California WCAB Pretrial Conference Statements: Issues, Exhibits, and Witnesses Before Trial

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What Is a WCAB Pretrial Conference Statement and Why Does It Matter?

At a mandatory settlement conference, the parties identify what is agreed and what remains for trial. Rule 10759 requires them to meet and confer beforehand and, if the dispute remains unresolved, complete a joint pretrial conference statement by the close of the conference. In California practice, this document is officially submitted on WCAB Form 24. The linked five-page form separates appearances and hearing disposition on page 1, admitted facts on page 2, disputed issues on page 3, the judge’s notes and orders on page 4, and exhibits and witnesses on the final sheet. Those sections perform different jobs; a document’s presence in the file does not automatically list it as a trial exhibit.

Under Cal. Lab. Code § 5502, the WCAB establishes specific procedural rules for mandatory settlement conferences and trial settings. The pretrial conference statement sits at the heart of this statutory framework. The judge assigned to the conference uses Form 24 to determine which facts are agreed upon—known as stipulations—and which specific legal and medical issues remain in dispute requiring a formal hearing.

For an injured worker, thorough preparation of this document is indispensable. The statement defines the record that will go before the trial judge. If an injured body part, a disputed benefit, or a key piece of evidence is omitted from the statement, whether that matter can be presented at trial depends on strict procedural rules and whether good cause can be demonstrated to expand the record later. Because late additions are not guaranteed, early and precise preparation is essential. To learn more about navigating the hearing process generally, read our detailed guide on how to prepare for a California workers’ comp hearing.

How to Identify Disputed Issues, Body Parts, and Benefits on Form 24

On page 2, compare the alternatives “employed” and “allegedly employed,” and “sustained injury” and “claims to have sustained injury,” before signing. The selected language must reflect what the parties actually admit. Record the injury date or period, occupation, employer, carrier and earnings accurately; do not turn a disputed fact into a stipulation merely to finish a box.

Disputed issues, on the other hand, represent every claim or defense that requires a judicial determination. Common disputed issues listed on Form 24 include:

• Injury arising out of and occurring in the course of employment (AOE/COE)
• The nature, extent, and percentage of permanent disability
• Need for future medical treatment under medical treatment guidelines
• Temporary disability indemnity periods, average weekly wage, and payment rates
• Apportionment of disability to non-industrial or pre-existing factors
• Coverage for specific claimed body parts, conditions, or secondary medical issues

Page 3 has separate entries for industrial injury, body parts, temporary disability periods, permanent-and-stationary date, permanent disability, apportionment and further treatment. Match each disputed entry to the claim and medical evidence. Identify an actual claimed condition accurately; do not invent a diagnosis to make the description sound more specific. An agreed body part and a disputed additional condition may require different entries.

Page 2 asks for compensation type, weekly rate and period, and separately asks whether all, some or no medical treatment has been furnished. It does not ask the parties to convert every medical invoice into an indemnity payment. Compare the entries with the payment history; Rule 10759(b) requires a paying defendant to have a current benefits printout available for inspection at the conference. For additional foundational information on statutory benefits, explore our overview of California workers’ compensation fundamentals.

Listing Exhibits and Witnesses: What the Form Requires

A central function of Form 24 is listing every document and witness that a party intends to introduce into evidence at trial. This section shapes the evidentiary universe that the trial judge will evaluate when deciding the case.

Exhibits listed on the pretrial conference statement commonly include:

• Primary treating physician reports, panel qualified medical evaluator (PQME) reports, and agreed medical evaluator (AME) findings
• Wage records, wage statements, and pay stubs relevant to earnings calculations
• Formal job descriptions outlining essential physical job functions and restrictions
• Disclosed surveillance reports or video evidence, where applicable
• Prior medical records relevant to apportionment defenses

When listing medical reports and documents, specificity is essential. Each exhibit should be identified by the doctor’s name, the specialty, the exact date of the report, and the specific issues addressed. Broad or ambiguous entries make it difficult for the judge and opposing counsel to verify the record.

Witnesses must also be explicitly named on Form 24. If you plan to testify regarding your injury, daily limitations, or work duties, your name must appear on the witness list. Treating physicians, vocational experts, or corroborating witnesses must likewise be listed. Section 5502(d)(3) generally closes discovery at the mandatory settlement conference and excludes undisclosed or later-obtained evidence unless the proponent shows it was unavailable or could not have been discovered with due diligence beforehand. A generic request for fairness is not a substitute for that showing. Keep the dated requests and responses explaining why particular evidence was unavailable; do not assume listing a broad category preserves every future report.

Unresolved Discovery and Your Next Steps Before the Conference

Form 24 does not have a separate box that automatically keeps discovery open. Identify the specific unfinished deposition, missing records or pending evaluation when raising trial-readiness concerns. Ask for the needed order and check that the judge’s disposition and reasons appear in the conference record; writing “discovery continuing” is not itself a continuance or an exception to disclosure rules.

Identifying incomplete discovery alerts the judge during the mandatory settlement conference to potential impediments to trial readiness. The judge may issue discovery orders, establish strict cut-off dates, or adjust hearing schedules to ensure a full and fair record before trial proceeds.

To prepare effectively for your mandatory settlement conference, review this practical preparation checklist:

1. Confirm that every injured body part, organ system, or condition is listed specifically on Form 24.
2. Cross-check all medical evaluation reports to ensure every relevant doctor’s report is listed as an exhibit.
3. Verify the accuracy of all benefit payment figures, including temporary disability dates and amounts.
4. List every potential witness expected to provide testimony at trial, including yourself.
5. Identify any pending discovery, such as unobtained medical records or incomplete depositions, and explain its necessity.
6. Carefully review proposed factual stipulations before signing, as agreeing to facts on Form 24 is difficult to retract.
7. Assemble complete, organized copies of all listed exhibits for submission at the hearing.

This guide offers general educational information regarding WCAB procedure and does not constitute formal legal advice. Procedural outcomes depend on the specific facts of your claim and applicable board rules at the time of your hearing.