Hanna & Brophy. Workers Comp Bingo Workers Compensation & Liability Legislative and Case Law Update. Created by:

Size: px
Start display at page:

Download "Hanna & Brophy. Workers Comp Bingo 2014. Workers Compensation & Liability Legislative and Case Law Update. Created by: pliu@hannabrophy."

Transcription

1 hannabrophy.com Bakersfield Fresno Los Angeles Oakland Orange Redding Riverside Sacramento Salinas Hanna & Brophy Workers Comp Bingo 2014 Workers Compensation & Liability Legislative and Case Law Update San Diego San Francisco Santa Rosa Stockton Keith Epstein Hanna Brophy Oakland Office Created by: Greg Stanfield Hanna Brophy Oakland Office Joseph Todoroff Hanna Brophy Sacramento Office Roberto Gonzalez Hanna Brophy Salinas Office Kelsey Fisher Hanna Brophy Santa Rosa Office Kate Holland Hanna Brophy Salinas Office Tara Fitzpatrick Hanna Brophy Sacramento Office Jessie Zaylia Hanna Brophy LA Office Matthew Barravecchia Hanna Brophy Bakersfield Office Alison Brown Hanna Brophy San Diego Office Enny Van Hanna Brophy Orange County Vanessa Spencer Hanna Brophy Oakland Office Matthew Bowden Hanna Brophy Oakland Office Peter Liu Hanna Brophy LA Office Hanna Brophy, LLP Firm (510) Scanning Center P.O. Box Oakland, California Katherine Nowak Hanna Brophy Orange County

2 Hanna & Brophy, Workers Compensation Bingo Legislative and Case Law Update (Warning: Facts will vary outcomes, seek legal advise for your specific issue or dispute) Apportionment No 100% Award When There are Successive Injuries Rated Separately - Jed is a computer installation technician who sustained an injury in July 2001 to his neck, right arm and psyche. In August 2004 he filed a cumulative claim to multiple body parts, including those involved in the 2001 specific injury. The orthopedic and psyche AMEs found that Jed was quite disabled, and issued ratings for several different body parts, and providing apportionment between the two claims. The WCJ awarded 100% PD on the cumulative claim, which she deemed indicative of Jed s significant ratings and overall inability to work in the open labor market. Does Jed get the 100% award on appeal? Answer: B - Jed does not get the 100% Award since the AMEs apportioned disability between the specific and the cumulative injury, apportionment applies and precludes a 100% award on just the cumulative injury. Under Benson each injury must stand on its own. There was no vocational evidence and that precludes the Judge from determining that Applicant could not compete in the open labor market. Southern California Edison v. WCAB (Martinez) (2013) 78 CCC 825, 41 CWCR 189 (Bingo 16) No 100% Award Even if Prior Award had no Vocational Disability - William Bud Lyght, a steelworker, sustained an industrial hearing loss injury in a plant explosion in 1994, which resulted in a 22% PD award. The hearing loss did not affect his ability to work. He returned to the same job and later filed a new cumulative hearing loss injury. The AME found that Applicant now had 100% hearing loss, but with apportionment to the 1994 explosion. The vocational expert found that Applicant was unable to find work because of his hearing loss and therefore 100% disabled. The Judge found that since the prior 22% Award did not affect earning capacity, that the finding of 100% PD due on a vocational basis was appropriate without apportionment, and issued a 100% PD Award. Does the Award stand? Answer: C - Bud does not get the 100% Award, because even thought he hearing loss on the prior award did not preclude Applicant s return to work, the later 100% hearing loss must be apportioned in part to the prior hearing loss, and thus the vocational disability cannot be placed all on the later cumulative claim. Acme Steel, et al. v. WCAB (Borman) (2013) 218 Cal. th App , 78 CCC 751. (Bingo 26) Discovery & Procedure, Attorney Fees, Bill Review Regulations Defendant Entitled to Vocational Evaluation - Marty Manager sustained a cumulative trauma to his low back through his last day of employment, January 10, /2010. Marty had been evaluated by an AME who found 30% PD, however, Applicant expressed his intention to be evaluated by DFEC expert. Can the WCJ compel Applicant to attend Defendant s own vocational rehabilitation evaluation? Answer: C - Yes, the WCJ can compel Applicant to attend Defendant s vocational evaluation. Labor Code 5708 and Rule grant the WCJ discretion to determine all issues of fact and law and issue final orders as may be necessary to the full adjudication of the case and in this instance because DFEC was still at issue the judge can compel attendance at a defense vocational evaluation. Holz v. Gottchalks. (2013) 41 CWCR 41 (Bingo 6)

3 No CA Jurisdiction for Out of State Employee Hurt in CA - Duncan is a rodeo rider employed by an Ohio based circus, in the past year Duncan performed 16 times in many different states and once in California. The frequent backflips between galloping horses took its toll and Duncan filed a CT claim in California. The circus furnished workers comp coverage under Ohio law while Duncan performed in California. Why will Duncan s claim in California be dismissed? Answer: B - in a complex decision, it was held that California workers compensation law does not apply where: (1) the employee is hired outside of California, (2) the employee s presence in California was temporary, (3) the employer furnished coverage under another state s workers comp laws while the employee was in California, (4) the other state recognizes California s extraterritorial provisions, and (5) the other state reciprocally exempts California employers and employees covered by California work comp law. Carroll v Cincinnati Bengals (2013) 78 CCC 655 (Bingo 25) Removal proper if Discovery Improperly Closed at MSC, Sanctions Issued for Reconsideration Petition - Mickey Mouse was injured in the course of his employment as an entertainer when an overweight child jumped on him. The claim resolved by Stipulations & Award, but 6 months later, Mickey filed a Petition to Reopen. Mickey filed a DOR and at the MSC, Defendant Donald Duck requested that the case go off calendar to allow for a vocational rehab evaluation. The judge denied Donald s request, closed discovery, and set the case for trial. Donald petitioned for removal and/or reconsideration. Is the Petition granted? Answer: D - Removal granted, Reconsideration denied and sanctions issued. LC 5900(a) provides for reconsideration only of a final order, decision, or award. A final order is one that determines a substantive question. Closing discovery and setting the matter for trial is procedural because nothing substantive has been determined. Sanctions are appropriate where there is no basis for seeking reconsideration, even though the Removal petition was proper. Malinowski v. HSM Electronic Protection Services, Inc. (2013) 41 CWCR 121, 2013 Cal. Wrk. Comp. P.D. LEXIS 214. (Bingo 17) Employer Witness Entitled to Attend Applicant Deposition - Kim filed an application alleging she sustained a cumulative trauma injury in the course of her employment as a reality star for a popular cable television channel. The defendant scheduled her deposition at the office of her attorney. Kim appeared at the time and place, but refused to go forward in the presence of the employer s representative. Defendant petitioned for an order that the deposition proceed in the representative s presence. Choose the best answer on how the Board should rule. Answer: B - The deposition goes forward with the employer s representative present unless Kim can prove she would be subjected to unwarranted annoyance, embarrassment or oppression with the employer s representative present at the deposition. Applicant s fear of intimidation is not a sufficient reason to exclude the employer s representative from the deposition. This is especially true because applicant s attorney would be present and could remedy any improper behavior. Yera v. Nat l Union Fire Ins. Co. of Pittsburgh (2013) 41 CWCR 122, 2013 Cal. Wrk. Comp. P.D. LEXIS 189. (Bingo 33) Neither Removal nor Reconsideration Proper when Judge Orders Spanish Speaking QME - Marie is rear ended on her way to work and her workers compensation claim is denied based on the going and coming rule. At the MSC she demands to be evaluated by a Spanish speaking neuropsychologist. The Judge agrees and orders the evaluation. Defendants filed a Petition for Reconsideration, or in the alternative a Petition to Remove. What is the correct ruling? Answer: B - Both the Petition for Reconsideration and the Petition to Remove are improper, because interlocutory orders that do not determine substantive rights are not final orders subject to reconsideration, and a party must show substantial prejudice or irreparable harm for removal to be granted. The Labor Code does not provide for language specific medical evaluators. Estrada v. Liberty Mut. Ins. Co. (2013) 41 CWCR 96, ADJ FRE , Dec. 28, (Bingo 38)

