WCDefenseCA

Happy Monday dear readers! And happy new year too!

Here we are in 2020 part two 2022 and ready to bravely face all the new fun and adventure that awaits us.

There is just so much to go over that it won’t fit in a blog post, possibly not even ten blog posts, but let’s do our best and see how far we get.

Most urgently, the WCAB announced new regulations effective on January 1, 2022, in terms of procedures to be observed before the WCAB, which can be viewed in full here.

I would suggest everyone, attorney and adjuster alike, review these new rules, but here are the big takeaways, at least according to your humble blogger:

1. Attorneys and hearing representatives must now list their e-mail address in any notice of representation, and service can now be effected by e-mail, even without prior consent, but a proof of service must reflect the e-mail used for service;
2. The WCAB has authority to make any hearing an electronic hearing, including trials and expedited hearings, and Notice of Hearing must reflect whether the hearing will be electronic or in-person.  If a party objects to a trial or expedited hearing being conducted electronically, it must make an objection and the presiding Judge should make a ruling on the issue.  A party may request to appear electronically for an in-person hearing by filing a petition to that effect and citing good cause;
3. Parties must meet and confer BEFORE a mandatory settlement conference occurs, and should have a completed Pre-Trial Conference Statement ready to be filed before the end of the hearing.  Further, each party must have a person available with settlement authority at every hearing and defendants must have a Benefits Printout available for inspection at the Mandatory Settlement Conference.

So, what does your humble blogger recommend?

When the claims department gets a notice of hearing, THAT is the time to provide your attorney with a current benefits printout and to make sure that there is settlement authority, or at least schedule a time to talk to your attorney to provide settlement authority.

There also needs to be someone prepared to address settlement at every hearing.  This means that adjusters must adopt similar procedures to their attorneys – if you can’t be available on the day of the hearing by phone, someone else needs to be.

In determining whether to ask a hearing be held in person or electronically, one of the issues to consider is whether credibility is at issue, and what is the best way to allow the trial judge to assess credibility.  While electronic trial allows the Judge to see the witnesses without a mask, variables such as camera quality and internet connection might make that determination less effective as compared to in-person testimony with a mask on.

Buckle up, dear readers, the fun is just beginning!