Happy Monday, dear readers!

Your humble blogger hopes your weekend was restful and relaxing, although understandably, the community is a buzz with nervousness as we all watch the date approach October 1, 2021.  What happens on October 1, you might ask?  Well, I’ll let my good friend Bill explain:

Well, not exactly. 

But all kidding aside, come October 1, 2021, all trials, lien trials, and expedited hearings will resume “in person” process.  Recent discussions online seem to show almost unanimous agreement among attorneys and lien representatives expressing disapproval of the impending return to court.  For your humble blogger’s part, I share that concern. 

The San Francisco WCAB for example, does not have windows in its court rooms, and the hallways have windows that don’t open.  The same is true of the Oakland WCAB.

As we return to in-person trials, parties and their attorneys are going to face significant challenges.  At last Friday’s public hearing, one lien representative voiced objections to returning to in-person trials for the purposes of lien claimants being able to prove their respective cases: while he has had very limited success getting applicants to appear for a lien trial to testify for AOE-COE, he has had no such problems when applicants have appeared via LifeSize to testify.

Judges are also about to face significant challenges: a LifeSize video stream offers a clear view of a witness’s face and a clear voice from the witness with which to judge credibility.  A witness wearing a mask presents problems both for identification and judging credibility. 

Finally, there is just the human element to consider: the pandemic is real and the virus is dangerous.  That threat extends to everyone, with varying degrees but with absolutely no guarantee of safety. 

Will some injured workers decide that risking exposure to COVID by taking public transportation to go to a crowded court room is not worth pursuing workers’ compensation benefits? 

Will some employees of the WCAB or the various attorney offices quit when faced with exposing their family members to the various new strains?

Your humble blogger, being the down-in-the-trenches defense attorney that he is, has appeared for several expedited hearings and trials since the start of pandemic.  Yes, it’s true, dear readers – between blog posts I sometimes find time for lawyering here and there!  Though LifeSize certainly doesn’t offer the same feel as “the old days” when we would all mill around and make deals at the Board, the remote system we have had since March of last year provides all the essential functions we need while ensuring our safety.

Let’s hope for the best as we sail into October, and that everyone remains healthy and safe.  But none-the-less, your humble blogger hopes that good reason will guide the State of California towards the conclusion that continuing as we have gone since March of last year is the best option.

See you next Wednesday, dear readers!