Attorney III

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Attorney III
Duties: Under the general direction of the Secretary or a Deputy Commissioner, researches and writes legal decisions on behalf of the Workers’ Compensation Appeals Board Reconsideration Unit, a seven member quasi-judicial body, in response to written appeals from trial-level decisions issued by workers’ compensation administrative law judges. Analyze appeals of trial-level decisions filed with the Appeals Board. Review the evidentiary record admitted at the trial level. Determine the issues presented by the pleadings and the record. Research the relevant law applicable to the issues presented in each case. Analyze how the relevant law applies to the disputed issues. Provide counsel to commissioners on proposed dispositions by the Appeals Board. Draft legal decisions on behalf of the commissioners in response to appeals. Assist with responses to pleadings filed with state Courts of Appeal as needed. Writes legal decisions in the more sensitive, complex and difficult cases according to the outcome requested by panels of commissioners in response to appeals from trial-level decisions issued by workers’ compensation administrative law judges; performs in-depth research in new and emerging areas of workers’ compensation law and outside of workers’ compensation law, including the Civil Code, Code of Civil Procedure, Evidence Code, Business and Professions Code, Government Code, federal statutes and cases, and related precedential decisions; reviews record of proceedings for each appeal, identifies the relevant issues and facts, and applies the appropriate procedural and substantive legal analysis to prepare well written and legally correct opinion. Serves as an expert legal resource, providing advice and recommendations to the commissioners; interprets new and / or existing laws and rules based on detailed analysis of legal principles and precedent and application to new and / or complex workers’ compensation laws; prepares research memo to the commissioners with advice and recommendations as to a particular appeal or legal issue; uses the research results and recommendations to provide policy and program direction to commissioners and staff as a whole; assists in the training of attorneys at lesser levels with regard to law, policy and procedures of the Appeals Board, advises and guides new lower level attorneys in the handling of cases and legal problems, and may perform limited Deputy Commissioner duties in the absence of a deputy in the Reconsideration Unit. Drafts en banc and significant panel decisions involving both novel and highly complex legal issues for review by the commissioners, discussion at judicial sessions, and eventual publication to the workers’ compensation community, and may include the follow-up appellate work (answer and appearance) if the Appeals Board decision is challenged in the Courts of Appeal. Must be available on a daily basis to meet as needed with the commissioners and deputies in order to discuss and clarify issues in particular cases, review proposed drafts and decisions, and make modifications as requested or directed. This process must all be conducted and concluded within the framework or statutory deadlines. May be assigned as needed to review incoming petitions for appellate writ, outline the issues presented, identify possible errors in the Appeals Board’s decision, determine whether there are matters raised which would require a response, prepare formal and informal responses to petitions for appellate writ, including appropriate arguments and authorities, appear at appellate oral arguments on behalf of the Appeals Board, and supervise the preparation of certified copies of Appeals Board case records for review by the appellate courts; may be given special assignments, including appearances before the Court of Appeal and Supreme Court and prosecution of contempt and disciplinary proceedings.

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