4 Hearing Representatives Can Be Sanctioned by WCAB - Gatsby is a hearing representative representing injured workers for 15 years. Because he didn t go to law school, he didn t have $200,000 of student loans looming over him like a storm cloud. Instead, all of his earnings went to buying Armani suits and throwing lavish parties. As time passed, he started cutting corners, filing claims for non-existent psych injuries, ignoring sanctions, and even admitted to not knowing the law on apportionment. Fed up with Gatsby s antics, the Board unanimously determined that this pattern of sanctionable conduct was good cause to suspend his privilege to appear in any WCAB proceeding for 90 days. Gatsby was outraged and filed petitions stating that the WCAB had no jurisdiction over him. Is Gatsby right? Answer: D D. No, under LC 4907, the WCAB has the power to remove, deny, or suspend a non-attorney hearing representative from appearing before the WCAB. LC 4907 was enacted to allow the WCAB to hold hearing representatives to the same standard as lawyers who must show good moral character, complete rigorous educational or apprenticeship requirements, and pass examinations in both general law and professional responsibility before being admitted to the bar. In re Escamilla (2013) 41 CWCR 33 (Bingo 31) AOE/COE Is Not a Proper Bill Review Objection - Dr. Longbottom was selected as panel QME to evaluate Martha Mindful for an alleged psyche injury. After three re-evaluations and a deposition, Dr. Longbottom concluded Ms. Mindful s psyche troubles were caused 100% by non-industrial factors and are therefore not compensable injuries. Which of the following are potential valid objections to Dr. Longbottom s billing? Answer: C. AOE/COE is not a valid objection because these expenses are often incurred to determine the compensability of the underlying claim. Within 60 days after receipt of the bill, payment must be issued with an Explanation of Review that defines the basis for payment denial. Beware that if your objection is for a threshold issue and the medical-legal provider objects to the denied payment within 90 days you must file a Petition for Determination of Non-IBR Medical-Legal Dispute and a DOR within 60 days of the medical-legal s objection. Cal. Lab Code 4622(c) and Cal. Reg (Bingo 27) Lien Claimant Cannot Collect if No Objection Within 90-Days After Bill Review Decision - Sasha Singer is treating with Dr. Lumbar, who requested 12 chiropractic treatments which was approved by UR. Chiropractic care was provided by Crack Clinic, a member of your MPN, and the bills were paid in part within 60 days with an Explanation of Review denying the portions of the bills that exceeded OMFS. Crack Clinic did not object, but they appeared at the first lien conference a year later demanding payment of the unpaid portions. How should the WCAB Rule? Answer: D - No further payment is owed because Crack failed to object to the payment denials within 90-days of the Explanation of Review. If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment. Cal. Lab. Code (e)(2). (Bingo 34) Injury AOE/COE, Presumptions Heart Presumption Rebutted. Officer Murtaugh has been a member of the SFPD since In the 80s he began to experience heart problems. Throughout the years he suffered multiple heart related injuries, with the reporting physicians all determining the heart injuries to be industrial based on the police officer presumption. He now seeks an industrial disability retirement (IDR). Dr. Downer reviewed the medical history and concluded that the pathology would have occurred and progressed at the same time absent the police officer employment. The retirement board denied the IDR based upon Dr. Downer s opinion. Who wins on appeal? Answer: D. Officer Murtaugh does not get the IDR, because prior reports do not have to be

5 followed, and Dr. Downer s report rebutted the presumption by providing a thorough analysis of the medical history showing the pathology and heart injury would have progressed the same even without the police officer employment. Kirk v. Retirement Board of the city and County of Sanc Francisco, (2013) 2013 Cal. App. Unpub. LEXIS 2378; 78 Cal. Comp. Cases 585. Permanent Disability 2005 PDRS Inappropriate for Cumulative injury: Thomas Brady played quarterback for the New England Patriots from 1988 to During his time in New England he suffered injuries to both knees. New England traded him to the San Francisco 49ers where he played for nd two years. Tom injured his left knee again in 1992 and had his 2 knee surgery. An MRI from 1992 also showed evidence of objective disability. Tom filed an Application in 2012 which alleged injury to his left knee of CT to Should the 1997 or 2005 rating schedule apply. Answer: A - The 1997 PDRS applies. If there is a medical report showing either objective or subjective factors of disability prior to 1/1/2005, the 1997 PDRS schedule is appropriate for the award of PD for a CT. In this instance the 2005 schedule applied because there was evidence of PD prior to 1/1/2005 via the MRI, pursuant to 4600(d). Turner v. Nat l Union Fire Ins. Co., 41 CWCR 39. ADJ , Feb. 6, 2013, Order Denying Reconsideration. (Bingo 1) DFEC Defense Must Look at Earning Capacity, Not Just Actual Earnings: While in hot pursuit of the Riddler, Robin trips and falls onto his hands breaking his wrists. Robin returns to work but is unable to do some of his usual and customary tasks. Mr. Wayne is able to accommodate this restriction because he has hired Batgirl to help out. Defense attorney seeks to rebut the diminished future earning capacity (DFEC) factor in resolving PD based on the theory that Robin s post injury pay remains the same. Will Defendant be able to rebut the use of the DFEC factor on that theory? Answer: C. The challenge to the DFEC fails, because the defense only looked at post-injury earnings, and failed to consider the effect the disability would have on potential future earnings capacity. Chase v. Contra Costa Mosquito & Vector Control District (2013) 41 CWCR 117 (Bingo 2) No DFEC rating when Applicant may benefit from Voc Rehab - Lisa s lifelong dream was to perform on Broadway, but after years of failed auditions, she took a job delivering singing telegrams. Lisa suffered a work injury and was unable to sing anymore, but her brother-in-law took pity on her after the accident and hired her to manage his small local theater for the same salary she made delivering telegrams. The QME on Lisa s case provided 21% WPI, but Applicant s vocational rehabilitation expert testified at trial that Lisa s work preclusions caused a 65% DFEC, though he also felt that Lisa may benefit from voc rehab. The WCJ found that applicant sustained 65% PD. Defendant s petition for reconsideration will be granted. Why? Answer: A. In order to rebut a scheduled rating using DFEC, it must be shown that, due to the industrial injury, the employee would not benefit from rehabilitation. Gerton v City of Pleasanton (2013) 2013 Cal. Wrk. Comp. P.D. LEXIS 105, 41 CWCR 147. (Bingo 23) Medical Treatment & Utilization Review Issues MPN Can Terminate a Doctor from the MPN - Dr. Rogue is in the employer s MPN and has made it a habit of prescribing nonstandard treatments including retail therapy, wasabi massage, and plastic surgery. His theory is, If you look fabulous, you will feel fabulous. Results vary. Dr. Rogue ignores all requests for information from UR and continues to prescribe the non-standard treatments.the MPN terminates Dr. Rogue without employing the 3-step disciplinary process the contract requires. Dr. Rogue sues for breach of contract. Choose the best answer.

