In an appellate matter of significant importance to California carriers and employers, the EPS workers’ compensation subrogation team obtained a victory at the Court of Appeal, Fourth Appellate District. The Court of Appeal issued a decision reversing the Trial Judge, and vindicating the benefit provider’s rights under Labor Code Section 3856.
The Decision can be read here: http://www.courts.ca.gov/opinions/documents/G054220.PDF
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.
The National Shipbuilding Research Program (NSRP) brings its educational conference to San Diego. The NSRP’s mission is to manage and focus national shipbuilding and ship repair research and development funding on technologies and processes that will reduce the total ownership cost of ships for the U.S. Navy, other national security customers and the commercial sector and develop and leverage best commercial and naval practices to improve the efficiency of the U.S. shipbuilding and ship repair Industry.
Barry Ponticello and Renee St. Clair were requested as featured speakers on the interplay of the Longshore and Harborworkers Compensation Act (LHWCA) and the Jones Act. Mr. Ponticello and Ms. St.Clair have litigated scores of LHWCA and Jones Act matters from the Trial level through the 9th Circuit Court of Appeal.
In a workers’ compensation subrogation matter involving post Trial division of judgment proceeds and the application and interpretation of Labor Code Section 3856, EPS appeared before the 4th District Court of Appeal, Division Three in Santa Ana. Barry Ponticello, a veteran of California Supreme Court, California Appellate Court and U.S. Circuit Court of Appeals for the 9th Circuit oral arguments, argued on behalf of the benefit provider.
EPS held another of its Morning Speaker Series editions on August 23, 2017. The Morning Speaker Series brings together leading experts and EPS attorneys to address hot button and/or emerging litigation issues.
In this “Telemedicine edition”, EPS attorneys Barry Ponticello, Terry Wheaton and Alex Oberjuerge discussed legal authority for Telemedicine, current applications and future litigation expectations for this ever expanding part of the workers’ compensation litigation process. EPS was pleased to be joined by a number of clients and friends of the firm.
U.S .Health Works National Director of Telemedicine, David Kobrinetz, provided information from the front lines of Telemedicine. Mr. Kobrinetz addressed the USHW plan, implementation and regulatory dealings, as well as the current USHW applications. It was also enlightening for the attendees to hear about the expected future of Telemedicine in California workers’ compensation from the provider end.
EPS again was a hole sponsor for the 2017 Rett Syndrome charity golf tournament. A great cause, and a fun time was had by all. And a “best game” award too!
A few EPS attorneys and staff embark on their annual Comic Con walk from the office to the convention center area to see the goings on.
In service to the workers’ compensation legal community, Susan England led a San Diego County Bar event aimed at young attorneys. This panel addressed the deposition skills necessary in workers’ compensation discovery proceedings. Attendees were able to hear Ms. England’s advice as an advocate, and also her perspective from her years as a Judge. www.eps-law.com
ENGLAND PONTICELLO & ST.CLAIR blog 
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