Workers' Compensation Section
News from the Section
Advanced Litigation Skills Boot Camp
Saturday, July 23, 2016
Los Angeles Airport Marriott
5855 West Century Boulevard
Los Angeles, CA 90045
Earn 6 Hours MCLE Credit and Legal Specialization
Program Schedule | Essential Information | Printable Brochure | Mail/Fax Reg. Form
Register Online - San Francisco | Register Online - Los Angeles
For full program information, see Advanced Litigation Skills Boot Camp.
Advanced Lien Issues with Lien Claim Judges
Saturday, August 20, 2016
Marina del Rey Marriot
4100 Admiralty Way
Marina del Rey, CA 90292
Earn 4 Hours MCLE Credit & Legal Specialization Credits in Workers' Compensation Law
With panels on:
- Chief Judge Report with the Hon. Paige Levy
- Top 10 Tips on Lien Litigation
- Straddling the Fence: Medical Legal Liens vs. Medical Treatment Liens
- Lost in Translation: Interpreter Liens Deciphered
- Lien Discovery Issues
- Lien Case Law Update with Q&A
You can now REGISTER ONLINE for this program. Online registration will close after August 15, 2016.
Program Schedule | Essentail Information | Printable Brochure | Mail / Fax Reg. Form
For full program information, see Advanced Lien Issues with Lien Claim Judges.
The State Bar of California 89th Annual Meeting
The State Bar of California 89th Annual Meeting
September 29 - October 2, 2016
Marriott Marquis San Diego Marina
San Diego, California
Early Bird Pre-Regsitration and Hotel Registration Deadline: August 30, 2016
Pre-Registration Deadline: September 8, 2016
The State Bar of California returns to beautiful San Diego for the 2016 Annual Meeting. The Annual Meeting is a multi-day showcase of continuing legal education courses, celebrity speakers, and noted legal scholars. Each day gives you several choices of courses and special events.
The Annual Meeting registration fee is structured to make it affordable to attend. You can select either a Full Meeting Pass or a 2-Day Pass. Special fees are available for Young Lawyers and New Admittees.
Register by August 30, 2016 to take advantage of preferred pricing. Your registration includes:
- 111 MCLE courses
- Up to 19 Hours of MCLE and Legal Specialization credit
- Dynamic Opening Day and Closing Day General Sessions
- Free Networking Lunch, Morning Coffee Breaks and Evening Happy Hours in the Exhibit Hall
- Social events hosted by the State Bar and its various Sections, local bar associations and law school alumni groups
The Section will be presenting:
Substantial Medical Evidence in Workers’ Compensation or How to Pass the Sniff Test
Workers’ Compensation and Personal Injury: Liens, Credits, and Other Issues Explained
Mastering the Mandatory Settlement Conference (MSC)
You can REGISTER ONLINE until September 8. For full information, see The State Bar of California 89th Annual Meeting.
Announcing the Recipients of the 2016 State Jimenez Memorial Special Recognition Awards
We're pleased to announce this year's recipients! The awards will be presented during a reception at The State Bar of California Annual Meeting. Watch for details! For information about winners in past years, see Steve Jimenez Memorial Special Recognition Awards.
Lifetime Achivement Award
Frederick T.“Rick” Dietrich joined the legal staff of the WCAB in 1979. From 1983 to 1990 he was an applicant’s attorney with the law firm of Airola, Williams, Dietrich and Otis. He returned to the Appeals Board in 1992 as its staff Workers’ Compensation Judge, and in 1992, he was elevated to Deputy Commissioner. In 2008 he was named Secretary and Deputy Commissioner. In that capacity Rick served as the WCAB’s chief advisor and legal counsel. During his entire tenure, he has been regarded as an efficient manager of the WCAB staff, as well as one of the top legal minds in the field.
In 2008, Rick’s effective liaison with the DWC and his deep understanding of every aspect of workers compensation litigation was instrumental in providing the WCAB with a seamless transition from a paper adjudication filing system to an electronic adjudication management system (EAMS.) This was recognized by all, as a monumental feat on his part.
During each set of “legal reforms” such as the 2004 SB 899 and the 2012 SB 863, Rick’s extensive and high caliber knowledge of the workers’ compensation system provided essential guidance for the WCAB, as they maneuvered through each new slate of legislation. His brilliant expertise helped formulate new legal theories, which resulted in the issuance of over 30 en banc decisions including Almaraz-Guzman, Ogilvie, Weiner, Cervantes, Blackledge, Guitron, Valdez, Messele, Torres, Navarro, Dubon, Neri-Hernandez and many others.
