California Personal Injury Lawyers Blog

WORKERS’ COMPENSATION – MORE ON BENFITS PAID TO ATHLETES

March 7, 2013 | by Robert Walch

As reported here on March 1, 2013, in our blog entitled, “Workers’ Compensation Pays Cash Benefits to Out of State Athletes,” California provides workers’ compensation benefits for injured pro athletes. California is unique in that it does this not only for our own athletes, that is players and former players of our own California NFL teams, like the San Francisco 49ers, Oakland Raiders and San Diego Chargers, but it also does it for players and former players for any out-of-state team who played any games in California.

The reason California pays these work comp benefits is because we are unique in at least two respects:

First, under California law, an injured employee based in another state may claim benefits under California’s workers’ compensation system if the injured worker can show any injury occurred here. And, with all the pro teams located in this state, it is rare for a pro athlete not to play any games in California.

Second, California is one of just nine (9) states that allow workers’ compensation claims for “cumulative trauma injuries”. These are the types of injuries that build up over time. The most common non-sports cumulative trauma injury is carpal tunnel injury which many workers routinely suffer from many years of typing. In the NFL, the most common cumulative trauma injuries have been to knees (like Adrian Peterson’s torn ACL, but returning to win MVP), necks [like Payton Manning returning from four (4) reported neck surgeries to win Comeback Player of the Year] and backs.

WORKERS’ COMPENSATION PAYS CASH BENEFITS TO OUT OF STATE ATHLETES!

March 1, 2013 | by Robert Walch

Did you know that retired professional athletes with non-California teams are receiving California Workers’ Compensation payments?

Former pro athletes who previously played for non-California teams are eligible for and receiving money under California’s workers’ compensation insurance program. According to the Los Angeles Times, former Denver Broncos running back Terrell Davis, who played just nine times in California in his 88 game career, received $199,000 from a California workers’ compensation court. He was paid this workers’ compensation money for the lifelong cumulative effects of his NFL injuries, including injuries to his head, arms, legs and general body, per records of workers’ compensation.

Student Killed After Hit by Car in Pomona

February 28, 2013 | by Robert Walch

A student at Cal Poly was killed after being hit by a car in Pomona, California. The Pomona accident occurred earlier today and the victim’s identity has not yet been released. According to the Los Angeles Times, investigators were still trying to find out the cause of the Pomona pedestrian accident.

It is not yet clear what caused the pedestrian accident in Pomona. The 21 year old student was hit by a car on campus. From early reports, it is not clear if the driver fled the scene or was identified. If the driver was at fault, a Pomona wrongful death claim may be brought against the driver. If the driver had auto insurance, his or her insurance would be responsible for paying the wrongful death damages, up to the amount of the liability coverage on the policy.

There are many potential causes to California pedestrian accidents. Many people are hit by cars when they are jaywalking, meaning crossing a street illegally. However, if a person is jaywalking, drivers still have a duty to act to avoid hitting the person. Unfortunately, many drivers do not anticipate the jaywalker and do not have enough time to react to avoid the accident.

Man Killed in Malibu Pedestrian Accident

February 27, 2013 | by Robert Walch

A pedestrian accident in Malibu has resulted in the death of Luis Olmedo, who was hit by an SUV when crossing Pacific Coast Highway. The Malibu pedestrian accident occurred at about 6:45pm yesterday, near Decker Canyon. According to the Ventura County Star, the investigators say that alcohol and speed did not play a part in the Malibu accident. Investigators did apparently say that they believe Olmedo was at fault.

The Los Angeles County Sheriff’s Department is investigating the case and said the man was fishing at El Pescador Beach before he tried to run across PCH. After the man was hit by the car, the driver called 911. Emergency responders were unable to save him and Mr. Olmedo was pronounced dead.

In over 35 years of handling California personal injury accident cases, we have seen many Pacific Coast Highway car accidents. Unfortunately, despite the sometimes heavy police presence, many drivers tend to drive too fast on PCH, leading to many Malibu car accidents. Also, as the main access road for many residents of Malibu, we see a lot of drunk driving arrests and crashes on PCH. So far, however, there is no evidence that speed or alcohol caused this PCH accident.

Helicopter Crash – 3 People Killed in Los Angeles Work Accident

February 22, 2013 | by Robert Walch

A Los Angeles work accident has resulted in the deaths of the pilot and two passengers of a helicopter, in Polsa Rosa Ranch, California. According to the Los Angeles Times, the helicopter accident occurred during a production of a reality television show for the Discovery Channel. The pilot of the helicopter, David Gibbs, from Valencia, had apparently been involved in other incidents in which he was reprimanded by the FAA.

Many safety issues have come up regarding this particular helicopter crash. First, it has been questioned whether Mr. Gibbs, given his safety record, should have been hired to work on this project. Also, it must be answered why the helicopter was flying at night, in a hilly area with poor visibility. The Los Angeles helicopter accident resulted in the deaths of a crew member and a cast member of the reality based television show that has not yet been named.

