WCAB Announces Return of In-Person Trials

Well, dear readers, looks like we made it another week!  It’s Friday, and for those of us who have not started early, another three-day weekend is up on.

So the big news swirling around the proverbial coolers of the practitioners this week is the announcement that we will be returning to in-person trials as of October 1, 2021.  No explanation was offered in the DWC Newsline (2021-87) as to the reason for this change, but the chatter among the grunts, that is, the attorneys that will actually be appearing, is one of concern.

As much as your humble blogger wishes that COVID would go the way of the murder hornets, we are still in a pandemic.  The Delta strain is not being controlled by vaccination as both vaccinated and unvaccinated people appear to be spreading it.  Several countries, including India, Mexico, and Japan, have taken other measures to control the surge in cases, but the United States is not among them.  In other words, COVID19 remains a serious health risk for the population.

As a practitioner, I have to say, I would prefer if we remained on the virtual/video trial calendar, at least for now.  Appearing at the San Francisco WCAB, for example, will require the use of mass transit for at least some of the attendees – employees in the building, parties to hearings, and non-party witnesses are not all going to fit into the very limited parking available.  Witnesses and even parties would be reasonably reluctant to suffer such exposure, especially as we head into the winter season.

The good news is that on September 24, the WCAB will be holding hearings about various procedures and proposed rule changes.  This might be a good opportunity for those who would prefer to remain 100% virtual for trials and hearings to voice their opinions.

In any case, dear readers, your humble blogger hopes you have a safe and restful weekend!

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