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.

EPS attorneys featured at National Shipbuilding Research Program conference

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.

 

“Subro” matter argued before the 4th District Court of Appeal

court of appealIn  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.

“Telemedicine”: EPS Morning Speaker Series

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.8-23-9

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.8-23-8

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.8-23-5

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England Teaches Deposition Skills to Young Attorneys at San Diego County Bar Event

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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

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AMA Guides: EPS Morning Speaker Series

EPS (www.eps-law.com) hosted another edition of its ongoing morning speaker series, this time focusing on the use, application and litigation of the AMA Guides in state and LHWCA litigation.   Having litigated LHWCA matters for decades, EPS attorneys were well familiar with the Guides even before they were adopted for use in California.

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EPS was pleased to have Dr. Craig Uejo, an expert in the AMA Guides, as part of this speaker series edition.  Dr. Uejo enlightened the attendees with specific examples of problem areas and suggestions for medical legal report review.AMO Dr. Uejo RCS BWP

Renee St. Clair, well known as one of the foremost attorneys litigating AMA Guides issues, addressed the defense attorney activities necessary in reviewing and litigating AMA Guides disputes.  Alex Oberjuerge brought all of the attendees up to speed on relevant case law involving AMA Guides issues.

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Dr. Uejo