Workers’ Comp Trial Strategy: Keep Clients Off the Stand

• Aug 08, 2023
• Blog
• Michael Burgis & Associates, P.C

Welcome to Michael Burgis & Associates! Are you a fellow attorney in California dealing with injured workers’ cases? Every attorney and client might face the challenging decision about whether or not to take the stand at their workers’ compensation trial. This video aims to provide clarity on this very subject.

I’m Michael Burgis, the managing attorney of MB&A and a certified legal specialist in California Workers’ Compensation. Through my experience as a trial attorney, I understand the apprehensions surrounding court case decisions and the dynamics of what happens at a workers’ comp hearing or trial. A significant concern that many face is the idea of defendants taking the stand. There’s a prevailing notion that the injured worker, being the named party, needs to be present at hearings and especially trials. But is that truly the case?

The recently passed Martinez Staffing case in 2022 has shifted perspectives on this matter. This case has offered a fresh perspective that might be contrary to what many attorneys, myself included, have traditionally believed. Instead of the injured worker mandatorily being present, the case suggests that if they’re represented by an attorney, their presence is implied via their legal representative.

For insurance companies and defense attorneys, the case serves as a warning. It indicates the critical importance of procedures such as sending a notice to appear at trial. Without these essential steps, defense attorneys might find themselves waiving their right to have the injured worker take the stand. This can profoundly impact the proceedings and the eventual case filed in court.

I hope you find this video enlightening and valuable. Our mission at Michael Burgis & Associates is not only to represent and champion the rights of our clients but also to keep the legal community informed. If you appreciated this content and want to stay updated on the latest legal developments and insights, please like this video and subscribe to our channel.

We regularly release videos to keep you informed about changes and nuances in the law. And should you have any questions or need guidance on a specific topic, do not hesitate to reach out. We’re here to help and provide the answers you seek.

Remember, knowledge is power, and staying informed is the first step to empowering oneself in the complex world of workers’ compensation law.

Stay informed, and stay ahead.

Transcript:

Are you a California injured worker attorney, and you need to go to trial on a workers’ compensation case? But you’re afraid of putting your client on the stand or your client is afraid of taking the stand?

What if I told you there’s a way to do it and there’s a recent case law that supports it?

Hi, my name is Michael Burgis, and I’m the managing attorney of MB&A. I’m a certified legal specialist in California Workers’ Compensation, and I’m a trial attorney.

Martinez v Staffing

If you want to go to trial and not put your client on the stand, the case is Martinez Staffing, and it’s a 2022 case that just came out. And this case sort of changes the dynamic of what most attorneys thought, including myself. So previously, what happens is this: the injured worker is the named party, and they are required to be present at hearings, especially trials. And most judges and counsel thought that meant that the injured worker needed to be present.

Appearing Via Representation

Well, this case is really shedding light on that. And what it says is, no, if the injured worker is represented by an attorney and the attorney is appearing, guess what? The applicant and each worker is appearing via their representation.

Notice to Appear

Now, if you’re at trial, even if on the pretrial conference statement, the applicant, an injured worker, has been listed by the applicant or the defense, unless the defendant serves a notice to appear at trial or has subpoenaed the applicant to appear at trial, or the judge has ordered the injured worker to appear at trial. If those things don’t happen, the defendant may have waived their right to put the injured worker on the stand.

This case Martinez v Staffing, again 2022 case. This can give us support to submit your case for decision. And this is really a warning to defense attorneys that if you don’t send a notice to appear at trial or you don’t subpoena them or you don’t have an order, you may have waived your right to put the injured worker on the stand.

Workers’ Compensation Trial Attorney in Los Angeles

If you found this video helpful or informative and you want to stay in the know, our office continues to send out these videos to keep you apprised of the law. Please subscribe and if you have any questions or concerns, give us a call. We’re standing by and we have the answers.