6 Answer: A. Dr. Rogue loses. The Court of Appeals held that the MPN was within its rights to terminate the doctor where he was not responding to requests to evaluate the appropriateness of the treatments and where he was continuously prescribing non standard treatments without providing justification in each of the cases because it was clear to the court the physician would continue these behaviors regardless. Roger v. CorVel Healthcare Corp. (2013) 2013 Cal. App. Unpub. LEXIS 3489; 78 Cal. Comp. Cases 638. (Bingo 4) Civil Liability Homeowner Not Liable to Third Party for Serving Alcohol to Homeworker - Barry Brewsky hires Woody Woodworker to build a deck in Barry's backyard. After a long day's work, Barry hands Woody a beer (Woody is over 21 years old), and the two admire the deck. They have another round. Then another. Woody drives home and runs over an elderly lady in the crosswalk, who in turn sues both Woody and Barry. Will Barry Brewsky have to pay out the big bucks? Answer: B - No, Barry is not liable for merely furnishing alcohol to Woody. A homeowner who merely furnishes alcohol at their residence is not liable when it causes injury to another. The exception is when an adult knowingly gives alcohol to a person under 21 years of age at the adult's residence. The elderly lady can sue Woody, but Barry is not going to be liable, regardless of whether he knew that Woody would have to drive after consuming the beers. Rybicki v. Carlson et al. (2013) 216 Cal.App.4th 758 (Bingo 3) Plaintiff has the Burden of Proof to show Employee acted in the Course and Scope of Employment - Ethel Smethel sues Taxi Company because one of its drivers, while driving one of the company's cabs, negligently ran over her prized petunias, which were resting along the curb of her front yard. Taxi Company contends at trial that they are not responsible for the damaged petunias because Taxi Driver was not acting in the course and scope of his employment when he ran over the petunias. Choose the best statement. Answer: A. Ethel has the burden to proof, and must present evidence at trial to convince the trier of fact that Taxi Driver was acting within the scope of his employment when he destroyed the flowers. It is not the company's burden to prove otherwise. Perry v. County of Fresno (2013) 215 Cal.App.4th 94 (Bingo 5) County Not Liabile for Failure to Put Warnings on Trails - Yosemite boasts its beautiful trails as a way to boost tourism. Tina Tourist tripped over a tree trunk while trotting through trails in Yosemite. She sued the County of Mariposa, alleging that the County negligently failed to post warnings regarding a dangerous condition. Who wins? Answer: C - The County wins. Public entities have 100% immunity from liability when injuries are caused by conditions of trails that are used for recreational purposes. It's true. Montenegro v. City of Bradbury (2013) 215 Cal.App.4th 924 (Bingo 11) Employer Not Liable for tortious Acts of Employee that were not an Outgrowth of the job - A bank teller was feeling particularly upset over the fact that his neighbors were suing him. Being a diligent and resourceful employee, he learned that his neighbors' mortal enemies were clients of the bank. The bank teller wrote intimidating and threatening letters to the neighbors, indicating that they should drop their suit against Bank Teller, and making it seem like it was the mortal enemies who wrote the letters. The neighbors discovered the plot and sued the bank, alleging that it was liable because the deed was done by its employee within the course and scope of Bank Teller's employment. Who wins? Answer: B - The bank wins. "But for" causation is not enough. In order for an employer to be liable, there must be a "reasonably foreseeable consequence" related to the employment, which is deemed to be an "outgrowth" from it. Here, even though "but for" causation exists, the fact that Bank Teller used bank information to write

