If you were injured at work and need legal assistance, we:
Will treat you with utmost respect
Provide the highest quality of legal service
Promptly return client telephone calls
Answer all our client's letters
Provide multi-lingual services including Spanish and Filipino
Provide expert service on CAL/OSHA safety violations
Workers' Comp Tip of the Month
"If you ever have an accident at work, even if you are not hurt, tell your supervisor and fill out a DWC-1 (claim form). Sometimes injuries don't show up immediately and it's best to have a written record if anything should occur." - Vanessa Bonifacio Redula, Esq.
February 10, 2018
We just concluded the Winter Convention of the California Applicant Attorneys Association in Palm Springs.
We came back with renewed determination and eagerness to continue the good fight for the injured workers
and to make the most of these laws that we work under, no matter how unfair it is.
The usual highlight of the Convention is the review of the Most Important Cases by a Panel composed of very intelligent and seasoned attorneys of our organization. It is intended to keep all of us - injured workers' attorneys, current on our understanding of how some issues were recently decided by the Courts. This year was no exception.
One of the more interesting cases is one that dealt with medical care and to what extent an insurance company will go to delay and/or deny medical care reasonably necessary to cure or relieve an injured worker from the effects of his/her injury.
The case is: Sandra Catlin v. JC. Penney, Inc.(2017) Wrk. Comp. P.D. LEXIS 106 (Board Panel Decision)
Injured worker, Sandra Catlin wasa switchboard operator for J.C.Penney who sustained cumulative trauma injury at work to her back, neck, shoulders, and chest. The ase was settled by Compromise and Release in 2012 leaving the right to future medical care for this injury.
Her primary treating physician recommended a number of treatment modalities,including bathroom safety rails, a home electric stair lift, a hospital bed, medications, and home health care. These treatment modalities were referred by the insurance company to its utilization reviewer who approved them. In spite of this approval, defendant continued its refusal and set Ms Catlin's evaluation by an orthopedist citing Labor Code section 4050. Ms. Catlin filed for Expedited Hearing.
At the Expedited Hearing the Judge issued a Minute Order wherein he ordered defendant to provide applicant with a nurse case manager for treatment and home care and further ordered injured worker to be seen the Agreed Medical Examiner (AME) who previously evaluated her.
Defendant filed a Petition for Removal alleging that the Judge deprived them of their fundamental and statutory rights under Labor Code 4050 to have applicant evaluated by a physician of their own choosing and at their expense. They also argued that the Judge's referral to the AME was in error because there is no pending medical-legal dispute and that the sole purpose of the LC 4050 examination was to monitor and assess the applicannt's ongoing medical treatment.
The Workers' Compensation Appeals Board (WCAB) panel granted Removal and affirmed the Judge's Minute Order as to all parts except the part where the Judge ordered applicant to be seen by the AME. They opined that there is no medical dispute that would warrant a re-evaluation with the AME which would be appropriate if there was an objection under either Labor Code section 4060, 4061 or 4062.
What we learned from this case is that, medical treatment and modalities approved by the Utilization Reviewer cannot be defeated by using Labor Code 4050 as an excuse for a third bite at the apple. Defendant insurance company already had two bites at the apple - injured worker is treating with a physician who is a member of its Medical Provider Network (first bite) and then had the medical treatment or modality proposed by the MPN doctor reviewed by another physician of its own choosing, the Utilization Reviewer.
November 2, 2017
My partner, Jason King Redula, just concluded a very successful tenure as Chapter President of the California Applicant Attorneys’ Association, Monterey Chapter. He served three (3) consecutive years as Chapter President.
As a brief background, the California Applicant Attorneys Association (CAAA) was organized in 1966 and its members have dedicated themselves to helping Californians who get hurt on the job and get back to work. Monterey Chapter is one of its Chapters encompassing the tri-counties of Monterey, Santa Cruz and San Benito.
During his term, he presided over more regularly scheduled meetings than previous years. During most of those meetings, attendance was very good and a Resource Speaker was present. As Chapter President, he also served on the CAAA Board of Directors and Committee Member of the Tech and Social Media Committee.
During his term, we had two (2) consecutive Holiday Parties to celebrate each successful year.
He was also able to institute continuing education of the bar (CEB) credits for the meetings beginning in 2017.
We are certainly proud of Partner Jason King Redula for a job well done.
By: Vic R. Redula, Sr. esq.
Client Testimonial #1
"I am very glad that you are my attorney. I truly believe that God put you in my life for a reason. Without Him, I might not be here today. But you have brought the comfort that I needed. It has been a long road and I can finally see the finish line. Jason, you are a wonderful man and I truly appreciate everything you have done and continue to do. You bring great comfort and I thank you."
Client Testimonial #2
"After all we have been through for the past two years, I wanted to let you know that I am so very grateful and appreciative for all you have done for me. Thank you for tirelessly pioneering on this quest and expertly guiding me through the complicated workers compensation process."
"I need to mention that I was always impressed that your father and your staff remembered my name and acknowledged me whenever I walked into the office. Although you were often busy with your other cases, you tried to make time to meet with me when I asked to meet with you, and you always responded to my e-mails in remarkable time. Not once did you speak down to me. All of this was quite exceptional. I very much appreciate you, your father, and your staff for their hard word, professionalism, and most importantly for treating me like a human being."
"I understand the personal and professional sacrifices you have had to make to keep me as a client, and for that commitment you went above and beyond to help me because you believed in yourself, and you believed in me. I am forever grateful for all that you did for me."
Old blog posts can be found at http://redulablog.blogspot.com/
Redula & Redula Team Members:
- Vic R. Redula, esq. - Partner, certified specialist in workers' compensation
- Jason K. Redula, esq. - Partner, certified specialist in workers' compensation
- Vanessa Bonifacio Redula, esq. - Associate Attorney
- Brenda Carpio, Senior Legal Assistant
- Shaina Perez, Legal Assistant.