#workers' compensation law firms in Oakland

[latimerlaw]

Latimer Law is a reputable law firm in Oakland, known for its expertise in handling work injury cases. Their team of experienced lawyers is dedicated to helping clients get the compensation they deserve for their injuries, including medical bills, lost wages, and pain and suffering. They have a proven track record of success in winning settlements and verdicts for their clients. Latimer Law offers personalized attention to each case, ensuring that clients receive the Best Work Injury Lawyer Oakland . Contact them today for a free consultation and find out how they can help you with your work injury claim.

[lboogie1906]

Judge Jacques Elmer Leeds (September 10, 1927 - July 1, 2018)

After graduating from Frederick Douglass High School, he went to West Virginia State University for a short period, and from there he was drafted into the army and had basic training at West Point. His assignment to the Calvary Detachment taught him to ride and care for horses and to train other cadets assigned to that Detachment. He became an MP and was sent to Oakland. After his discharge from service, he entered Morgan State College.

His achievements after three years of study allowed him to apply and be accepted to the University of Maryland School of Law which he completed. He was one of three African Americans in his graduating class.

A true Renaissance man was as well a man of firsts. He was the first African American man to open a private practice law firm at Mondawmin Mall. He was appointed Deputy Director of the Southern Maryland Tri-County Community Action Committee, an organization devoted to the war on poverty and fair housing projects. He was appointed the Assistant City Solicitor and appointed Assistant Attorney General for the State of Maryland. His candidacy for State Senate (4th district of Baltimore) was withdrawn and he chose to support the late Senator Verda Welcome a civil rights leader and the first African American woman elected to the Maryland State Senate. His lasting legacy with the Maryland State Workers Compensation Commission as an African American presiding Judge was most rewarding. He got a chance to help those who deserved benefits.

He was married to his wife Martha (Polly) for 45 years, they had one son, 6 grandchildren, and 1 great-grandchild. #africanhistory365 #africanexcellence #kappaalphapsi

[jgonzalezlaw-blog]

What is Premise Liability?

Premise liability is a branch of law that covers cases involving incidents that occur because of unsafe or defective conditions that exist on a piece of property. Under local, state, and federal law, all property owners have an obligation to keep visitors safe.

To abide by these laws, property owners must make an effort to maintain a safe environment. Failure to do so can result in a lawsuit where a premise liability lawyer will have to determine what kind of negligence occurred and prove that:

A certain condition on the defendant’s property posed a serious risk of injury.

The property owner should have been aware of these dangers through proper inspection.

The property owner failed to fix or repair the dangerous condition even after knowing of the issue.

Texas law recognizes the following categories of visitors:

Invitee: This individual is given express or implied permission to be on the property. Invitees include people such as retail clients and workers.

Licensee: A licensee is a person who has no contractual relation with the property owner but has express or implicit permission to be on the property. Licensees include individuals such as social guests at a residence.

Trespasser: This is a person who does not have express or implied permission to be on a property. While trespassers typically do not have the right to file a claim, a property owner cannot lawfully prepare pitfalls or traps for a trespasser in order to harm them.

In Texas, you have a two (2) year deadline for filing a premises liability claim. Failure to file within this time frame essentially means forfeiting your rights to file a claim.

One thing to keep in mind, also, is that insurance companies often act in bad faith. Bad faith includes different tactics insurance companies use to underpay or completely deny your claim.

Do NOT settle your claim with your insurance company without consulting the Rio Grande Valley premises liability lawyers of J. Gonzalez Injury Attorneys. We will fight hard to help you secure the compensation you need to heal.

Contact us at The J Gonzalez Law Firm:

 McAllen

2120 Oakland Avenue McAllen, TX 78501 (956) 630-6700

Brownsville

4217 Expressway 83 Brownsville, TX 78520 (956) 630-6700

Rio Grande City

2117 E. Highway 83 Rio Grande City, TX 78582 (956) 630-6700

 https://www.jgonzalezlawfirm.com/practice-areas/premises-liability-lawyer/

#premise #premiseliability #Texas #lawyers #TexasLawyers

[stephenmccull]

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety

After spending a May day preparing her classroom to reopen for preschoolers, Ana Aguilar was informed that the tots would not have to wear face masks when they came back. What’s more, she had to sign a form agreeing not to sue the school if she caught COVID-19 or suffered any injury from it while working there.

Other teachers signed the form distributed by the Montessori Schools of Irvine, but Aguilar said she felt uncomfortable, although it stipulated that staff members would be masked. At 23, she has a compromised immune system and was also worried that she could pass the coronavirus on to her fiancé and other family members.

Aguilar refused to sign, and a week later she was fired. “They said it was my choice to sign the paper, but it wasn’t really my choice,” said Aguilar, who’s currently jobless and receiving $276 a week in unemployment benefits. “I felt so bullied.”

As employers in California and across the country ask employees to return to the workplace, many have considered and some are requiring employees to sign similar waivers, employment lawyers say. And many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers.

“These are illegal agreements that are totally unfair to workers,” said Christian Schreiber, a San Francisco lawyer who represents Aguilar and other employees.

The California State Legislature last year passed a law, AB-51, prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. The law, which also prohibits firing any employee for refusing to sign, is being challenged in court by business groups.