7 intimidating letters regarding his own personal lawsuit is beyond any reasonably foreseeable consequence; such acts were not an "outgrowth" of his duties. Perry v. County of Fresno (2013) 215 Cal.App.4th 94 (Bingo 14) Destruction of Property by City Employee is not a Due Process Violation - P.I. Pete is a personal injury attorney. His client, Obe Livious, was at a City beach and threw away a plastic water bottle in the trash can. The City life guard saw this and became enraged that Obe had not instead placed the bottle in the recycle bin. Life Guard approached Obe in a rage, grabbed Obe s boogie board, and smashed it in half. P.I. Pete sues City alleging City violated Obe s due process rights. Choose the best answer. Answer: C - Even though the Life Guard worked for the City, and even though he committed an act that damaged Obe s property, this is not a due process violation because Obe did not have a constitutional right to maintain his boogie board in one piece. P.I. Pete should have known better and should have filed a suit based upon tort law. Perry v. County of Fresno (2013) 215 Cal.App.4th 94 (Bingo 24) Government Not Liable for Acts by Employees that are Disconnected from The Policies the Employee is to be Carrying Out - Henrietta Homeowner is being audited by the State. Allen Auditor arrives at Henrietta's home to go over some numbers. While at the house, Allen steals some of Henrietta's jewelry. Henrietta is now suing the great State of California alleging that, through the auditor, the State has violated her rights. Does Henrietta get a million-dollar pay day?answer: A - The government is not liable for acts by employees that are entirely disconnected from the policies that its employees are meant to be carrying out. Stealing jewelry had nothing to do with the audit, and thus the government will not be held responsible for Allen's acts. Perry v. County of Fresno (2013) 215 Cal.App.4th 94 (Bingo 36) County Proper Defendant for District Attorney Withholding Information from Defendant that Resulted in Wrongful Conviction - Adam was charged with murder and convicted based on testimony by Lance. Lance claimed that when he and Adam were in jail together, Adam admitted to shooting a man over a dispute about money. The district attorney Calvin knew that Lance was a known heroin addict, a convicted felon and knew that Lance received a reduced sentence in exchange for his testimony against Adam. Calvin never disclosed these facts to Adam s attorney. Adam served 24 years for a crime he did not commit, and the conviction on appeal was overturned. Adam sues, what entity is the lawsuit properly maintained against? Answer: B - Even taking into account the control and supervisory powers of the Attorney General, the County District Attorney represents the county when establishing policy and training related to the use of jailhouse informants. Therefore, the cause of action lies against the County under 42 U.S.C Goldstein v. City of Long Beach (2013) 715 F.3d 750(WL ) (9th Cir.) (Bingo 12) No Qualified Immunity for Officer who violates a protected constitutional right - Police officer Selena hates anyone who listens to Justin Bieber. While on patrol, she pulls up alongside Taylor who is bumping to As Long As You Love Me. Selena s ears start to bleed and in her anger, she pulls out her gun and shoots Taylor in the left arm. When interviewed about the shooting, Selena lies and says she shot Taylor because she wasn t wearing her seatbelt. Selena then argues she should receive qualified immunity from suit under 42 U.S.C How should the Court rule? Answer: B - A police officer, who violates another's constitutional right, will receive qualified immunity from suit under 42 U.S.C if the right the officer violated was not protected by clearly established law at the time he acted.see Pearson v. Callahan,555 U.S. 223, 232,29 S.Ct. 808, 172 L.Ed.2d 565 (2009). Since 1998, clear precedent has established that a police officer violates the Fourteenth Amendment due process clause if he kills a suspect when acting with the purpose to harm, unrelated to a legitimate law enforcement objective.) A.D. V. California Highway Patrol

8 (2013) 712F.3d 446(9th Cir.) (Bingo 19) No Violation of Due Process or Property Rights in Destruction of Marijuana - Sheriff deputies seized and destroyed 1,500 pounds of marijuana under cultivation in a remote area of Dope County. Plaintiffs Snoop Dogg and Rob Ford had written physician recommendations for up to two ounces of marijuana per day, and sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure and deprivation of property without due process. How did the trial court rule and why? Answer: A - The court held that the County did not unlawfully converted the property or violate their constitutional and statutory property rights when it destroyed the seized marijuana. Notwithstanding Sections and , at any time after seizure by a law enforcement agency of a suspected controlled substance, that amount in excess of 10 pounds in gross weight may be destroyed without a court order. Littlefield v. County of Humboldt (2013) 218 CA 4th 243. (Bingo 30) Civil Damages Civil Defendant Responsible Only for Medical Bills Actually Paid - Mikey Cylus created a 42 car pile up on his way to work when he started switching lanes to the beat of Blurred Lines by Robin Thicke. At trial the injured parties submitted their full medical bills to prove up their potential future medical costs. The court will: Answer: C - The court would only allow the parties to submit amounts actually paid for medical costs. This prevents a windfall on the behalf of the injured parties. The law s intent is to simply make an injured party whole. Corenbaum v Lampkin th (2013) 215 Cal. App (Bingo 10) Civil Recovery Reduced Due To Plaintiff s Intentiional/Negligent Behavior - After a long night of partying, Jesse Pinkman injured himself while picking up munchies at a local convenience store. Jesse had an altercation with a malfunctioning automatic door. The jury found that Jesse was 50% at fault. Due to this partial fault the court would? Answer: B - The court would reduce Jesse s recovery of all paid medical expenses by 50% in order to not reward intentional/negligent behavior that causes injury to oneself. Luttrell v Island Pacific Supermarkets, Inc. (2013) 215 Cal. th App (Bingo 15) Common Fund Doctrine Requires That Employer Bear Proportional Share of the Costs of Litigation - Jack was injured by a negligent motorist while delivering books for his work. Jack s work paid for $99,000 of medical treatment under an ERISA compliant benefits program. Jack recovered $200,000 from the motorist and paid $150,000 in attorney s fees. Now Jack s work is seeking $99,000 in reimbursement under a clause in the benefits program. The court will: Answer: C - Order $24,750 be reimbursed taking into consideration a proportionate share of attorneys fees so that Jack does not bear the full burden of litigation costs. Due to the common fund doctrine, the employer must bear a proportional share of the costs of litigation. This doctrine can be waived if made explicitly in writing. US Airways, Inc. v McCutchen (2013) 133 S. Ct (Bingo 39)

9 Penalty, Serious & Willful Misconduct, Labor Code 132a S&W Claim Upheld Where Employer Knew of Co-Worker s Intoxication Problem - Tanya loved everything about her job, except for her co-worker George. George was nice enough and an asset to the firm, but was a raging alcoholic. Everyone knew that George would frequently return from client lunches completely intoxicated. Tanya s complaints about George were ignored for years, as he brought in many new clients and always got his work done! George was an annoyance, was not considered a danger to others, until one day after having too many mimosas at a firmsponsored client brunch, he fell on top of Tanya causing her injury. Does Tanya win her Serious and Willful Misconduct claim? Answer: D. Tanya wins the S&W, an employer is guilty of serious and willful misconduct if it (1) knew of the dangerous condition, (2) knew that the probable consequences of the condition would involve serious injury to an employee, and (3) failed to take corrective action. County of Los Angeles v WCAB (Ellefson) (2013) 78 CCC 713 (Bingo 9) Penalty and Sanctions Where Multiple Delays Occur Even After Award - Rose claimed a work injury in The claim was not accepted so she used her own sick leave for 3 months and returned to work. In 2009 the employer accepted the claim based on the treater s P&S report. Neither the TD nor PD was paid, and at a WCAB hearing in April 2011 the employer agreed to an Award of TD, PD, and a 25% penalty. The Award was paid late, so Rose petitioned for another 25% penalty on the delayed benefits. The Judge denied the penalties saying the WCAB should not be used for the purposes of imposing endless penalties on resolved issues. On reconsideration did the commissioners agree? Answer: C - the commissioners decided that additional penalties were justified by the ongoing delays by defendants, and they further recommended that bad faith sanctions and attorney fees be awarded. The commissioners noted that penalties serve both the remedial and penal purposes of LC Under Rule 10561, bad faith actions or tactics include actions that are indisputably without merit, and the panel explained that sanctions were appropriate as the employer repeatedly failed to perform its statutory obligations to timely pay TD and PD without explanation. Nash v. County of Los Angeles, General Hospital (2013) 41 CWCR 171, ADJ , Apr. 25, (Bingo 21) Industrial Disability Retirement Correct Standard of Review for appeal to Superior Court of an Administrative Decision for an IDR - Shaq, retired from basketball after a couple of knee surgeries and became a Sheriff s Deputy. Due to budget cuts the County used SMART cars patrol vehicles. Shaq s knees pressed against the dashboard for hours on end causing damage to his knees, and his doctors agreed this was a work injury and that he could no longer do police work. Shaq applied for an Industrial Disability Retirement, and while he waited for his call back from a TV Sports Show producer, the Retirement Association hired Dr. Formage, who said that 100% of the knee injury was due to basketball injuries. The Retirement Board accepted Dr. Formage s report and denied the IDR. Shaq appealed taking the issue to the Superior Court, which found that substantial evidence supported the Board s decision to deny the IDR. On appeal, what s the most correct statement? Answer: B The correct standard of review is independent judgment. Although there is a presumption of correctness of the administrative findings, this presumption is rebuttable. The trial court s job is to weigh all the evidence and decide whether or not Shaq sustained his burden of showing that the weight of the evidence from both sides was contrary to the Retirement Boards finding. Alberda v. Board of Retirement of Fresno County Employee s Retirment Ass n Court of Appeal (2013) 41 CWCR 29 (Bingo 22)

