Students receive scholarships, sponsored in part by Chain | Cohn | Stiles, in 9th Grito de Dolores celebration

September 23, 2020 | 6:00 am

Twenty-five students received college scholarships during the 9th annual “Grito de Dolores” celebration hosted by the Kern County Hispanic Chamber of Commerce, sponsored in part by Chain | Cohn | Stiles.

This year’s Grito de Dolores commemorated the 210th Mexican Independence Day. The local socially-distanced celebration was pre-recorded in front of the Liberty Bell in downtown Bakersfield, and presented virtually on Sept. 15 on Telemundo.

The event included folkloric dancers, mariachi and banda music groups, and a scholarship recognition ceremony honoring 25 Kern County students and scholarship recipients, awarded by the Kern County Hispanic Chamber of Commerce Business Education Foundation. Learn more about the scholarships program below.

Mexican Independence Day is Sept. 16 each year. The Grito, which occurred in the small Mexican town of Dolores, was the rallying call made by a Roman Catholic priest in front of his church to the battle against Spain.

 

SCHOLARSHIPS

The Bakersfield law firm Chain | Cohn | Stiles each year sponsors student scholarships presented during El Grito celebration. Other sponsors included Adventist Health, Carlos A. Alvarez, M.D., Bank of the Sierra, Beautiful You Medical Aesthetics, Clinica Del Valle, KGET/Telemundo Valle Central, Valley Republic Bank, Valley Strong Credit Union, and XM Garcia Law.

The sponsors, in partnership with the Kern County Hispanic Chamber of Commerce Business Education Foundation, awarded 25 $250 and $500 scholarships to local students in pursuit of higher education, and who are giving back in various ways to our community. This year, the foundation received nearly 100 applications from students throughout Kern County.

“These students are some of the brightest in Kern County, who care about their futures and their community,” said Jorge Barrientos, KCHCC Business Education Foundation board member and Chain | Cohn | Stiles marketing director. “The KCHCC Business Education Foundation, along with the sponsors, is proud to annually award these scholarships to our local students to help them in their trek to make their goals a reality.”

The scholarship winners were:

  • Dayana Aguilar
  • Guadalupe Alcala
  • Isabel Angulo
  • Aydee Arredondo
  • Mia Faith Arredondo
  • Karen Vianney Garcia Barbosa
  • Juliana Garcia Cruz
  • Sergio Flores
  • Arly Galindo
  • Estefany Garcia
  • Haylee Gonzales
  • Dory Garnica Guttierez
  • Isaac Larroque
  • Cindy Maldonado
  • Ariana Naranjo
  • Azuzena Ortiz
  • Stephanie Pantoja
  • Karla Perez
  • Priscilla Perez
  • Daniela Ortiz Samayoa
  • Jacqueline Olivia Sala
  • Briana Salas
  • Jesus Trujillo
  • Ivan Vielma
  • Cynthia Villanueva

Scholarships are offered by the KCHCC Business Education Foundation annually in the fall. For more information on future opportunities, please visit kchcc.org.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

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MEDIA COVERAGE

Chain | Cohn | Stiles participates in community ‘Real Talk’ discussions focused on race relations in America

September 16, 2020 | 10:00 am

Following the death of George Floyd while in police custody, and the nationwide protests that followed, Bakersfield College aimed to bring us all together. With the help of local media personality Danny Morrison, the college organized a full week of conversations, events, and celebrations for Juneteenth, a commemoration of the ending of slavery in the United States.

BC continued with a two-week virtual series called “Real Talk” to discuss racism and violence, and ways to overcome these issues; to “Light A Candle” and “Shine A Light” so to speak.

“It is a dark and confusing time, which makes it harder to see how to move forward,” Bakersfield College President Sonya Christian wrote on her blog. “But as Bakersfield College Renegades, we owe it to our community, to our veterans, and we each owe it to George Floyd, to join together, listen with humility, and to bring light that can illuminate the way ahead.”

Chain | Cohn | Stiles was proud to join in on the conversations as well. Attorney Matt Clark joined Morrison and Bob Prater — author of “A Language of Healing for a Polarized Nation” — to discuss white peoples’ roles in the ongoing racial conversation. Topics during the discussion included the Black Lives Matter movement, white identity, white supremacy, exploitation, and reverse racism.

“We understand this is a process and that people of color and people of all religions and races and backgrounds and creeds and socioeconomic backgrounds can all come together as one,” Morrison told local media about the series.

You can watch the full discussion at this link on the Chain | Cohn | Stiles YouTube page, or below.

