Petition for Removal Prevents Out-of-State Adjuster from Appearing at Trial

By A.J. Driscoll The case of Jaime Simmons v. Just Wingin’ It, Inc. (2017) was defended by associate attorney, A.J. Driscoll, out of our Fresno Office. Temporary disability benefits were at issue at a Mandatory Settlement Conference at the Stockton Workers’ Compensation Appeals Board. At the MSC, the parties could not settle the issue requiring a […]

Senate Bill 1160 / Lien Anti-Fraud Provisions and Utilization Review Changes

By W. Rod McClelland, Jr. Senate Bill 1160 was signed into law by Governor Brown on September 30, 2016.   The bill sought to address concerns of defendants concerning workers’ compensation liens and fraud.  The bill also sought to address concerns of applicant’s attorney’s relating to utilization review. ANTI-FRAUD PROVISIONS Labor Code section 4615 Labor Code section […]

Res Judicata and Collateral Estoppel

By Peter YoonClaim and Issue Preclusion in Workers’ Compensation The doctrines of Res Judicata and Collateral Estoppel are affirmative defenses to claims or issues that have been previously adjudicated in Court and may not be pursued by the same parties. The parties are precluded from litigating those issues and claims a second time. Res Judicata is […]