Only a few employers have forced employees to sign liability waivers, at least partly because these waivers likely would be held unenforceable by courts, lawyers who represent employers say.

“Courts don’t recognize them because of the unequal bargaining power between employers and employees,” said Isaac Mamaysky, a partner at the Potomac Law Group in New York City. “With so many unemployed, people would sign just about anything to get a job.”

Another reason they are considered unenforceable: Workers who get sick or injured on the job generally are compensated through state workers’ compensation systems rather than through the courts, and state laws don’t allow employers to force employees to sign away their right to pursue workers’ comp claims, Mamaysky said.

Companies may have the right to require nonemployees working on their premises to sign COVID waivers. When the New York Stock Exchange reopened in late May, it made floor traders sign a form clearing the exchange of liability if they contracted COVID-19. That was legally permissible because the traders were not exchange employees, an NYSE spokesman said. He declined to say whether any traders have become infected with the virus.

The Las Vegas-based restaurant chain Nacho Daddy, which did require employees to surrender their right to sue over COVID-19, reportedly fired some who refused. Following negative media coverage, Nacho Daddy removed the language that waived legal rights and instead had employees agree to follow safety rules such as masking and social distancing. The company did not respond to a request for comment.

Having employees agree to comply with safety rules is a more common and legally acceptable approach than waivers.

“I suggest my clients go to this reasonable middle ground: Here’s what we promise to you, here’s what we want you to promise to us,” said David Barron, an employment lawyer with Cozen O’Connor in Houston.

Business groups hope Senate Majority Leader Mitch McConnell will make liability waivers unnecessary. He has proposed a Senate bill with broad liability protection for employers for five years against a range of coronavirus-related claims, and says he won’t back any COVID relief bill that doesn’t include such protections. President Donald Trump has said he supports the liability protection.

At least 10 states already have enacted laws providing some form of immunity for businesses from lawsuits brought by employees and others who contract COVID-19. Similar bills are pending in about 10 more states, according to the National Employment Law Project. The California Assembly is considering a liability protection bill for public K-12 schools.

Federal legislation to provide COVID liability relief for employers should protect only those that follow applicable health and safety guidelines, said John Abegg, executive vice president of the U.S. Chamber Institute for Legal Reform, which supports McConnell’s proposal.

But even if McConnell is able to overcome Democratic opposition and pass liability protection as part of a new pandemic economic relief bill, that still wouldn’t shield employers from lawsuits claiming gross negligence or reckless or intentional conduct in failing to implement COVID-19 safety precautions.

Across the country, hospitals and nursing homes, as well as companies like McDonald’s, Walmart and Safeway, have been hit with wrongful death lawsuits filed by families of employees who died from the virus. They typically cite egregious conduct that goes beyond ordinary negligence, potentially erasing any statutory liability relief.

Nearly 50 COVID-related lawsuits have been filed relating to conditions of employment, including exposure to the coronavirus or the lack of protective equipment, according to data collected by the law firm Hunton Andrews Kurth.

In many states, alleging intentional misconduct also may allow workers harmed by COVID-19, and their families, to file lawsuits rather than go through the workers’ compensation system, and thus seek bigger damage awards.

For instance, a suit filed in Alameda County Superior Court in June by the widow of a longtime employee of Safeway’s distribution center in Tracy, California, alleged that the company had concealed a COVID-19 outbreak from workers and informed them that personal protective equipment was not recommended, contrary to guidelines from federal and state authorities.

“I don’t know of any jurisdiction that would allow a waiver against intentional misconduct,” said Louis DiLorenzo, head of the labor and employment practice for Bond Schoeneck & King in New York, who represents employers. “That would encourage misconduct.”

Worker advocates argue that lawsuits like the one against Safeway should be encouraged — rather than blocked by waivers or immunity laws — to bring to light serious public safety problems. Cases against McDonald’s in Oakland and Chicago — in which workers claimed the restaurants had created a “public nuisance” by not taking steps to adequately protect workers and customers from COVID-19 — resulted in court orders in late June for those McDonald’s restaurants to implement safety measures such as masks, social distancing and temperature checks.

“A very tiny number of cases are being filed by workers, and those cases are valuable,” said Hugh Baran, a staff lawyer at the National Employment Law Project. “These are the kinds of claims we should want workers to bring.”

Schreiber said he contacted the Montessori school about Aguilar’s firing, and it offered to reinstate her without having her sign the waiver. But Aguilar declined, saying the school was putting teachers at risk by not requiring pupils to wear masks. The school then offered her six weeks of severance pay, which she is considering.

By refusing to sign the waiver or accept her job back, she said, she was standing up for all the teachers at the school, many of whom have children and can’t afford to lose their job.

“I liked my job and I needed the paycheck,” Aguilar said. “But making you sign these papers is telling you that whatever happens, they really don’t care.”

This KHN story first published on California Healthline, a service of the California Health Care Foundation.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety published first on https://smartdrinkingweb.weebly.com/

[gordonwilliamsweb]

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety

After spending a May day preparing her classroom to reopen for preschoolers, Ana Aguilar was informed that the tots would not have to wear face masks when they came back. What’s more, she had to sign a form agreeing not to sue the school if she caught COVID-19 or suffered any injury from it while working there.