And you can watch all of the “Real Talk” discussions on the Danny Morrison Media Facebook page by clicking here.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Chain | Cohn | Stiles attorney Chad Boyles earns two awards for young professionals

September 2, 2020 | 9:44 am

One thing is for sure: Chad Boyles, personal injury lawyer with Chain | Cohn | Stiles, is someone we should all be watching.

Boyles has recently been selected for inclusion in two listings awarded to young professionals: the Best Lawyers in America “Ones to Watch” list, and also in Bakersfield Life Magazine’s annual “20 Under 40 People to Watch” issue.

Learn more about these two recognitions below:

 

Best Lawyers: Ones to Watch

The “Best Lawyers: Ones to Watch” recognition is given to attorneys who are earlier in their careers (5 to 10 years in practice) for outstanding professional excellence in private practice in the United States. It’s part of the “Best Lawyers in America” program, which is the oldest and most respected guide to the legal profession, based on 77 areas of expertise.

Boyles joins two other lawyers at Chain | Cohn | Stiles who have been honored by the Best Lawyers program. David K. Cohn, managing partner at the law firm, has been selected into the personal injury litigation category of Best Lawyers in America, while James A. Yoro, senior partner at the firm, was selected into the workers’ compensation law listings. This year they are also the only two attorneys in the greater Kern County area to be listed. You can view David Cohn’s “Best Lawyers” profile by clicking here, and you can view James Yoro’s profile by clicking here.

Attorneys named to the U.S. News & World Report’s “The Best Lawyers in America” are recognized by their peers in the legal industry for their professional excellence in specific practice areas. For the 2020 edition of The Best Lawyers in America, more than 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition, about 5 percent of lawyers in private practice in the United States. Unlike some other attorney directories and awards, lawyers are not required or allowed to pay a fee to be listed, and inclusion in Best Lawyers is considered a singular honor.

Chain | Cohn | Stiles was also selected for inclusion in the “Best Law Firms” list by U.S. News & World Report, another “Best Lawyers” program which recognizes law firms for “professional excellence with persistently impressive ratings from clients and peers. Additionally, achieving a ranking “signals a unique combination of quality law practice and breadth of legal expertise.”

 

20 Under 40 People to Watch

Bakersfield Life Magazine’s “20 Under 40 People to Watch” highlights outstanding young men and women whom Bakersfield can be proud of, who possess a hard work ethic, dedication, and a passion for volunteering.

The following profile on Boyles was published in Bakersfield Life Magazine:

Chad Boyles has achieved some remarkable feats for someone his age.

At 35, he was named a partner at Chain Cohn Stiles, Bakersfield’s oldest personal injury law firm. He was a 2019 graduate of Leadership Bakersfield, a 33-year tradition that challenges a group of 32 individuals to step out of their daily lives to help make the community better. Most recently, he was named on Best Lawyers’ “Ones to Watch” list, a peer-reviewed process that highlights lawyers who have been in practice for five to nine years based on 77 areas of expertise.

Despite all that, he still finds time out of his busy schedule to give back.

“It’s important to give back,” he said. “Make time when you can.”

Boyles has spent 33 of his 36 years in Bakersfield, leaving only to attend Whittier College School of Law before returning to his hometown to begin his career as an attorney. It’s a career that combines two things he loves — problem solving and helping people.

“I get to apply No. 1 to No. 2,” Boyles said. “It is definitely a motivation to solve the problem, because I am representing people and helping them navigate a really complex system that would be difficult to do on their own. It feels good at the end of the day when I know that I’ve worked hard and we get a good result for the client.”

Boyles’ involvement in the community allows him to solve problems and help people as well.

As part of the Runner Alumni Mentor Program, Boyles helps mentees figure out what direction they want to go in life. Boyles is also the committee chair for Party in the Park, which raises funds for RAMP as well as scholarships to help students with their education.

“I’m passionate because that’s our future and I want to help guide people,” Boyles said. “It can be a difficult time in your life. You may not be sure what you want to do. I just like helping them get the exposure, helping them decide what career path that they want.”

Boyles wants to be a resource he didn’t have when he was a student. He had to learn a lot through trial and error. One thing he did have, however, was the unwavering support of his parents, who instilled a strong work ethic in him at an early age.

It’s a foundation that motivates Boyles in his professional and personal life, driving him to keep learning, improve at his craft and make time to give back along the way.

“Even though I spend a lot of time at work, I still have time to give to the CSUB Alumni Association and whatnot,” Boyles said. “I did what I could to give back to future generations.”

Boyles also filmed a “Letter to the Community” featured in Bakersfield Life Magazine, which you can watch by clicking here.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

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MEDIA COVERAGE

Chain | Cohn | Stiles awards 11 drivers education scholarships in new ‘Guided Partners in Safety’ (GPS) program

August 12, 2020 | 5:00 am

The Law Office of Chain | Cohn | Stiles has awarded 11 drivers education scholarships as part of the new “Guided Partners in Safety (GPS) Scholarship” program.

