Category Archives: Procedures
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 »
Patient Safety Act on the California Ballot
Doctors are around to care for our children, our family members, and us. But sometimes, they don’t take proper care and that can result in catastrophic injuries and sometimes even death. In 2003 two young California children, by the names of Troy and Lana Pack, were killed in a car crash caused by a… Read More »
Hospitals Are Hazardous Workplaces
Typically, when one thinks of a hazardous work environment they may think of construction site or manufacturing plants. But not many would think of a hospital as a dangerous place for its employees. Unfortunately, recent findings show that hospitals are in fact one of the most hazardous places to work. According to an online… Read More »
WHAT IS IUD LITIGATION?
The serious, dire warnings of the television commercials soliciting callers for “IUD” litigation and “Mirena lawsuits” are unavoidable. But what is an “IUD” and what is the litigation about? The phrase “IUD”, as it is commonly used, is an abbreviation for “intra-uterine device”, a type of birth control method where a small piece of… Read More »
IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?
An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »
NOT IN MY CAR: WHY THE REPAIR SHOP WILL BE LIABLE FOR A JOY RIDE
A coffee-run to my local Starbucks (Brockton and Arlington) prompted my last article about the liability of an automotive repair or service shop for damage to a vehicle left in its care. Since posting my last article, I am happy to report that I have not seen any other mechanics using customer’s cars to… Read More »
The Duty to Disclose STDs — The One that Never Goes Away
In a recent local case [Behr v. Redmond, (2011) 193 Cal. App. 4th 517], the plaintiff sued the defendant for damages arising from the alleged tortious transmission of genital herpes. Essentially, the plaintiff alleged that the defendant committed fraud when he misrepresented to her that he was free of STDs, knowing this to be… Read More »
Injured on the Job? File for State Disability Benefits!
For the majority of the California Workers’ Compensation injury claims there is now a 104 week limit for temporary total disability – compensation payments made to an injured worker while unable to work because of the injury. This benefit is paid based upon two-thirds of an employees’ average weekly wage (up to certain state… Read More »
UNITED STATES CONSTITUTION 7TH AMENDMENT. THE RIGHT TO TRIAL BY JURY.
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law,” (United States Constitution, Amendment… Read More »
James Heiting interviewed regarding recent article in National Law Journal
James Otto Heiting was recently interviewed regarding the article which was published in the National Law Journal. Click here to see/hear the interview.