10 Liens Medical-Legal Expenses are Liens, Cannot Be Pursued as a Petition for Costs to Avoid Activation Fee - Cat s Copy Service provided several volumes of records that had been ordered by an injured workers in a denied workers compensation claim. Cat s filed a lien, but then filed a Peitition for Costs and with drew their lien in order to avoid paying the activation fee. Should the Petition for Costs be granted? Answer: A - The Petition for Costs should be denied, as lien claimants cannot avoid the activation fee by withdrawing their lien and filing for a petition for costs. Costs as defined by labor code 5811 do not include costs and expenses that are governed by other specific statutes. The legislature created a specific statutory framework for pursuing claims for medical-legal expenses, which includes copy costs. Martinez v. Allstate Ins. Co. (Terrazas) (2013) 78 CCC 444 (WCAB en banc) (Bingo 29) Psychiatric Claims Good Faith Personnel Action Defense Expanded to Include Reaction to Lack of Support - Peter was a probation officer who was subject to an Internal Affairs investigation over his criticism of subordinate probation officers. He claimed psychiatric injury when the Internal Affairs complaint was filed and went off work. The AME determined that the psyche injury was caused: 1/3 by the IA investigation, 1/3 by the initiating complaint, and 1/3 by the lack of support by superiors. Labor Code bars the psyche claim if a substantial cause, at least 35%, results from good faith personnel action. How do you rule? Answer: B - The 1/3 IA investigation is personnel action, and the 1/3 lack of support by superiors included implementation of the IA investigation which may contribute enough so that the 35% substantial cause is met to establish the GFPA defense, further clarification from the AME is needed. This Court of Appeals decision clarifies and expands what should be considered when determining whether the substantial cause requirement for the good faith personnel action defense has been met, including that the lack of support causation could have included in part personnel action as shown by the initiating the Internal Affairs complaint. This is an important Court of Appeals decision that supports prior significant panel decisions. County of Sacramento v WCAB (Brooks) (2013) 215 Cal.App.4th 785, 78 CCC 379. This was a defense victory litigated by Elizabeth Trimm, a partner in the Sacramento office of Hanna & Brophy. (Bingo 20) Death Benefits Minor Dependents with Different Mothers Both Entitled to Death Benefits - Don Juan was tragically killed on the job. He was survived by his totally dependent wife and minor son Matthew. It was later discovered that Don had a minor daughter, Miya, with a woman who was not his wife. Miya says that Matthew gets nothing, since she is a total dependent, and Matthew is only a partial dependent since he shares dependency with his mother the surviving spouse. LC says a totally dependent child gets the entire death benefit, and this section makes reference to LC 3501 which defines a totally dependent minor as one who the decedent is obligated to support, and one for whom there is no surviving totally dependent parent. Does Miya get the entire death benefit? Answer: C - the death benefits are to be shared by these two minors. In 2002, the legislature amended LC by referring to LC LC 3501 defines a totally dependent minor as one who lived with the deceased parent, or for whose maintenance the parent was legally liable, and where there is no surviving totally dependent parent. In this divided panel, the majority reasoned that the legislature did not intend this LC 3501 reference found in LC to limit benefits of other dependent minors. Maxwell v. Oak River Ins. Co. (2012) 41 CWCR 38. (Bingo 35)

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

Recover Your. Unpaid Wages. Commissioner s Office

Recover Your. Unpaid Wages. Commissioner s Office Recover Your Unpaid Wages With the California Labor Commissioner s Office The Labor Commissioner s Office, also called the Division of Labor Standards Enforcement (DLSE), is a part of the California Department

More information

1 WORKERS' COMPENSATION APPEALS BOARD. 4 Case No. ADJ589625 (ANA 0373659)

1 WORKERS' COMPENSATION APPEALS BOARD. 4 Case No. ADJ589625 (ANA 0373659) 1 WORKERS' COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 4 Case No. ADJ589625 (ANA 0373659) LONNIE SHELTON, 5 OPINION AND ORDER 6 Applicant, GRANTING RECONSIDERATION AND DECISION AFTER 7 vs. RECONSIDERATION

More information

STATE FUND LOCATIONS CUSTOMER SERVICE CENTER. BAKERSFIELD Policy (661) 664-4000 Claims (661) 664-4000

STATE FUND LOCATIONS CUSTOMER SERVICE CENTER. BAKERSFIELD Policy (661) 664-4000 Claims (661) 664-4000 California State Employees Assn. STATE FUND LOCATIONS BAKERSFIELD Policy (661) 664-4000 Claims (661) 664-4000 EUREKA Policy (707) 443-9721 Claims (707) 443-9721 FRESNO Policy (559) 433-2600 Claims (559)

More information

CALIFORNIA SENATE BILL 863 INTRODUCTION California SB 863 will change many aspects of the workers compensation system. This brief outline serves as a

CALIFORNIA SENATE BILL 863 INTRODUCTION California SB 863 will change many aspects of the workers compensation system. This brief outline serves as a CALIFORNIA SENATE BILL 863 INTRODUCTION California SB 863 will change many aspects of the workers compensation system. This brief outline serves as a summary of some of the major changes which is meant

