Benitez v. Azitex Trading (2019)
Applicant was 13 year machine operator alleging exposure to chemical fumes and dust. Died of severe respiratory condition during litigation of claim. Through discovery we developed a pre-existing history of respiratory illnesses and convinced the QME to agree the death was unrelated to his employment. At trial we successfully argued PTP opinion is not admissible in death claim and obtained a take nothing. We then successfully defended a petition for reconsideration and petition for writ of review.
Davila v. Vallarta (2019)
Denied claims of specific and cumulative trauma injury. Significant credibility issues. We proceeded to priority hearing and trial on the issue of injury AOE/COE without a QME report. Through cross-examination of Applicant and testimony of employer witness we demonstrated Applicant’s lack of credibility. Court found Applicant had failed to meet her burden of proof and issued take nothing on both claims.
X v. Trader Joes (2019)
Applicant reported low back injury on third day of employment, underwent four spinal surgeries in the ensuing 8 months including fusion, claimed to be unemployable and in need of ongoing home care. $400,000 settlement demand. Discovery disclosed long pre-existing history and several subsequent injury claims. We maintained injury AOE/COE denial, raised multiple third party credits, ultimately settled the case for one dollar.
Haddad v. Floyd’s (2017).
Retaliatory claim of cumulative trauma after being terminated for cause. Applicant deemed not credible after 2 days of trial including cross-examination and multiple defense witnesses, resulting in a Take Nothing.
Hasan v. Universal City Nissan (2016).
A new-car salesman claimed injury to his arm at work. After careful and thorough investigation, it became clear the injury occurred while the applicant was arm wrestling another employee. We effectively cross-examined the applicant, offered testimony from four (4) witnesses, and obtained a Take Nothing.
Ramirez v. Barkens (2016).
Applicant claimed injury to the Psyche, Back and Hands. Cross-examination of the Applicant, and testimony from the employer, supported a conclusion by the Workers Compensation judge that the Applicant was not credible, resulting in a Take Nothing.
People v. Gutierrez (2015).
Applicant was arrested and convicted of felony workers’ compensation fraud after it was proved he had staged the injury. The WCAB ordered the claim and all liens barred pursuant to Insurance Code section 1871.5 and Applicant was ordered to pay restitution in the sum of $16,321.87 as a condition of probation following the completion of his sentence.
Alvarez v. Jacmar – 2015
Result: Take Nothing
A truck driver was terminated for cause. During the termination process he claimed an industrial hernia. We obtained the Applicant’s DOT certifications that showed no evidence of hernia after the date of the claimed injury, and put on testimony from three (3) employer witnesses challenging the applicant’s statements that he had reported the injury prior to his termination. The Applicant was not credible in the eyes of the court, resulting in a Take Nothing.
Hernandez v. Gonzalez Food Enterprises, Inc. 2015
Result: Award of $150.17 in full on liens of $35,229
Lien trial resulting in reduction of liens totaling $35,229 to an award of $150.17.
Talavera v. Sodexo – 2015
Result: Take Nothing award on liens totaling over $120,000.
Lien Trial resulting in take nothing award on liens totaling over $120,000.00 based on failure to meet burden of proof.
Reyes v. ACE – 2014
Result: Awarded sanctions of $12,500 and disallowance of liens over $45,000.
Lien trial where AOE/COE was at issue. Lien claimants could not produce proof to support their claim, resulting in a disallowance of liens totaling over $45,000, and a notice of intention to award sanctions in the amount of $12,500
Lopez v. Daniel Food
2014 – An admitted orthopedic injury, with an Applicant claiming to have also suffered Psychiatric injury. The Psychiatric portion was found to be non-compensable.