Rick and his wife, Theresa, are looking forward to increased family time since Rick retired on December 30, 2015. This will mean more opportunity to spend time with his son Andrew, his daughter-in-law Viara, his daughter Elisabeth, his son-in-law Shane Curran, and of course, the light of his life, his grandchildren, James and Maggie.
Michael Gerson, native of Alameda and a 1974 graduate of USF Law School, is the co-founder with Stewart Boxer of Boxer & Gerson, LLP. Michael has made it his personal mission for over 40 years to steer the firm toward compassionate and high quality representation of injured workers and their families. He brings uncommon understanding and skillful means to the maze that injured workers must navigate through very trying times. His name has become synonymous with the great integrity, commitment and passion with which he has practiced the law and helped mentor a new generation of attorneys.
Michael’s widespread reputation rests on the consistent success he has enjoyed in both his own practice and the accomplishments of his firm, which has grown to become one of the dominant forces protecting workers, and other injured or disabled people in Northern California. He has been recognized since 1995 as one of the “Best Lawyers in America”, and as a Northern California “Super Lawyer” since 2005. Always meticulously prepared, he has won the respect of fellow attorneys, judges, and other observers for both his legal acumen and the respect he tirelessly demonstrates for his profession.
Michael has been a Certified Specialist in workers’ compensation since 1980. He has litigated thousands of claims before the Workers’ Compensation Appeals Board, and has argued cases before the California Supreme Court, and the California Courts of Appeal. Michael served on the State Bar Workers’ Compensation Legal Specialization Committee, and received special recognition by the State Bar as chair of the committee. Additionally, Mike is a past president of the California Applicant’s Attorney’s Association (1989-1990), and sits on the Board of Governors. He has been on the program faculty for the UCSF Medical School Department of Occupational Medicine and has lectured before the UC Berkeley Extension Division, the Industrial Claims Association, the California Society of Industrial Medicine, the California CEB, the Conference of California Workers’ Compensation Judges, as well as many many unions and other groups. In 2012, Michael was selected by the NFL Players’ Association as its panel attorney, representing the San Francisco 49ers and the Oakland Raiders.
Michael is especially grateful for the loving support of his family, wife, Jamie, and his son, Major Michael Andrew Gerson, USMC, and daughter, Carly Gerson Santos, RN.
Applicants' Attorney Award
Joseph V. Capurro
Joseph V. Capurro, Esq. has practiced in the field of Workers Compensation Law since he was admitted to the California Bar in 1980. He is a sole practitioner at The Law Office of Joseph V. Capurro in San Jose, CA, and has represented injured workers before the Workers Compensation Appeals Board and Courts of Appeal since his admission to the Bar. Currently, his practice is limited to such representation. He has been a certified specialist in the field of Workers Compensation for over 20 years.
Mr. Capurro has frequently participated in matters involving Workers Compensation issues before the California Supreme Court and various California Courts of Appeal, including the recent Stevens v. WCAB case as Amicus in support of the Petitioner.
He is an active member of the California Applicants Attorneys Association and is a member of the Board of Directors. He currently serves on several committees of the organization and is Co-Chair of the Amicus Curiae Committee. He is a frequent lecturer on matters involving Workers Compensation, particularly on the topic of recent case law developments.
Additional memberships include the Santa Clara County Bar Association, the Bar Association of San Francisco, the Workers Injury Law & Advocacy Group, and the American Association for Justice.
Mr. Capurro is a graduate of California State University, Hayward (BA Political Science) and received his JD from the University of Santa Clara School of Law (1980). He is married to his wife Jackie and has three adult sons, none of whom are lawyers.
He enjoys traveling, gardening, and spending time with his granddaughter. He is a member of the Italian Folk Art Federation of America and has a keen interest in Italian culture, language, and folk traditions.
Defense Attorney Award
Mark Cartier is a partner in the workers compensation defense firm of Thomas, Lyding, Cartier, Arnone & Daily LLP in Walnut Creek California.
Mr. Cartier received a Bachelor of Arts from the University of California San Diego in 1983, and received his Juris Doctor with Honors from the University Of San Francisco School Of Law in 1986.
He became a member of the California Bar in 1986, and is a certified specialist in workers compensation.
He was admitted to the State Bar of Arizona in 1993.
He was a Northern California workers compensation Superlawyer in the years 2004, 2005, 2006, 2008, 2009, 2010, and 2011.
