Category Archives: Premises Liability
Comedian Tracy Morgan Sues Walmart after Car Accident
The popular comedian and actor, Tracy Morgan, best known for his starring role in NBC’s “30Rock” decided to sue the Wal-Mart driver involved in the car accident that badly injured him and others this year. The allegations of Mr. Morgan’s injury include a head-on collision with a Wal-Mart company semi-truck that crossed the median… Read More »
WORKERS’ COMPENSATION SETTLEMENTS IN SERIOUS INJURY CASES HITTING HIGH MARKS
With each passing year it seems as if, despite the constraints of the California Workers’ Compensation system, we are able to settle many cases in the high six-figure, and at times, seven-figure range. This is in large part due to the nature of the injuries sustained by the injured worker (which are often considered… Read More »
WORKERS’ COMPENSATION RECOVERY WITHOUT AN IMPAIRMENT RATING
When an examining physician finds an injured worker to have received reasonable treatment to help cure an injury, and determines that no further treatment will help improve the condition, the employee is considered stable, as the condition has reached a medical plateau. The employee will then be deemed Permanent & Stationary, or considered to… Read More »
DON’T ASSUME
If you are injured while working for another person or company, do not assume you are an independent contractor – even if the individual or company you are working for tells you that you are not an employee, and only an independent contractor. The distinction can be critical if you want to try to… Read More »
DON’T GET S.O.L.’D DOWN THE RIVER*
Far too many potential clients contact our office after the applicable statute of limitations has already run. A statute is a law; a statute of limitations (SOL) is the law governing the time-frame in which a lawsuit or action must be filed. If you, a person whose rights have been violated and who might… Read More »
LACK OF COMMUNICATION = LOSS OF BENEFITS (PART 1 OF 2)
One of the most important components of any successful case is communication between client and attorney. Attorneys rely upon their clients to provide them with important information about changes, developments, and other updates, and failures to communicate in the Workers’ Compensation arena can even result in the loss of benefits. The following suggestions are… Read More »
Primary Assumption of the Risk in “Sports” Cases
Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the primary assumption of risk doctrine applies to those whom participate in sports. The Knight case involved a group of friends playing touch football during half time of the 1987 Super Bowl. While jumping up… Read More »
SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 3
5. IF CONTACTED BY INSURANCE COMPANY – If you are contacted by the insurance carrier (or their investigator) regarding a “statement” that they want to obtain from you – if you are represented, contact your attorney immediately. If you are not represented let the person know that you will be more than willing to… Read More »
SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 2
Certified Workers’ Compensation Specialist 3. SDI – Do not delay! File for State Disability Benefits through Employment Development Department as early on as possible in your case – even if you are receiving monetary benefits for Workers’ Compensation from your employer or their insurance carrier. Filing for such benefits, even if denied initially, will… Read More »
What is the Value of an Injured Pet?
In what seems to be a trend of new cases expanding the rights of pet owners, the Court of Appeal for the Second District recently ruled that the usual standard of recovery for a dead or injured pet (market value) is inadequate when applied to injured pets. The recent case, Martinez v. Robledo, (2012)… Read More »
