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Under general direction of the Administrative Director and Court Administrator of the Division of Workers' Compensation, to conduct judicial proceedings at which evidence, oral and written, is produced by adverse parties to disputed claims arising under the Labor Code provisions pertaining to workers' compensation insurance and safety; to make decisions upon the evidence presented; and to do other related work.
As presiding officer in judicial proceedings, instructs the parties and witnesses, as occasion arises, as to their rights; administers oaths to and questions witnesses; rules on the admissibility of oral and documentary evidence; prepares a memorandum containing a digest of the testimony produced, together with a discussion of the evidence under the issues framed and Findings of Fact and the conclusions of law in support of the decision in each case; advises members of the public on questions they may ask as to their rights under the Labor Code of the State of California and assists them in interpreting the provisions pertaining to workers' compensation insurance and safety; and does legal research.
Membership (active or inactive) in The State Bar of California. and Experience: Either
1. Licensed to practice law in California for five or more years, at least two years of which shall be as an attorney serving on the staff of the Division of Workers' Compensation or Workers' Compensation Appeals Board in a class with a level of responsibility not less than that of an Industrial Relations Counsel I. or
2. Licensed and experience in the active practice of law* in California for five or more years, in litigation before a trial court or quasi-judicial body involving the interests of adverse parties, at least three years of which shall be in workers' compensation law. or
3. Licensed and experience in the active practice of law* in California for five or more years, experience in workers compensation law, at least three years as presiding officer in a judicial or quasi-judicial body; or as a member of a court conducting judicial proceedings; or an administrative body conducting quasi-judicial proceedings; or as a hearing officer.
Knowledge of: Principles and provisions of the Labor Code pertaining to workers' compensation insurance and safety; leading court decisions in California and the United States Supreme Court on the subject of California Workers' Compensation Law; conduct of proceedings in a trial court, rules of evidence governing such proceedings, and laws relating to serving notices, taking depositions, and issuing subpoenas; medical, physiological, anatomical, and occupational terminology in relation to cases of industrial injury; purposes and organization of the Workers' Compensation Appeals Board and Division of Workers' Compensation; procedure before the Workers' Compensation Appeals Board; legal research methods and performing such research; and underlying philosophy of workers' compensation legislation.
Ability to: Perform legal research; conduct hearings in a manner that will obtain all pertinent evidence and secure the confidence and respect of all parties; analyze and appraise legal problems, and apply legal principles and precedents to particular sets of facts; make accurate summaries of evidence and prepare appropriate findings, awards, orders, and other legal documents relating to compensation litigation; analyze situations accurately and adopt an effective course of action; and communicate effectively at a level required to perform the essential functions of the job.
Willingness to travel; impartiality; judicial temperament; self- motivation; and tact.
* Experience in the "practice of law" or "performing legal duties" or "legal experience" is defined as only that legal experience acquired after admission to The Bar.