DWC EXPANDS HEARING OPTIONS AS OF AUGUST 17, 2020 INCLUDING VIDEO TRIALS

GMK ALERT – Today’s News You Can Use

ISSUE DATE:  Thursday, August 13, 2020

IN THIS ALERT: DWC EXPANDS HEARING OPTIONS AS OF AUGUST 17, 2020 INCLUDING VIDEO TRIALS

On August 12, 2020, the DWC issued additional guidance regarding hearing procedures that will go into effect on August 17, 2020.

Beginning August 17, 2020 our “new normal” of telephonic appearances will remain in place for Mandatory Settlement Conferences, Priority Conferences, Status Conferences, Case-in-Chief Trials, Lien Conferences, and Expedited Hearings.  However, for Trials and Expedited Hearings, each Judge now has the option of conducting these proceedings via video conferencing software called Lifesize. Details on the program itself are available at https://www.lifesize.com/.

The use of the Lifesize platform for Trials and Expedited Hearings will be free of charge.  Information on Lifesize and how to use the program may be found on the DWC website, https://www.dir.ca.gov/dwc/DWC_address/Lifesize-outside-user-guide.pdf.

Lien Trials will still be continued until further notice except for Special Adjudication Unit (SAU) Lien Trials.  While this may be disappointing, expect to see Lien Trials added back to the normal calendar soon.

Parties set for Trial will still need to call in using the Judge’s specific conference lines which should be added to the WCAB’s Hearing Notices as of August 15, 2020. Remember, the choice to use Lifesize is up to the particular Judge although it remains to be seen if any Judge will decline its use. If it is determined that Trial by video is appropriate, your Judge will provide a link to access the service through Lifesize.

FILING OF DOCUMENTS

The DWC will continue to accept electronic filings via EAMS, JET filing, or paper filing via U.S. mail. No in-person filings will be accepted at this time. Additionally, the DWC will continue to accept electronic signatures on applications, petitions, pleadings, or motions.

Limited email filings will be accepted. What are the limitations? The DWC will accept email documents that are subject to a statute of limitations that cannot otherwise be efiled, JET filed or filed by U.S. mail.

DWC will continue to accept an electronic signature on any settlement documents, applications, pleadings, petitions or motions that are sent to the district office or filed in EAMS.  For all e-forms, parties should utilize “S signature” as shown in the E-forms Filing Reference Guide and the JET eFile Business Rules.

WHAT DOES THIS MEANS FOR YOU?

If you have not assessed your computer system lately, now is the time to do so as you may need to upgrade in the event that employer representatives and defense witnesses will need to be present to appear at Trial. 

You should reach out to your IT personnel to make sure your present computer system meets the necessary system requirements to fully participate in this new option. You will need a web camera, but should that option not be available for you, the system can be accessed through a smartphone, although this is not the recommended option. Lifesize video conference system requirements can be found at https://www.lifesize.com/en/video-conferencing-blog/video-conferencing-requirements.

On a case by case basis employer representatives and defense witnesses may be called upon to personally appear at a GMK office to observe the applicant’s testimony and the testimony of applicant’s witnesses as well as to provide their rebuttal testimony.

As we do not know how long this “new” normal will last, this may be a good time to look into software that allow for joint signatures such as Docusign or Dochub. This is extremely useful for settlement documents, joint continuance requests, joint AME/PQME letters or Pre-Trial Conference Statements.

Alissa Tobin, Esq., Woodland Hills

Daniel Cadia, Esq., Woodland Hills