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Blog Archives

Bentley & More LLP resolves catastrophic workers’ compensation case for $5,000,000

A 53-year-old tree trimmer sustained a catastrophic injury when he fell off a 40-foot palm tree resulting in paraplegia and a mild traumatic brain injury. Thanks to Bentley & More, the injured worker was sent to a specialized rehabilitation hospital where he could obtain the care commensurate with his serious head and spinal cord injuries.

 

After several years of litigation, the defendant offered $1,800,000 to settle the entire case.  Bentley & More attorneys Keith More and Dane Gilliam,  strategically opted to stipulate the injured workers’ disability at 100% Permanent Disability so the client could continue to receive beneficial medical treatment paid for by the work comp insurance carrier. Up to this point, More and Gilliam had secured  medical and disability benefits of $3,385,111 for the injured worker.  “It really shocked me that the defendant did not want to entertain serious settlement discussions prior to settling at 100% PTD,” said More. “The data they used to substantiate their $1,800,000 offer was based on guesswork—not facts,” said More.

 

Following the permanent disability stipulation, we continued negotiating for another 8 months to resolve the entire case.  Perseverance paid off and during the  lengthy settlement negotiations the insurance company spent another $400,000 on necessary medical treatment.   More and Gilliam  were able to obtain an additional $5,000,000 in cash for the injured worker.  That money has been placed into annuities for the sake of ensuring a lifetime of medical treatment and financial stability to the client. “The defendant eventually saw the light after we provided them with detailed itemizations of medical care that would be required in the injured worker’s future,” said More. “Our client is thrilled as he gets to be in control of his own medical treatment and has financial security for life,” said More.

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Bentley & More LLP files lawsuit on behalf of client catastrophically burned by Southern California Edison transformer explosion

On June 16, 2020, Bentley & More LLP filed suit on behalf of Bernie Bischof, the owner of Old World German Restaurant in Huntington Beach, who was catastrophically burned over 40% of his body when a transformer bank at the restaurant exploded last October.  Bernie, who was hosting an Oktoberfest celebration at his restaurant the night of the explosion, has been hailed as a hero for clearing the patio of customers and employees in the minutes before the tragic explosion.  The lawsuit was filed against SoCal Edison, which the complaint alleges spent years ignoring basic maintenance, ignoring warnings from Bernie about previous problems with the transformer, and ignoring SCE’s own employee, who thought the transformer was a “death trap.”

 

Founding Bentley & More LLP partner Greg Bentley said: “SoCal Edison knew its equipment was failing as far back as 2010 but ignored the dangers.  This transformer explosion was completely preventable and was the result of a companywide policy of putting corporate profits and its own bottom line over public safety.”

 

The case is titled Bern Bischof, et al. v. Southern California Edison Company, Los Angeles Superior Court Case No. 20STCV22690, and includes as plaintiffs both Bernie and several of his family members who witnessed, and were injured by, the horrific explosion.

 

Click HERE for the full Press Release

 

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Bentley & More LLP achieves an additional $5.5 million settlement in paralyzed worker’s compensation case

Fifteen years ago, a worker catastrophically fell off of a scissor lift, falling 13 feet from a vaulted ceiling, landing on a tile floor, and suffering life-altering injuries, including paraplegia and a traumatic brain injury.  But that terrible fall was only the start of his long fight to receive the care and benefits to which he was owed.

 

Unsatisfied with three prior law firms, and still lacking essential medical treatment, the injured worker sought out Bentley & More LLP.  Our firm took a chance and substituted in on a case that had been previously stipulated at 100% disability.  But our paralyzed client still needed physical, occupational, and speech therapy—as for years, he had been without these essentials. Upon entering the case to fight on his behalf, we performed an immediate transfer of care to Casa Colina where he received the daily treatments desperately needed to strengthen his already atrophied and mangled body. Next, we secured a wheelchair accessible van and a wheelchair accessible hotel for weekend visitation with his 3 children—trying to help him restore some sense of normality and improve his quality of life. And we continued to fight on his behalf to secure essential treatment.

 

After years of litigation, and $7.8 million in medical treatment, Bentley & More attorneys Keith More and Dane Gilliam settled his work comp case for an additional $5.5 million. “We are so excited for our client, who has waited patiently for this day,” said More. “We took a big chance on this case but saw the need to help.” Proudly, our client has bought a house with our help and will be reunited with his family forever. He will be able to continue his therapy and move forward with his life. And with this settlement, he may again be able to achieve some small part of his life before this terrible tragedy.  “We were honored to represent our client, grateful for his trust in our firm, and wish him the very best,” finished More.

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Bentley & More LLP give back to the Newport Beach Police Department during COVID-19

This past Friday we had the pleasure of providing meals for the #FrontlineFighters of the Newport Beach Police Department. Our gratitude goes out to the entire department for their service to our community. Thank you for your unwavering dedication to keeping Newport Beach safe during these unprecedented times. We salute you!

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Settlement Alert – Keith More & Whit Bertch team up for a Personal Injury & Workers’ Comp success story!

Keith P. More and Whit D. Bertch of Bentley & More LLP secured a $1.01M policy limits settlement for a fifty-five-year-old man who suffered catastrophic injuries when he fell 18.5 feet from a scaffold system on a residential development construction project in Irvine, California. He suffered numerous fractures including seventeen ribs, lumbar, sacrum, pelvis, clavicle, left mandibular angle, and right mandibular parasymphysis. He also suffered a grade III lacerated kidney, heart contusion,  respiratory failure, and traumatic pneumothorax. He was hospitalized for 29 days. After the fall, Cal-OSHA performed an investigation and determined that the scaffold system was negligently erected and identified forty-six (46) instances of violations of Title 8 of the California Code of Regulations. It issued five (5) citations and proposed penalties exceeding $69,000.  Additionally, due to allegations of significant employer negligence the workers compensation lien of $404,000 was reduced to $50,000 and a waiver of credit rights in the work comp case. The firm is also representing him for his workers compensation case as he was on-the-job at the time of the fall working as a framing foreman for his employer.

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Opening the Door on Business Interruption Insurance: Join us for a LIVE Webinar May 7, 2020

 

Join us for a LIVE webinar: The Basics of Business Interruption Insurance due to the COVID Crisis on May, 7, 2020 (2pm – 3pm) as Firm Partners Greg Bentley & Matt Clark lead us in the topic. Visit octla.org to register.

Hear an update on the current state of the law and learn step by step how to:

·         Interpret policy language;

·         Evaluate potential exclusions; 

·         Properly submit your business interruption claim; and

·         Prepare for the likely bad faith suit to follow.

Presented by:

Greg Bentley, Esq., Bentley & More
Matthew Clark, Esq., Bentley & More

MCLE Credit
This program is approved for 1-hour MCLE Credit. Your MCLE Certificate of Attendance will be available to view and download in your online profile 1-2 days after the webinar date. Attendees must have participated in the program in its entirety to receive MCLE credit.

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Keith More & Matt Clark discuss Workers’ Compensation & Covid-19 in The Daily Journal

Bentley & More Co-Founder Keith More with Firm Partner Matt Clark are featured in the recent publication of The Los Angeles & San Francisco Daily Journal discussing Workers’Compensation & Covid-19. Click on the image below for a PDF of the article.

 

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