On May 29, 2019, DGC attorney Jonathan Freeman obtained a take-nothing decision from the Oakland WCAB.

The claimed injury was filed as a cumulative trauma by an applicant at a tire store, who claimed that he suffered a knee and back injury.  Defendant had no medicals to support the claim and immediately referred the case to DGC because they suspected the motive for the claim was that a co-worker (the applicant’s cousin) at the insured had recently received a substantial settlement for a workers’ compensation case.  The applicant failed to attend a scheduled MPN appointment to assess his medical condition during the delay period.  After deposition of the applicant revealed that he had never missed any time from work and continued to be employed by the insured in a full-duty capacity, Jonathan Freeman recommended denial based on the lack of a date of injury under Labor Code Sections 5412 and 5500.5(a).

The PQME evaluated the applicant and provided 0% impairment under DRE I, but did state that the applicant’s back problems were due to a combination of repetitive work and degenerative issues.  Applicant demanded stipulations at 0% PD with a lifetime medical award, which defendants refused on the grounds that without compensable permanent disability or compensable temporary disability there could be no date of injury under Labor Code 5412, and without a last day worked there could not be a “last date” upon which the employee was harmfully exposed under Labor Code 5500.5(a).   Jonathan next pushed the case to hearing with a DOR and obtained favorable stipulations when setting the case for trial, including the fact that the case rated 0% and that applicant had missed no time from work.

The matter was submitted for trial on May 29, 2019.  The WCJ ordered that the applicant take nothing.  The decision has not been appealed and is therefore final.

You can read a redacted version of the WCJ’s Findings, Order, and Opinion on Decision below.

WCJ’s Findings and Order and Opinion on Decision:  Click here

Dietz, Gilmor & Chazen, APC, is proud to announce the promotion of Ryan Greer to firm Partner.

San Diego, CA – 07/17/2019 – 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 Ryan Greer, Esq. to Partner.

Ryan Greer, Managing Attorney (Orange County) will continue his leadership as Partner providing outstanding legal representation from our new office in Orange County.

“Our firm is pleased to share this news and recognize Ryan Greer as an exceptional attorney.  Our clients will also be pleased with this announcement,” said Bill Dietz, speaking on behalf of fellow firm Principals Mark Gilmor and Avery Chazen.

About Dietz, Gilmor & Chazen, APC

DGC was established in 1997 and has now grown to eight California Offices, with 42 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

On May 8, 2019, having committed insurance fraud by lying about prior injuries and medical treatment to a PQME, an applicant pled no contest in the County of Sonoma to one count of insurance fraud under Insurance Code 1871.4(a)(1).

The applicant had claimed a neck and right shoulder injury via cumulative trauma through October 2015. Prior to the case being referred to DGC, the applicant was evaluated by a PQME. In that evaluation, the applicant falsely stated she had never had prior injuries to her right shoulder or neck and had never been involved in a motor vehicle accident. Based on that history, the PQME issued a report finding PD, with no non-industrial apportionment. Defendants began paying PDAs consistent with the rating. The case was then referred to DGC for finalization of stipulations at 15% PD.

However, when reviewing the file materials provided by the client, it became clear that the applicant had grossly misrepresented her medical and litigation history. She had been involved in a MVA resulting in neck pain in 2003. She had also filed a workers’ compensation claim for her right shoulder in 2006 while working for a different employer and had received substantial medical treatment. The medical records also showed that she had been involved in a MVA about 4 months prior to the industrial injury resulting in a whiplash injury to her neck. The applicant continued treating for the neck injury from the MVA until the day after her alleged work injury, at which time she commenced telling her workers’ compensation evaluators that she did not have prior injuries or symptoms. DGC’s Jonathan Freeman recommended a supplemental report to address apportionment before proceeding with stipulations, and recommended the filing of an FD-1.

After Jonathan cleared a cover letter and provided the PQME with these records, he reduced the rating by finding non-industrial apportionment to all body parts. Defendant by that time had a substantial PD overpayment due to the applicant’s material misrepresentations, and this formed the damages of the fraud case which was filed by the DA’s office in the County of Sonoma.

The applicant stipulated to restitution in the amount of $5,145.65, was sentenced to 75 days in jail with the option of entering a work release program, and was put on probation for 36 months.

You can read the redacted Minute Orders below.

Minute Orders – Superior Court of California, County of Sonoma:  Click here

Media Contact:
David Jankosky, Director of Client Services, DGC Attorneys
djankosky@dgcattorneys.com / (818) 654-9911, Ex. 1231