B&B Press Room

August 26, 2010

International Awards Salute B&B's Tech Savvy and Strategic Unity

FOR IMMEDIATE RELEASE

Las Vegas, NV, 8/26/10

The Envelope Please:

The red carpet was rolled out and leaders in legal technology from around the world came to Las Vegas last week to participate in the International Legal Technology Association's (ILTA)[1] 2010 "Strategic Unity" conference and to learn who would receive the industry's highest honors and accolades. When the envelopes were opened and the winners announced, Bradford & Barthel, LLP (B&B) had won...TWICE!

Continued...

August 18, 2010

International Thumbs Up to
B&B's Cutting Edge Tech

B&B’s tech savvy "Knowledge Management" team received international accolades last week!

ILTA, the International Legal Technology Association[1] has announced that both B&B and our Director of Knowledge Management, Eric Hunter, are nominated for ILTA's 2010 Distinguished Peer Awards.

And the nominees are...

Continued...

August 30, 2010

Patricia Carlos to be Assistant Managing Attorney of Tarzana Office

It is my pleasure to announce that Patricia Carlos will be our new Assistant Managing Attorney for the Tarzana office. Pati has successfully started her fifth year with the firm. She brings with her a multitude of skills including her successful administrative strategies, her ability to negotiate shrewdly on behalf of her clients and a commitment to the success of the Tarzana office and the firm.

Congratulations, Pati!!

Tahmeena Ahmed
Managing Attorney, Tarzana Office

June 14, 2010

Guzman Court Hears B&B Plea for PD Consistency

In oral arguments before the 6th District Court of Appeal, Bradford & Barthel's Don Barthel and Louis Larres urged the justices to return consistency to a PD system rendered chaotic by Almaraz/Guzman. B&B's Writ & Reconsideration Department, led by Louis Larres, successfully sought writ with the 6th DCA in late 2009, thus giving rise to oral arguments this past Thursday.

Mr. Barthel noted that only by applying the AMA Guides "as written" can California effectuate the legislative goal of achieving "consistency, uniformity and objectivity" in the PD system. While acknowledging Labor Code 4660(c) requires that the PD Rating Schedule (PRDRS) be "prima facie evidence of the percentage of [PD]," Mr. Barthel insisted this rebuttal language applies only to the PDRS's "end product": permanent disability. It does not mean, as claimed by the WCAB in Almaraz/Guzman, that each "element" of the PDRS (impairment, DFEC, occupation and age) is subject to rebuttal.

Continued...

June 2010

B&B To Open Oakland Office
Farai Kadzirange To Lead Roll-Out

B&B recently announced the opening of an Oakland-based office. Slated to open on June 1, 2010, this newest point will be managed by Farai Kadzirange, an aggressive attorney with a significant background in workers' compensation and asbestos-related complex civil litigation. The B&B Oakland office will serve our clients in Oakland, San Francisco, and throughout the Bay Area.

Remember to calendar: B&B Oakland office opens June 1, 2010.

Contact info:
1330 Broadway, Suite 600
Oakland, CA 94612
Phone number: 510-268-0061
Fax number: 510-268-0398

February 25, 2010

Cure for PD Insanity?
Industry Plea Finds Receptive Ears:
6th DCA Agrees To Review Guzman

The 6th District Court of Appeal (DCA) has granted Bradford & Barthel's Petition for Writ of Review in the Guzman portion of Almaraz/Guzman II (AG II), thus providing the first significant opportunity to reverse that bombshell en banc WCAB decision. AG II shocked the industry by declaring doctors, when applying the AMA Guides (Guides) to assess whole-person impairment (WPI), are permitted to "utilize any chapter, table, or method in the AMA Guides..." In short, explains Louis Larres, B&B's lead partner at the firm's Writ & Recon Department, "The WCAB gave the green light to doctors everywhere to ignore the Guides as written, and, instead, creatively misapply the Guides. As a result, the industry has suffered through dramatic increases in PD and litigation expense."

Don Barthel, a Founding Partner at B&B, in an interview with Workcompcentral, recently observed that AG II has created confusion and dramatically increased the costs of file handling. "We've seen dozens of panel decisions going up and down with the WCAB commissioners remanding to the judge and to the parties for further action to figure out how to properly apply the standard," noted Mr. Barthel. "The average price of a closure on a file has gone up in the neighborhood of 10 percent due to Almaraz/Guzman and to Ogilvie, and we believe that the 6th DCA is going to put an end to this."

Barthel believes the 6th DCA will instruct that the industry apply the Guides "as written – not as rewritten by the doctor, and/or lawyer, and/or judge....if each doctor gets to rewrite and reinterpret the AMA Guides, we...completely lose the uniformity, consistency, and objectivity that is demanded by Labor Code 4660...Three different applicants with exactly the same injury, all of whom would get the exact same amount of impairment under a traditional reading of the AMA Guides, could get widely differing impairment determinations (under the AG II standard)."