Other teachers signed the form distributed by the Montessori Schools of Irvine, but Aguilar said she felt uncomfortable, although it stipulated that staff members would be masked. At 23, she has a compromised immune system and was also worried that she could pass the coronavirus on to her fiancé and other family members.

Aguilar refused to sign, and a week later she was fired. “They said it was my choice to sign the paper, but it wasn’t really my choice,” said Aguilar, who’s currently jobless and receiving $276 a week in unemployment benefits. “I felt so bullied.”

As employers in California and across the country ask employees to return to the workplace, many have considered and some are requiring employees to sign similar waivers, employment lawyers say. And many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers.

“These are illegal agreements that are totally unfair to workers,” said Christian Schreiber, a San Francisco lawyer who represents Aguilar and other employees.

The California State Legislature last year passed a law, AB-51, prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. The law, which also prohibits firing any employee for refusing to sign, is being challenged in court by business groups.

Only a few employers have forced employees to sign liability waivers, at least partly because these waivers likely would be held unenforceable by courts, lawyers who represent employers say.

“Courts don’t recognize them because of the unequal bargaining power between employers and employees,” said Isaac Mamaysky, a partner at the Potomac Law Group in New York City. “With so many unemployed, people would sign just about anything to get a job.”

Another reason they are considered unenforceable: Workers who get sick or injured on the job generally are compensated through state workers’ compensation systems rather than through the courts, and state laws don’t allow employers to force employees to sign away their right to pursue workers’ comp claims, Mamaysky said.

Companies may have the right to require nonemployees working on their premises to sign COVID waivers. When the New York Stock Exchange reopened in late May, it made floor traders sign a form clearing the exchange of liability if they contracted COVID-19. That was legally permissible because the traders were not exchange employees, an NYSE spokesman said. He declined to say whether any traders have become infected with the virus.

The Las Vegas-based restaurant chain Nacho Daddy, which did require employees to surrender their right to sue over COVID-19, reportedly fired some who refused. Following negative media coverage, Nacho Daddy removed the language that waived legal rights and instead had employees agree to follow safety rules such as masking and social distancing. The company did not respond to a request for comment.

Having employees agree to comply with safety rules is a more common and legally acceptable approach than waivers.

“I suggest my clients go to this reasonable middle ground: Here’s what we promise to you, here’s what we want you to promise to us,” said David Barron, an employment lawyer with Cozen O’Connor in Houston.

Business groups hope Senate Majority Leader Mitch McConnell will make liability waivers unnecessary. He has proposed a Senate bill with broad liability protection for employers for five years against a range of coronavirus-related claims, and says he won’t back any COVID relief bill that doesn’t include such protections. President Donald Trump has said he supports the liability protection.

At least 10 states already have enacted laws providing some form of immunity for businesses from lawsuits brought by employees and others who contract COVID-19. Similar bills are pending in about 10 more states, according to the National Employment Law Project. The California Assembly is considering a liability protection bill for public K-12 schools.

Federal legislation to provide COVID liability relief for employers should protect only those that follow applicable health and safety guidelines, said John Abegg, executive vice president of the U.S. Chamber Institute for Legal Reform, which supports McConnell’s proposal.

But even if McConnell is able to overcome Democratic opposition and pass liability protection as part of a new pandemic economic relief bill, that still wouldn’t shield employers from lawsuits claiming gross negligence or reckless or intentional conduct in failing to implement COVID-19 safety precautions.

Across the country, hospitals and nursing homes, as well as companies like McDonald’s, Walmart and Safeway, have been hit with wrongful death lawsuits filed by families of employees who died from the virus. They typically cite egregious conduct that goes beyond ordinary negligence, potentially erasing any statutory liability relief.

Nearly 50 COVID-related lawsuits have been filed relating to conditions of employment, including exposure to the coronavirus or the lack of protective equipment, according to data collected by the law firm Hunton Andrews Kurth.

In many states, alleging intentional misconduct also may allow workers harmed by COVID-19, and their families, to file lawsuits rather than go through the workers’ compensation system, and thus seek bigger damage awards.

For instance, a suit filed in Alameda County Superior Court in June by the widow of a longtime employee of Safeway’s distribution center in Tracy, California, alleged that the company had concealed a COVID-19 outbreak from workers and informed them that personal protective equipment was not recommended, contrary to guidelines from federal and state authorities.

“I don’t know of any jurisdiction that would allow a waiver against intentional misconduct,” said Louis DiLorenzo, head of the labor and employment practice for Bond Schoeneck & King in New York, who represents employers. “That would encourage misconduct.”

Worker advocates argue that lawsuits like the one against Safeway should be encouraged — rather than blocked by waivers or immunity laws — to bring to light serious public safety problems. Cases against McDonald’s in Oakland and Chicago — in which workers claimed the restaurants had created a “public nuisance” by not taking steps to adequately protect workers and customers from COVID-19 — resulted in court orders in late June for those McDonald’s restaurants to implement safety measures such as masks, social distancing and temperature checks.

“A very tiny number of cases are being filed by workers, and those cases are valuable,” said Hugh Baran, a staff lawyer at the National Employment Law Project. “These are the kinds of claims we should want workers to bring.”

Schreiber said he contacted the Montessori school about Aguilar’s firing, and it offered to reinstate her without having her sign the waiver. But Aguilar declined, saying the school was putting teachers at risk by not requiring pupils to wear masks. The school then offered her six weeks of severance pay, which she is considering.

