by Don Barthel, Esq.

After a whirlwind of activity, the writ and responses have been filed with the Court of Appeal (Sixth District) in Guzman. The briefs have all been received by the WCAB in both Almaraz and Guzman.

Now what?
Industry insiders agree that the Court of Appeal will take no action until the WCAB revisits Almaraz/Guzman and issues Almaraz/Guzman II. While the Court of Appeal could have dismissed the pending writ without prejudice when the WCAB decided to grant reconsideration, no such action has been taken. Does this mean the 6th DCA is ready to pounce when Almaraz/Guzman II issues? Only time will tell.    (continued)

by David Grant, Esq.

An instructive panel decision issued recently concerning the time frames for objecting to untimely panel QME reports. The Panel in Teytud v. Clean Innovation Corp. (36 CWCR283) (ADJ 3371087) ruled defendant waived its right to object to an untimely PQME report.

The original PQME delayed providing a report for over five months. In response to a defense motion, the WCJ ordered the appointment of a new PQME. Applicant attorney filed a Petition for Removal with the WCAB.    (continued)

by Donald R. Barthel, Esq.

In the post-SB 899 world, applicant attorneys are evidencing increasing creativity to step up their revenue stream. Not so very long ago, a CAAA member could make a fortune. Permanent disability based on work restrictions and subjective complaints permitted unconscionable—but lucrative—awards. Penalties calculated on the species of the benefit? Cha ching! Fees for work on vocational rehabilitation issues? Low hanging fruit!    (continued)

by Tahmeena Ahmed, Esq.

Daniel Dailey (Tarzana) is putting away yet another bad guy!

A bench warrant just issued for the arrest of the most recent applicant who foolishly tried to lie to Dan.

Apparently Mr. Dailey is a student of Paulo Coelho.¹

Mr. Dailey knows how to look into the eyes of liars; he is well on his way to securing his seventh (or is it his eighth) perjury conviction. The complaint filed by the DA's office arose out of a simple deposition question posed by Mr. Dailey as he looked "directly into [applicant's] eyes": "Sir, have you had any prior treatment in psych?" Mr. Dailey gave applicant the rope, and, with a stream of falsehoods, applicant hung himself out to dry! Interestingly, applicant's attorney did request a break to meet with his client. Apparently any attempt at "coaching" utterly failed!

¹ Paulo Coelho is the best selling Portuguese language author who has sold more than 100 million books in over 150 countries worldwide. His writings have been translated into 67 languages, and he wrote "No one can lie, no one can hide anything, when he looks directly into someone's eyes.&qwuot;

   (continued)

Bradford & Barthel's Ted Cornforth To Become LBO's Newest WCJ
Ted Cornforth will be leaving his post as Managing Attorney of Bradford & Barthel, LLP's Fullerton office. Effective March 2nd, Mr. Cornforth will be trading in his manager’s hat for judge’s robes and taking on his recent appointment to the Long Beach WCAB District Office.    (continued)

Bradford & Barthel's Jan Metheny Takes Charge of Fullerton Offices
Law Offices of Bradford & Barthel, LLP recently announced that effective March 2, 2009, Jan D. Metheny will take over the management of B&B's Fullerton office. Fullerton’s Managing Attorney position became open as a result of the current manager, Theodore W. Cornforth, announcing his appointment as the newest WCJ at the Long Beach WCAB District Office.    (continued)

Bradford & Barthel's Craig Morrison Takes Charge of Sacramento Offices
The Law Offices of Bradford & Barthel, LLP recently announced that, effective February 10th, 2009, Craig Morrison, Esq. took over the management of B&B's Sacramento office.    (continued)