Today I had the unfortunate duty of representing a client at a debtor’s exam.  “Unfortunate” because there are so many alternatives to forcing the debtor to go to court after judgment has been entered.  Talk about kicking someone when they are down.  My client was sued for breach of contract for failure to pay on…

One of our several “wins” in 2010 was a dispute over spinal surgery. The client (“Applicant”) sustained a debilitating low back disc injury, with pain radiating down to his legs. The treating doctors recommended back surgery and this was transmitted to the workers’ comp insurance carrier (“defendant”). Under the Labor Code, the defendant should have…

We just settled a case with a $38,700 MSA.  The employer’s insurance carrier wanted to “seed” the MSA with about $22,000, which would then grow to the required MSA amount over the course of years.  But what if the injured worker’s industrial injury medical needs required use of most or all of the MSA funds. …

You’ve been injured at work.  Now comes the insult: the insurance company “requests” that you provide a list of medical conditions, prior injuries, and job history (you probably already provided that information on the original job application).  Rule # 1) don’t sign that Consent to Release information form.  Doctors are entitled to know about your medical…

New potential client called today, worried that he’d be “fired” if an industrial claim was commenced.  I told the victim of this typical employer style boogie-man threat, that I was sorry, since he only had a few days of work left.  “What?!” the guy asked.  “But I have not filed a claim, and they don’t…