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

LEGAL UPDATES IN WORKERS COMPENSATION

LEGAL UPDATES IN WORKERS COMPENSATION GLENN L. SILVERII NANCY CHAMBERLAIN-STRUPP SCOTT K. KUBIS STEPHANIE PROFFITT RENARD KHOODA PETER J. GORELICK DAVID J. CARASH ALEXANDER ANOZIE ROGER C. KONIA LISA CHEUNG LUPE CARRASCO GLENN L. SILVERII

More information

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Table of Contents. Selected Iowa Wrongful Death Laws and Rules Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated

More information

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Clyde Kennedy, : Petitioner : : v. : No. 1649 C.D. 2012 : Submitted: May 17, 2013 Workers Compensation Appeal : Board (Henry Modell & Co., Inc.), : Respondent

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT

More information

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA 4 5 RAUL MARTINEZ,

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA 4 5 RAUL MARTINEZ, I 2 3 WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA 4 5 RAUL MARTINEZ, Case No. ADJ7611906 (Los Angeles District Office) 6 Applicant, OPINION AND ORDERS DISMISSING 7 vs. PETITION FOR RECONSIDERATION,

More information

When the FEHA and Labor Code Collide: Practical Tips for Reconciling California s Disability Accommodation and Workers Compensation Requirements

When the FEHA and Labor Code Collide: Practical Tips for Reconciling California s Disability Accommodation and Workers Compensation Requirements When the FEHA and Labor Code Collide: Practical Tips for Reconciling California s Disability Accommodation and Workers Compensation Requirements Dan Ojeda University Counsel CSU Office of General Counsel

More information

MONTANA SELF INSURERS ASSOCIATION

MONTANA SELF INSURERS ASSOCIATION MONTANA SELF INSURERS ASSOCIATION Executive Director Bob Worthington Board of Directors Rick Clark Plum Creek Timber Co Tim Fitzpatrick MT Schools Group Donna Haeder NorthWestern Corp Marv Jordan MT Contractors

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

AN ACT. To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act.

AN ACT. To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. 3721L.01I AN ACT To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

More information

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured?

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? 3. How can I get help? 4. What information should I gather at the

More information

2014 Honor System Consulting

2014 Honor System Consulting 1 Managing Attorney, Lien Unit Floyd Skeren & Kelly LLP Owner of Honor System Consulting Prior Manager of the Division of Workers Compensation Medical Unit, in charge of the QME program, MPN, Independent

More information

A GUIDE TO INDIANA WORKER S COMPENSATION

A GUIDE TO INDIANA WORKER S COMPENSATION A GUIDE TO INDIANA WORKER S COMPENSATION 2004 EDITION MACEY SWANSON AND ALLMAN 445 North Pennsylvania Street Suite 401 Indianapolis, IN 46204-1800 Phone: (317) 637-2345 Fax: (317) 637-2369 A GUIDE TO INDIANA

More information

Information for Worker s Compensation Clients

Information for Worker s Compensation Clients Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature

More information

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you

More information

2005 PDRS: Overlap = NO DEFINITION, NO SUCH CONCEPT. AMA GUIDES 5 TH EDITION: NO DEFINITION, NO EXPLAINED, DETAILED CONCEPT.

2005 PDRS: Overlap = NO DEFINITION, NO SUCH CONCEPT. AMA GUIDES 5 TH EDITION: NO DEFINITION, NO EXPLAINED, DETAILED CONCEPT. 1 1997 PDRS: Overlap When factors of disability resulting from the current injury duplicate factors resulting from a different injury or condition, the disabilities are said to overlap. Overlap occurs

More information

Short Term Disability Income Protection Plan

Short Term Disability Income Protection Plan Short Term Disability Income Protection Plan Effective Date: January 1, 2012 Contact Information Plan Administrator: Address and Telephone #: AOL Inc. 22000 AOL Way Dulles, VA 20166 703-265-1968 703-265-3981

More information

Rights & Obligations under the Nebraska Workers Compensation Law

Rights & Obligations under the Nebraska Workers Compensation Law Nebraska Workers Compensation Court Information Sheet: Rights & Obligations under the Nebraska Workers Compensation Law NEBRASKA WORKERS COMPENSATION COURT OFFICIAL SEAL What is workers compensation? Workers

More information

1 WORKERS' COMPENSATION APPEALS BOARD

1 WORKERS' COMPENSATION APPEALS BOARD 1 WORKERS' COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 4 JAMES AZBILL, Case No. ADJ8079708 (Redding District Office) 5 Applicant, OPINION AND ORDER GRANTING RECONSIDERATION 6 vs. AND DECISION AFTER

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. The memorandum disposition filed on May 19, 2016, is hereby amended.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. The memorandum disposition filed on May 19, 2016, is hereby amended. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED JUN 30 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS THE TRAVELERS INDEMNITY COMPANY, a Connecticut corporation, v. Plaintiff - Appellant,

More information

WHAT HAPPENS AFTER A FLORIDA CAR ACCIDENT?

WHAT HAPPENS AFTER A FLORIDA CAR ACCIDENT? WHAT HAPPENS AFTER A FLORIDA CAR ACCIDENT? This free EBook provides answers to car accident victims most frequently asked questions. This EBook does not provide actual legal advice, as every accident and

More information

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw.

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw. LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE Timothy L. Davis Burke, Williams & Sorensen, LLP www.bwslaw.com OVERVIEW FOR 2016 UPDATE Labor Law Court Decisions Employment

More information

Case5:15-cv-03698-HRL Document1 Filed08/12/15 Page1 of 10

Case5:15-cv-03698-HRL Document1 Filed08/12/15 Page1 of 10 Case:-cv-0-HRL Document Filed0// Page of 0 Donald E. J. Kilmer, Jr. [SBN: ] LAW OFFICES OF DONALD KILMER Willow Street, Suite 0 San Jose, California Voice: (0) - Fax: (0) - E-Mail: Don@DKLawOffice.com

More information

STATE OF CALIFORNIA Division of Workers Compensation Workers Compensation Appeals Board

STATE OF CALIFORNIA Division of Workers Compensation Workers Compensation Appeals Board STATE OF CALIFORNIA Division of Workers Compensation Workers Compensation Appeals Board JOE ELLIS, Case No. ADJ9312688 Applicant, vs. BELL PLASTICS INSURANCE CO OF THE WEST, FINDINGS OF FACT AND OPINION

More information

SB 863 Workers Compensation Update

SB 863 Workers Compensation Update SCOTT T. FORD* CHERYL L. WALLACH* LEWIS N. LEVY** EDITH E. LEVY ANALISA SWAN DANIEL R. BARTH JAY S. SIDHRA RUSSELL E. SHUBEN Levy, Ford & Wallach ATTORNEYS AT LAW A Professional Corporation 3619 Motor

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION Arizona State Senate Issue Paper June 22, 2010 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Filed 5/28/15 Lopez v. Fishel Co. CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016 2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer

More information

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient.

