News Stories

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.

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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

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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. Contact an Irvine Uber acci... Read More

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

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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

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

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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