By refusing to sign the waiver or accept her job back, she said, she was standing up for all the teachers at the school, many of whom have children and can’t afford to lose their job.

“I liked my job and I needed the paycheck,” Aguilar said. “But making you sign these papers is telling you that whatever happens, they really don’t care.”

This KHN story first published on California Healthline, a service of the California Health Care Foundation.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety published first on https://nootropicspowdersupplier.tumblr.com/

[dinafbrownil]

Employers Require COVID Liability Waivers as Conflict Mounts Over Workplace Safety

After spending a May day preparing her classroom to reopen for preschoolers, Ana Aguilar was informed that the tots would not have to wear face masks when they came back. What’s more, she had to sign a form agreeing not to sue the school if she caught COVID-19 or suffered any injury from it while working there.

Other teachers signed the form distributed by the Montessori Schools of Irvine, but Aguilar said she felt uncomfortable, although it stipulated that staff members would be masked. At 23, she has a compromised immune system and was also worried that she could pass the coronavirus on to her fiancé and other family members.

Aguilar refused to sign, and a week later she was fired. “They said it was my choice to sign the paper, but it wasn’t really my choice,” said Aguilar, who’s currently jobless and receiving $276 a week in unemployment benefits. “I felt so bullied.”

As employers in California and across the country ask employees to return to the workplace, many have considered and some are requiring employees to sign similar waivers, employment lawyers say. And many employees, mostly lower-wage and minority workers in essential jobs, are calling lawyers to complain about the waivers.

“These are illegal agreements that are totally unfair to workers,” said Christian Schreiber, a San Francisco lawyer who represents Aguilar and other employees.

The California State Legislature last year passed a law, AB-51, prohibiting employers from requiring employees or job applicants to sign away their right to pursue legal claims or benefits under state law. The law, which also prohibits firing any employee for refusing to sign, is being challenged in court by business groups.

Only a few employers have forced employees to sign liability waivers, at least partly because these waivers likely would be held unenforceable by courts, lawyers who represent employers say.

“Courts don’t recognize them because of the unequal bargaining power between employers and employees,” said Isaac Mamaysky, a partner at the Potomac Law Group in New York City. “With so many unemployed, people would sign just about anything to get a job.”

Another reason they are considered unenforceable: Workers who get sick or injured on the job generally are compensated through state workers’ compensation systems rather than through the courts, and state laws don’t allow employers to force employees to sign away their right to pursue workers’ comp claims, Mamaysky said.

Companies may have the right to require nonemployees working on their premises to sign COVID waivers. When the New York Stock Exchange reopened in late May, it made floor traders sign a form clearing the exchange of liability if they contracted COVID-19. That was legally permissible because the traders were not exchange employees, an NYSE spokesman said. He declined to say whether any traders have become infected with the virus.

The Las Vegas-based restaurant chain Nacho Daddy, which did require employees to surrender their right to sue over COVID-19, reportedly fired some who refused. Following negative media coverage, Nacho Daddy removed the language that waived legal rights and instead had employees agree to follow safety rules such as masking and social distancing. The company did not respond to a request for comment.

Having employees agree to comply with safety rules is a more common and legally acceptable approach than waivers.

“I suggest my clients go to this reasonable middle ground: Here’s what we promise to you, here’s what we want you to promise to us,” said David Barron, an employment lawyer with Cozen O’Connor in Houston.

Business groups hope Senate Majority Leader Mitch McConnell will make liability waivers unnecessary. He has proposed a Senate bill with broad liability protection for employers for five years against a range of coronavirus-related claims, and says he won’t back any COVID relief bill that doesn’t include such protections. President Donald Trump has said he supports the liability protection.

At least 10 states already have enacted laws providing some form of immunity for businesses from lawsuits brought by employees and others who contract COVID-19. Similar bills are pending in about 10 more states, according to the National Employment Law Project. The California Assembly is considering a liability protection bill for public K-12 schools.

Federal legislation to provide COVID liability relief for employers should protect only those that follow applicable health and safety guidelines, said John Abegg, executive vice president of the U.S. Chamber Institute for Legal Reform, which supports McConnell’s proposal.

But even if McConnell is able to overcome Democratic opposition and pass liability protection as part of a new pandemic economic relief bill, that still wouldn’t shield employers from lawsuits claiming gross negligence or reckless or intentional conduct in failing to implement COVID-19 safety precautions.

Across the country, hospitals and nursing homes, as well as companies like McDonald’s, Walmart and Safeway, have been hit with wrongful death lawsuits filed by families of employees who died from the virus. They typically cite egregious conduct that goes beyond ordinary negligence, potentially erasing any statutory liability relief.

Nearly 50 COVID-related lawsuits have been filed relating to conditions of employment, including exposure to the coronavirus or the lack of protective equipment, according to data collected by the law firm Hunton Andrews Kurth.

In many states, alleging intentional misconduct also may allow workers harmed by COVID-19, and their families, to file lawsuits rather than go through the workers’ compensation system, and thus seek bigger damage awards.

For instance, a suit filed in Alameda County Superior Court in June by the widow of a longtime employee of Safeway’s distribution center in Tracy, California, alleged that the company had concealed a COVID-19 outbreak from workers and informed them that personal protective equipment was not recommended, contrary to guidelines from federal and state authorities.

