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Bentley & More are coming at you live this Friday & Saturday at the Annual CAOC, CAOIE & OCTLA’s Palm Springs Seminar May 3-5, 2019

by Keith P. More

Zurich Services Corporation has hit an all-time low in my opinion.  Just when you thought the work comp system could not get worse Zurich is utilizing Dr. Sankar Pemmaraju from Colleyvile, Texas to deny an adaptive physical exercise program for a paraplegic.  The treating doctor of over 4 years, Dr. Ann Vasile felt after a bout with skin breakdown the young injured worker needed a therapy program that was adaptive to him.  She made the request in a Request for Authorization and Zurich sent the request to Dr. Pemmaraju.  A quick glance at Dr. Sankar Pemmaraju’s patient reviews tells the world everything you need to know. On Vitals.com one reviewer stated, “I feel his is a joke. I believe he is bought and paid for by workers comp insurance companies.” Another patient review indicated the, “Doctor is very misleading and lied to me multiple times.” Now, why in an accepted case that Zurich knows is a catastrophic injury would they use a doctor like Dr. Pemmaraju?

The answer is simple, profit over people. The less treatment authorized the greater the profit.  In this case, Dr. Pemmaraju stated, “there is no documentation detailing why claimant could not address increasing endurance, strength, and range of motion with a home exercise program.” Well doctor if he had a home gym with specialized equipment for those suffering from spinal cord injuries I guess he could but until he builds a gym onto his home or converts his son’s bedroom into a gym he needs this adaptive program at a specialized facility.   At what point is someone going to stand up for those less fortunate and at no fault of their own and be as outraged as me.  Join me in telling Zurich this is not okay. Write to Zurich’s National Medical Director Dr. Joseph Semkiu and express your concerns.

On April 17, Bentley & More was once again proud to host the Orange County Trial Lawyers Association (OCTLA) Breakfast Club meeting at the Bentley & More Side Bar! The topic was “Admitting Evidence of Medical Liens at Trial” and Robert Gibson of Gibson & Hughes shared information, insights, and practice tips. The presentation was informative and we had a great turnout. Thank you to OCTLA for allowing us to host, and we look forward to seeing everyone at a future Breakfast Club meeting! #bentleymoresidebar

Join us this Wednesday, April 17 from 7:00 am to 8:00 am at the Bentley & More Side Bar for another informative OCTLA presentation and delicious breakfast! We hope to see you there!

OCTLA’s Breakfast Club Meeting
The SIDE BAR at Bentley & More
4931 Birch Street
Newport Beach 92660

On February 27, 2019, Keith More of Bentley & More LLP in Newport Beach, achieved a $44,100,000 binding arbitration award per the labor union contract on behalf of his client Erick Gonzalez, a worker injured in November 2014 when he fell 24-25 feet while working as a connector building a multistory commercial building.  Mr. Gonzalez was landing steel decking bundles onto iron cross beams at the building project when he tripped over a black banding strap and fell to the ground below.  Mr. Gonzalez was immediately hospitalized, underwent spinal surgery, and was separated from his family for years while he received treatment.  Even to this day, Mr. Gonzalez remains quadriplegic with 100% permanent disability.

Bentley & More LLP litigated both the third-party personal injury case and the worker’s compensation matter on Mr. Gonzalez’s behalf.  After a confidential settlement in the third-party case, reached by Greg Bentley and Keith More, Mr. Gonzalez’s employer (Herrick Corporation) and its insurer (Arch Insurance Company) sought a credit in the worker’s compensation case—which would have eliminated Mr. Gonzalez’s right to receive benefits until the amount of credit was reached—of more than $2,000,000.  But credits are not available to the employer until it has paid its proportionate share of liability – its percentage of fault multiplied by the injured worker’s total tort damages.

Bentley & More LLP and Keith More fought tirelessly against the employer’s petition for credit, based on Herrick’s extensive fault for the accident, including Mr. Gonzalez’s supervisors knowing about the bands, knowing they were a tripping hazard, and only marking them with orange spray paint after Mr. Gonzalez suffered his devastating fall.  Mr. More’s efforts resulted in a binding arbitration with Herrick and its insurer, where the arbitrator found that Herrick Corporation was 60% at fault for Mr. Gonzalez’s injuries, and found his tort damages totaled more than $73,000,000.  Applying Herrick’s percentage of fault, the binding arbitration thus found that Herrick and its insurer were not entitled to a single dollar of credit until they had paid benefits exceeding $44,100,000.

“We are thrilled that the arbitrator saw this petition for credit for what it was – a sham by Herrick and its insurer to avoid paying benefits,” said attorney Keith More.  “Under this binding award, Erick will be entitled to receive the benefits he deserves, and full treatment for his injuries for the rest of his life. ”

The case name is Erick Gonzalez v. Herrick Corporation, et al., Ironworkers Collectively Bargained Workers Compensation Program Case No. IWADR 00572.

https://www.star-telegram.com/news/local/community/fort-worth/article225511100.html?fbclid=IwAR3OScXQ_lSSTalOkx0ngukhDOZtiyBV2nu8VNXvCtjND5PS-2I9ZqRVyDg

This is an absolute tragedy, a man has lost his life because of an exploding defective e-cigarette. Bentley & More co-founding partner Greg Bentley has been leading the charge in holding e-cigarette companies accountable, handling more than 150 cases against e-cigarette manufacturers and sellers on behalf of consumers who have been injured by defective e-cigarette batteries and devices. “What happened to Mr. Brown is unconscionable, an innocent man has lost his life because of the e-cigarette industry’s greed. Consumers should be aware that e-cigarette manufacturers and sellers continually put profit over safety and are brazen in putting consumers at risk,” said Mr. Bentley. “The lack of regulation of these products is also shocking, but we will keep fighting on behalf of consumers to hold this dangerous industry accountable.” #stoptheecigexplosions

Bentley & More had a great night at the Orange County Trial Lawyers Assocation’s (OCTLA) 56th Annual Installation and Awards Program! Judge Glenn Salter received the Judicial Excellence Award and B. James Pantone was sworn in as the 2019 President. Not only did Bentley & More sponsor the event, but our own Whit Bertch won Board Member of the Year, and Mr. Bertch and Partner Clare Lucich were sworn in as members of the 2019 Board of Directors by Senator Connie Leyva! Mr. Bertch was also part of the presentation of the check for $200,000 to the nonprofit Together We Rise, representing the final amount raised at the OCTLA Top Gun Awards in December where co-founding partner Keith More served as the live auctioneer.

It was a fantastic night, and many thanks as always to Janet Thornton for making it all happen, and to Geraldine Ly and her board for an outstanding 2018. Looking forward to an exciting 2019 and continuing to be involved with this great organization!