HEARING SCHEDULE EFF. 5/5/2020
The DWC and WCAB announced on April 28, 2020 the following amended hearing procedures effective May 4, 2020:
a) All Expedited, Priority, Mandatory and Status Conferences will be handled telephonically.
b) Trials will be heard telephonically with no exhibits to be submitted prior to date of Trial unless requested by the Judge. On day of Trial, the Judge will provide exhibit filing instructions.
c) Lien Trials and Conferences will be continued.
[Suspect these procedures will apply at least through May 2020.]
AOE/COE VIRUS CASE
In
Leggette v. CPS Securit
y (2020) 85 C.C.C. 321 the applicant lost at Trial when he could not prove the moment he was bit by the infected mosquito causing his West Nile virus exposure.
In a Board Panel Decision, the WCAB overruled the Trial Judge and determined the workers' disease was related to his work as a security at a marina construction location where he was surrounded by still water and mosquitos. Additionally, was deemed irrelevant if the disease was caused by a single vs. CT exposure event.
[COMMENT: Timely case in light of the present COVID-19 pandemic.]