“I don’t know of any jurisdiction that would allow a waiver against intentional misconduct,” said Louis DiLorenzo, head of the labor and employment practice for Bond Schoeneck & King in New York, who represents employers. “That would encourage misconduct.”

Worker advocates argue that lawsuits like the one against Safeway should be encouraged — rather than blocked by waivers or immunity laws — to bring to light serious public safety problems. Cases against McDonald’s in Oakland and Chicago — in which workers claimed the restaurants had created a “public nuisance” by not taking steps to adequately protect workers and customers from COVID-19 — resulted in court orders in late June for those McDonald’s restaurants to implement safety measures such as masks, social distancing and temperature checks.

“A very tiny number of cases are being filed by workers, and those cases are valuable,” said Hugh Baran, a staff lawyer at the National Employment Law Project. “These are the kinds of claims we should want workers to bring.”

Schreiber said he contacted the Montessori school about Aguilar’s firing, and it offered to reinstate her without having her sign the waiver. But Aguilar declined, saying the school was putting teachers at risk by not requiring pupils to wear masks. The school then offered her six weeks of severance pay, which she is considering.

By refusing to sign the waiver or accept her job back, she said, she was standing up for all the teachers at the school, many of whom have children and can’t afford to lose their job.

“I liked my job and I needed the paycheck,” Aguilar said. “But making you sign these papers is telling you that whatever happens, they really don’t care.”

This KHN story first published on California Healthline, a service of the California Health Care Foundation.

Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.

from Updates By Dina https://khn.org/news/employers-require-covid-liability-waivers-as-conflict-mounts-over-workplace-safety/

[toddjstearnlawoffice-blog]

In many construction accident cases, injured workers are eligible for workers' compensation and additional damages from a negligent third party. At the Law Offices of Todd J. Stearn, P.C., we help injured construction workers in the Southfield area recover compensation. If you are suffering injuries, be sure to seek out our firm for counsel you can rely on.

When a third party is responsible for construction accidents and injuries, we can file a separatepersonal injury suit for additional compensation, including compensation for pain and suffering. Our Oakland County personal injury attorneys have the experience to hold negligent third parties liable for the damages our clients need.

WE FIGHT FOR INJURED CONSTRUCTION WORKERS

[sandramsizemore]

CA Cities and Counties announce settlement agreement with NL Industries on lead paint

NL to provide $60.2 million in funding to address lead paint in homes across California

After 18 years of litigation, NL Industries, Inc. (“NL”) and the People of the State of California, represented by the County Counsels and City Attorneys of 10 California jurisdictions, have reached a historic settlement agreement to fund remediation of lead paint in cities and counties across California. Under the agreement, which is conditioned (among other things) on the court’s certification of the settlement as being in good faith, NL will provide $60.18 million to the Counties of Santa Clara, Los Angeles, Alameda, Monterey, San Mateo, Solano, and Ventura; the City and County of San Francisco; and the Cities of Oakland and San Diego to address lead paint in homes. “For nearly two decades, we have been fighting to protect vulnerable young children from the very serious harms caused by lead paint. We are pleased that NL has decided to resolve this matter and that millions of dollars can now go to address the harms to children resulting from toxic lead paint in homes,” said Santa Clara County Counsel James R. Williams. “The hazards of lead paint have created a public health crisis for communities in California and across our nation,” said San Francisco City Attorney Dennis Herrera. “This agreement ensures that significant resources go to address that crisis and protect children from this toxic environmental hazard.” “Although NL does not agree with the ruling in the courts, and by settling does not admit to any of the claims in the case, NL would prefer that its limited financial resources be used to fund public health programs rather than be spent on continued litigation,” said Andre Pauka, counsel for NL. “Subject to the court’s approval, NL will be able to put this litigation behind it and provide funds for the jurisdictions to address lead paint in the manner they believe is most effective to protect health.” The settlement arises out of County of Santa Clara, et al. v. Atlantic Richfield Company, et al., Santa Clara County Superior Court, Case No. 1-00-CV-788657. The public nuisance lawsuit was filed in 2000 by then-Santa Clara County Counsel Ann Ravel on behalf of the People of the State of California (People). Other cities and counties joined the litigation, including the City and County of San Francisco; the Cities of Oakland and San Diego; and the Counties of Alameda, Los Angeles, Monterey, San Mateo, Solano, and Ventura. In 2014, the Santa Clara County Superior Court ruled that three former lead paint manufacturers — The Sherwin-Williams Company, ConAgra Grocery Products, and NL— were liable for marketing lead paint. Although lead paint was banned for residential use in 1978, it remains present in millions of homes in California. In 2017, the Court of Appeal upheld the Superior Court’s decision to hold the former lead paint manufacturers liable for creating a public nuisance in the 10 cities and counties, but limited the scope of the remedy to pre-1951 homes in the 10 cities and counties and remanded the case to the Superior Court for a hearing on the appointment of a receiver to administer the abatement fund. The California Supreme Court declined to review the Court of Appeal’s decision. The defendants in the case are sponsoring a ballot initiative for the November 2018 election that would invalidate the judgment and ask taxpayers to pay $3.9 billion, through the issuance of State bonds, for the remediation of lead paint and other environmental hazards in homes throughout California. (See the California Attorney General’s official title and summary of the initiative here .) As part of the settlement, NL has agreed to immediately withdraw its support from the initiative. Following this settlement, the remaining defendants are: (1) ConAgra Grocery Products Company; and (2) The Sherwin-Williams Company. The case is now before the trial court to determine the amount of funding sufficient to address the problems lead paint poses in pre-1951 housing. The case is being litigated on behalf of the People by the County of Santa Clara, the City and County of San Francisco, the County of Alameda, the City of Oakland, the City of San Diego, the County of Los Angeles, the County of Monterey, the County of San Mateo, the County of Solano, and the County of Ventura. The People are represented by their own County Counsel and City Attorney’s Offices, working in collaboration with the law firms of Cotchett Pitre & McCarthy LLP, Motley Rice LLP, Mary Alexander and Associates, and the Law Office of Peter Earle. UPDATE 5/17/18: On May 16, 2018, the People of the State of California, represented by 10 County Counsels and City Attorneys, announced a $60 million settlement with one of three defendants — NL Industries, Inc. (“NL”) — in the litigation over lead paint remediation. We understand that representatives of the Sherwin Williams Company, another defendant in the litigation, are now claiming that this settlement somehow reduces Sherwin Williams’s liability to less than $60 million based on Sherwin Williams’s relative share of the lead paint market in California. This is false. The defendants’ liability for public nuisance is unrelated to their relative market share. This settlement does not reduce the liability of ConAgra or Sherwin Williams, who will both remain responsible for the remaining balance of any judgment — which the People calculate at $670 million. The settlement amount with NL is not a reflection of the company’s share of total liability, but rather its ability to pay. Rather than seeking a higher amount that could drive NL into lengthy bankruptcy proceedings and result in pennies on the dollar for remediation, this settlement provides timely, unrestricted funding to clean up the hazards of lead paint and address the harms to children and other vulnerable populations resulting from toxic lead paint in homes. The case is: County of Santa Clara v. Atlantic Richfield Co. et al., Santa Clara Superior Court, case no. 1-00-CV-788657, filed Mar. 23, 2000. Additional documentation from the case is available on the City Attorney’s website at: sfcityattorney.org

