Duty Statement State Compensation Insurance Fund



Employee’s Name (First, Last): ________________________________________________________Program: Legal Department Position’s Authorized Classification (and Range): Attorney VPosition Title: Attorney V – Worker’s Compensation DefenseIncumbent Appointment Classification (and Range): Attorney VCBID: R02FLSA STATUS: Not covered (WWG SE)Work Unit: Workers’ Compensation Defense UnitReport To: Deputy Chief Counsel Location: Position Serial Number: PURPOSE/SCOPE: Demonstrate the highest level of expertise in representing State Fund in handling and litigating the most complex, sensitive and difficult ** workers’ compensation cases and assignments necessary to defend State Fund and its insureds (Serious and Willful (S&W) claims) and State departments (including S&W claims and Labor Code Section 132a claims) before the DWC Workers’ Compensation Appeals Board and at any related administrative proceedings. This position will also provide research and advice to any of State Fund’s Program Managers or Programs regarding a broad variety of workers’ compensation related issues and policy issues.** The Attorney V, with appropriate supervision, is expected to work primarily on the most complex, sensitive and difficult legal cases and assignments, which consist of features including but not limited to the following:Highest impact to the California business environment (employers, employees, the workers' compensation system)Highest political and media impact, implications or sensitivityHighest potential dollar amount of the transaction or risk Highest potential exposure to State FundExtremely difficult cases involving highly experienced and specialized opposing counselPrecedent setting exposure where there is a possibility of the highest impact on State FundHighest level of novel and industry focus on legal issue(s) involved (new or unsettled points of law)Participation/leadership on project type workConsolidations and coordination of multiple parties/issuesHighest potential to appear in multiple (number and variety of) forums and jurisdictionsHighest amount of time/resources needed to litigate (a reflection of the above factors)Broad discretion and greatest independence allowed by the Legal department and under minimal supervisionIn performing the required function, the attorney shall, with the greatest independence allowed by the Legal department: Effectively and competently represent State Fund, its insureds (S&W cases only), and the State Departments under the Master Agreement (S&W and 132a cases) consistent with the law and State Fund’s approved policies, procedures, and guidelinesAdvise and counsel Claims and internal business partnersProvide quality customer service in a timely mannerMaintain a high level of professionalism with State Fund, its insureds, its clients, and the legal communityComply with the Code of ConductMaintain a safe working environmentDefend State Fund against fraudulent activitiesMaintain good customer relationships with internal and external business partners and stakeholdersProperly maintain assigned equipment Supervisor’s Statement: I have discussed the duties of this position with the employeeSupervisor’s Name (print) Supervisor’s Signature Date Employee’s Statement: I have discussed with my Supervisor the duties of the position and have received a copyEmployee’s Name (print) Employee’s Signature Date Duty Statement Origination or Revision Date: March 10, 2016KEY RESULTS/ESSENTIAL FUNCTIONS: In all aspects of performing the following Key Results/Essential Functions, the incumbent will comply with the Code of Conduct and maintain regular and predictable attendance and communication availability during working hours. Employees are responsible for keeping management reasonably apprised of their schedule and whereabouts.The statements contained in this duty statement reflect general details as necessary to describe the principal results/functions of this job. It should not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as assigned, including work in other functional areasKEY RESULT/ESSENTIAL FUNCTION AREAS:40%I.Develop litigation strategy to defend the most complex, sensitive and difficult workers’ compensation cases and issues, including claims for serious and willful misconduct. Attorneys representing the interests of State departments will also handle Labor Code Section 132a cases before the DWC/WCAB.(This is an essential function of the job)A.Conduct a wide variety of researchB.Analyze applicable legal principles and precedents and apply them to assigned cases and assignments in an appropriate and effective mannerC.Analyze claims, legal briefs, pleadings, letters, motions and petitions to evaluate legal issues and formulate responses D.Analyze proposed courses of action to determine whether the action is legal, ethical and consistent with broader policy goals of State Fund and proceed accordinglyE.Interpret and apply authority relating to the case, question or issue presentedF.Prepare litigation including appropriate discovery through depositions, statements of witnesses, review of employment and medical records, and analysis of the medical status of a case, thereby consistently obtaining favorable resultsG.Review all court decisions and file appropriate and timely appeals as requiredH.Timely prepare