JOB DESCRIPTION AND DUTIES
Under the general direction of the Board Secretary or a Deputy Commissioner, and with broad discretion and independence, the Industrial Relations Counsel III functions at a high level of expertise on the Workers’ Compensation Appeals Board Reconsideration Unit legal staff.
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; serves as an expert legal resource, providing advice and recommendations to the commissioners; performs 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; interprets new laws and rules based on detailed analysis of past legal principles and precedent and its application to new complex workers’ compensation laws; applies research to an individual case or prepares a memo to the commissioners with advice and recommendations as to the application of the research to particular cases; 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 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 the 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 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.
May be assigned as needed 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.
May be given special assignments, including appearances before the Court of Appeal and Supreme Court and prosecution of contempt and disciplinary proceedings.
Completed applications and all required documents must be received by the Final Filing Date in order to be considered.
Final Filing Date: Until Filled
Who May Apply
Individuals who are currently in the classification, eligible for lateral transfer, eligible for reinstatement, eligible for a Training and Development assignment, have SROA and/or Surplus eligibility, or have list eligibility (or are in the process of obtaining list eligibility). SROA and Surplus candidates may attach “surplus letters” to their applications.
Applications will be screened and only the most qualified applicants will be selected for an interview.
How To Apply
Complete Application Packages (Applications and any applicable or required documents) must be submitted electronically through your CalCareer account at www.jobs.ca.gov.
Required Application Documents
Please submit the following items with your application. Applicants who do not submit the required items timely may not be considered for this job:
Electronic State Employment Application through your Applicant Account at www.jobs.ca.gov. All Experience and Education relating to the Minimum Qualifications listed on the Classification Specification should be included to demonstrate how you meet the Minimum Qualifications for the position.
Resume is optional. It may be included, but is not required.
Applicants requiring reasonable accommodations for the hiring interview process must request the necessary accommodations if scheduled for a hiring interview. The request should be made at the time of contact to schedule the interview. Questions regarding reasonable accommodations may be directed to the EEO contact listed on this job posting.
The Human Resources Contact is available to answer questions regarding the position or application process.
Department Website: http://www.dir.ca.gov
Human Resources Contact:
Please direct requests for Reasonable Accommodations to the interview scheduler at the time the interview is being scheduled. You may direct any additional questions regarding Reasonable Accommodations or Equal Employment Opportunity for this position(s) to the Department's EEO Office.
DIR EEO Officer
California Relay Service: 1-800-735-2929 (TTY), 1-800-735-2922 (Voice) TTY is a Telecommunications Device for the Deaf, and is reachable only from phones equipped with a TTY Device.
Preference will be given to persons with State Restriction of Appointments (SROA) or Surplus status. Applicants must attach a copy of their most recently dated letter that specifies their designation as either SROA or surplus candidate 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. Training and Development (T&D) assignments may be considered.
If you do not hear from us in 4-6 weeks, you may assume the position has been filled by another applicant. Please note that all additional vacancies that become available may be added to this advertisement.
If you have inadvertently withdrawn your application or would like to make any updates to your online application, please contact the Certification Unit at (800) 564-0771.