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…

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

CA Cities and Counties announce settlement agreement with NL Industries on lead paint published first on http://workers-compensation.blogspot.com/feeds/posts/default?alt=rss

[nathangarblg]

A Personal injury lawyer is your legal adviser who can help you in receiving the recovery amount in case you have suffered any injury. Your Denver personal injury attorney is going to want to meet together with you in preparation for the deposition. A dedicated and professional personal injury Lawyer can help you receive the financial compensation you have to cover any healthcare bills. Employing the best personal injury attorney is a significant decision. The Missouri personal injury attorney accounts for filing the lawsuit and argue for the party in concern, attempting to receive them a just compensation amount.

You must hire a lawyer on a contingency basis. Owing to these time restrictions, it’s important to seek the services of a lawyer and begin the claims process when possible so that your lawyer can fight for the compensation that you deserve. Car crash attorney been hurt in a recent accident. You want a crash attorney to comprehend the circumstance and get you the help you want! Hence an Oakland automobile incident lawyer is also enjoying great business nowadays. Louis wrongful death attorney will investigate and determine the clues and safeguard them.

In case you have any questions regarding your own personal injury case, attorney Mark A. Simon can provide help. It’s essential to be certain that any difficulties with the old lawyer won’t be resurrected with the new one. In that case, there are various medical, personal, and financial issues you’re made to cope with.

Injuries sustained on construction sites can be particularly serious and might bring about permanent 78400 E. Prentice Ave., # 150 physical damage. No matter form which sort of accident you’re suffering from injuries, we can assist you in obtaining a deserving payment. If you’ve suffered an injury, if you’re disabled and can’t do the job, or if a relative has died in an accident because of somebody else’s negligence, we wish to hear your story. If you’re suffering due to one of these injuries, do not neglect to approach personal injury Law Long Island firm immediately.It is crucial 80111 to keep in mind that not every injury will bring about monetary reparation.A personal injury may have a life-long effect on personal injury law firms Denver United States of America you and your family members, diminishing your wellness, ability to earn an income, and total quality of life. Whenever most workplace injuries are covered by workers comp, in the event that you wereinjured on the jobas a consequence of defective equipment, on account of the actions of a third party aside from your employer, or because of your employer’s deliberate actions, you might be eligible to submit a personal injury claim rather than relying on workers comp.

The very first step is to discover legal counsel who has experience within the locality where the case is going to be heard. You ought to be aware, however, your lawyer isn’t going to tell you just what to say in response to the questions asked, but you are going to be advised regarding the kinds of questions that could be expected from opposing counsel and you’ll be given an approximation concerning how long the deposition should take.Our attorneys will help direct you through the strain of handling legal issues United States of America arising with an accident and the consequent injury. Although firing the lawyer might appear the logical first step, clients who intend to fire a lawyer should first seek the services of a new one.Or it might be that the attorney’s experience in a specific Denver area of the law is restricted. Personal injury attorneys mainly represent victims of injuries stemming from the negligence of someone else or just a business.Many Denver personal Colorado injury attorneys have an overall practice, meaning they practice law in a number of different areas.

