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 Contact:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: Crystal Roney, DGC Client Services (831) 238-2341
Email Address: crystal@dgcattorneys.com

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 Contact:
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: Crystal Roney, DGC Client Services (831) 238-2341
Email Address: crystal@dgcattorneys.com