Featured Articles from the Blog

“Duty” of Reasonable Conduct

Some people perceive our courts as a monolithic system of black-letter rules of procedure and laws where justice is meted.  Nothing could be further from the truth.  In personal injury law, there is a constant tugging and pushing between those who defend money and those who are seeking compensation for injuries.  One of the greatest battlegrounds is “duty.”  There is constant conflict between those who understand there is a duty of reasonable conduct to others; while some believe they are not “free” unless they owe nothing to others. For instance, in a premises liability case in San Diego, a window sill was nearly a foot deep, inviting people to sit… Read More »

HOW DO I OBTAIN MEDICAL TREATMENT IN MY WORKERS’ COMPENSATION CASE?

Injured workers ask this question on a daily basis. What might surprise you is that many workers’ compensation doctors ask themselves the same question concerning their patients. The legislature has implemented laws that often provide a road block to medical treatment. Denials of medical treatment force limitations on doctor’s treatment plans. It is wise to ask for help in dealing with denials of medical treatment before it is too late! As indicated in previous blogs, Utilization Review (UR) and Independent Medical Review (IMR) have made obtaining medical treatment much more difficult for workers. UR treatment denial decisions are made by insurance company hired doctors/practitioners. Unless that denial is untimely, the… Read More »

The Value of Medical Bills

Medical bills have become a huge issue in almost all personal injury cases. The reason for this is twofold. First in many instances the injured party must repay the entity that paid the bills. Some entities are very strict and demand large paybacks even when the settlement is small. Other companies have liens and amounts set by law. Examples of the latter are Medicare, MediCal and hospital liens. In some instances the entity may argue they are entitled to the entire amount of the settlement. These are usually ERISA liens. The job of the attorney in these cases is to minimize the amount paid to the entity so the client… Read More »

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