WCDefenseCA

Hello dear readers!

Your humble blogger has for you today, this Friday, a call to action of sorts.

As many of you know, in June, Governor Brown appointed a personal friend, Mr. Juan Pedro Gaffney, as a commissioner to the WCAB.  Although I know nothing of Mr. Gaffney personally, what I understand from my research is that he has no experience in law, drafting or interpreting legislation, or the workings of California’s Workers’ Compensation System.

As much as I regularly disagree with the reasoning or conclusions of workers’ compensation Judges or WCAB Commissioners, this is something else.  I have written to my state senator, Jerry Hill, asking him to oppose confirmation of Mr. Gaffney.  I have also provided the text of my letter below, if any of my readers should be inclined to do the same.

You can find your elected representatives using this link, and you are more than welcome to plagiarise my letter if you feel so inclined.

If your humble blogger has completely missed the mark, please feel free to post a comment on why Mr. Gaffney would make a good WCAB commissioner.

Have a good weekend, dear readers!

“Senator Jerry Hill

1528 S. El Camino Real, Ste. 303

San Mateo, CA 94402

re: Mr. Juan Pedro Gaffney’s Appointment to WCAB

Dear Senator Hill,

I am writing to you as one of your constituents, but also a member of the California State Bar and a practicing workers’ compensation attorney.  The purpose of this letter is to urge you to oppose the confirmation of Mr. Juan Pedro Gaffney for the Workers’ Compensation Appeals Board.

On June 22, 2018, Governor Brown announced he was nominating his personal friend, Mr. Gaffney, to serve on the Workers’ Compensation Appeals Board.  Mr. Gaffney, to my understanding, has no legal training or experience, is not a member of the State Bar of California, and, as far as I can tell, has no experience in California Workers’ Compensation law.  His presence on the commission, reviewing the decisions of workers’ compensation Judges, could cause serious harm to both employers and employees given his lack on legal training and experience.

The Commissioners routinely review appeals based upon legal disputes. Current and past commissioners have provided a wealth of experience and familiarity with workers’ compensation issues.  They have brought to bear their experience as litigators or working on legislation, often both.

Many members of the worker’s compensation community have represented both employers and injured workers, giving them keen insight into the concerns both parties have. Mr. Gaffney, as a commissioner, would serve to create more litigation and appeals, delaying the process providing financial and medical support to injured workers and delaying justice for employer and employee alike.

Although California does not prohibit the appointment of non-attorney members to the Workers’ Compensation Appeals Board, there are several valid choices which Governor Brown can consider. Governor Brown recently appointed a non-practicing lawyer, with no experience with Workers’ Compensation law. If appointing a non-attorney commissioner at this time is warranted consideration should be given to persons that have some experience in the workers’ compensation area. California has a wealth of such candidates who are familiar enough with the system to make sound and supported decisions.

Simply put, Mr. Gaffney lacks experience and legal qualifications. The appointment of commissioners as members of the Workers Compensation Appeals Board should be made on qualifications, not on friendship or other personal reasons.

For the foregoing reasons, I respectfully ask that you oppose Mr. Gaffney’s appointment to the Workers’ Compensation Appeals Board.”