California Applicants' Attorneys Association

To recognize Mental Health Awareness Month CAAA is sharing this timely article with permission By D. Diann Cohen, Vice President of Client Services and Dean of Education at Macro-Pro, Inc.

Mental health conversations are finally becoming more open in both our personal lives and the workplace. That is a good thing. For far too long, mental health struggles were hidden, misunderstood, or treated separately from overall wellness.

As a mother, this subject is deeply personal to me. My son struggled for years with alcoholism, drug addiction, and significant mental health challenges. Like many families facing similar situations, there were difficult days filled with fear, uncertainty, and heartbreak. Watching someone you love battle addiction and emotional pain can make you feel helpless. But there is also hope. Today, my son has been clean and sober for more than eight years. His mental health improved dramatically once he removed alcohol and drugs from his life. One of the biggest turning points in his recovery was when he no longer needed psychiatric medications and could begin rebuilding his life with clarity, stability, and purpose.

What I learned through that journey is something I believe directly applies to claims and workers’ compensation, disability management, and return-to-work discussions: Mental health recovery is rarely about one single solution. It is about rebuilding the whole person. The workplace often focuses on diagnoses, restrictions, medications, and timelines. Those things matter. But real recovery also involves sleep, nutrition, movement, social connection, routine, stress reduction, and purpose.

A recent presentation titled “30 Days to Move the Needle — Deep Dive” by Justin Goodman highlighted several evidence-based lifestyle strategies shown to improve mental wellness, including proper sleep, walking, reducing processed foods, gratitude practices, social connection, nervous system regulation, and addressing nutritional deficiencies. None of these are miracle cures. But together, they create a foundation for resilience. That matters in claims that involve injuries.

When someone is injured, they are often dealing with far more than physical pain. Many experience fear, financial stress, disrupted sleep, anxiety, depression, isolation, or even substance dependency tied to the injury itself. The longer someone remains disconnected from normal routines, work, social interaction, and movement, the harder recovery can become. At the same time, mental health claims introduce another sensitive issue that claims professionals, attorneys, employers, and copy services frequently navigate — medical privacy. In California, mental health records receive some of the strongest privacy protections in the country. Unlike ordinary medical records, psychiatric and psychotherapy records are protected under both federal HIPAA regulations and California’s Confidentiality of Medical Information Act (CMIA), along with California Evidence Code protections surrounding the psychotherapist-patient privilege.

In most situations, these records cannot simply be requested because a claim exists. A properly executed authorization signed by the patient is generally required before release. However, there are situations where mental health records may become discoverable during litigation. Under California Evidence Code §1016, when an injured worker places their mental or emotional condition directly at issue in a claim, certain protections may be partially waived. This can occur in psychiatric injury claims, stress-related claims, emotional distress allegations, or when someone claims they cannot work because of a psychological condition. Even then, discoverability is not unlimited.

California courts typically attempt to balance the need for relevant information against the individual’s constitutional right to privacy. Courts often narrow disclosure to records directly related to the conditions being claimed, particularly because psychotherapy notes and therapist communications receive heightened protection under California law. That balance matters. People should never feel that seeking mental health treatment automatically means every deeply personal conversation will become public. Protecting confidential treatment relationships encourages people to seek care earlier, remain engaged in treatment, and stabilize more successfully. At the same time, when psychological conditions are being affirmatively claimed as part of litigation, there are legitimate circumstances where certain records become relevant to evaluating causation, treatment, disability, apportionment, and return-to-work considerations. These are sensitive issues that require thoughtful handling by all parties involved.

Returning an injured worker to work is not simply about reducing indemnity exposure or closing a file. It is about restoring structure, confidence, dignity, purpose, and human connection. Work itself can become part of recovery. Of course, every situation is different. Some individuals require counseling, medications, structured treatment programs, or long-term psychiatric care. Serious mental health conditions should always be evaluated and treated by qualified professionals. Lifestyle strategies are not replacements for appropriate medical care.

But I believe our industry has an opportunity to think more holistically. What if recovery discussions included sleep hygiene? What if walking programs, nutrition education, and social engagement were encouraged alongside treatment plans? What if we recognized that isolation and inactivity can worsen emotional distress? What if return-to-work programs were viewed not only as cost containment tools, but as pathways back to emotional wellness and stability?

As someone who has witnessed recovery firsthand within my own family, I can say this with confidence: People can recover. People can rebuild. People can regain purpose. And sometimes the smallest daily habits become the first steps toward getting their lives back. That is not just good for claims outcomes. It is good for people.

If you are planning on registering for the CAAA's 2026 Summer Convention do so today and save $, early bird pricing ends tonight at midnight!

Join us at the renowned Omni La Costa Resort & Spa - nestled just north of San Diego in picturesque Carlsbad. Experience California’s foremost workers’ compensation convention, offering an unparalleled opportunity for connection and growth. Network with industry peers, gain invaluable insights, and leave with renewed inspiration, fortified relationships, and a steadfast commitment to advocate for injured workers.