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient. PART III MEDICAID LIEN RECOVERY 1. Basics: 1) For Medicaid benefits that are correctly paid, there are two major instances in which Medicaid may seek to impose and recover liens: 1) From the estate of

More information

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq.

RIGHT Lawyers. Stacy Rocheleau, Esq. Gary Thompson, Esq. rightlawyers.com RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers

More information

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,

More information

DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION. July 11, 2002

DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION. July 11, 2002 HARDY MYERS Attorney General PETER D. SHEPHERD Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION John Shilts, Administrator Workers Compensation Division Labor & Industries Building

More information

Your Workers Compensation Benefits

Your Workers Compensation Benefits Your Workers Compensation Benefits CALIFORNIA This form should be given to all newly hired employees in the State of California. Its content applies to industrial injuries on or after January 1, 2013.

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

FELA Railroad Injuries

FELA Railroad Injuries FELA Railroad Injuries Mark A. Anderson Contents FELA and the Legal Rights of Injured Railroad Workers...1 Cases Eligible Under FELA...2 The Railroad Company's Liability...4 Dealing With Your Employer

More information

Workers Compensation and Seniors

Workers Compensation and Seniors Chapter 10 Workers Compensation and Seniors Gregory B. Cairns, Esq. Cairns & Associates, P.C. SYNOPSIS 10-1. Workers Compensation 10-2. Benefits Available 10-3. Filing a Workers Compensation Claim 10-4.

More information

LEGAL BRIEFS NEWSLETTER CASES & COMMENTS ON WORKERS COMPENSATION January 2010 www.mcdermott-clawson.com January 2010 REVISITING ROLDA:

LEGAL BRIEFS NEWSLETTER CASES & COMMENTS ON WORKERS COMPENSATION January 2010 www.mcdermott-clawson.com January 2010 REVISITING ROLDA: LEGAL BRIEFS NEWSLETTER CASES & COMMENTS ON WORKERS COMPENSATION January 2010 www.mcdermott-clawson.com January 2010 REVISITING ROLDA: WINNING A GOOD- FAITH PERSONNEL ACTION Often is the time when a defendant

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case:-cv-0 Document Filed0// Page of Michael Millen Attorney at Law (#) Calle Marguerita Ste. 0 Telephone: Fax: (0) -0 mikemillen@aol.com Attorney for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public) H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE

More information

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Calvin L. Keith, OSB No. 814368 CKeith@perkinscoie.com Sarah J. Crooks, OSB No. 971512 SCrooks@perkinscoie.com PERKINS COIE LLP

More information

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction What Trustees Should Know About Florida s New Attorneys Fee Statute By David P. Hathaway and David J. Akins Introduction More and more lawsuits are filed in Florida alleging that the trustee of a trust

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION WAYNE M. McKIBBEN Claimant VS. DRY BASEMENT & FOUNDATION SYSTEMS Respondent Docket No. 1,034,394 AND ACCIDENT FUND INSURANCE CO.

More information

JENNIFER (COLMAN) JACOBI MMG INSURANCE COMPANY. in the Superior Court (Hancock County, Cuddy, J.) in favor of Jennifer (Colman)

JENNIFER (COLMAN) JACOBI MMG INSURANCE COMPANY. in the Superior Court (Hancock County, Cuddy, J.) in favor of Jennifer (Colman) MAINE SUPREME JUDICIAL COURT Decision: 2011 ME 56 Docket: Han-10-526 Argued: April 12, 2011 Decided: May 10, 2011 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR,

More information

Lowcountry Injury Law

Lowcountry Injury Law Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ESTATE OF TIMOTHY HUGHES, Plaintiff-Appellee, UNPUBLISHED January 23, 2007 v No. 259987 Oakland Circuit Court CITIZENS INSURANCE COMPANY, LC No. 2000-024949-CZ and Defendant/Cross-Defendant-

More information

United States Workers Compensation/Indemnification Overview

United States Workers Compensation/Indemnification Overview United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila jill.kirila@squiresanders.com Kevin Hess kevin.hess@squiresanders.com 36 Offices in 17 Countries Workers Compensation

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

SUMMARY OF SETTLEMENT. This notice explains the lawsuit, the settlement, your rights and the potential distribution of settlement funds.

SUMMARY OF SETTLEMENT. This notice explains the lawsuit, the settlement, your rights and the potential distribution of settlement funds. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SOLANO Lori Davis, Michelle Smith and Paul Stockman, on behalf of themselves and all others similarly situated and on behalf of the general public,

More information

ERISA Causes of Action *

ERISA Causes of Action * 1 ERISA Causes of Action * ERISA authorizes a variety of causes of action to remedy violations of the statute, to enforce the terms of a benefit plan, or to provide other relief to a plan, its participants

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00815-CV IN THE ESTATE OF Alvilda Mae AGUILAR From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2012-PC-2802 Honorable

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Title XLV TORTS. Chapter 768 NEGLIGENCE. View Entire Chapter

Title XLV TORTS. Chapter 768 NEGLIGENCE. View Entire Chapter Title XLV TORTS Chapter 768 NEGLIGENCE View Entire Chapter 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification;

More information

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ) ) ) ) ) ) ) ) ) ) ORIGINAL COMPLAINT

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ) ) ) ) ) ) ) ) ) ) ORIGINAL COMPLAINT UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION WALTER ALLEN ROTHGERY, v. Plaintiff, GILLESPIE COUNTY, TEXAS, Defendant. Cause No. ORIGINAL COMPLAINT Plaintiff Walter Allen

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial.

The two sides disagree on how much money, if any, could have been awarded if Plaintiffs, on behalf of the class, were to prevail at trial. SUPERIOR COURT OF THE COUNTY OF LOS ANGELES If you are a subscriber of Kaiser Foundation Health Plan, Inc. and you, or your dependent, have been diagnosed with an autism spectrum disorder, you could receive

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION KIMBERLY OWEN ) Claimant ) VS. ) ) Docket No. 1,050,199 MARKIN GROUP ) Respondent ) AND ) ) STATE FARM FIRE & CASUALTY COMPANY )

More information

Attorneys for Plaintiff People of the State of California FOR THE COUNTY OF ORANGE. Defendants.

