- Traffic ViolationsMr. G, a motorcyclist, contended he was cut off by JP and could not avoid rear-ending her car. Mr. G required shoulder arthroscopic surgery was a result. The insurer for JP denied liability contending Mr. G was speeding recklessly and that he caused the rear-end collision. The insurer was confident of its position because their expert was a former California Highway Patrol motorcycle officer and accident investigator. An offer of $20,000 was rejected on our advice. We obtained an award of $265,000.
- FraudPeople ex rel Alzayat v. Hebb, Sunline Transit Agency: In a case of first impression before the Court of Appeals we persuaded the Court that the Insurance Fraud Prevention Act liability extends to employers including public self-insured agencies and that the general litigation privilege does not immunize the fraud. We alleged that Hebb falsely denied that Alzayat has suffered and injury and made those false denial both in a written report and in a deposition. A courageous co-employee came forward and confirmed the injury event and workers’ compensation did pick up and pay the claim. Sunline claimed that government self-insured agencies could not be sued for workers’ compensation fraud and that any statements made, no matter how false, were privileged under the general litigation privilege and also subject to the exclusive remedy bar. The Court of Appeal rejected all of these contentions and ordered the opinion published. This case shows that bad actor employers can be held to account for falsely denying injury, falsely reporting wages, etc.
- Workers CompensationOur client, while working, was hit by a car and that driver had only a $15,000.00 policy. Instead for settling his workers compensation case we pushed it to a findings and award so that his underinsured motorist carrier could not claim credit. It is quite common to see workers compensation attorneys not realize that in an underinsured case, the underinsured carrier cannot claim credit effectively. We began the underinsured motorist case and the carrier claimed full credit and demand that we settle the workers compensation case first so it could take full credit. It offered only $50,000.00. We recommended our client refuse and pushed the matter through hearings and to arbitration. Ultimately, the underinsured carrier paid the full $250,000.00 policy limit.
- Personal InjuryPersonal Injury & Work Comp – VR v. JC, DDP – The injured worker suffered third degree burns on his toros and legs and underwent lumbar surgery. He was injured when he was testing an underground pool heater …