Winners and Losers
The California State Legislature wrapped up its latest session last Monday, scrambling to take action on a number of bills addressing employee safety amidst the COVID-19 pandemic, instilling more protections for some while leaving others in the lurch.

One bill that would provide more protection for the vast majority of essential workers is Assembly Bill 685 authored by Assemblymember Eloise Gomez Reyes (D-San Bernardino).

The bill would create an enforceable statewide standard requiring employers to notify employees of possible exposure within one day of receiving a positive confirmed case of COVID-19 in the workplace and require employers to provide information to employees regarding any COVID-19 related benefits, including workers’ compensation. As it currently stands, employers are simply “advised” to notify employees of possible exposure to the virus in the workplace.

The bill would also give Cal/OSHA more power to enforce the standard and shut down any worksite deemed too hazardous.

These new protections are especially important for California’s farmworkers experiencing outbreaks due to tight living conditions and packed transportation buses to and from worksites. Farmworkers have largely been left out of conversations surrounding protections for essential workers and often aren’t given the information on how to obtain legally-required benefits available to them such as workers’ compensation.

Speaking of workers’ compensation, on the rebuttable presumption front, only Senate Bill 1159 authored by Senator Jerry Hill (D-San Mateo) was taken up for final vote in the waning hours of the legislative session. The bill would codify Governor Newsom’s rebuttable presumption enacted through executive order earlier this year while creating two new presumptions for different sets of essential workers – one presumption for firefighters, police officers and healthcare workers, and one for non-emergency workers that would only be triggered if certain criteria for an outbreak were met.

CAAA had worked with labor groups to try to remove the outbreak thresholds from the bill language arguing that it would be too prohibitive and cumbersome to have any real benefit for employees who become infected on the job, but the language was ultimately left intact.

Two other bills, Assembly Bill 196 by Assemblymember Lorena Gonzalez (D-San Diego) and Assembly Bill 664 by Assemblymember Jim Cooper (D-Elk Grove) would have worked in tandem to provide presumptions for all of California’s essential workers, but unfortunately were left on the cutting room floor as legislators failed to take up a vote on either measure.

As with any legislative session, there are always winners and losers. Unfortunately for many essential workers putting their lives at risk on the frontlines and hoping to be covered by a workable presumption, they found themselves on the losing end this time.
Paralegal Virtual Seminar
Seminar will be presented via Zoom on
September 18th from 12:00 p.m. to 3:00 p.m.
 
Our highly anticipated paralegal program is here! This interactive virtual seminar is tailored to paralegals and staff in a workers' compensation practice. Walk away with best practices, tips and ways to improve your work flow. 

Topics
  • Introduction – Being a paralegal in the Workers’ Compensation system
  • Obtaining Information
  • The interview and forms
  • Filing the application
  • Proceeding with the Case
  • Understanding the MPN system
  • Obtaining the best doctor
  • Obtaining a doctor outside the MPN
  • The Follow-up
  • Medical treatment
  • TD/PD benefits
  • Preparing for Litigation
  • Filings
  • Exhibits
  • Motions
  • IMR/UR
  • Client concerns
  • The MTUS
  • Understanding upheld denials
  • Assisting Attorneys for Trial
  • Setting for Trial
  • Rehabilitation
  • Explaining the Voucher
  • Explaining the Return to Work Supplemental Benefit
 
Panelists
Elliot Berkowitz, Esq.
Dennis Thomas, Esq.
Ginger Volz
Angelica Finlaw
Elvia Zarco
 
 
 
$200 for CAAA Member Staff
$375 for Non-Member Staff
 
 
This program has been approved for MCLE credit by the State Bar of California in the amount of 2.5 hours. This activity has been approved for 2.5 hour of Legal Specialization in Workers’ Compensation.
Provider #1279.
 
If you're unable to attend, you may register now and we'll get
you the recording after the broadcast! 
Virtual Trial Seminar
The Virtual Trial Seminar will be presented via Zoom on
Friday, September 25th from 12:00 p.m. to 1:30 p.m.
 
