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?

When a California workers' compensation claim cannot be settled informally, the case moves toward a mandatory settlement conference and potential trial before the Workers' Compensation Appeals Board. Before that hearing takes place, both sides must complete a crucial filing known as the pretrial conference statement. In California practice, this document is officially submitted on WCAB Form 24. It is not a trial brief, nor is it a final legal argument. Instead, it serves as an organized, formal snapshot of the entire case record at a critical moment in the proceedings.

Under Labor Code section 5502, the Workers' Compensation Appeals Board 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

WCAB Form 24 requires the parties to clearly delineate between uncontested facts and unresolved claims. Uncontested facts, or stipulations, frequently include the date of the alleged injury, the identity of the employer, the insurance carrier involved, and whether an employment relationship existed at the time of injury. Establishing clear stipulations reduces the time needed for trial by leaving only actual controversies for the judge to adjudicate.

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

It is vital that every claimed body part or medical condition is listed individually and described accurately on the form. For instance, an injury to the lower back should identify specific spinal conditions or secondary neurological complications rather than relying on generic terminology. Vague or incomplete listings can create ambiguity regarding what issues are before the court.

Form 24 also requires an accurate accounting of all benefits paid to date. This includes recording total temporary disability indemnity payments, permanent disability advances, and medical treatment expenses already provided by the carrier. Reviewing your payment records prior to the conference ensures the record accurately reflects remaining financial obligations. 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. If a witness or exhibit is omitted, whether that evidence can be admitted later becomes a procedural determination that hinges on showing good cause under board rules. Omissions do not all carry identical consequences, but relying on late additions creates unnecessary risk.

Unresolved Discovery and Your Next Steps Before the Conference

In addition to issues and evidence, Form 24 provides a dedicated mechanism to identify unresolved discovery disputes. If depositions remain uncompleted, if outstanding medical records have been subpoenaed but not produced, or if a qualified medical evaluation report is pending, these outstanding items must be noted on the pretrial statement.

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 California Workers' Compensation Appeals Board 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.