EPS successful on “SUBRO” matter before the Court of Appeal

In a workers’ compensation subrogation matter handled by Barry Ponticello and Renee St.Clair, EPS was able to achieve a reversal of the Trial Court’s ruling on the distribution of judgement proceeds under labor Code Section 3856.

In a 15 page decision (Duncan v. Wal-Mart Stores; Hartford Accident and Indemnity Claimant and Appellant G054220 (2017)), which is being requested for publication by multiple parties and interests groups,  the Court of Appeal for the Fourth Appellate District, Division Three, modified the Trial Court’s Order, in effect reversing the Trial Court’s finding and allowing Hartford its full recovery.  Barry Ponticello argued the matter before the Court of Appeal.