In the workers’ compensation and personal injury fields there has been substantial debate in recent years concerning Medicare Set Asides and the powers of Medicare (CMS) to pursue claims against individuals, employers, and insurance carriers where they believe the parties … Continued
THE DUTRA GROUP v BATTERTON 139 S.CT 2275 (2019) Opinion of the Court SUPREME COURT OF THE UNITED STATES No. 18-266 SCOPE OF MARITIME DAMAGES Is the scope of damages for an action brought under both the Jones Act and … Continued
EPS was proud to have one of its pieces (on the issue of medical-legal communcations) requested for publication by the State Bar workers’ compensation section. This piece (also on our site) appears in the May 2020 issue.
588 U.S._______________________ (2019) Opinion of the Court SUPREME COURT OF THE UNITED STATES No. 18-266 THE DUTRA GROUP, PETITIONER v. CHRISTOPHER BATTERTON ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 24, 2019] … Continued
SCRIPPS HEALTH AND UC SAN DIEGO HEALTH join with EPS for another edition of its Morning Speaker Series on June 27, 2019 to address health care employer issues in workers’ compensation.
ENGLAND PONTICELLO & ST.CLAIR (EPS) proudly announced that Alex M. Oberjuerge has been named a partner in the firm. Mr. Oberjuerge is in his eighth year with EPS. Mr. Oberjuerge initially started with the firm as a law clerk in the EPS Los Angeles … Continued
The United States Supreme Court heard oral argument on March 25, 2019 in the matter of The Dutra Group v Batterton, which case now stands submitted for decision. The issue to be addressed is the scope of a seaman’s damages under … Continued
On December 7, 2018, the United States Supreme Court granted Defendant’s Writ of Certiorari in the matter of Dutra Group v Batterton. Defendant Dutra, represented by Barry Ponticello at EPS, sought to strike the punitive damages alleged by Plaintiff under the … Continued
LexisNexis issued their Top 25 “noteworthy” WCAB panel decisions for the second half of 2017. Included was the successful EPS matter of Gomez v. Bay Ship and Yacht (2017) 82 Cal. Comp. Cases 1531, 2017 Cal. Wrk. Comp. P.D. LEXIS 411, which was tried by … Continued
The recovery rights of a workers’ compensation benefit provider in California is unfortunately a misunderstood topic by mediators, counsel and Trial Courts. From having fought to recover millions of dollars state wide in subrogation over the years, EPS is well … Continued
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