Tag Archives: workers’ compensation defense

Diversity Is Valued Through Inclusiveness at Adelson, Testan, Brundo & Jimenez

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Adelson, Testan, Brundo & Jimenez (ATB Law) believes in and supports diversity, not only by recognizing the value of differences between individuals, but also by supporting a culture of inclusiveness within the firm and with our clients.

We believe that any form of diversity helps strengthen an organization and community, but at ATB we take our commitment to diversity a step further and it’s reflected in our wonderful staff. Adelson, Testan, Brundo & Jimenez attorneys, associates and support staff represent a huge variety of different backgrounds and can offer services in all of the following languages:

Afrikaans

French

Korean

Spanish

Arabic

German

Mandarin

Swedish

Armenian

Greek

Marathi

Taiwanese

English

Hindi

Punjabi

Urdu

Farsi

Italian

Russian

Vietnamese

Adelson, Testan et al. also believes that diversity is more than language and culture. Diversity encompasses all backgrounds, beliefs, experiences, and worldviews. We recognize and value all different types of diversity, including that of race, sex, age, sexual orientation, and even personal interests.

One of the ways that we encourage inclusiveness for all groups is through community outreach programs and support. The organizations our firm supports are as diverse as Adopt a Fire Station, Cerritos College Women’s Soccer, and the Southern California Latvian School, just to name three of among over 100 programs to which Adelson, Testan, Brundo & Jimenez has contributed.

Adelson, Testan, Brundo & Jimenez actively supports diversity throughout our firm with our recruitment efforts and by offering internal mentoring programs and diversity trainings. This not only enhances our ability to serve clients but also enables us to connect more closely with them and with the communities in which we live and work.

Our firm embraces diversity in all of its many forms, in our office and in our communities. Adelson, Testan, Brundo & Jimenez believes that on a macro level, diversity makes the world a more enriching place for all. On a more local level, diversity strengthens the community by incorporating different ideas, viewpoints, and backgrounds. And at Adelson, Testan, Brundo & Jimenez, diversity makes us a stronger firm.

 

 

Managing Partner of Adelson, Testan, Brundo & Jimenez Appointed as Connecticut State Chair for CLM

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Congratulations to Gerald Davino II, Managing Partner of Adelson, Testan, Brundo & Jimenez‘s Rocky Hill, Connecticut office, for being selected as Committee Chair of the prestigious Claims & Litigation Management (CLM) Alliance. Mr. Davino will be helping lead and launch the Connecticut chapter by heading up membership and working together with others to help plan events in local areas in 2013.

Mr. Davino recently completed the CLM sponsored Litigation Management Institute earning him the prestigious designation of Certified Litigation Management Professional (CLMP). As Connecticut State Chair, Mr. Davino will assist in the development and growth of CLM, strengthening affiliations, fostering communications locally, and creating opportunities for participation.

CLM is a national, collaborative alliance created to promote and strengthen the highest standards of claims and litigation management by bringing together industry experts and thought leaders. CLM values having a diverse membership and is dedicated to serving all individuals and companies involved in claims and litigation management, including risk and litigation managers, insurance and claims adjusters, attorneys, risk managers, and third party vendors.

Mr. Davino joined Adelson, Testan, Brundo & Jimenez in 2005, is licensed to practice in both the state of California and Connecticut, and practices in a variety of civil litigation and workers’ compensation matters. In addition to CLM, he is also an active member of the Connecticut Bar Association and Workers’ Compensation Section, Risk & Insurance Management Society (RIMS) and the Connecticut Farmington Valley Chapter.

Sleep Deprivation in Workers’ Compensation Cases

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Michael Costello, partner at the Santa Ana office of Adelson, Testan, Brundo and Jimenez, recently contributed to ATB Law’s educational seminar series with an overview of sleep deprivation add ons in worker’s compensation cases. Sleep deprivation is not a condition, it is a symptom. The AMA Guide helps determine causes of sleep impairment, and whether it is work related. Depositions can uncover pre-existing sleep disorders to help defend against workers’ compensation claims, especially depositions with significant others. Several possible workers’ compensation defenses arise here:

  • Six month rule
  • Post termination
  • Good faith personnel action

Understanding Sleep Deprivation & Workers’ Compensation Defense Strategies

Risk factors that increase the risk of sleep deprivation include morbid obesity, smoking, and neurological disorders. Causation is critical to prove. It can be neurological, pain related, psychological in nature. The question is whether this is a direct cause or a compensable consequence arising from a claim, and defendants must ask questions to determine this.

The doctor’s report should thoroughly cover all aspects of reporting and follow the rules covered under the AMA Guide. Defendants should review medical reports for accuracy; oftentimes, the consulting doctor takes a patient’s word for the condition without a full history, and this can be defended against based on inconsistencies or incomplete data. Next, a utilization review should look at whether there are enough facts in the report to determine causation. A consult after certification will determine causation, but it is not yet time to pay for testing if the sleep deprivation is related to an underlying cause such as pain. Only after maximum medical improvement for an injury is reached should the sleep impairment be revisited to determine whether it is a compensable injury.

Any daily living impairment must be proved through a multi-sleep latency test following a polysomnogram. California’s workers compensation currently rejects impairment under solely an Epworth test as it is an informal test and not objective; Adelson, Testan, Brundo and Jimenez recommends that defendants get the raw data of the MSLT and PSG before paying for any impairment, and should not authorize MSLT and PSG based on the applicant’s or doctor’s request before MMI is reached.

Follow Adelson, Testan, Brundo and Jimenez’ YouTube Channel for more workers’ compensation defense educational seminars, or contact ATB Law to learn more.