Under the general direction of a Deputy Commissioner in the Reconsideration Unit of the Workers’ Compensation appeals Board, and with broad discretion and independence, the IRC III duties are as follows:
The IRC III 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. In this capacity, the IRC III serves as an expert legal resource, providing advice and recommendations to the commissioners. Cases assigned to the IRC III generally require in-depth research in the new and emerging areas of the workers’ compensation laws and into non-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. This requires interpretation of new laws and rules based on detailed analysis of past legal principles and precedent and its application to new complex workers’ compensation laws. The result of the research may be applied to an individual case or may result in a memo to the commissioners with advice and recommendations as to the application of the research to particular cases. The research results and recommendations may also provide policy and program direction to commissioners and staff as a whole. The IRC III assists in the training of attorneys at lesser levels with regard to law, policy and procedures of the Board, advises and guides new lower level attorneys in the handling of cases and legal problems, and may perform Deputy Commissioner duties in the absence of the Deputy.
The IRC III 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. This may include the follow-up appellate work (answer and appearance) if the Appeals Board decision is challenged in the Courts of Appeals.
The Industrial Relations Counsel III must be available in his/her office continuously and 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.
The Industrial Relations Counsel III may be assigned to review incoming petitions for appellate writ, outline the issues presented, identify possible errors in the Board’s decision, determine whether there are matters raised which would require Board 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 Board, and supervise the preparation of certified copies of Board case records for review by the appellate courts.
The Industrial Relations Counsel III may be given special assignments, including appearances before the Court of Appeal and Supreme Court and prosecution of contempt and disciplinary proceedings.
Applicants who apply to this position must meet the following minimum qualifications:
Active membership in the California State Bar.
At least four (4) in the practice of law (i.e. legal experience acquired after admission to any State Bar) that includes experience in the practice of law dealing one or more of the following: fair employment; workers’ compensation; wages, terms and conditions of employment; occupational safety and health; or other areas of labor law, or employee-employer-related matters. Experience in practice of law that exclude the above laws, or non-attorney but labor law related work experience will not be counted.
Applicants who submitted their applications but do not meet the above qualifications will not be forwarded to the hiring division(s).
Preference will be given to persons with Super State Restriction of Appointments (Super SROA). Applicants must attach a copy of their most recently dated letter that specifies their designation as proof.
Qualified candidates must have eligibility in State employment, be in a reachable rank on an employment list for this classification, be currently in this classification, or have transfer eligibility to this classification. Please clearly state your eligibility in the “Explanations” Section on your application.
All applicants will be screened for breadth and depth of experience. Only the most qualified applicants will be contacted for interviews based on screening criteria.
To be considered for this vacancy you must have transfer eligibility based on present or past state civil service eligibility, or passed the Attorney level exam. DIR appropriates the Attorney classification for our Industrial Relations Counsel positions. To learn how to become a civil service employee, visit the State Personnel Board's website: www.jobs.ca.gov.
Applications (Standard form 678) must be received in our San Francisco office no later than the close of business of the final filing date via postal mail, personally delivered or inter-office mail. Applications received after the final filing date will not be accepted.
Applicants: Please write the position number listed below on the section “Examination(s) or job Title(s) for which you are applying” on the Standard Form 678.
Applications will not be accepted via email or FAX.
If you do not hear from us in 3-4 weeks, you may assume the position has been filled by another candidate.
Industrial Relations Counsel III
400 - 330 - 6180 - xxx
Final Filing Date:
HR - Certification Unit P O Box 420603 San Francisco 94142-0603
1 (800) 564-0771
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