As the Workers' Compensation Appeals Board (WCAB) continues to adapt to a digital environment, CAAA is here to help you navigate the changes and provide solutions to help your practice. We're excited to announce our Trial seminar which will help you prepare for trial in this virtual world.
 
Topics:
 
  • Tech tips for use of videoconferencing
  • LifeSize videoconferencing system
  • Decorum and professionalism
  • Pre-trial and preparing for trial
  • Mandatory Settlement Conferences
  • Submission of exhibits
  • Preconference trial statement
  • Preparing your client virtually
  • Trial and trial strategy
  • Presentation of exhibits
  • Taking testimony
  • Objections
  • Use of interpreters
 
 
Panelists
Rick Meechan, Esq.
Laura Rosenthal, Esq.
David Lusby, Esq.
 
 
$100 for CAAA Member
$125 for Non-Member
 
 
This program has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hours. This activity has been approved for 1.5 hour of Legal Specialization in Workers’ Compensation.
Provider #1279.
 
If you're unable to attend, you may register now and we'll get
you the recording after the broadcast! 
2020 Election Forum
Tuesday, October 13 from 12:00 p.m. - 1:00 p.m.
Program will be recorded for those who can't watch live.

Curious to see how this election is shaping up?

Join us for an exclusive online forum featuring political experts from around the country offering an inside look at the 2020 Presidential Election. Learn how political campaigns develop messages to reach targeted voters and see projections on how these practices might impact the 2020 election.

Moderated by Richie Ross, political strategist for over 700 candidate and ballot measure campaigns over 46 years throughout the United States and Canada, this panel will give you an insider's perspective on various election topics, including:

  • The history and impact of mail-in voting
  • Projections and findings in key battleground states
  • The making of a 15-second political ad
  • Using digital advertising to sway the vote
  • And more!

Sign up today for a unique experience you don't want to miss!

If you're unable to attend, you may register now and we'll get you the recording after the broadcast.
Join CAAA Today at a Special Rate!
As an added incentive to the special join rates, we're offering an extended membership which covers the remainder of 2020 through 2021!
 
With the Boards closed to the public, a membership in CAAA can give you a strategic advantage. Get access to hundreds of colleagues via CAAA listservs (for Regular members), face to face interaction via Zoom chapter meetings, and real time practice updates sent directly to your inbox.
 
If you've never been a member of CAAA, don't miss these special rates:
 
  • $350 (Applicants' Attorneys)
  • $500 (non-Applicants' Attorneys)
 
Plus, we're offering a special rate for returning to CAAA if you were previously a member and have been gone for two years or more: Rejoin for $500
 
Take advantage of these special offers. For more information, please contact our director of membership Andrea Robertson at arobertson@caaa.org or 916-799-4322. 
Chapter Meetings
Tuesday, September 8, 2020
Orange County Chapter presents: Video Trials in the Age of COVID-19
5:00 p.m. - 6:00 p.m.
Moderated by Roshele Snyder, Esq.

Join us for a roundtable discussion on video trials in the age of COVID-19.

This is an online Zoom meeting. Online registration will be closed at 12:00 p.m. on the day of the meeting.
Tuesday, September 15, 2020
Harbor Area Chapter presents: State of the Board
5:00 p.m. - 6:00 p.m.
Guest speaker: Judge Cynthia Quiel, Presiding Judge of the Long Beach WCAB

Meet Judge Najarian, the newest Long Beach Judge

This is an online Zoom meeting. Online registration will be closed at 12:00 p.m. on the day of the meeting.
Thursday, September 24, 2020
Greater Inland Empire Chapter presents: Crunching the Numbers
5:30 p.m. - 6:30 p.m.
Topics and speakers:
  • Attorney Mark Gearheart - How to help your clients get the awards and benefits their cases deserve
  • DEU Manager Barry Knight - Commutations & COLA
  • Structure Broker Ali Mendiola - Structured settlements to assist your clients to manage their benefits or awards

This is an online Zoom meeting. Online registration will be closed at 12:00 p.m. on the day of the meeting.
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