IN RE LEMUS VS. GOODFELLOW BROS, LLC (2023)
Goldberg & Ibarra takes a win over defendant at Trial on total temporary disability dispute. In Lemus v. Goodfellow Bros the WCAB Judge awarded Total Temporary disability benefits to the Applicant. After this ruling Defendant filed a Petition for Reconsideration.
Defendant petitioned that they were denied due process by allowing the issue of temporary disability to proceed to an Expedited Hearing over Defendant’s timely objection that they had not been allowed sufficient time to complete discovery. Defendant also argued that they were denied due process when not allowed to call the applicant to testify at the Expedited hearing due to Applicant’s failure to appear.
The WCAB denied the Petition for Reconsideration and award was made in favor of Goldberg & Ibarra’s client for total temporary indemnity benefits.
See full case details here:
STATE OF CALIFORNIA Division of Workers’ Compensation Workers’ Compensation Appeals Board File 1
IN RE TAYLOR VS. COUNTY OF MERCED (2021)
Attorney David Ibarra wins defendant’s attorney again after trial on discovery issues. Defendant’s attorney tried to prevent the state panel qualified medical examiner from being able to review transcripts of deposition testimony from the deceased applicant’s widow, coworker, and a medical expert utilized in a separate class action suit. Goldberg & Ibarra filed for a hearing and requested trial. After the parties went to trial, the WCAB Judge decided in favor of Goldberg & Ibarra’s client and cited that the deposition transcripts are relevant and should be reviewed by the state panel qualified medical examiner.
IN RE TAYLOR VS. COUNTY OF MERCED (2019)
In this case, defendant’s attorney challenged the specialty of the state panel qualified medical examiner (Pqme) contending that the Internist Pqme was not the appropriate specialty to evaluate applicant’s injury from exposure to toxic chemicals at work. Goldberg & Ibarra filed for a hearing and requested trial. After the parties went to trial, the WCAB Judge decided in favor of Goldberg & Ibarra’s client and the applicant’s claim proceeded to an evaluation with the Internist panel qualified medical examiner.
See full case details here:
STATE OF CALIFORNIA Division of Workers’ Compensation Workers’ Compensation Appeals Board File 1
STATE OF CALIFORNIA Division of Workers’ Compensation Workers’ Compensation Appeals Board File 2