Grinberg: AB 133 to Extend Remote Appearances

Thursday, July 6, 2023 | 0

I have made no secret of my support for remote proceedings for court appearances.  Hearings conducted remotely have the general effect of reducing transmission of diseases, whether COVID-19 or the common cold, and everything in between.

Gregory Grinberg

By allowing for remote hearings, the court system further reduces the burden and costs of litigation by avoiding hours spent on the road. It also allows for fewer continuances requested due to calendar conflicts. I can attend a mandatory settlement conference before the Salinas Workers' Compensation Appeals Board and the Santa Rosa board in the same morning without having to physically travel to either. Certainly, employers and insurers have welcomed the reduced bills from their defense attorneys where travel is no longer a line item.

While we still attend some trials (and, for some reason, walkthroughs) in person, the more we shift to remote proceedings, the more efficient the system becomes, lessening burdens on the parties and expediting hearings and resolutions.

In a bizarre twist to the norm, California appears to be doing something good for a change. Assembly Bill 133 would extend the authorization to appear at court proceedings — in most instances remotely — until Jan. 1, 2026.  AB 133 was approved by the Assembly on March 23 and is now before the California Senate. A very similar bill, Senate Bill 133, was signed by Gov. Gavin Newsom on Friday.

Hopefully, this is the start of a growing trend, and we can expect to see an increase in the WCAB’s use of remote technology in our proceedings. 

What do you think? Are you happy with Zoom depositions and telephonic hearings? Or would you like to go back to the good old days before the pandemic?

Gregory Grinberg is managing partner of the Tobin Lucks office in Burlingame and a certified specialist in workers’ compensation law. This post is reprinted with permission from Grinberg’s WCDefenseCA blog.