof of filing is the green card or USPS tracking record.

Filing in Person

Walk the petition into the district office filing window during business hours, typically 8:00 a.m. to 4:30 p.m. Bring two copies. The clerk stamps both, returns one to you, and keeps one. There is no filing fee. Your proof of filing is the conformed copy. Processing time is same day.

What Happens After You File

Once the WCAB receives the petition, the assigned judge reviews it for procedural sufficiency. If the petition is complete and the supporting medical evidence is unopposed, the judge may issue an order on the papers within 30 to 60 days. If the applicant files an objection, the judge sets the matter for a status conference under 8 CCR section 10759, and from there for trial if no agreement is reached.

The applicant has 15 days from the date of service to file an objection or a counter-Declaration of Readiness, per WCAB Rule 10510. Silence is not consent, but a clean record with no opposition makes a paper order more likely.

If the judge grants the petition, the order issues as a Findings and Order or an Amended Award. Either side may seek reconsideration within 25 days under Labor Code section 5903. If neither side seeks reconsideration, the order becomes final 25 days after issuance, and liability ends as ordered.

If the judge denies the petition, the carrier must keep paying. The carrier may file a new petition later when new medical evidence supports termination. There is no rule that limits how many petitions to terminate may be filed in the life of a case, but every petition must rest on a different factual ground or it will be denied as duplicative.

Mistakes to Avoid When Filling Out the Form

Field-level errors sink more petitions than substantive ones. The list below covers the ten most common mistakes seen by WCAB judges and the direct consequence of each.

• Filing without an attached PQME, AME, or treating physician report. Consequence: the judge denies the petition for lack of evidence.
• Listing the wrong ADJ number on the caption. Consequence: EAMS rejects the upload and the document never reaches the judge.
• Forgetting to serve EDD when EDD has filed a lien. Consequence: the order may be vacated for lack of due process.
• Stopping benefits before the WCAB rules. Consequence: a 25 percent penalty under Labor Code section 5814.
• Sending the section 4651.1 notice the same day payments stop. Consequence: the notice is untimely and the termination date slides.
• Mixing argument into the statement of facts. Consequence: the matter is set for trial because facts appear disputed.
• Omitting the verification or the city of execution. Consequence: the petition is technically defective and may be stricken.
• Using the wrong document type when uploading to EAMS. Consequence: the petition is filed in the wrong queue and the judge never sees it.
• Failing to list every defendant on the case title. Consequence: any unlisted defendant is not bound by the order.
• Citing the wrong subsection of Labor Code section 4658.7 for SJDB termination. Consequence: the judge denies the SJDB termination on legal grounds.

Do’s and Don’ts

The list below distills the rules into bright-line guidance.

• Do attach the supporting medical report as a clearly labeled exhibit, because the judge needs the proof in hand to rule on the papers.
• Do verify the petition under penalty of perjury, because 8 CCR section 10450 requires it.
• Do serve every party of record, including lien claimants and EDD, because incomplete service voids the order.
• Do file a Declaration of Readiness if the matter is ripe, because most judges set petitions to terminate only after a DOR.
• Do include the SBN in the signature block, because WCAB Rule 10845 requires it.
• Do save the JET File acknowledgment as a PDF, because that is your proof of timely filing.
• Don’t stop benefits before the WCAB issues an order, because doing so triggers penalties.
• Don’t paraphrase the doctor’s findings, because the judge will compare your quote to the report.
• Don’t mix two different ADJ cases on one petition without labeling consolidation, because the petition will be returned.
• Don’t forget the proof of service page, because no proof equals no filing.
• Don’t email the petition to the judge, because ex parte communication is forbidden under 8 CCR section 10750.
• Don’t file a duplicate petition on the same medical evidence, because the judge will deny it as duplicative.

Pros and Cons of Filing on Your Own vs. With Defense Counsel

Most carriers retain defense counsel for petitions to terminate. A few self-insured employers and small TPAs file pro se through an in-house claims supervisor. The list below weighs each approach.

• Pro: Filing with counsel ensures the petition meets WCAB Rule 10450 format and the verification is correct.
• Pro: Counsel knows how to draft the grounds paragraph in language the judge expects.
• Pro: Counsel can appear at the status conference if the applicant objects.
• Pro: Counsel handles service and JET File mechanics that frustrate non-attorney filers.
• Pro: Counsel can pivot to a Compromise and Release if the applicant counter-offers settlement.
• Con: Hiring counsel adds defense fees, often $1,500 to $5,000 to terminate liability.
• Con: Coordinating with outside counsel slows the filing date by one to two weeks.
• Con: Outside counsel may not have the same depth of file knowledge as an in-house adjuster.
• Con: Counsel may insist on a Declaration of Readiness that triggers a status conference even when a paper order is possible.
• Con: Counsel may overdraft the petition with excess argument that delays the judge’s review.

FAQs

Do I need to file a Declaration of Readiness with the Petition to Terminate Liability?

Yes. Most district offices set petitions to terminate only after the petitioner files a Declaration of Readiness, which signals the matter is ripe for a hearing or paper order under WCAB Rule 10759.

Can the applicant file a Petition to Terminate Liability?

No. Only the defendant has standing to terminate its own benefits liability. The applicant may file a Petition to Reopen for new and further disability instead.

Is there a filing fee for the petition?

No. California workers’ compensation pleadings carry no filing fee in any channel, including EAMS, JET File, mail, or in-person filing at a DWC district office.

Do I write the ADJ number with or without a hyphen?

No hyphen. EAMS recognizes the format ADJ12345678 with no spaces, no hyphens, and no slashes anywhere in the number.

Do I list the carrier in the case title even if the employer is self-insured?

No. A self-insured employer is named as the defendant. Add the third-party administrator’s name in parentheses for clarity but do not list a carrier that does not exist.

Do I attach the entire medical report or just the relevant pages?

Yes, attach the entire report. The judge needs the full document under 8 CCR section 10629 to weigh the medical opinion in context.

Can I terminate temporary disability before the worker is permanent and stationary?

Yes, but only on narrow grounds such as return to work, refusal of treatment, or expiration of the 104-week cap under Labor Code section 4656.

Do I need to serve EDD if it has not filed a lien?

No, but if EDD has paid State Disability Insurance benefits, it almost always files a lien. Confirm in EAMS before omitting EDD from the proof of service.

Is electronic signature accepted on the verification?

Yes. Electronic signatures comply with 8 CCR section 10205.7 when the signer’s name is preceded by “/s/” or applied through DocuSign or a similar platform.

Can I combine a Petition to Terminate Liability with a Petition for Credit?

Yes. The two pleadings are commonly combined in one document so long as each carries its own heading and prayer under 8 CCR section 10510.

Do I cite Labor Code section 4651.1 in the document title?

No. The statute belongs in the introduction paragraph, not the title. The title should read PETITION TO TERMINATE LIABILITY and a parenthetical naming the benefit.

How long does the WCAB take to rule on the petition?

Yes, there is a typical timeline. Unopposed petitions receive paper orders in 30 to 60 days, while contested petitions go to a status conference within 30 days and to trial within 90 to 180 days.