BRIEF LEGAL UPDATE

LYNN PETERSON JOINING THE HEWS LAW FIRM

Lynn P. Peterson is one of the most esteemed workers' compensation defense attorneys in California. The Law Offices of Hallett, Emerick, Wells & Sareen PLC is please to announce that Ms. Peterson is bringing her expertise and her entire legal team in Glendale to the HEWS Firm where she will be "of counsel" and continue to manage the Glendale Office under the HEWS banner.

Ms. Peterson is well-known for her aggressive representation of self-insureds and carriers throughout Southern and Central California. Additionally, she was the founder, editor and contributing writer of the California State Bar publication "Workers' Compensation Quarterly" for over 30 years from its inception in 1987 until 2018. Also coming over is Dawn Writer Wilson, a former I&A Officer and an experienced hearing representative with over 40 years in workers' compensation.

HEWS President H. Neal Wells IV commented: "I've known Lynn for over 25 years, and she is one of the most aggressive and pragmatic defense attorneys in the industry. We are extremely pleased to have an attorney of her outstanding quality and reputation. There were several law firms vying for her services, so we are humbled she chose to have her very successful team join ours." The merger will be completed by February 1st.

LC 5500.5 CONTRIBUTION AND BURDENS OF PROOF

A furniture maker worker died of cancer, resulting in the filing of a CT death claim involving two carriers. An internal PQME determined the death was not industrial. The case in-chief was resolved by C&R with both carriers paying an equal 50% amount, then proceeded to arbitration on a contribution issue. The arbitrator determined no contribution was owed because the date of injury was not established; with no ruling on the aoe/coe issue.

In Anzalado (Dec'd) v. WCAB 2020 Cal.Wrk.Comp. P.D. LEXIS 304; 48 CWCR 247 the WCAB first stated no contribution was owed because injury aoe/coe was not established per the PQME report. The Board then opined the arbitrator should have addressed the aoe/coe issue first, and thereafter proceed with evaluating the DOI issue under LC 5412 which would determine the percentage of liability under LC 5500.5 as between the defendants.

REMOTE TRIALS

In Limin Gao v. Chevron (2021), a trial was continued at the request of the defense attorney who objected to a videoconference trial. AA objected and filed for removal.

In a significant panel decision, the WCAB held that trials should proceed remotely unless there is some clear reason why the facts of a specific case should warrant a continuance.

SETTLEMENT WALK-THROUGHS

Effective 1/11/2021 the DWC will allow settlement agreement "walk-throughs"

via LifeSize app from M-F at 2-4pm. The documents must already be filed in EAMS when appearing before the Judge.

2021: MILEAGE RATE DECREASES

The 2021 mileage reimbursement rate will be 56 cents, a decrease from the 57.5 cents allowed in 2020.This new rate will apply to all travel in 2021, regardless of the date of injury.

CA: MINIMUM WAGE INCREASED

Effective 1/1/2021 the minimum wage in California increases to $13 per hour for businesses with 25 employees or less, and $14 per hour for businesses with 26 employees or more.

[COMMENT: Adjusters handling cases with minimum wage earners need to assess whether a TD indemnity increase is warranted on 1/1/2021 based upon hours worked x the new minimum wage rate.]

HEWS NEWS

HEWS is now in Glendale under the leadership of managing attorney Lynn P. Peterson. The office is located at:

Hallett, Emerick, Wells & Sareen PLC

111 E. Broadway, Ste 204

Glendale, CA 91205

P: 818-265-0940; F: 818-265-0943

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HEW&S OFFICES

San Bernardino (909) 890-0403 (sbr@hmplc.com)
Orange County (949) 250-1216 (ana@hmplc.com)
Glendale (818) 265-0940 (cxr@hmplc.com)
Calabasas (818) 348-8366 (cls@hmplc.com)
San Diego (858) 753-1984 (sdo@hmplc.com)

www.hmplc.com

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