A Time to Remember Lessons from 9/11.

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1 A Time to Remember Lessons from 9/11. I LEARNED Presented by Presented Andrew by David Isolano, H. Parker Fire Prevention Attorney Officer, at Law, City PKNW of Clovis Anti-Hero? 1

2 Rebut or Not To Rebut: Lessons I Am Learning From Presumption Trials. Presented by David H. Parker Attorney at Law, PKNW Anti-Hero? 2

3 Lesson One: On any given day, anything can happen. 3

4 At 8.59am, passenger Brian Sweeney, a former US air force fighter jet pilot, tried to reach his wife Julie and left a message on their home answering machine saying the plane has been hijacked. "If things don't go well, and it's not looking good, I want you to know I absolutely love you," he told her. -The Telegraph September 10, /11: Voices From The Doomed Planes 4

5 Thomas Burnett told his wife, "I know we're all going to die... There's three of us who are going to do something about it And Todd Beamer was apparently heard saying "Let"s roll!" a totemic call to action. -The Telegraph September 10, /11: Voices From The Doomed Planes 5

Todd Beamer was apparently heard saying "Let"s roll!

6 Lesson Two: Think every day about what and who will be most important to you on your last given day. 6

7 Lesson Three: Do Something. "God gets you to the plate, but once your there your on your own. - Ted Williams 7

8 Lesson Three, Subsection A): Do Something For Yourself And Others. 8

9 Lesson Three, Subsection B): Do Not Be Scared To Take A Risk.** You will not hit a home run if you will not risk striking out. - David H. Parker **Or Be Scared And Take A Risk In Spite Of Fear 9

10 Lesson Four: Live All In. 10

11 Lesson Five: It s Great To Be An American. 11

12 And Now, This Commercial Interruption: 12

13 PARMA STATEWIDE CONVENTION February 23-26, 2016 Renaissance Indian Wells Resort & Spa Indian Wells Lane Indian Wells, CA

14 Rebut or Not To Rebut: Lessons I Am Learning From Presumption Trials Presented by David H. Parker Attorney at Law, PKNW Regular Person 14

15 Statute Reminders: Heart Trouble/Pneumonia: Labor Code 3212, , , , , Hernia: Labor Code 3212, ,

16 Statute Reminders: Tuberculosis: Labor Code ,3212.7, Cancer: Labor Code Lower Back: Labor Code

17 Statute Reminders: Blood Borne Infections Diseases: Labor Code Meningitis: Labor Code , Biochemical: Labor Code

18 Statute Reminders (Last But Not Least): Lyme Disease: Labor Code

19 How To Rebut, aka, This Presumption Is Disputable... Defendant disputes an applicable Labor Code presumption by presenting evidence that some non work-related event or condition was the sole cause of the presumptive condition City and County of SF v. WCAB (Wiebe) (1978) 43 CCC

presenting evidence that some non work-related event or condition was

20 How To Rebut, aka, This Presumption Is Disputable... Defendant disputes an applicable Labor Code presumption by presenting a medical record reflecting only non-industrial causation of applicant s otherwise presumptive condition Davis v. WCAB (2005) 70 CCC

presenting a medical record reflecting only non-industrial

21 How To Rebut, aka, This Presumption Is Disputable... Defendant disputes an applicable Labor Code presumption by proving the carcinogen is not reasonably linked to the disabling cancer or applicant has not proven exposure to the causative carcinogen Faust v. City of San Diego (2003) 68 CCC 1822 [WCAB en banc decision]. 21

22 How To Rebut, aka, This Presumption Is Disputable... Defendant disputes an applicable Labor Code presumption by proving the latency period reflects absence of a reasonable link to its employment Joy v. WCAB CCC

23 A Real-Life Case Study Applicant is employed by City Of Bliss for 29 ½ years. He is employed at County Of Doe from 1994 during which he was assigned to a special unit. He is a qualified peace officer the entire time. The record reflects applicant remembers only two incidents related to County of Doe exposures. A diagnosis of cancer was made in late