The scholarships program aims to support a new generation of teen drivers, build guided partners in safety, and help pay for student driver’s education training, while keeping safety at the forefront. Over 150 area high students applied for the inaugural “GPS Scholarship” program. The winners, chosen based on grades, essay impact, and financial need included:

  • Roger Alvarado – Wonderful College Prep Academy
  • Jennifer Cazarez – South High
  • Fatima Garcia – Golden Valley High
  • Jessica Gamino – West High
  • Mayeli Gutierrez Ibarra – Foothill High
  • Allan Morales – South High
  • Leslie Cholico Navarro – Arvin High
  • Emily Ortiz – Foothill High
  • Martin Tellez – Highland High
  • Tiffany Wright – Highland High
  • Heidi Vega – Mira Monte High School

Being able to obtain permission to drive will benefit the students in various ways, they shared in their applications. West High student Jessica Gamino said, “I’ve wanted to get a job … If I could drive, so many opportunities could be available to me.” Roger Alvarado, of Wonderful College Prep, said he wants to drive to help his family, and prepare for adulthood.

“Many teenagers underestimate the risk of driving and exhibit dangerous habits,” Alvarado said in his application. “By entering driving school I will diminish the risks of danger, assist my family and become independent.

For Chain | Cohn | Stiles, which represents victims of accidents throughout the Central Valley, safety of our youth is a top priority. Auto accidents are the No. 1 killer of American teenagers, according to national statistics. Distracted driving, excessive speed, and lack of seatbelt use are major dangers and causes of teen driver crashes. Additionally, the number of teen drivers nationally is on the decline, with the cost associated to driving as one key factor, according to AAA Foundation for Traffic Safety.

The message of teen driving safety is even more important during the “100 Deadliest Days” – the period between Memorial Day and Labor Day when more than 8,300 people have died in crashes involving teen drivers from 2008 to 2018. That’s more than seven people per day each summer.

“Our goal was to help those in need, and reinforce the importance of talking to teen drivers about the responsibilities, rules, and consequences that come with getting behind the steering wheel,” said David Cohn, managing partner and personal injury attorney. “We hope this program will help at least a little in lowering the statistics locally.”

For information on the 2021 GPS Scholarship, please stay tuned to the firm’s social media, including on Facebook @GPSscholarship, at the start of 2021.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

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MEDIA COVERAGE

Chain | Cohn | Stiles attorney, partner Beatriz Trejo named to 2020 Super Lawyers ‘Rising Stars’ list

July 22, 2020 | 5:00 am

Beatriz A. Trejo, a partner with the law firm Chain | Cohn | Stiles who focuses on workers’ compensation cases, has been named to the 2020 Super Lawyers “Rising Stars” list by Southern California Super Lawyers Magazine.

This is Trejo’s second year of earning the “Rising Stars” distinction, which is granted to just 2.5 percent of lawyers under the age of 40 in the Southern California region. Trejo was also chosen last year to the “The Top Women Attorneys in Southern California — Rising Stars” list.

“It is simply my honor to be able to do my part to help injured workers recover, to be able to take care of themselves, and their families,” said Trejo. “And it is an honor also to be recognized by Super Lawyers Magazine as a ‘Rising Star.’ I will continue to do my work diligently in serving as an advocate for injured workers through my work at Chain | Cohn | Stiles.”

Trejo is a Certified Legal Specialist in Workers’ Compensation, a past recipient of the “Workers’ Compensation Young Lawyer of the Year” award in California, and she has also been recognized by her peers in the “Top Attorneys” poll voted on by local lawyers.  She is past president of the California Applicants’ Attorneys Association (CAAA), Bakersfield Chapter and has been named as one of the 20 Under 40 People to Watch by Bakersfield Life Magazine.

Trejo is an active member of CAAA’s Latino Caucus, and serves on the panels of the Immigration Justice collaborative, which aim to educate immigrants on their constitutional rights.  She is a frequent speaker for Kern Country Small Business Academies and serves on the CSU Bakersfield Pre-Law Advisory Committee.

Outside of the office, Trejo is involved in Latina Leaders of Kern County, Kern Country Hispanic Chamber of Commerce, and Comprehensive Blood and Cancer Center Foundation of Community Wellness. She was honored in 2019 by the Latina Leaders of Kern County organization as one of the “Latinas Leading the Way.”