and respond to discovery requests (including but not limited to subpoena for records or witnesses)I.Timely prepare legal pleadings and communications with stakeholders and the courts, J.Prepare witnessesK.Provide advice and counsel to Claims and other internal business partners in making timely decisions under the law40%petently represent State Fund, its insureds (S&W claims only) and State departments (S&W claims and 132a claims) before the DWC/WCAB and other tribunals such as State administrative law tribunals as may be required throughout California(This is an essential function of the job)A.Conduct negotiations with opposing attorneys, hearing representatives, and outside counselB.Work cooperatively with a variety of individuals and organizations, and maintain the confidence and respect of othersC.Draft settlements and other documents to protect the interests of State Fund, its insureds and/or State agenciesD. Maintain regular and predictable attendance and communication availability during working hours5%III.Legal Liaison/Lead Attorney(This is an essential function of the job)Implement and carry out responsibilities necessary for effective and efficient administration of assigned functions through: formulation of legal opinions in a broad variety of advice matters that are most complex, sensitive, and difficult. Lead and direct litigation teams and work with other attorneys and internal business partners as neededAssist Legal Management in implementing uniform Legal Management procedures, case processing, electronic or digital legal business processes, and case handling metricsLead and assist with projects/initiatives involving assembled teams or efforts at the behest of Legal Management. Effectively handle multiple projects and priorities within appropriate time frames while maintaining a high level of performanceServe as Legal’s representative on various committees such as, but not limited to, those addressing analysis and implementation of legislation and regulation mandatesReview, analyze, and advise Legal Management and other State Fund business units on new and existing legislation impacting State Fund and its policies and operations. Recommend strategies to address newly developing legal issues5%IV.Training(This is an essential function of the job)Develop training materials and conduct training for the Legal Department and other business partners and stakeholders at the direction of Legal ManagementMaintain the highest level of expertise in workers’ compensation issues. Through group and individual training of attorney staff, assist in developing their knowledge, proficiency and mastery; and provide direct and continuous training of legal personnel10%V.Administrative Duties as Assigned(This is an essential function of the job)Report transactions, accurately track time spent on duties, and prepare reports and desired metrics as required and when requested by the Deputy Chief Counsel.Conduct inventory control, including but not limited to case audits, case counts, reviews of files for destruction, and closure of files at the direction of the Deputy Chief Counsel.Maintain user mastery over State Fund’s computer based technologyProvide coverage for Assistant Chief Counsels as needed________ 100%REQUIRED QUALIFICATIONS/COMPENTENCIES (KNOWLEDGE, SKILLS/ABILITIES):KNOWLEDGE AREAS: This practice requires the highest level of expertise in California workers’ compensation laws; legal principles and their application; legal research methods; court procedures; rules of evidence and procedure; administrative law and the conduct of proceedings before administrative bodies; legal terms and forms in common use; statutory and case law literature and authorities; and provisions of laws and Government Code sections administered or enforced.SKILLS/ABILITIES: To analyze applicable legal principles and precedents and to apply them to assigned casesTo write effective and persuasive correspondence, legal memoranda, petitions, pleadings and appealsTo effectively advocate for State Fund verbally and in writingTo communicate professionally and effectively, verbally and in writing, with all customers and stakeholdersTo prioritize and effectively work in a fast paced work environmentTo work independently and collaboratively as a team member with co-workers, management and other business partnersTo provide training to internal and external customers and stakeholdersTo work effectively with State Fund software applications and computer systemsTo develop innovative solutions and strategiesTo interact effectively with potentially uncooperative witnesses and others whose input and/or participation is necessary for successful completion of assignmentWORK ENVIRONMENT:Physical Requirements:Computer data entry, frequent light lifting, bending, reaching, carrying, and telephone workOccasional lifting up to 20 poundsTravel:Travel as necessary to fulfill duties as describedTravel may occasionally be from overnight to five days in durationWork Hours:Employees are expected to work all hours necessary to accomplish their assignments and fulfill their responsibilities. Employees will normally average forty (40) hours of work per week including paid leave; however, work weeks of a longer duration may occasionally be necessary. ................
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