ICL Wins Trial on Temporary Disability and Earning Capacity for Union Construction Worker – Labor Code 4453(c)(4)

In a recent trial, Injury Compensation Law Attorneys won against defendant on the issues of temporary disability and earning capacity for an injured union construction worker.

In this case, defendant had previously obtained a court order that the applicant’s average weekly wage was $290.76 based on just under 2 weeks (9 days) of wages prior to injury.  The applicant had just started working at the construction employer when he sustained injury to the back and elbow due to an incident.

Unfortunately defendant obtained that rate with incorrect calculations of days and hours worked, and refused to acknowledge earning capacity calculations based on Labor Code 4453(c)(4) where the applicant worked for less than 30 hours per week.  The Judge set aside the prior order under Labor Code 5803 for good cause, including the fact that Applicant’s prior attorney improperly sent a hearing representative instead of a attorney on the day of trial.

Using the Applicant’s Sheet Metal Union 60% journeyman membership documents and prior employment, Injury Compensation Law was able to prove his actual earning capacity under Labor Code 4453(c)(4) was $1,062.80 per week.  This resulted in significant increase in temporary disability benefits for the union worker awaiting surgery, as well as back-pay of over $20,000+ in benefits owed by the insurance carrier.  The court provided excellent analysis of 4453(c)(4) including reference to California Supreme Court case Argonaut Insurance Company v. Industrial Accident Commission (1962) 57 Cal. 2d 589, 594 [27 Cal. Comp. Cases 130, 133].

In a comment to bLAWg.blog, Attorney and Founding Partner J. Grant McCreary said: “This is a big win for our client, as he was almost evicted due to defendant paying less than $200 per week in temporary disability benefits.  Now he can comfortably pay his bills and support his wife and kids as he awaits surgery and recovery.  This case shows that injured workers should not settle for questionable firms with hearing representatives that don’t know the law.  Union workers should always find a knowledgable aggressive attorneys that can work with their union representatives to make sure proper benefits are paid in full.  A special thanks to Sheet Metal | Air | Rail | Transportation (SMART) Local Union 105 for their help providing documents and support!”

Southern California Rain Storms Increase Auto/Car Accidents, Crashes, & Injuries

If you live in Southern California (ie Los Angeles, Orange County, San Diego, Riverside, San Bernardino) areas you know it’s been raining heavily over the last couple weeks.

The Department of Transportation estimates 21% of all auto/car accidents and crashes are due to weather conditions.  Water levels and lane submersion can cause sudden decreases in speed, delays, hydroplaning, and fender benders.

These kind of accidents and crashes can cause serious injuries, including whiplash, neck injuries, back injuries, broken bones, sprains, strains, concussions, bruises, and even deaths.

According to the OCRegister (and National Highway Traffic Safety Administration), the I-10 was the 4th most dangerous highway in America and the I-5 was the 7th most dangerous.  In 2016 alone, 8 fatal crashes occured within just a quarter mile of the I-405 and the I-605 interchange. In 2016, 56 fatal crashes occurred on I-10 between Santa Monica and Beaumont, a distance of about 100 miles.  The top reason: driving too fast.  The top involvement: drivers under 34 years old.

If you have been injured in a car accident, make sure to get to a safe place, exchange information with the other driver, obtain a police report, and then call a knowledgeable attorney.  The lawyers at Injury Compensation Law PC provide excellent service and quick resolution, and there are no fees until compensation is obtained.  You can reach the Los Angeles/Orange County/Inland Empire office at 714-627-2622 or the San Diego office at 619-550-2111