So as to win the case and get compensation, the lawyer must show that the injury was the consequence of someone else’s negligence or misconduct.Our attorneys also supply the legal counsel you have to acquire fair 303-221-0039 treatment with respect to workers’ comp benefits. With years of knowledge and superior credentials, our personal injury attorneys on Long Island possess the insights essential to analyze the special conditions of your case and get the very best recovery feasible for you. Needless to say, many personal injury lawsuits settle before trial, but this is often on account of the extensive preparation put into all our cases. Your lawyer will be beside you every step along the way to assist as needed. Knowledgeable attorneys understand how to use the law to your case to accomplish the best possible outcome. If you were injured you desire a practical and tactical Denver personal injury lawyer

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Source:http://atkinsclassic.com/when-you-are-looking-for-an-injury-lawyer-you-need-one-that-is-going-to-offer-your-case-the-comp/

from Mack Butler Atkins Charity Classic https://mackbutleratkinscharityclassic.wordpress.com/2017/12/30/when-you-are-looking-for-an-injury-lawyer-you-need-one-that-is-going-to-offer-your-case-the-comp/

[latimerlaw]

Latimer Law is a workers compensation law firm in Oakland CA, specializing in helping injured workers obtain the benefits they deserve. With over 20 years of experience, their team of attorneys is dedicated to fighting for the rights of workers who have been injured on the job. They understand the complexities of California's workers' compensation system and are committed to providing personalized and compassionate legal representation to their clients. If you've been injured at work, trust the team at Jeams Latimer to help you navigate the legal process and get the compensation you deserve.

[lboogie1906]

Jacques Elmer Leeds (born September 10, 1927 - July 1, 2018) After graduating from Frederick Douglass High School, he went to West Virginia State University for a short period and from there he was drafted into the army and had basic training at West Point. His assignment to the Calvary Detachment taught him to ride and care for horses and to train other cadets assigned to that Detachment. He became an MP and was sent to Oakland. After his discharge from service, he entered Morgan State College. His achievements after three years of study allowed him to apply and are accepted to the University of Maryland School of Law which he completed. He was one of three African Americans in his graduating class. A true renaissance man was as well a man of firsts. He was the first African American man to open a private practice law firm at Mondawmin Mall. He was appointed Deputy Director of the Southern Maryland Tri-County Community Action Committee, an organization devoted to the war on poverty and fair housing projects. He was appointed the Assistant City Solicitor and appointed Assistant Attorney General for the State of Maryland. His candidacy for State Senate (4th district of Baltimore) was withdrawn and he chose to support the late Senator Verda Welcome a civil rights leader and the first African American woman elected to the Maryland State Senate. Throughout the many years of his service, his lasting legacy with the Maryland State Workers Compensation Commission as an African American presiding Judge was most rewarding. He finally got a chance to help those who deserved benefits. He was married to his wife Martha (Polly) for 45 years, they had one son, 6 grandchildren, and 1 great-grandchild. #africanhistory365 #African Excellence #kappaalphapsi https://www.instagram.com/p/CiU7iSkr3hqpkWfTH31wgqpjY-p_W2rW0yG9Lk0/?igshid=NGJjMDIxMWI=

[robertruizbn]

A FEEL GOOD STORY

$32,526 in donations to buy toys and 39 boxes of actual toys.

That’s the impressive haul assembled this week by the Oakland workers’ compensation community for the 9th Annual Oakland Mayor’s Toy Drive.

It’s a feel-good “Toy Story”.

A lot of Bay Area kids will have something to smile about as a result of the generosity of the workers’ comp community.

One thing that continually impresses me is how this event continually brings together applicant attorneys, defense attorneys, QME doctors,  copy services, and various ancillary providers. Fighting over cases and legal appeals is checked at the door.

It’s become a large actual event, also, with over 250 people attending at the Rotunda Building in Frank Ogawa Plaza in a show of support for helping kids in need.

Once again my law partner Maria Sager is due big thanks for helping coordinate the event, with help from quite a few other firms.

Here is the poster which lists many of the contributing offices:

Here is a wide angle shot showing the massive number of toys collected:

Thanks to everyone who helps with this event.

Like Kids’ Chance (kidschanceca.org, a non-profit that assists the college education of children of injured workers), this toy drive brings out the best in people.

Perhaps the workers’ comp communities at other WCAB locations have special projects they’d like to share. If so, I’ll be happy to post on those.

And if they don’t, the Oakland Toy Drive would be a good project to emulate.

Stay tuned. I’ll be posting soon on the audit of the DWC’s fraud fighting efforts as well as doing my annual wrap up of the Top 10 events in California Workers’ Comp in 2017.

Julius Young

https://www.boxerlaw.com/attorney/julius-o-young/

A FEEL GOOD STORY published first on http://lawpallp.blogspot.com

[topinforma]

New Post has been published on Mortgage News

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California Inc.: Finally getting her due, Wonder Woman comes to the big screen

Welcome to California Inc., the weekly newsletter of the L.A. Times Business Section.

I’m Business columnist David Lazarus, and here’s a rundown of upcoming stories this week and the highlights of last week.

