News Articles
DGC Associate Attorney in San Francisco, Adam Gati Obtains Take Nothing at Trial
On August 29, 2023, San Francisco DGC associate Adam Gati obtained a take nothing at the Oakland WCAB in spite of a PQME report finding industrial injury in a specific injury case.
The applicant in this case alleged a cumulative trauma to the shoulder from February 21, 2021 – February 21, 2022, and a specific injury occurring on February 22, 2022 to the neck and bilateral shoulders due to a gate falling on him. After settlement discussions failed, the case was set for trial. Eventually, the applicant and his attorney parted ways and the applicant proceeded to trial in pro per.
Mr. Gati was able to get the cumulative trauma dismissed on the day of trial due to a lack of evidence. The applicant did not appeal the cumulative trauma dismissal in a timely fashion and this decision is final.
Regarding the specific injury, Mr. Gati was able to put forward credible witness testimony at trial that the applicant’s version of events was not correct and that a gate did not fall on him as he claimed. The WCJ found that even though the PQME found the injury industrial, the PQME’s conclusions relied on the history of injury as provided by the applicant. Because the WCJ did not believe that the injury occurred as claimed, the applicant did not carry the burden of proof on compensability and did not sustain injury AOE/COE at the insured.
You may read a redacted version of the Findings and Order and Opinion on Decision below.
Findings and Order and Opinion on Decision: Click here.
Media Contacts:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
Email Address: djankosky@dgcattorneys.com
DGC Managing Attorney, James Bruscino, Promoted to firm Partner in Sacramento, California
Dietz, Gilmor & Chazen, APC, is proud to announce the promotion of James Bruscino to firm Partner.
Sacramento, California – 09/22/2023– Dietz, Gilmor & Chazen, APC, a California statewide law firm practicing exclusively in workers’ compensation defense, subrogation, asbestos, Labor Code §132a, and serious and willful misconduct claims, promotes James Bruscino, Esq. to Partner.
“As a pillar of the Sacramento region for decades, Jim Bruscino is most deserving of this recognition and our sincerest thanks for his hard work and dedication to workers’ compensation defense in California and to the firm,” said Mark Gilmor, Managing Partner for DGC, speaking as well for Managing Partner, Avery Chazen.
Mr. Bruscino began his career as a police officer dedicating fifteen years to law enforcement throughout the region with the Novato, Fairfax, and Vallejo Police Departments. After attending McGeorge School of Law at University of the Pacific, he was admitted to the State Bar of California in 1991 and began work as an attorney in workers’ compensation defense. He joined Dietz, Gilmor & Chazen in 2014, was promoted to Managing Attorney in 2017, and is now promoted to firm Partner.
As a Certified Specialist in Workers’ Compensation by the State Bar of California Board of Legal Specialization, Mr. Bruscino serves all involved stakeholders with the utmost integrity and legal expertise, inclusive of public and private self-insured and self-administered employers, insurance and reinsurance carriers, and brokers and risk management expert groups.
DGC was established in 1997 and has eight California offices with 47 licensed California attorneys practicing exclusively in workers’ compensation defense litigation. The firm’s guiding principles are to serve clients with exceptional customer service and legal representation to achieve prompt case resolution and reduce claim costs California businesses. Visit the firm’s website for more information at https://dgcattorneys.com
Media Contacts:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
Email Address: djankosky@dgcattorneys.com
Partner and Managing Attorney, Jonathan Freeman Obtains Nine-Count Felony Complaint Against Applicant Who Lied About Working While Receiving TTD
On November 28, 2022, the San Mateo District Attorney’s Office filed nine counts of felony insurance fraud, as well as a count of attempted perjury, against an applicant in a case handled by Jonathan Freeman of DGC’s San Francisco Office.
Although the case was accepted and temporary disability was being paid, through discovery including subpoenas and a deposition on August 2, 2022, Mr. Freeman established that the applicant was cashing temporary total disability checks while concurrently working for a delivery service.
Additionally, it appeared from the records that the applicant lied about his work with the delivery service at deposition, at first saying that he had not worked anywhere since his date of injury on January 2, 2021. Only later in his deposition did he put forth that he had indeed worked for the delivery service around May of 2021, stating however that it was only for two months.
In reality, the subpoenaed records of the delivery service showed that the applicant had worked for the delivery service for approximately six months, including the day before the deposition and further continuing after the deposition, all while still cashing TTD checks and not reporting his wages to the insurance carrier.
The accused applicant failed to appear at his arraignment on January 11, 2023, and as of January 24, 2023, a bench warrant was issued.
All defendants in a criminal action are presumed innocent until proven guilty in a court of law.
