Grinberg: In-Person Trials and Hearings Resume at WCAB

Tuesday, March 15, 2022 | 0

The news making its way around the workers’ compensation community is that the Workers' Compensation Appeals Board has restarted in-person trials. 

Gregory Grinberg

If your trial date is March 21 or thereafter, it appears the WCAB will have you attend your trial in person, along with your witnesses. With the exception of the Eureka board, trials, lien trials, expedited hearings and special adjudication unit trials will be in person, while status conferences, mandatory settlement conferences and presumably walkthroughs will remain remote.

Now, remember, dear readers, that the current regulations allow for electronic hearings, even after March 21, 2022.

For example, Section 10815 allows for any matter to be set for an electronic hearing; Section 10816 allows any party intending to appear electronically to file a petition showing good cause; and under Section 10817, a petition can be filed showing good cause to allow a witness to testify remotely as well. 

The speculation as to the reason for returning to in-person trials is running wild, although the leading reason appears to be the general right of the public to attend and observe trials. I have seen my share of trials (and tribulations) both online and in person. It seems like the ability to mute a member of the public attending a trial online is significantly more effective in both allowing someone to observe while not allowing the public to disrupt the trial. 

Allowing members of the public to pour into tiny, poorly ventilated hearing rooms seems a much more significant interference than allowing members of the public to log onto the posted trial. But, then again, I was not consulted prior to the implementation of this policy. 

Anyhoo, you have been warned. Act accordingly.

Gregory Grinberg is managing partner of Gale, Sutow & Associates’ S.F. Bay South office and a certified specialist in workers’ compensation law. This post is reprinted with permission from Grinberg’s WCDefenseCA blog.