24 A Real-Life Case Study Applicant applied for workers compensation benefits September 26, County of Doe denied the claim, provided no indemnity payments and furnished no medical treatment. 24

25 A Real-Life Case Study Panel Qualified Medical-Legal Reports, depositions, records obtained demonstrate: HPV caused the cancer. Parties dispute whether Medical-Legal supports causation with or without the presumption(s). 25

26 A Real-Life Case Study The Matter Proceeds To Trial On May 4, The WCALJ Finds Causation. A Petition For Reconsideration Is Filed. WCALJ Rescinds The Award. Issues Include What Is The Latency Period? 26

27 CONTENTIONS Non-Industrial HPV Caused Applicant s Cancer Condition. 27

28 CONTENTIONS The Injurious Exposure If Gasoline, Exhaust Products From Vehicles Or Precursors Of Illegal Drugs, Solvents Or Similar Exposures Would Exclude Causation From Exposure During the Period of Employment With The County Of Doe Based On Applicable Latency Period(s). 28

29 CONTENTIONS There Is No Finding Of Fact Evidencing The Specific Carcinogen(s) Alleged To Have Caused A Presumed Compensable Injury Or Its Mechanism Of Alleged Injuries Exposure During The Course Of County of Doe Employment. 29

30 A Few Words On Latency Periods. The time between the instant of stimulation and The beginning of a response. Dispute Exists In This Case About The Exact Definition of Latency For Presumption Purposes. 30

31 A Few Words On Latency Periods. Does The Latency Period Begin At The Earliest Date A Doctor Says Exposure Can Cause The Condition? Or Does The Latency Period Simply Have To Include A Period Of Time During My Client s Employment And Alleged Injurious Exposure? 31

32 A Few Words On Latency Periods. In Plain Language: If The Latency Period Is 20 Years, And 20 Years Ago He Was Not Working For My Client But Was Exposed To An Injurious Carcinogen, Does My Client Win? 32

33 Costs and Fees The Good News Or The Bad News? Total Costs To Date For This Trial With Discovery: Fees: $21, Costs: $1,

34 Exposures: Past Medical Care: $100,000+ (Group Health Liens) Future Medical Care: Average Annual Costs of Care, Cancer: $60,533 (female); $60,885 (male); for individuals over age 65. PD: 26% $23,485 TTD: $26, Voucher: $8,000 34

35 So, What Would/Should You Do? Try The Case, Or Try To Settle The Case? 35

36 And Now, Back To Your Regular Programming: 36

37 A Time to Remember Lessons from 9/11. I LEARNED Presented by Presented Andrew by David Isolano, H. Parker Fire Prevention Attorney Officer, at Law, City PKNW of Clovis Anti-Hero? 37

38 Some Final Thoughts: Todd Beamer Park: E Plymouth Way, Fresno, CA

39 Todd Morgan Beamer (November 24, 1968 September 11, 2001) was an American software salesman and passenger aboard United Airlines Flight 93 which was hijacked as part of the September 11 attacks in He was one of the passengers who tried to reclaim the aircraft from the hijackers, leading them to crash it into a field in Stonycreek Township near Shanksville, Pennsylvania. 39

40 Beamer attended Fresno State University, where he majored in physical therapy and played baseball, in the hopes of playing professionally, but injuries he suffered in an automobile accident ended these plans. 40

41 The Biggest Lesson I Learned: We Should All Aspire To Be Every Day Heroes In Honor Of Those Who Are. 41

42 QUESTIONS? COMMENTS? David H. Parker, Attorney At Law pknwlaw.com Parker, Kern, Nard & Wenzel 7112 N. Fresno St. Suite 300 Fresno, California (559)

of Flight 93 The People 9/11: Exhibit Visit

of Flight 93 The People 9/11: Exhibit Visit Overview With Flight 93, students have the unique opportunity to put themselves in the shoes of the victims of 9/11 by experiencing their individual stories. Often students depersonalize historical events,