Media Contacts:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
Email Address: djankosky@dgcattorneys.com
Partner and Managing Attorney, Jonathan Freeman Obtains Take Nothing at Trial
The applicant in this case alleged a cumulative trauma to her upper extremity from May 18, 2020 to May 18, 2021 from working at a deli in Sunnyvale, California. Through discovery including subpoenas and a deposition, Mr. Freeman was able to establish that the applicant had medical problems for the claimed body part which pre-existed the policy in the case and was actually on state disability for a non-industrial surgery to the claimed body system prior to the policy going into effect.
Mr. Freeman was able to control the specialty of the panel and obtained a PQME report indicating that the applicant did not have an industrial injury. The PQME maintained this position after a supplemental report. The PQME’s opinion was that the applicant’s upper extremity problems were related to her pre-existing non-industrial surgery and recovery therefrom.
Applicant attorney obtained a competing chiropractic medical legal report from a PTP which indicated that the applicant had cumulative trauma. After settlement discussions were not successful, the case proceeded to two days of trial. After hearing testimony and reviewing defendant’s trial brief, the WCJ issued a decision following the PQME’s report and finding that the applicant did not sustain an injury arising out of and arising in the course of employment to the upper extremity. Applicant attorney did not file a petition for reconsideration and the applicant will take nothing on the claim.
You can read a redacted version of the Findings and Order and Opinion on Decision below.
Findings and Order and Opinion on Decision: Click here.
Media Contacts:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
Email Address: djankosky@dgcattorneys.com
Managing Partner, Avery Chazen Obtains Large Contribution Recovery for Client
The applicant alleged a cumulative trauma injury from May 20, 2007 to May 20, 2008, to his back, psyche, abdomen, eye, lower extremities, upper extremities, head, internal, and reproductive systems. On August 6, 2019, the case-in-chief resolved by Compromise and Release for $778,886.29. Once settlement was reached, the case issues turned to seeking contribution from the codefendant who had 38% of coverage for the cumulative trauma period.
Given the large settlement amount and extensive injuries, benefits paid were in excess of $1,500,000. Thus, seeking contribution was essential to recoup costs for which the codefendant was liable. However, further discovery was pursued by the codefendant in an attempt to decrease their liability. This included the deposition of Dr. Lane, who confirmed his prior favorable opinion regarding apportionment and supplemental reporting from the QME, Dr. Bernicker, which we successfully argued was not substantial. Following codefendant’s discovery attempts, Mr. Chazen aggressively continued to pursue contribution through arbitration. Numerous conferences were held where Mr. Chazen continued to advocate for full pro rata recovery, despite resistance by codefendant regarding date of injury, pro rata percentage, charges incurred and whether there were additional dates of injury.
Ultimately, due to the aggressive efforts by Mr. Chazen and persuasive advocacy, an agreement was reached where codefendant would pay $527,121.99, nearly the full exposure.
You can read a redacted version of the Arbitration Decision, Findings and Order (re Settlement) below:
Arbitration Decision, Findings and Order (re Settlement): Click here
Media Contacts:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
Email Address: djankosky@dgcattorneys.com
Mya Gibson Promoted to Partner and Managing Attorney at Dietz, Gilmor & Chazen
Dietz, Gilmor & Chazen Promotes Mya Gibson to Partner and Managing Attorney.
San Diego, CA – 02/27/2023 – Dietz, Gilmor & Chazen, APC, a California statewide law firm practicing exclusively in workers’ compensation defense, subrogation, asbestos, Labor Code §132a, and serious and willful misconduct claims, announces the promotion of Mya Gibson to Partner and Managing Attorney.
Having joined forces last year with San Diego based DGC Attorneys, Mya Gibson, Esq., an experienced statewide workers’ compensation defense attorney, has been promoted to Partner and Managing Attorney.
DGC Managing Partner Avery Chazen, Esq., shared “Mark [Gilmor] and I are thankful to have such a reputable and high-caliber talent based here with us in San Diego for the benefit of all our California clients. We want to recognize Mya for her proven talents and show our support for her future with DGC.”
Mya has brought nearly two decades of workers’ compensation defense litigation expertise to DGC Attorneys with strong success in exceeding client expectations for rapid settlements, with significant financial savings.
Clients benefitting from Mya’s litigation success include public and private self-insured and self-administered employers, insurance and reinsurance carriers, and brokers and risk management experts in the field of workers’ compensation claims.
Mya will serve as an experienced attorney manager and mentor for associate attorneys for DGC San Diego.
About Dietz, Gilmor & Chazen, APC
DGC was established in 1997 and has now grown to eight California Offices, with 46 attorneys, providing defense for insurance carriers, brokers, third-party administrators, private and public employers, and large self-insured groups. The firm’s guiding principles are based on providing exceptional customer service and legal representation. DGC provides the expertise needed to reduce claim costs and achieve prompt case resolution. Please visit the firm’s website for more information at https://dgcattorneys.com.
Media Contacts:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
Email Address: djankosky@dgcattorneys.com
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