Barry Ponticello and Sarah Reddiconto have been requested to present to the SD County Bar issues surrounding the California Supreme Court case of Privette, and the line of cases that followed. Knowledge of this doctrine and the subsequent line of cases involving hirers and contractors (one of which was argued by Barry Ponticello before the California Supreme Court) is essential to both liability defense and wc subrogation case handling. 3rd party issues affecting both employers and employees, as well as the current state of this doctrine, will be addressed.
ENGLAND PONTICELLO & ST.CLAIR (EPS) is brimming with pride to announce that Susan L. England, Esq. (WCJ (Ret.)), regarded by many as one of the deans of California workers’ compensation, has entered her 60th year as an attorney licensed by the State Bar of California. Ms. England obtained both her undergraduate and law degrees from USC and upon immediately passing the bar exam, was admitted to practice on January 9, 1962….and the world of workers’ compensation law would never be the same.
Twice during her career, Susan undertook stints as a Workers’ Compensation Judge, at the Santa Ana, Pomona and San Diego WCAB venues. However, the bulk of her career has been dedicated to workers’ compensation defense practice and the teaching of attorneys, claims examiners and employers of the ins and outs of this specialized area of law. This includes decades of instruction with the Insurance Education Association (IEA), Council on Education in management, State and local bar associations, and various other organizations, too many to mention. Those who have been to her classes, speeches and presentations were always presented with a lively and colorful affair-in addition to learning.
Susan has inspired and paved the way for many professionals to follow, including within EPS. Barry Ponticello, who has practiced with Susan nearly half her career, remarks: “Susan’s dedication to the practice and to continued professional growth is an amazing thing to behold. It sets the standard that we are all still learning, no matter the amount of time in practice. When we periodically have had attorneys who tell us they are too many years into their practice to learn anything new, we direct them to Susan, which usually makes for an enlightening discussion. It’s been and continues to be a joy and honor to practice with Susan, who has been a great friend and mentor”. Renee St. Clair, who has also spent near 25 years with Susan notes: “ I remain grateful to Susan for taking a chance on me as a young associate with no experience right out of law school. Susan saw potential in me and helped me harness that potential to build an amazing career with steadfast relationships. I admire Susan for her legal acumen, resiliency, and longevity, and cherish her as a friend and mentor.”
60 years of practice has combined with dedication to her daughters, granddaughter, partners, co-workers and friends-all of which is still ongoing on an every-day basis. Susan has never closed the book on learning and refining her professional skills and is a model for all in this practice. At EPS, we look forward to many more years of this standard bearer continuing to lead the workers’ compensation field.
Halloween 2018 at EPS San Diego.
EPS was proud again to support the 2018 Rett syndrome golf outing. The tequila bar was a success, and funds were again raised for a good cause.
The very questions of injury and proof were before the 9th Circuit Court of Appeals in a recently argued LHWCA matter. The matter arose as an orthopedic and pulmonary cumulative trauma claim of a decades long maritime pile driver asserted against his last maritime employer. The matter was tried over multiple days by Barry Ponticello, with an ALJ finding of no orthopedic or pulmonary injury. This decision was affirmed by the BRB.
At the 9th Circuit, the Claimant sought an alternative standard of proof in multiple employer cases, as well as differing occupational disease injury standards. Briefing opposing these theories was undertaken by Renee St.Clair and Mr. Ponticello, with Mr. Ponticello arguing the matter before the 3 judge appellate panel, who affirmed the Trial Decision.
In an appellate matter of significant importance to California carriers and employers, the EPS workers’ compensation subrogation team obtained a victory at the Court of Appeal, Fourth Appellate District. The Court of Appeal issued a decision reversing the Trial Judge, and vindicating the benefit provider’s rights under Labor Code Section 3856.
The Decision can be read here: http://www.courts.ca.gov/opinions/documents/G054220.PDF
The National Shipbuilding Research Program (NSRP) brings its educational conference to San Diego. The NSRP’s mission is to manage and focus national shipbuilding and ship repair research and development funding on technologies and processes that will reduce the total ownership cost of ships for the U.S. Navy, other national security customers and the commercial sector and develop and leverage best commercial and naval practices to improve the efficiency of the U.S. shipbuilding and ship repair Industry.
Barry Ponticello and Renee St. Clair were requested as featured speakers on the interplay of the Longshore and Harborworkers Compensation Act (LHWCA) and the Jones Act. Mr. Ponticello and Ms. St.Clair have litigated scores of LHWCA and Jones Act matters from the Trial level through the 9th Circuit Court of Appeal.