CLA WC Executive Committee Authors Legislation to Allow for Electronic Signatures

Sacramento, CA —  On September 22, 2024, California Governor Gavin Newsom signed into law, California State Assembly Bill 2337 which amends California Labor Code sections 17 and 5003 to allow for electronic signatures throughout all workers’ compensation proceedings.  The bill, which was introduced by Assemblymember Diane Dixon of Orange County in February, 2024, was authored, co-sponsored and supported by the California Lawyers Association, Workers’ Compensation Section.  Jason Wells, co-chair of the Legislation subcommittee of the CLA WC Section remarked, “This legislation brings the WCAB on par with other court systems, such as the Superior Court of California, where electronic signatures have been permitted for the past several years now.” 

During the COVID-19 pandemic, an En Banc decision of the WCAB number 260 suspended enforcement of 8 CCR 10500 (b)(6) which regulated signatures on Compromise and Releases and allowed the use of electronic signatures.  On February 28, 2023, Governor Gavin Newsom terminated the state of emergency.   Accordingly, on March 22, 2023, the Workers’ Compensation Appeals Board issued En Banc decision 268, which rescinded En Banc decision number 260.  Thus, rescission of En Banc number 260 resulted in the reinstatement of the previous rule requiring what is commonly referred to as “wet signatures” on all documents filed with the WCAB. 

Santa Rosa based applicant’s attorney and member of the CLA WC section Legislation subcommittee, Laura Chiyono Rosenthal, stated upon the introduction of the bill, “The suspension of the requirement of “wet signatures” during the pandemic showed that our community can successfully work in a system that allows electronic signatures across the board.”

Scott Silberman, a partner at applicant’s attorney firm of Silberman & Lam in Orange County and member of the CLA WC Executive Committee described the benefits of the new law:  “Having a practice that spans over multiple boards, our office saw various interpretations of what is required for a signature. While most judges accepted an e-signature, some judges pointed to the EAMS e-filing handbook which designates a “wet” signature for some documents without giving a definition.  A few judges also applied the EAMS e-filing handbook to walk-through or mail in cases where no e-filing occurred. This legislation provides uniformity, across-the-board which will be helpful to all practitioners.”

Saul Berkovitch, CLA Chief Governmental Affairs Officer, explained that prior to Governor Newsom signing the bill, it passed both chambers of the Legislature unanimously.  Mr. Berkovitch said, “The CLA is proud to have been at the forefront of authoring this legislation which found wide support among our members.  This new law modernizes the manner in which documents can be signed in California Workers’ Compensation proceedings.  We are so happy to have been able to spearhead this commonsense measure that ensures efficiency and consistency, removing unnecessary barriers in the process.”

The new law will take effect on January 1, 2025.