WCDefenseCA

Happy Monday dear readers!

The question that is asked over and over by every Californian, and, of course, every workers’ compensation practitioner, is if we are going back to “normal” and if so, then when?  For well over a year now, every hearing has been either over the phone or via LifeSize, and almost every deposition has been over ZOOM or its equivalent.

With vaccinations approaching “herd immunity” in the California, one would have thought that we would be on the road to return to the grand halls of the WCAB, plying our scholarly trade in suits and ties rather than shorts and flip-flops.  But, with the Delta variant, perhaps that is not to be.  Further, after doing this for over a year, attorneys, judges, and clients have all seen the benefit of a relatively remote system.

For example, defense attorneys no longer have to bill their clients for travel time since the travel from bedroom to kitchen to living room is often waived as a professional courtesy, given how generous defense attorneys are.  Further, applicant attorneys never got to bill for travel time to the WCAB, but they can now represent their clients in more than one venue each morning, and use that travel time to prepare their cases and counsel their clients.

The Judges too, I imagine, are benefiting from not having to brave the traffic to and from work, and can spend more of their precious hours adjudicating panel disputes and UR litigation over $27.35 tissue boxes.

The Department of Industrial Relations has signaled some inclination to reopen, given that as of today, parts of the WCAB venues will reopen, including the front counters to answer questions and receive in-person filing.  This is, of course, primarily geared at providing more access to the WCAB for unrepresented injured workers. 

For now at least, all hearings and trials continue to be conducted over the phone and LifeSize, but your humble blogger is throwing his weight into the camp of wanting things to remain as they are.