Attorneys for Plaintiff People of the State of California FOR THE COUNTY OF ORANGE. Defendants. BILL LOCKYER, Attorney General of the State of California HERSCHEL T. ELKINS Senior Assistant Attorney General ALBERT NORMAN SHELDEN Supervising Deputy Attorney General HOWARD WAYNE (State Bar No. ) Deputy

More information

To determine whether or not an injury arises out of the maintenance or use of a motor vehicle:

To determine whether or not an injury arises out of the maintenance or use of a motor vehicle: What are No-Fault benefits? "No-fault benefits" are also often referred to as "Personal Injury Protection benefits or "PIP Benefits" for short. No Fault refers to insurance coverage provided by your own

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

Reed Armstrong Quarterly

Reed Armstrong Quarterly Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Please Step Out of The Car

Please Step Out of The Car Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com

More information

FORM INTERROGATORIES EMPLOYMENT LAW

FORM INTERROGATORIES EMPLOYMENT LAW ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT

More information

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL INJURIES PROCEEDINGS BILL 2002 1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate

More information

PUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A.

PUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A. PUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A. 201 EAST PINE STREET 15 TH FLOOR P.O. BOX 4940 ORLANDO, FLORIDA 32802-4940 TELEPHONE (407) 839-0120 TELECOPIER (407) 841-9726 ORLANDO@RISSMAN.COM

More information

MARCH 5, 2015. Referred to Committee on Commerce and Labor. SUMMARY Revises provisions governing workers compensation.

MARCH 5, 2015. Referred to Committee on Commerce and Labor. SUMMARY Revises provisions governing workers compensation. A.B. ASSEMBLY BILL NO. COMMITTEE ON COMMERCE AND LABOR MARCH, 0 Referred to Committee on Commerce and Labor SUMMARY Revises provisions governing workers compensation. (BDR -) FISCAL NOTE: Effect on Local

More information

How Much Protection Does the Oregon Tort Claims Act Really Provide?

How Much Protection Does the Oregon Tort Claims Act Really Provide? How Much Protection Does the Oregon Tort Claims Act Really Provide? Session Materials by Jens Schmidt Harrang Long Gary Rudnick P.C. Oregon Public Risk Manager s Fall Conference October 3, 2013 Salishan

More information

WCAB SAYS INJURED WORKER HAS NO LIABILITY FOR NON MPN TREATMENT WELL, ALMOST

WCAB SAYS INJURED WORKER HAS NO LIABILITY FOR NON MPN TREATMENT WELL, ALMOST May 2013 Vol. I Issue 5 CONGRATULATIONS TO THE RECIPIENTS OF THE 2013 STEVEN JIMENEZ SPECIAL RECOGNITION AWARDS WCAB SAYS INJURED WORKER HAS NO LIABILITY FOR NON MPN TREATMENT WELL, ALMOST By: Ani Baghdassarian,

More information

Preparing a Federal Case

Preparing a Federal Case Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA Preparing a Federal Case If you are reading this, you are probably proceeding on your own in court without the help of an attorney. This is often called

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

EXCLUSIVITY-IMMUNITY/ OCCUPATIONAL DISEASE/ STATUTE OF REPOSE

EXCLUSIVITY-IMMUNITY/ OCCUPATIONAL DISEASE/ STATUTE OF REPOSE THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: DECEMBER 2013 AT A GLANCE BY MITCHELL I GOLDING, ESQ. KENNEDY, CAMPBELL, LIPSKI & DOCHNEY (W) 215-430-6362 EXCLUSIVITY-IMMUNITY/ OCCUPATIONAL DISEASE/ STATUTE

More information

Before the recent passage of CRS 10-1-135, claims for subrogation

Before the recent passage of CRS 10-1-135, claims for subrogation Reproduced by permission. 2011 Colorado Bar Association, 40 The Colorado Lawyer 41 (February 2011). All rights reserved. TORT AND INSURANCE LAW CRS 10-1-135 and the Changing Face of Subrogation Claims

More information

906 Olive Street, Suite 420 St. Louis, MO 63101 314.241.2481 www.askarcher.com 1

906 Olive Street, Suite 420 St. Louis, MO 63101 314.241.2481 www.askarcher.com 1 A Word on MO Comp Subrogation First the Statute: By: Christopher T Archer, 2012 287.150. Subrogation 1. Where a third person is liable to the employee or to the dependents, for the injury or death, the

More information

Negligent hiring: How to reduce your chances of hiring a claim

Negligent hiring: How to reduce your chances of hiring a claim Negligent hiring: How to reduce your chances of hiring a claim An employee fired for stealing from his employer comes into work the next day with a gun and kills eight people. A trucker with a history

More information

RE: HF No. 173, 2009/10 Gary Timm v. Meade School District 46-1 and Associated School Boards of South Dakota Worker s Compensation Trust Fund

RE: HF No. 173, 2009/10 Gary Timm v. Meade School District 46-1 and Associated School Boards of South Dakota Worker s Compensation Trust Fund March 29, 2011 James D. Leach Attorney at Law 1617 Sheridan Lake Road Rapid City, SD 57702-3783 Jessica L. Filler Tieszen Law Office Prof. LLC PO Box 550 Pierre, SD 57501 Letter Decision and Order RE:

More information

EXECUTIVE SUMMARY. Associated Industries Of Florida

EXECUTIVE SUMMARY. Associated Industries Of Florida EXECUTIVE SUMMARY Proposed "WORKERS' COMPENSATION REFORM ACT OF 2001 Recommended by Associated Industries Of Florida There is a major crisis looming on the horizon on the Florida's Workers'' Compensation

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SANDRA H. DEYA and EDWIN DEYA, individually and as next friends and natural

More information

SUPREME COURT OF LOUISIANA NO. 13-B-1923 IN RE: DEBRA L. CASSIBRY ATTORNEY DISCIPLINARY PROCEEDINGS

SUPREME COURT OF LOUISIANA NO. 13-B-1923 IN RE: DEBRA L. CASSIBRY ATTORNEY DISCIPLINARY PROCEEDINGS 11/01/2013 "See News Release 062 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 13-B-1923 IN RE: DEBRA L. CASSIBRY ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM This disciplinary

More information

Guide for Injured Workers

Guide for Injured Workers Guide for Injured Workers This is a guide to Oklahoma workers' compensation law and rules. It is based on laws and rules in effect in 2015. Laws and rules can change by acts of the Legislature, rulemaking

More information

Preparing a Federal Case

Preparing a Federal Case Last Updated: October 2010 Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA Preparing a Federal Case If you are reading this, you are probably proceeding on your own in court without the help of an

More information

Cooper Hurley Injury Lawyers

Cooper Hurley Injury Lawyers Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

T.C. Memo. 2012-71 UNITED STATES TAX COURT. SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

T.C. Memo. 2012-71 UNITED STATES TAX COURT. SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent T.C. Memo. 2012-71 UNITED STATES TAX COURT SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 20420-09. Filed March 15, 2012. 1. Held: Ps have failed

More information