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Firm News

What Responsibility Do Uber and Lyft Drivers Have?

The rideshare industry is not as regulated as other forms of transportation, such as a taxi or city bus. Uber and Lyft are private companies that can control their standards for hiring and training drivers. That does not eliminate all driver responsibilities to others, however. In an Uber or Lyft accident, the rideshare driver may carry some degree of legal or financial responsibility depending on the circumstances. Who Is Liable After an Ube... Read More

Bentley & More to Host Orange County Trial Lawyers Association’s April Breakfast Club Meeting

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

Admitting Evidence of Medical Liens at Trial

Enjoy a brief presentation by Robert Gibson of Gibson & Hughes about admitting evidence of medical liens at trial followed by a round table discussion regarding your medical lien cases.

Ask questions and get answers from seasoned attorneys, gain insight from your present and future colleagues while enjoying free breakfast and coffee.

Don’t miss this great opportunity to learn and build relationships in an intimate and relaxed setting.

Attendance to this event is FREE but limited to Attorney Members Only

Please visit https://www.octla.org/index.cfm… to register.

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How Does Worker’s Comp Pay for Lost Wages?

An injury or illness on the job could put you out of work for days, weeks, or months. One of the most compelling reasons to file a workers’ compensation claim in California is for lost wage benefits. In California, workers’ compensation will provide benefits to partially reimburse lost wages according to the specifics of the case, such as recovery time and level of disability. Understanding how workers’ comp may pay for your lost wages can hel... Read More

How to File a Worker’s Compensation Claim

The California workers’ compensation program provides financial benefits to injured workers without requiring the worker to prove anyone else’s negligence. Filing a workers’ compensation claim will result in payment for accident-related medical costs and two-thirds lost wages, without the worker needing to pursue a lawsuit. If you suffer an injury at work, you or your lawyer must obey the state’s filing requirements to obtain an insurance sett... Read More

How Are Wrongful Death Settlements Divided in California?

Wrongful death claims are appropriate when a family member dies because of the negligence, recklessness, or malicious intent of another person or entity. A wrongful death claim cannot take back the tragedy of losing a loved one, but it can help pay for the mountain of expenses that can arise after an unexpected death. Receiving a wrongful death settlement could compensate dependents for a variety of damages. California has specific laws in pla... Read More

Bentley & More LLP achieves $44,100,000 binding arbitration award on behalf of an injured worker

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.

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Is the County Responsible for Pothole Damage?

A pothole can form from the effects of weathering and erosion over time, or because of a poorly designed roadway with infrastructure problems. Ignored potholes can widen and deepen, creating significant hazards for drivers and bicyclists. Striking a pothole could cause significant vehicle damage or an auto accident. Potholes can cause tire blowouts, alignment problems, bent rims, loss of vehicle control, and overturn accidents. It is up to the... Read More