Traditional Workers’ Compensation Defense
Our firm works with major insurance companies, third party administrators, employers, and professional employer organizations (PEOs), providing aggressive defense of workers’ compensation matters.
Our primary focus is a thorough, yet cost-effective defense of workers’ compensation claims from file inception through resolution. We have successfully resolved cases by way of Trial, Petitions for Dismissal, and nominal settlement, achieving significant litigation cost savings for the client and fulfilling the client’s stated litigation goals.
Beyond the case in chief, we are also proficient at defending claims of discrimination claims under Labor Code section 132a and the resolution of lien claims.
Professional Employer Organizations (PEOs)
Our firm specializes in working with Professional Employer Organizations (PEOs), which are also referred to as employee leasing companies. We provide excellent representation of PEOs because of our experience navigating the myriad issues and nuances attendant to employee leasing.
We focus on the threshold issue of employment coverage that is essential in PEO cases—whether the PEO had applicable coverage or not, and how we can swiftly achieve dismissal. Due to our knowledge of the underlying contractual agreements between the PEO and its client, we seek to carefully police the terms of the contract, particularly when there is a question of applicable coverage. While we always maintain our duty to our PEO client, we are also mindful of the important business relationship between the PEO and its own clients.
Often, the PEO may be based outside of California, and thus, our firm is the reliable local partner available to the PEO in the claims process—to perform an employer-level investigation of an injury claim, to conduct witness interviews, and to otherwise obtain and assess the evidence that can support a viable defense.
In order to limit exposure, we take creative and aggressive measures to join other parties under general-special employer arguments, or to join other co-employers or sources of insurance coverage (or the UEBTF if there is no other insurance).
Our attorneys have backgrounds in workers’ compensation, employment law, and subrogation, so we are able to advise the PEO clients regarding the implications of liability that extend beyond workers’ compensation law, and the overlapping issues dealing with an injured employee (such as disability leave law, FEHA claims for discrimination or wrongful termination, and Labor Code 132a retaliation claims).
Entertainment Industry Claims
It takes someone with unique knowledge of the entertainment industry to successfully navigate litigation in this area. Our firm has experience defending workers’ compensation claims for large entertainment companies and studios. We understand the nuance of a claim involving cumulative trauma with multiple production companies and studios and the carriers and entities who are responsible for providing workers’ compensation and payroll for these businesses. Defending these cases requires a deft ability to navigate the myriad of relationships on each case.
Employment Advice and Counseling
We offer advice and counseling on workers’ compensation and disability- related matters. This service is an open line to our clients, which allows them to present issues as they arise in order to proactively reduce exposure and overall costs associated with losses.
Workplace Investigations and Audits
We also conduct workplace investigations and audits on a litigation basis or as a prophylactic measure for clients.