Home > Uncategorized > The Ways the Times are Changing… are Changing: Reform Continues to Evolve

The Ways the Times are Changing… are Changing: Reform Continues to Evolve

Your humble blogger has gotten his hands on a copy of a draft of proposed reforms, this time as part of the possible legislation.

There is a lot to get through, folks, a lot to comprehend and a lot to imagine as it would be applied.  But on an initial reaction, this chronically cynical and typically pessimistic defense lawyer is feeling cautiously optimistic.  It appears that some of the proposed reforms are meant to address specific instances of insanity in the workers’ compensation system (Alvaraz, I’m looking at you!)  In fact, if the reforms go through un-mutilated, the new Labor Code section 4062.3, subsection (f) would specifically exclude “nonsubstantial matters such as the scheduling of appointments, missed appointments, the furnishing of records and reports, and the availability of the report” from the presently all-embracing scope of “ex parte communication.”

Another wonderful reform is found in (hopefully) the future Labor Code section 4064, subsection (c), which would allow employers to file applications on behalf of unrepresented employees in order to grant the WCAB jurisdiction.  The reformed subsection would eliminate the liability for applicants’ attorney’s fees for the entire case, and limit it to any attorney fees related to a filed declaration of readiness to proceed.

There’s plenty to look forward to, but as the old Russian saying goes: “May we have everything, and not have to take anything for it.”  Your humble blogger will keep you posted!

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