Though a lower turn-out than in years past (no doubt the result of fewer professionals remaining in the workers' compensation field since April 2004), the recent convention of the California Applicants' Attorneys' Association, held in San Diego, did produce a variety of interesting guests and content. Some of the highlights included:
Linda Atcherley, president of the CAAA, spoke about meetings the organization has had recently with representatives of the Governor's office.
While short on specifics, the hope is that the Governor may not be adverse to some PD rate changes... depending on the outcome of ongoing studies over the rating schedule's fairness (including the forums discussed elsewhere on our site concerning the Return to Work studies currently under way).
Besides the rating schedule, other topics of concern will include the two-year cap on temporary disability (which even many employer groups aren't opposed to changing) and possible tweeks in the utilization review process.
We shall see...
A panel of workers' compensation judges spoke of common mistakes made during trial. Some advice given to applicants' attorneys:
• Review your client's recent history before trial to check for any subsequent injuries that may have occurred between the work injury and trial.
• Make better use of stipulations to help move cases along by limiting the issues.
• Pay particular attention that medical reports comply with the Escobedo decision to avoid losing key medical issues by having your report(s) deemed inadmissible (or, conversely, keeping out adverse defense reports).
• Call more adverse defense witnesses "preemptively," to get the first crack at putting your spin on their testimony, and leaving the defense truly on the defense.
• And, oh yes, speak more s-l-o-w-l-y at trial (so the Judge can take notes)!
Also, the Chair of the Senate Labor & Industrial Relations Committee, State Senator Carole Migden (D-San Francisco) acknowledged strong concern over PD rates and other problems with the new "reforms" and vowed to mount a vigorous legislative campaign this year to correct many of them.
Her take on the current climate in Sacramento is that the Governor agrees that changes may need to be made.
Again, we've heard it all before... so stay tuned...
- Help for the Injured Worker
