Trial Preparation and Practice—How to Avoid the Most Common Pitfalls

The Hon. Kathleen Boriolo

Santa Rosa, California

Disclaimer: The opinions expressed in this article are the opinions of the author and are not the opinions of The State of California Department of Industrial Relations, Division of Workers’ Compensation, or the Workers’ Compensation Appeals Board.

As California attempts to emerge from the confines of the coronavirus, trials at the WCAB have continued at a steady pace, even with our virtual-only platform. Despite the high volume of trials, or perhaps because of it, compliance with procedural and evidentiary rules has seemingly diminished. This article arises from the most frequent mistakes I’ve observed in my courtroom in the last year. I wrote it to provide a brief overview of the important procedures to follow to avoid common pitfalls in trial, as a primer for new attorneys, and a refresher for more seasoned practitioners.