9th Circuit Victory for EPS

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

 

EPS “Subro” Win Ordered Published: (Duncan v Wal-Mart)

cover page

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

 

 

“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

8-23-18-23-108-23-48-23-128-23-7