BRIEF LEGAL UPDATE

COVID-19 IMPACTING UPCOMING HEARINGS

On March 16, 2020 the DWC and WCAB announced court appearances would be limited due to the public health concerns regarding COVID-19. Specifically:

a) March 17 through March 20: Only Expedited Hearings would be heard, with all other hearings to be rescheduled;

b) March 23 through April 3: Only Expedited Hearings would be personally heard at the WCAB District Offices. All other types of hearings to be conducted through Court Call or otherwise rescheduled. No Trials or Lien Conferences will be heard during this time; and

c) March 17 through April 3: All WCAB District Offices will be closed for filing purposes, with any filing deadlines extended to Monday April 6th. However, petitions and settlement documents can be filed via EAMS during the filing closure period.

[COMMENT: This posting was highly expected by the workers' compensation community. Presumably there will be an updated memo on court procedures and the status of hearings as we approach April 3rd.]

WORK COMP IN THE NEWS

CONTRARY TO CCR 10133.54, THE AD DOES NOT HAVE JURISDICTION OVER SJDB VOUCHER DISPUTES

CCR 10133.54 states any dispute regarding a SJDB/voucher is to be resolved by the Administrative Director. In Dennis v. State Dept. Corrections (2020) 48 CWCR 1, an injured inmate laborer was denied a voucher for quitting his modified job (i.e. released from jail). His appeal to the AD regarding his voucher was deemed late, and filed for reconsideration.

The WCAB held a voucher was "compensation" for which WCAB has initial jurisdiction, thus CCR 10133.54 is invalid. The Board then awarded the voucher since the modified job offer was not sincere in light of the applicant's pending release from jail.

[COMMENT: What gives the WCAB power to invalidate a CCR? Assume the Court of Appeals will be asking the same question. ]

TOP 10 WORK CARRIERS (2018)

According to the NAIC, the top 10 work carriers nationwide in 2018 based upon premiums and market share were:

Travelers 6. Chubb
Hartford 7. Liberty Mutual
Berkshire 8. NY State Fund
Zurich 9. AIG
AmTrust 10. Blue Cross/MI

Berkshire Hathaway's position includes more than 60 subsidiaries in 2018, including Applied Underwriters which was sold in 2019.

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HEW&S NEWS

H. Neal Wells IV will be the keynote speaker at the CSIA Annual Conference on April 20th at the Disneyland Resort. Mr Wells will be "breaking down" the complex AB-5 law regarding independent contractors, discussing the current legal status of the law, and addressing some employer approaches to the new law.

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