MICHAEL SULLIVAN & ASSOCIATES BLOG

From Monterey to San Diego, the MS&A team stayed on the move this September—connecting with colleagues and clients at industry conferences, training events, and celebrations across the state. Whether sharing insights at CAJPA, joining partners for professional development, or raising a glass with friends of the firm, we’re proud to be part of such a dynamic and collaborative community.

The relationships and ideas shared this month continue to inspire our work and strengthen our commitment to the industry.

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, and Facebook. We'd love to have you attend one of our events!

The use of sub rosa surveillance video is a powerful tool in workers' compensation, often used to challenge an applicant’s credibility regarding the claimed level of disability. The timing and procedure for providing such evidence can be a point of significant dispute.

The Workers' Compensation Appeals Board (WCAB) has long recognized that a defendant may withhold surveillance video until after an applicant's deposition. In Downing v. City of Hayward (1988) 16 CWCR 76 (panel decision), the WCAB explained:

From connecting with clients at a Lunch & Learn, to networking at the LA RIMS Summer Mixer, to joining industry partners at summer events, August was a busy and rewarding month for the MS&A team. We’re grateful for every opportunity to share knowledge, strengthen relationships, and engage with the workers’ comp and risk management community.

Looking forward to even more great moments this fall!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, and Facebook. We'd love to have you attend one of our events!

The use of artificial intelligence (AI) is increasing throughout society, and its use in law is no exception. AI provides tools for lawyers to quickly and effectively deliver legal services. Many lawyers use AI for both routine and complicated legal tasks, and those who do not risk falling behind.

As an emerging technology, however, AI is not infallible. Even the most advanced AI models have limitations and might not be familiar with all of the procedural and substantive court rules. A recent Workers' Compensation Appeals Board (WCAB) panel decision illustrates the dangers of relying entirely on AI to draft legal pleadings, and provides a stark warning about attorney oversight in an era of increasing reliance on AI.

Effective Jan. 1, 2022, the Workers' Compensation Appeals Board (WCAB) adopted regulations regarding electronic hearings. Remote hearings initially were used during the COVID-19 pandemic, but because such proceedings increased access to the workers' compensation system for parties, their representatives and the public, the WCAB believed that making the changes permanent would benefit the public and the administration of the workers' compensation adjudicatory system.

California Code of Regulations, Title 8, § 10745 states that the WCAB "may order that hearings be conducted electronically." CCR 10750 states that a notice of hearing must include "whether the hearing will be conducted electronically and how to access any electronic hearing."

July was packed with fun, connection, and team spirit across MS&A! From office outings to summer socials, we made time to step away from our desks and enjoy each other’s company.

Swipe through to see how the MS&A team spent July—building camaraderie and making memories along the way!

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, and Facebook. We'd love to have you attend one of our events!

The procedural rules governing discovery in workers' compensation cases serve critical purposes in ensuring fair and efficient adjudication. In particular, Labor Code 5502(d)(3) establishes that discovery closes on the date of the mandatory settlement conference (MSC), with strict limitations on the admission of evidence not disclosed in pretrial conference statements. Those rules are fundamental to the workers' compensation system's goal of expeditious resolution while maintaining due process protections.

On May 16, 2025, the 3rd District Court of Appeal in DPR Construction v. WCAB (McClanahan) (2025) 111 Cal. App. 5th 1136 issued a decision clarifying the discovery rules and addressing the standards for credibility findings under LC 5313. The decision was certified for publication June 11, 2025, ensuring its precedential value across California's workers' compensation system.

Last month was packed with energy, connection, and community! From team-building events and golf tournaments to industry conferences and the Alliance of Women in Workers’ Compensation “All In Summer Mixer,” our MS&A team showed up and got involved.

Swipe through to see some of our favorite moments—we’re proud to be part of such a vibrant industry and even prouder of the people who make it all happen.

If you'd like to join MS&A at one of our upcoming events, just follow us on one of our social media channels--we're on LinkedIn, Instagram, and Facebook. We'd love to have you attend one of our events!