After the long holiday weekend, trading resumes Tuesday as investors place their first bets since learning that the economy started 2017 with a whimper, though not quite as weak as first thought. The government on Friday revised up its January-March growth reading to a rate of 1.2% — better than an earlier estimate of 0.7% but well below President Trump‘s ambitious growth targets. Growth in the gross domestic product is down from a 2.1% annual growth rate in the fourth quarter and marks the weakest result in a year.

LOOKING AHEAD

Cyber-threats: Three cybersecurity experts will address online risks at a Trojan Talk in downtown Los Angeles on Wednesday. “Your Security, from the Internet to Your Pocket” will feature Terry Benzel, deputy director of USC’s Computer Networks Division; Adam Gertz, legal analyst for Mayor Eric Garcetti; and Kevin Mahaffey, chief technology officer at cybersecurity software company Lookout. Registration opens at 6 p.m. at the California Club. Admission is $39 to $45.

Sony’s new chief: Tony Vinciquerra takes over as chief executive of Sony Pictures Entertainment on Thursday, replacing Michael Lynton. Vinciquerra, 62, has spent more than 30 years in the TV business. He ran one of the nation’s largest station chains, Hearst Argyle, before joining Fox, where he helped transform a hodgepodge of cable channels into a multibillion-dollar empire. Since leaving Fox in 2011, Vinciquerra has been a senior advisor to the private equity firm Texas Pacific Group.

Budget flights: A new discount airline will take off Thursday and land its first flight in Los Angeles. Level, a creation of British Airways’ parent company International Airlines Group, will fly two round-trips each week between Barcelona, Spain, and LAX, and three times a week between Barcelona and Oakland. The airline stirred excitement when it started selling tickets in March, offering one-way fares between California and Spain for as little as $149. Fares are now higher.

Surfing USA: The companies that manage Titans of Mavericks, California’s most famous big-wave surfing competition, plan to auction the event’s business-related assets Thursday as part of bankruptcy proceedings. Titans of Mavericks and affiliate Cartel Management, which filed for Chapter 11 protection in late January, will hold the public sale at the law offices of Levene, Neale, Bender, Yoo & Brill in Los Angeles. Minimum opening bids of $1 million are required.

Wonderful: On Friday, Wonder Woman finally gets her own big-screen moment after 75 years on comic-book pages and TV. Gal Gadot plays the Amazon princess-turned-superhero, introduced last year in “Batman v Superman: Dawn of Justice.” “Wonder Woman” could prove a turning point for Warner Bros.’s DC Comics movie franchise business. “Batman v Superman” and “Suicide Squad” made a lot of money, but got little love from critics and fans.

THE AGENDA

Monday’s Business section examines the best way to structure trade deals. In his first swing through Europe as president, Donald Trump left little doubt that he would pursue his “America First” policy in economic relations as he created a stir by denouncing Germany’s trade surplus with the U.S. and promising to end it. “The Germans are bad, very bad,” he was quoted as saying. But as part of the European Union, Germany does not negotiate trade agreements. That authority rests with the EU.

STORY LINES

Here are some of the other stories that ran in the Times Business section in recent days that we’re continuing to follow:

Boom times: Consumer tastes for fresh strawberries and leaf lettuce — two of California’s most stubbornly labor-intensive crops — have driven a boom along a coastal corridor from the Salinas Valley through the Oxnard Plain in Ventura County, according to a Times analysis. If growers have their way, they’ll open the door to more guest workers under a visa program known as H-2A and face fewer barriers, delays and regulations.

Bank deal:Wells Fargo may have to pay more than $142 million to settle class-action lawsuits connected with its unauthorized-accounts scandal. A federal judge said that he would approve a settlement reached by the bank and plaintiffs’ attorneys — if they agree to a guarantee that all customers be fully compensated for their losses. U.S. District Judge Vince Chhabria said the proposed $142-million payout, while potentially more than enough, could fall short and leave customers in the lurch.

Housing costs: The median home price in L.A. County has reached the all-time high set in 2007, a milestone that follows five years of steady recovery but comes amid renewed concerns over housing affordability. Home prices rose nearly 6% in April from a year earlier, hitting the $550,000 level where the median plateaued in summer 2007 before a sharp decline that bottomed out in 2012. Other areas in Southern California also are hitting record levels.

[latimerlaw]

Latimer Law is a trusted and experienced law firm that specializes in Workers Compensation law in California. Their team of skilled lawyers understands the complexities of the California Workers Compensation system and is committed to helping clients get the compensation they deserve. Whether you've been injured on the job, are dealing with a denied claim, or need guidance navigating the legal process, Latimer Law is here to help. With a proven track record of success and a dedication to client satisfaction, you can trust Latimer Law to be your advocate in your Workers Compensation case.

[latimerlaw]

Claim For Your Rights With The Best Work Injury Lawyer Here at Law Offices of James Latimer. It is the best worker’s compensation law firm in Oakland CA, fighting for families for over 20 years. The company has some of the best legal brains with years of experience to offer you excellent legal strategies. Get to Know More Information, Click the Above Link. 

[latimerlaw]

If you are planning to file for workers’ compensation after an injury, the choice of a lawyer is one of the most important decisions you have to make. You aren’t probably in the best state of mind as you are recovering from an injury, and hence the odds of making the wrong choice are high. Let us look at the five most common mistakes in this article that workers make to help you avoid them.