To Register, visit: https://www.caaa.org/?pg=events&evAction=showDetail&eid=322568

Sign up today for CAAA's Summer Convention, before early bird pricing ends in 3 days!: https://www.caaa.org/?pg=events&evAction=showDetail&eid=322568

Also take early peak at one of our featured panels:

Elliot Berkowitz Back to Basics: Medical School for Lawyers

Navigating medical records, diagnostic reports, and clinical terminology can be one of the most daunting challenges attorneys face in practice. In this Back to Basics panel, attorney Robert Mack, Esq. is joined by three medical professionals to bridge the gap between the examining room and the courtroom. The panelists will demystify the medical jargon attorneys encounter daily, with a focused discussion on the most common injuries and diagnoses seen in clinical practice. They will also break down the terminology found in diagnostic test results, making it accessible not just for attorneys, but for the clients they serve. Attendees will leave with a stronger command of medical language and the confidence to discuss complex medical issues clearly and effectively with their clients.

Panelists:
Robert Mack, Esq. (moderator)
Dr. Ryan Derby
Dr. Matthew Johnson
Dr. Yolanta Petrofsky

Californians Pay the Price for Weak Worker Safety

Despite recent improvements in workplace fatality numbers, hundreds of California workers are still losing their lives in preventable incidents on the job each year. According to data from the Census of Fatal Occupational Injuries cited by Cal/OSHA, 419 California workers died from workplace injuries in 2024. Cal/OSHA pointed to a continued decline in workplace fatalities, noting that deaths have decreased 17 percent since 2022.

While the downward trend reflects progress, labor advocates caution that the overall numbers remain unacceptable, particularly as California continues to struggle with longstanding staffing shortages and enforcement limitations within Cal/OSHA. Without enough boots on the ground to proactively investigate complaints, conduct inspections, and follow up on violations, workplace safety protections have become reactive rather than preventative. The AFL-CIO’s newly released “Death on the Job: The Toll of Neglect” report paints a broader picture of a national workplace safety system under significant strain. The report found that 5,070 workers were killed on the job nationwide in 2024, while an estimated 135,000 workers died from occupational diseases tied to workplace exposure.

These findings reflect challenges very familiar to many of California’s worker advocates, where limited investigative resources and a lack of sufficient safety inspectors have strained the ability of workplace safety agencies to keep pace with the hazardous working conditions across the state. The report highlighted that the most hazardous industries for workers continue to be construction, warehousing, agriculture and manufacturing. The report also identified heat illness, workplace violence, and repetitive stress injuries as heightened threats to worker safety across the country.

These statistics reinforce the continuing importance of strong workplace safety enforcement and access to the workers’ compensation system. Although California has made progress in reducing workplace fatalities, the combination of understaffed enforcement agencies, emerging workplace hazards, and increasing production pressures continues to put workers at risk. Behind every statistic is a worker, a family, and a community permanently impacted by a preventable injury or death. As workplace safety enforcement challenges persist at both the state and federal levels, applicants’ attorneys remain on the front lines advocating for injured workers and helping ensure that accountability does not disappear alongside shrinking enforcement resources.

Check out the QME education opportunities at this Summer's CAAA Convention!:

The Road Better Taken: Almaraz Guzman to Kite to Vigil

This focused panel will walk through the general development of ADLs, break down how to effectively apply the laws of Guzman and its progeny, including Vigil, in your evaluations, and provide practical strategies for confidently defending your opinions during deposition.

Whether you're refining your methodology or strengthening your deposition skills, this session offers clear, actionable guidance from experienced medical and legal professionals who navigate these challenges every day.

Panelists:
Adam Dombchik, Esq. (moderator)
Dr. Steven Brourman
Dr. Chris Chen
Dr. Michael Dillingham

Sign up today at: https://www.caaa.org/?pg=events&evAction=showDetail&eid=322568

DWC Audit Raises Concerns Over Unpaid Benefits and Systemic Violations

California’s workers’ compensation system returned more than $1 million in administrative penalties through audits in 2024, according to a newly released annual report from the California Division of Workers’ Compensation’s Audit & Enforcement Unit. The report details the results of 40 audits conducted on insurers, self-insured employers, and third-party administrators, covering nearly 2,700 claim files statewide. Auditors identified 4,531 violations and assessed more than $1.35 million in penalties, with approximately $1.01 million ultimately subject to collection.

These findings offer another window into ongoing compliance problems within the workers’ compensation system. Among the most concerning statistics in the report was that auditors found unpaid indemnity benefits in more than 10% of reviewed claims. As a result, the Audit Unit issued 275 notices of compensation due totaling more than $442,000, including unpaid temporary and permanent disability benefits owed to injured workers. The report also found that eight audit subjects failed initial performance reviews and were moved into more extensive compliance audits, with five ultimately failing the second-stage review entirely, receiving penalties for all violations found.

