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.
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 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.