He has been involved in a number of Court of Appeal cases, including oral argument in the First District Court of Appeal in the seminal apportionment case of Brodie v WCAB. He was involved in writs in Zipton v. WCAB (1990) 218 Cal. App. 3d 980, and CNA v. WCAB (Kirkeby), (2006) 71 Cal. Comp. Cases 149.
More recently, he wrote the petitioner’s brief and did oral argument in the case of Contra Costa County v. WCAB (Dahl) (2015) 240 Cal. App. 4th 746.
When he isn’t glued to a computer screen, he enjoys skiing, hiking, and camping
Judge of the Year
Hon. Paige S. Levy
Paige Levy was appointed as a Workers’ Compensation Judge at the Marina del Rey WCAB in 2005. She was appointed to the Presiding Judge’s position in 2012 and the Chief Judge position in 2016. Prior to being appointed as a Judge, she was the Managing Partner for Levy & Associates, PC and the Managing Partner for Specter & Levy, LLP. Judge Levy was the Chair of the Workers’ Compensation State Bar Executive Committee for the 2013-2014 term and served on the committee for five years. She has been a board member for the California Conference of Workers’ Compensation Judges. Judge Levy was the project manager for the 2013 revisions to the DWC Policy and Procedural Manual. The Judge is the chair of the DWC Ethics Advisory Committee. Over the last ten years she has spoken on numerous topics including the application of the AMA Guides, Case Law update, Utilization Review, WCAB policy and procedure, ethics, specialization exam prep, liens, and litigation tips for attorneys. She is a regular presenter for the State Bar and the Division of Workers’ Compensation. Judge Levy was the 2013 CAAA Judge of the Year; the 2012 Work Comp Central Magna Comp Laude Award Winner; and a 2014 and 2015 DWC Employee of the Year Recipient. She became a Workers’ Compensation specialist in 2000. The Judge obtained her J.D. degree from Whittier Law School in 1994 where she graduated with honors. She received her undergraduate degree in pre-law from San Diego State University.
Young Attorney Award
Randy H. Pollak
Randy H. Pollak is currently supervising attorney in the in-house legal department at Pacific Compensation Insurance Company in Thousand Oaks, California, where he is responsible for managing a group of attorneys, hearing representatives and administrative staff, as well resource support and training to the claims department. He is a graduate of Loyola Law School and received his B.A. summa cum laude in Political Science from UCLA. He is currently a post –exam candidate for certified legal specialist in workers’ compensation law. He is the author of the recent article Court Call: An Actual User’s Perspective that appeared in the Workers’ Compensation Quarterly. Vol. 28, No. 2, pp. 1-3.
LC 4662 & Voc Rehab Experts
By Robert Rassp
Reprinted with permission. This article is excerpted from an upcoming edition of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis).
Labor Code Section 4662 was modified by the legislature in AB 1847 in 2014. Contrary to popular belief, it was not amended in SB 863. The older version of Section 4662, adopted in 2007, created the conclusive presumption of permanent total disability as follows:
“Any of the following permanent disabilities shall be conclusively presumed to be total in character..." READ MORE.
Ethics Tips by State Bar Court Judge Kearse McGill
Recently Judge Kearse McGill of the State Bar Court (and formerly the Presiding Judge of the Stockton District Office of the WCAB) made a presentation of the top ten professional responsibility issues that attorneys face at the State Bar Court as part of the Workers’’ Compensation Section’s Spring CLE series. Judge McGill’s outline for avoiding California disciplinary issues can be found ... READ MORE
MEMBERS ONLY: List of CLE webinars and Substantive Law Articles Available FREE on State Bar Website
As a benefit of Section membership, the state bar is pleased to offer six hours of MCLE credit, offering credit in all of the MCLE subfields, Elimination of Bias in the Legal Profession, Detection and Prevention of Substance Abuse and Emotional Distress and Legal Ethics. Just watch these programs found at the link below, and keep a record of having done so, in the event you're audited for MCLE compliance.
State Bar Workers’ Comp Section members may also use this link to access a plethora of our most popular articles from our publications.
Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!
We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.
Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.
See Online CLE and click on Workers' Compensation to find out how you can get online participatory MCLE credit for Workers' Compensation programs at your convenience. Choose from a wide selection of State Bar of California MCLE programs at both modem and broadband connection speeds. For information about other options for CLE credit, see Education .
Save Money with CEB
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Workers' Compensation Section, you're eligible for:
- 10% off selected CEB print or online books
- A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket
A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area . Information about the section dues rebate program can be found on the CEB Web site .
Workers' Compensation Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639