Precedent Decisions

This body of case law is developed through the adjudicatory process at the California Unemployment Insurance Appeals Board (CUIAB) and contains the Appeals Board’s definitive expression on unemployment, disability, and tax matters. These cases are known as precedent decisions. The Unemployment Insurance (UI) Code specifically authorizes CUIAB Board Members to consider, decide and designate as precedent decisions those cases that contain a significant legal or policy determination of general application that is likely to recur. CUIAB, its administrative law judges (ALJs), and the Employment Development Department (EDD) Director are controlled by these precedents, except as modified by judicial review.

Employers or claimants have the right to appeal most actions of the EDD that adversely affect their interests. EDD’s administrative appeals process is conducted by CUIAB, a separate and independent body. A hearing is held before an ALJ who will then decide the case. Subsequent to the ALJ’s decision, a further appeal may be filed to the CUIAB Board Members to review the ALJ’s decision.

CUIAB may designate certain of its decisions as precedent decisions. Except as modified by judicial review, precedent decisions are binding upon the EDD and CUIAB’s ALJs. To identify the subject matter covered in the precedent decisions, the precedents have been given a letter abbreviating the category:

For example: P-B-001 refers to Precedent Benefit Decision No. 1

CUIAB publishes an index to facilitate public access to the precedent decisions. That index, which actually consists of several different types of indexes, has been modified somewhat for use on the CUIAB Web site. In addition to the Foreword to the published Index of Precedent Decisions, the following indexes are available on this Web site:

Note: Social security numbers (SSNs) and employer account numbers of those involved in these decisions have been deleted for privacy. Occasionally, employee names and SSNs were listed separately in an appendix; where that occurred, the appendix has been deleted.

Types of Indexes

• Subject:   A – D, E – M, N – S, T – Z
• Numerical – listed in numerical order by category
• CUIC Code Sections 100 – 1099, 1100 – 1299, 1300 – 18012 and Related Precedent Decisions – cross-referenced with the pertinent California Unemployment Insurance Code (CUIC) sections
• Overruled, Superseded, and Modified Precedent Decisions – affected by legislation or judicial review
• Numerical Conversion Table – CUIAB Board Decisions elevated to precedent decisions

For assistance, visit your local CUIAB Office.