Governor Newsom just signed Assembly Bill No. 2337 which authorizes the use of electronic signatures in proceedings before the Workers’ Compensation Appeals Board.

On March 18, 2020, shortly after Governor Newsom declared a state of emergency in response to the spread of COVID-19, WCAB issued an en banc decision, Case No. MISC. NO. 260, with several orders, including authorization to use electronic signatures on compromise and release agreements. When the state of emergency was terminated by the Governor on February 28, 2023, WCAB issued another en banc decision, Case No. MISC. NO. 268, rescinding provisions of en banc orders made during the state of emergency, including those relating to the authorized use of electronic signatures, as contained in Case No. MISC. NO. 260.

With the rescission of that order, electronic signatures are no longer being allowed in workers’ compensation proceedings as they are not explicitly authorized under the Labor Code. This new law codifies the authorized use of electronic signatures on documents filed in proceedings before the WCAB.

The California Lawyers Association, Workers’ Compensation Section, the sponsor of this law, writes in support noting: “Electronic signatures were used effectively in workers’ compensation proceedings for three years during the state of emergency. California explicitly authorizes electronic signatures in civil proceedings, where they are widely and effectively used. AB 2337 follows a long line of legislation in California permitting electronic signatures in various areas. There were no arguments in opposition.

The following two sections were added to the Labor Code.

110.5. For the purpose of this chapter and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code.

3206.5. For the purpose of this division and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code.