According to the L.A. Times, there is currently debate in Hollywood as to the safety of filming certain reality tv shows. It is alleged that deaths and work injuries have occurred due to an attempt to show dramatic footage and cut costs involved in the production of the shows.

Ventura Bicycle Accident Kills Bicyclist

February 18, 2013 | by Robert Walch

A 41 year old bicyclist was killed in a Ventura County bicycle accident on Sunday. The bike accident occurred in Piru, California, which is located in Ventura County. The victim of the bike accident was Jose Jimenez Cervantes, who is from Fillmore, California. According to the Ventura County Star, the victim was struck by a pick up truck driven by Alberto Velgara, who is from Piru.

The Ventura bike accident apparently occurred around 6:30pm on California Highway 126. The California Highway Patrol is investigating the cause of the bike crash. The CHP has said that the victim was not wearing protective lighting equipment or a helmet. The pickup struck Mr. Cervantes from behind, while he was riding on Highway 126. The highway had to be closed for about 90 minutes after the Piru bike accident, for the CHP to conduct its investigation. The findings of the investigation have not yet been released.

UNUM Provident Insurance – Bad Faith Insurance Practices?

February 13, 2013 | by Robert Walch

We are investigating allegations of bad faith insurance practices and conduct by UNUM Insurance, also known as UNUM Provident Insurance, including allegations of UNUM conducting biased investigations in order to deny benefits to its own insureds.

Insurance bad faith refers to a claim that insureds and sometimes others may bring against their own insurer for the insurance company’s bad actions and wrongful conduct, including wrongfully denying claims, delaying payments and communications, and unreasonable and improper investigation practices and tactics.

We are informed that UNUM is one insurer with a history of complaints made against it for bad faith handling of claims, including disability claims.

The UNUM web site states, “Unum is a leading provider of financial protection benefits in the United States and the United Kingdom. Unum’s employee benefits portfolio includes disability, life, accident and critical illness insurance, which help protect millions of working people and their families in the event of illness or injury.”

However, research into UNUM has revealed numerous allegations and complaints of bad faith insurance practices, including the following allegations:

Pickup Truck Driver Killed in San Bernardino Bus Crash

February 6, 2013 | by Robert Walch

The San Bernardino bus accident in Yucaipa, California, over the weekend, has resulted in an eighth fatality, the death of the driver of the pickup truck that was struck by the bus. According to the Los Angeles Times, Fred Bailey Richardson passed away this morning from his truck accident injuries. Richardson had been receiving care at the Intensive Care Unit at Loma Linda University Hospital since the crash.

According to reports, Richardson was driving his pickup truck up California 38, to his home, which was only about four miles away, in Mentone, California, when his truck was struck by the out of control bus. The bus apparently rolled over the pickup truck. The exact cause of the San Bernardino truck accident has not been officially released. However, it has been reported that this particular bus company, Scapadas Magicas, from National City, California, and possibly the specific bus involved in the crash, had a history of safety issues and violations. According to the L.A. Times, this particular bus company was placed on a federal watch list, meant to lead to increased roadside inspections.

The other wrongful death victims of this tragic San Bernardino bus crash included three bus passengers from San Diego, California, and four bus passengers from Tijuana, Mexico.

8 Killed in San Bernardino Bus Accident

February 4, 2013 | by Robert Walch

A tour bus accident in San Bernardino yesterday has resulted in eight deaths and at least 30 injuries. The San Bernardino bus accident apparently occurred when a tour bus, being operated by Scapadas Magicas of National City, lost control near Yucaipa, California. The tour bus then collided with a truck and a passenger car.

The San Bernardino accident occurred on route 38, which is a mountain road leading from Big Bear Mountain, California. According to the Los Angeles Times, the tour bus appeared to have been from Tijuana and was going back to Tijuana at the time of the Yucapia bus crash.

The California Highway Patrol reported that the truck, with one occupant, was crushed when the bus rolled over it, while the passenger sedan had three occupants. Seven California wrongful death victims were from the tour bus. Among the 27 people who had to be taken to hospitals, about six were listed in critical condition.

One Killed in Los Angeles Car Accident

February 1, 2013 | by Robert Walch

One alleged robbery suspect was apparently killed this morning in a freeway accident in Los Angeles. According to the Los Angeles Times, the Los Angeles freeway accident occurred after police received a call about a robbery at a 7-11 convenient store. Officers saw a vehicle which they said was driving recklessly, and a high speed chase occurred.

During the chase, the suspects’ vehicle crashed into another vehicle on the northbound 5 freeway, at the interchange with the 110 freeway. After the crash, the suspects’ vehicle flipped over, trapping the three suspects inside. One of the suspects in the robbery died as a result of his injuries from the Los Angeles car accident. One other suspect had to be hospitalized for his car accident injuries, while the third was taken into police custody.

There were no immediate reports about injuries to the occupants of the vehicle that was struck by the suspects’ car. Based on the lack of information, it is assumed that there were no serious injuries in that vehicle.