The findings of this audit show the limits of the current enforcement structure. Although thousands of violations were identified, 32 of the 40 audited entities avoided financial penalties because they met or exceeded minimum performance standards under California law. Even where violations were found, many employers and carriers were only required to pay benefits that should have been issued in the first place. Separately, the Audit & Enforcement Unit reported handling 560 complaints in 2024, recovering an additional $1.18 million in payments to injured workers and providers through complaint-driven investigations.

This report reinforces concerns that delays, underpayments, and claims handling violations remain persistent features of the system rather than isolated incidents. It also emphasizes the critical role applicants’ attorneys continue to play in identifying compliance failures and ensuring injured workers receive the benefits they are legally entitled to. As enforcement challenges and audit findings continue to undermine injured workers, the need for strong advocacy and accountability within the system remains as important as ever

2026 Summer Convention Panel Spotlight:

Explore the critical intersection of gender and workplace injury at the Christel Schoenfelder Memorial Panel: Women’s Issues in Workers’ Compensation.

This important discussion will examine barriers women face in accessing care for industrial injuries, including often-overlooked conditions. Panelists will address compensable consequences unique to women and provide practical guidance for PTPs, QMEs, and AMEs treating and evaluating female patients.

Join us for a thoughtful and informative session that highlights the complexities of women’s health in the workers’ compensation system, and what professionals need to know to better serve their clients.

Panelists:
Laura Rosenthal, Esq. (moderator)
Michelle Gearhart, Esq.
Dr. Rachyll Dempsey
Dr. Shadi Yagoubian

Sign up today at: https://www.caaa.org/?pg=events&evAction=showDetail&eid=322568

As concerns grow over how artificial intelligence is reshaping the workforce, California legislators are taking a step to more fully understand the consequences. Assembly Bill 2545, authored by Asm. Pilar Schiavo, proposes a comprehensive study of how the rapidly evolving technology is impacting jobs across industries. At a time when headlines often focus on disruption, AB 2545 reflects an effort to understand the scope of change before crafting possible policy solutions.

The legislation would create the California Artificial Intelligence Worker Impact Data Assessment Project within the California Employment Development Department. This study proposes to analyze how AI is influencing employment trends and produce recommendations to support workers affected by these shifts. Early data suggests that AI is already contributing to job displacement, particularly in roles involving repetitive or automatable tasks such as customer service, accounting, and administrative work.

Beyond employment, the rise of AI also carries potential fiscal consequences. With a significant portion of government revenue derived from income and payroll taxes, large-scale job displacement could impact public funding streams. While projections vary, the underlying concern is clear: as AI continues to reshape the labor market, its ripple effects may extend far beyond individual workers to the broader economy. The California Chamber of Commerce who has led the opposition to AB 2545, has shifted to a neutral position following recent amendments focusing the bill on research, rather than regulation.

For California Applicants’ Attorneys, these developments underscore the importance of staying ahead of how AI is reshaping both the workforce and legal practice. CAAA is actively engaging with these issues through our educational opportunities, including a recent webinar “AI is a Tool, Not a Trap: Ethical Boundaries for Lawyers”, which explores the key risks practitioners face when using AI tools and reviews guidance from the State Bar of California on professional responsibilities, including competence and confidentiality. Also, our upcoming convention will feature a panel titled, “The Use of AI in the Practice of Workers’ Comp Law and Medicine,” designed to help practitioners navigate emerging ethical considerations, understand how AI may influence evidence and case strategy, and ensure that new technologies are used to strengthen rather than undermine the representation of injured workers.

On May Day, CAAA recognizes the generations of workers who fought for the rights many still rely on today. From safer workplaces to fair wages and access to medical care, these protections were never freely given. They were won through collective action, advocacy, and persistence. Today is a reminder of the critical role we play in carrying that legacy forward standing with injured workers, holding employers accountable, and ensuring the workers’ compensation system delivers on its promise. Today and every day, we stand with workers.

At the upcoming CAAA Summer Convention you can earn your Technology and Competency Credits back-to-back on Sunday!

The Use of AI in the Prctice of Workers' Comp Law and Medicine:
AI tools are reshaping how attorneys and physicians work — and workers' compensation practitioners need to understand both the opportunities and the risks. This panel will examine the growing prevalence of tools like ChatGPT, how AI is being used in medical offices, and practical steps attorneys and doctors can take to avoid malpractice and professional pitfalls as these technologies become part of everyday practice. AI won’t replace attorneys or doctors but attorneys and doctors who use AI will replace those who don’t.

Panelists:
Benjamin Helfman, Esq. (moderator)
Ken Satkunam, Esq.
Dr. Richard Levy

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How to Manage Stress in your Legal Practice:
Discover practical strategies to take control of stress in your legal practice. This panel explores how to set clear, healthy boundaries with clients, build a more sustainable work/life balance, and incorporate simple daily techniques to stay focused and resilient. Walk away with tools you can apply immediately to protect your time, energy, and well-being without compromising your professional standards.

Panelists:
Zachary Kweller, Esq. (moderator)
Lucia Galindo
Dr. Gabrielle Reiman

Register for convention today at: https://www.caaa.org/?pg=events&evAction=showDetail&eid=322568