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Workers' Compensation Litigation Services (September 2016)

​Litigation Services (September 2016)

Department

  1. Initial point of contact on the file should be the adjuster who will coordinate status meeting with legal if requested.

  2. Departments can contact assigned attorney directly.

  3. Departments can request regular delivery of the legal calendar by sending an email to Jerelene Calloway at jlcalloway@scif.com.

  4. Departments can take the initiative to contact the assigned attorney in advance of the Mandatory Settlement Conference (MSC) or trial to make sure all issues and concerns are addressed.

State Fund

  1.  Initial point of contact on the file is typically the RTWC, but can also be the manager, the settlement unit, the legal unit, or any other unit or person that is part of the workers’ compensation program at that department.

  2. When a 132a or S&W petition is received, use the designated letter to notify the department.

  3. When the following petitions are received, State Fund legal will notify the department:
    a.  Commutation
    b.  Dismissal
    c.  New and Further
    d.  Reconsideration
    e.  Removals

  4. When a department makes a request to legal for a meeting, State Fund will acknowledge the meeting request and make every effort to schedule a meeting timely.

  5. Departments should be notified of attorney assignment before any scheduled appearance.
    a.  Notification done via legal calendar which is updated regularly and sent per request every two weeks.
    b.  Except CDCR and CHP, their calendars are sent every week.

  6. State Fund will provide the department with a copy of a Findings and Award upon receipt and follow up with a timely recommendation on how to proceed.
    a.  The recommendation might be later than the actual service of the award, but still within appeal timeframes.
          i.  Attorneys are encouraged to make a decision within 14 days of receipt.

  7. Attorneys should consider the needs of the department when selecting and scheduling witnesses for trial. Contact key witnesses ASAP to confirm availability and relevant testimony. Connect with the witnesses to prepare them for trial, and subpoena all necessary witnesses.

 

  Updated: 4/12/2017
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