Note from the Editors

• Publication year: 2022
• Author: VIVIANA SANTIAGO, ESQ.

Note from the Editors

VIVIANA SANTIAGO, ESQ.

ANTIOCH, CALIFORNIA

JUSTIN SONNICKSEN, ESQ.

OAKLAND, CALIFORNIA

The new year has arrived—and with it, Volume 35, No. 3, of the Workers' Compensation Quarterly! We think you'll find an interesting range of timely and diverse topics in this issue.

In "Cannabis and Comp," Randy Pollack discusses the ever-evolving cannabis laws in our state and country and the future of cannabis in the medical treatment of injured workers in California's workers' compensation system. Cannabis is an issue we will inevitably encounter in our practices, and as Mr. Pollack writes: "It's complicated."

"Know Your Burden" by Judge Pamela Pulley provides a detailed look at the burden of proof in trial, including who has the burden and when it has or hasn't been met. The judge discusses its application in different trial scenarios, specifically when AOE/COE, liens and/or apportionment are at issue. As she reminds us, know your burden!

In "Collateral Estoppel and the Impact of a Labor Code Section 132a Trial Decision on FEHA Claims: An Analysis of Kaur v. Foster Poultry Farms," Jim Achermann takes a close look at the way a Labor Code section 132a trial decision can affect a FEHA claim. He examines the issue of collateral estoppel in the case of Kaur v. Foster Poultry Farms and reminds practitioners that litigation in a workers' compensation case can impact, potentially adversely, the rights of injured workers beyond the WCAB.

"MSAs: To Submit or Not Submit?" by Jason Wells addresses the prevalence and dangers of Non-Submit MSAs when settling an injured worker's future medical care. As Mr...