Month: June 2018

PROBLEM CASE/DIFFICULT ATTORNEYS: EPS Morning Speaker Series

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On June 21, 2018 EPS held another of it’s Morning Speaker Series events, this time a lively session centering on the topic of problem cases and difficult attorneys.  Applicant counsel Phillip Cohen joined EPS for this event.  Mr. Cohen, a noted and longtime San Diego practitioner, advised the assembled why injured workers seek him out, common issues he sees caused by claims administrators, why and when he seeks penalties and sanctions, as well as why some of his matters pend for such a long time.   Alex Oberjuerge of EPS provided the defense view, with strategies for combatting these difficult cases and counsel.  Barry Ponticello also provided some history and litigation tactics regarding these matters.  As with all the Morning Speaker Series events, industry leaders were once again brought together for cutting edge discussion and food for thought.

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9th Circuit Victory for EPS

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9th Circuit

The very questions of injury and proof were before the 9th Circuit Court of Appeals in a recently argued LHWCA matter.    The matter arose as an orthopedic and pulmonary cumulative trauma claim of a decades long maritime pile driver asserted against his last maritime employer.  The matter was tried over multiple days by Barry Ponticello, with an ALJ finding of no orthopedic or pulmonary injury.  This decision was affirmed by the BRB.

At the 9th Circuit, the Claimant sought an alternative standard of proof in multiple employer cases, as well as differing occupational disease injury standards.  Briefing opposing these theories was undertaken by Renee St.Clair and Mr. Ponticello, with Mr. Ponticello arguing the matter before the 3 judge appellate panel, who affirmed the Trial Decision.

06-11-18-KellJa-Memorandum Affirming -Final Disposition