BRODIE/WELCHER APPELLATE EFFORT SHOWSCAAA TEAMWORK
Left to right Marguerite Sweeney, Marc G. Marcus, Merle Rabine, Susan Borg, Maynard (Skip) K. Tescher, Jr., David Froba, Mark E. Gearheart, Roy Otis, William A. Herreras |
By: Mark Gearheart, Esq.
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On April 3, 2007 the California Supreme Court heard oral argument in the Brodie/Welcher cases. As CAAA members know, these cases involve whether newly enacted Labor Code Section 4664 represents the repeal of “formula A” apportionment and whether the new apportionment regime requires that the employer pay for the disability directly caused by the injury (formula C). The Courts of Appeal have gone both ways on this issue, and thus it has found its way to the Supreme Court.
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What may be less apparent is the massive effort by CAAA members to ensure that the
applicant’s side was well prepared for oral argument and ready to clearly articulate our primary points in the intellectual
crossfire of Supreme Court argument.
Of course, these cases involved the usual activities prior to reaching the Supreme Court: client counseling and case preparation, discovery, trial, reconsideration and work in the Courts of Appeal. The cases were consolidated when they reached the Supreme Court. The briefs submitted to the Supreme Court, including all of the Amicus briefs, measure 11 inches when stacked together. (more ...) |
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| Legislative Report This legislative session promises to be action-packed, and, amidst the big publicity items, there are important bills being considered regarding workers’ compensation. As I have described earlier, there are clear indications from the governor’s office as well as the “opposition” that certain modifications will be entertained favorably this year. Among these are changes to permanent disability, temporary disk ability, and medical treatment. (more ...) |
Med-Legal Report
We are increasingly encountering defense tactics of "what if" apportionment, sometimes successful. This type of questioning of AME/QME physicians should be resisted at all times, at all costs. It is simply and absolutely wrong. It is sometimes very subtle and has been encouraged by the concept in the Escobedo case of "apportionment to pathology." |
| Convention Report If solid seminars and intelluctually challenging discussions are the criteria, then the San Deigo convention was a success.From MSC statements to S&W petitions; from outing MPNs to disabusing U.R.; from MSAs to measuring pain,the programs expanded our knowledge in many directions and sharpened our skills. (more ...) |
Golf Report The 2007 Winter Golf Convention Tournament took place at Riverwalk Golf Course in San Diego. Although it was a challenge getting to the course itself, because of some railroad sign problems, the weather was wonderful. The golf results are as follows, based on individuals stroke play: (more ...) |
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