The Future of Almaraz/Guzman? (Reading the Crystal Ball)

The Future of Almaraz/Guzman? (Reading the Crystal Ball)
by Donald R. Barthel, LLP

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 likely will take no action until the WCAB issues Almaraz/Guzman II. While the Court of Appeal could have dismissed the pending writ 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.

How much time?
Not much!

Objecting to Untimely PQME Reports: A Ticking Time Bomb

Objecting to Untimely PQME Reports: A Ticking Time Bomb
by David Grant, LLP

An instructive panel decision issued recently concerning the time frames for objecting to untimely panel QME reports. The WCAB in Teytud v. Clean Innovation Corp. (36 CWCR283) (ADJ 3371087) ruled the 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.

The panel based its decision on Labor Code Section 4062.5, which can be summarized as follows:

How Much Is A CAAA Member Really Worth?

How Much Is A CAAA Member Really Worth?
by Donald R. Barthel, Esq.

The Problem
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!

Life was great... for CAAA.

These days, however, applicant attorneys are starving (or so they say!). Lately applicants attorneys have been looking to deposition fees and Labor Code 5710 as important source of income via outrageous rates. How much should you pay?

To Tell The Truth

To Tell The Truth
by Tahmeena Ahmed, Esq.

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

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!

Another one bites the dust! Congratulations Dan!

Tahmeena Ahmed is a Senior Partner of Bradford & Barthel and a Managing Partner of the Tarzana office.

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;