Category Archives: Uncategorized
DON’T ASSUME THAT A “VOLUNTEER” IS NOT AN EMPLOYEE FOR WORKERS’ COMPENSATION BENEFIT PURPOSES
All “volunteers” are not denied employment status and entitlement to Workers’ Compensation benefits. Although, volunteers generally are not considered employees and are, therefore, not entitled to Workers’ Compensation benefits if injured–there are certain types of volunteers that are afforded employee status for workers’ compensation coverage purposes under California law. For example, some of the… Read More »
ANOTHER WRONGFUL DEATH SUIT FILED OVER PAUL WALKER CRASH
News broke recently that another lawsuit has arisen from the tragic automobile accident involving a 2005 Porsche Carrera GT that claimed the life of Paul Walker and Roger Rodas in November 2013 in the Santa Clarita area northwest of Los Angeles. In or around May 2013, the widow of the driver of the Porsche,… Read More »
American Museum of Tort Law Opens in Connecticut
Ralph Nader, American political activist, Presidential candidate, and successful consumer rights attorney, has opened a museum – a Tort Law Museum. The American Museum of Tort Law is located in Winstead, Connecticut and aims to educate visitors on the evolution of tort lawand featuring exhibits from some of the most groundbreaking cases of the… Read More »
ARE YOU REALLY AN INDEPENDENT CONTRACTOR?
If you are injured while performing services or completing a job for another person or company do not assume you are an independent contractor–and, therefore, not entitled to the benefits available to employees under the California Workers’ Compensation System. In certain circumstances, individuals injured “on the job” will receive a letter from their “employer”… Read More »
PRIVACY: LIMITING THE SACRIFICES OF INJURED PEOPLE
In today’s modern social-media rich environment, it has become increasingly important to manage one’s personal and private information in order to protect against identity theft, fraud, and the like. As participants in a lawsuit, plaintiffs and defendants alike are often required to disclose a great deal of personal information, including financial and medical documents,… Read More »
California Senator Proposes Changes to Jury Selection – James Otto Heiting Responds
California Senator, Marty Block, introduced Senate Bill 213 which would, in criminal misdemeanor jury trials, reduce the number of peremptory challenges from 10 to 6. An interview with Senator Block, as well as reactions from those in the legal community, including our own James Otto Heiting, can be found here.
WHY EMERGENCY MEDICINE PHYSICIANS GET SUED
While researching issues on a pending medical negligence action, I came across a study by THE DOCTORS COMPANY, describing the top four reasons (as described by patients) for claims made against emergency physicians. The first and by far most common allegation is failure to diagnose, delay in diagnosis or mis-diagnosis of the underlying condition…. Read More »
PURSUING A WORKERS’ COMPENSATION CLAIM? CONSIDER THE FOLLOWING…
As an attorney who specializes in Workers’ Compensation law it is easy for me to recommend that you get an attorney to represent you if you are injured on the job. The reason for this is simple, there are so many twists and turns, as well as pitfalls in the current Workers’ Compensation system,… Read More »
Passenger may be liable for death after telling driver to “go faster!”
Be careful when encouraging your driver to take risks. A recent California case held that a passenger could potentially be found liable by a jury for her role in encouraging a driver to “go faster” along a road which ultimately led to a crash and a death.
YES, YOU DO HAVE A RIGHT TO YOUR MEDICAL RECORDS
PART III: PHOTOCOPIES WITHIN 15 CALENDAR DAYS In my prior posts, I discussed that you actually have multiple laws that entitle you to your medical records, and if you live in California, the Patient Access to Health Records Act is a state law that provides“access to health care records or summaries of those records… Read More »
