Featured Articles from the Blog

Be Prepared for the Deposition

Insurance defense attorneys always want to take the injured claimant’s deposition because that is when the defense attorney makes their money. The insurance defense attorney also tries to make the injured claimant look bad, often through no fault of the plaintiff. Insurance defense attorneys take classes on how to make the injured claimant look bad for reasons that often have nothing to do with the case. Sometimes our clients have had previous cases and I always ask what was done to prepare them for their deposition. It is amazing how many say that they met with their attorney for 30 minutes before the deposition started, or worse, there was no… Read More »

Workers Comp IMR

The Court of Appeals in Stevens ruled that workers’ compensation IMR does not violate the California Constitution.  IMR or Independent Medical Review, is the process in workers’ comp where a state-appointed, non-examining, anonymous physician spends less than 15 minutes and gets paid $60 to review medical treatment denials in workers’ comp cases, and issues a final, non-appealable decision that 90% of the time denies medical treatment recommended by the injured worker’s doctor.  The Court, in an astonishing display of ignorance, held that not only does the IMR scheme provide due process to injured workers, but is better than the prior process where an examining physician decided medical treatment disputes, and… Read More »

Binding Arbitration

What do real estate sales contracts, uninsured motorist policies, and credit card applications all have in common? Binding arbitration clauses. If a controversy arises, the aggrieved party must go through binding arbitration; they cannot go to court to obtain satisfaction after a wrong. It is no wonder corporations, insurance companies, banks, and employers are eliminating the right to a jury trial and thus access to justice for all people by demanding binding arbitration clauses.  While arbitration may be economical in issues pertaining to small amounts of money, arbitration is also rife for corruption. For instance, if you purchase Kaiser medical insurance, you give up your Constitutional Right to a jury… Read More »