Noting that efforts to obtain the granted writ from the 6th DCA was "an industry-wide effort", B&B wishes to thank everyone who gave so generously of their time and insights. Additionally, the 6th DCA was flooded by brilliant amicus briefs filed by various industry leaders calling on the court to return uniformity, consistency, and objectivity to PD. For their efforts, B&B salutes and thanks the American Insurance Association, California Chamber of Commerce, California Insurance Commissioner (Steve Poizner), California Workers' Compensation Institute, Director of Industrial Relations (John C. Duncan), Employers Direct Insurance Company, and the Milpitas Unified School District.

View the 6th District Court of Appeal's docket for the case.

February 1, 2010

Breaking News
Bradford & Barthel, LLP's Louis Larres filed a writ in Cervantes with the 6th DCA last week. In Cervantes the WCAB en banc reversed an earlier WCAB panel opinion, Brasher, and placed numerous additional requirements on defendants who seek to dispute a PTP's recommendations for spinal surgery. "No longer can the defense rely on a UR denial to a request for authorization for spinal surgery," stated Don Barthel, a Founding Partner of B&B. "The WCAB claims that UR denial is only the first step. Now defendants must get the UR denial and asked for the issuance of a 4062(b) second spinal surgeon opinion, and they must accomplish all of this within 10 days of receiving the authorization request." Barthel noted that even the WCAB's opinion conceded, "it may seem redundant to provide for a defendant to object again after its own UR has just denied the spinal surgery." "It certainly seems redundant to us," said Barthel, noting that Labor Code 4062(b) merely states that the defendant "may" object. "It seems the WCAB has converted 'may' into 'must.' We hope and believe the 6th District Court of Appeal will find fault with the WCAB's interpretation.

Want to review B&B's writ? Click here.


October 20, 2009

Breaking News
Bradford & Barthel, LLP filed a WRIT this past week in Guzman II with the 6th District Court of Appeal. "Numerous Amicus Briefs are expected from many sources," reported Don Barthel, a Founding Partner of B&B.

Do you know how to defend against CAAA's Almaraz/Guzman and Ogilvie efforts to inflate permanent disability? Full day seminars providing defense strategies are fast-approaching:

San Francisco 10/23/09.

We are pre-approved for 6 hours of WCCP credits!! Register today.

September 29, 2009

Bradford & Barthel Sponsoring Day-Long Seminars on Almaraz/Guzman/Ogilvie II & PD Inflation
The Bradford & Barthel defense law firm is sponsoring a series of all-day seminars discussing defense responses to Almaraz/Guzman II, Ogilvie II and Permanent Disability Inflation in Newport Beach (October 9th) and San Francisco (October 23).

September 8, 2009

California Bradford & Barthel Sponsoring Seminars on Almaraz/Guzman II &Ogilvie II:
"Round I was a defense win, if properly applied," said Don Barthel, founding partner of Bradford & Barthel and expert on the AMA Guides 5th Edition. Bradford & Barthel is sponsoring a series of seminars on the Almaraz/Guzman/Ogilvie II cases in Newport Beach and in San Francisco.

Mr. Barthel will be the keynote speaker at the seminars: "The Battle Continues Against PD Inflation," Bradford & Barthel is the lead defense firm in Guzman, one of the two consolidated cases that the WCAB took up in Almaraz/Guzman I and II. "B&B's Appellate Department is leading the fight in overturning this case at the Court of Appeal level," Barthel said.

The cost is $149.00 for participants.

For more information, go to http://www.bradfordbarthel.com/seminars/


May 4, 2009

Swine Flu and Workers' Compensation: Compensable?
As swine flue cases are reported around the world, some authorities say a pandemic may be imminent. On Friday the Centers for Disease Control reported 50 confirmed cases in New York, 28 in Texas, and 16 in South Caroline. At least 16 other states had offficially confirmed cases in their borders; amongst them is California where 13 cases have been identified.


April 16, 2009

Guzman Seminar at Newport Beach a Huge Success
To see photos of this event, click here.


April 2, 2009

Seminar: B&B Announces Almaraz/Guzman "Knock Out" Defense Strategies
"Too many defendants view these cases as insurmountable," stated Don Barthel, referring to Almaraz/Guzman and Ogilvie en banc opinions. "We don't believe the hype. We've got too many defense strategies–and too many years of experience–to throw in the towel. These opinions can be defense weapons if used properly." --Don Barthel, Esq.


February 19, 2009

From the desk of Don Barthel re Almaraz/Guzman En Banc Decision
Please click the link above to see details of the recent Almaraz/Guzman En Banc decision. As is outlined, Bradford & Barthel, LLP, is leading the defense of this case with an eye towards overturning the WCAB's attempt to largely rid the workers' compensation system of the AMA Guides. I look forward to any input that you may wish to share. --Don Barthel, Esq.


February 17, 2009

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.

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.

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.