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Duty StatementPOSITION BEING FILLED (CLASSIFICATION):Industrial Relations Counsel IIIWORKING TITLE:IRC IIIPOSITION NUMBER:400-330- DIVISION:Workers' Compensation Appeals BoardLOCATION:455 Golden Gate Avenue, Suite 9328, San Francisco, CA 94102 FORM 1#:004917TENURE:PermanentTIME BASE:Full TimeWWG:ECBID:M01WORK SCHEDULE:M – FWORKING HOURS:8:00 am to 5:00 pmCONFLICT OF INTEREST FILING (FORM 700)REQUIRED ? NOT REQUIRED ?GENERAL STATEMENTThe statements contained in this job description reflect general details as necessary to describe the principal functions of this job. It should not be considered an all-inclusive listing of the work requirements. The incumbent of this position may perform other duties (commensurate with this classification) as assigned, including work in other functional areas to cover during absences, to equalize peak work periods or to otherwise balance the workload.Under the general direction of the Appeals 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, with the program and policy responsibilities outlined below. % OF DUTIESESSENTIAL FUNCTIONS65%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 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.10%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.15%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. MARGINAL FUNCTIONS10%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.CONDUCT, ATTENDANCE, AND PERFORMANCE EXPECTATIONSThis position requires the incumbent to communicate effectively orally and in writing in dealing with the public and/or other employees; develop and maintain knowledge and skills related to specific tasks, methodologies, materials, tools, and equipment; complete assignments in a timely and efficient manner; and, adhere to departmental policies and procedures regarding attendance, leave, and conduct. Must maintain regular and acceptable attendance at such level as is determined at the Department’s sole discretion. Must be regularly available and willing to work the hours the Department determines are necessary or desirable to meet its business needs.EMPLOYEE ACKNOWLEDGEMENTI have read and understand the duties listed above and I certify that I possess essential personal qualifications including integrity, initiative, dependability, good judgement, and ability to work cooperatively with others; and a state of health consistent with the ability to perform the assigned duties as described above with or without reasonable accommodation. (If you believe reasonable accommodation is necessary, discuss your concerns with the hiring supervisor. If unsure of a need for reasonable accommodation inform the hiring supervisor, who will discuss your concerns with the Office of Civil Rights).89344514351000Print Employee Name Employee Signature DateSUPERVISOR ACKNOWLEDGEMENTI certify this duty statement represents current and an accurate description of the essential functions of this position. I have discussed the duties of this position with the employee and provided the employee a copy of this duty statement. Print Supervisor Name Supervisor Signature Date ................
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