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, the Super Lawyers selection process includes independent research, peer nominations and peer evaluations.  According to the program, Super Lawyers selects attorneys using a multi-phase selection process where each candidate is evaluated on 12 indicators of peer recognition and professional achievement, including a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews. The objective of the recognition program is “to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used to resource for attorneys and consumers searching for legal counsel.”

As part of the honor, those selected are highlighted in issues of Southern California Super Lawyers Magazine alongside other awarded legal professionals. They also receive profiles on superlawyers.com, which you can see by clicking here.

Other Chain | Cohn | Stiles attorneys chosen for the Super Lawyers distinction include law firm law partners David Cohn, James Yoro and Matthew Clark. The general Super Lawyers honor, for those over 40 years old, is awarded to no more than 5 percent of lawyers in the Southern California region based on a high-degree of peer recognition and personal achievement.

In 2018, Chain | Cohn | Stiles received a resolution from the California Legislature for having all of its partners listed as Southern California Super Lawyers.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Awards give Chain | Cohn | Stiles ‘world-class’ law firm, attorneys designations (Bakersfield Life Magazine)

July 15, 2020 | 5:00 am

Editor’s Note: Chain | Cohn | Stiles was featured in the July “Top Attorneys” issue of Bakersfield Life Magazine. As the magazine stated in the issue: 

“Requiring the services of an attorney often comes during a time of need. Bakersfield houses some of the best law professionals around. These attorneys specialize in a range of fields, from personal injury to family law, civil litigation and more. The profiles featured on the following pages will you find the right attorney.” 

To read the entire issue, click here. To read Chain | Cohn | Stiles’ featured profile, click here, or you can read the entire profile below. 

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Awards give Chain | Cohn | Stiles ‘world-class’ law firm, attorneys designations

You don’t have to choose between world-class lawyers and local attorneys for your injury case.

Chain | Cohn | Stiles, the Bakersfield-based personal injury and workers’ compensation law firm, is ranked in the “Best Law Firms” list by U.S. News & World Report, recognized for “professional excellence with persistently impressive ratings from clients and peers.”

Chain | Cohn | Stiles has two attorneys selected in the “Best Lawyers in America” program, which is the oldest and among the most respected attorney ranking services in the world.

David K. Cohn and James A. Yoro join the top 5% of practicing attorneys in the United States in being selected, and are the only two attorneys in the greater Kern County area to be listed.

David Cohn is one of the most respected lawyers in the Central Valley. He is a Martindale-Hubbell AV preeminent-rated trial attorney, has been named to the Southern California Super Lawyers list, and was selected to join the International Society of Barristers. Over the course of his career, which spans 45 years all at Chain | Cohn | Stiles, Cohn has obtained numerous multi-million dollar results on behalf of his clients, and his cases have led to workplace, roadway and vehicle safety measures.

James Yoro is a Certified Workers’ Compensation Professional in California, and is one of the most veteran and most respected workers’ compensation lawyers in the state. He is the past president of the Kern County Bar Association. He has argued cases in front of the California Supreme Court, and for nearly 40 years has fought day in and day out for the rights of injured workers.

The law firm includes attorneys David Cohn, Jim Yoro, Matt Clark, Chad Boyles, Beatriz Trejo, Tanya Alsheikh, and Doug Fitz-Simmons. To learn more about each attorney and the firm, visit chainlaw.com.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

New mobile app gives Kern County residents free resources, immediate access to Chain | Cohn | Stiles

April 8, 2020 | 6:00 am

More than half a century ago, Chain | Cohn | Stiles pioneered “Group Law Services” to provide quality legal help for working people in Kern County, especially those who belong to local credit unions, labor unions and service organizations.

Institutions who partner with the law firm include Alta One Federal Credit Union, California Correctional Peace Officers Association, Central Labor Council, and Valley Strong Credit Union, among others. As part of Group Law Services, members of these institutions and their immediate family members are entitled to free initial consultations, reduced fees if ever in need of help from our law firm, special seminars and workshops, and other benefits.

And this year, Chain | Cohn | Stiles has unveiled a mobile app allowing members exclusive access to legal resources and our attorneys 24 hours a day, 7 days a week.

“Our law firm has served our community for more than 85 years. It’s important we continue serving those who need help the best way we can,” said David Cohn, managing partner and personal injury attorney at Chain | Cohn | Stiles. “It’s also vital we make ourselves available whenever it is our community needs us most. With this new mobile app, we can be reached at any time, and we’ll be ready to help. Today and always, we are here for you, Kern County.”

To access the mobile app click here, or visit chainlaw.app. (The app requires a username and password. To receive one, please contact marketing director Jorge Barrientos at (661) 334-4948, or email him at jbarrientos@chainlaw.com.)

The mobile app provides several features for those whose institutions subscribe to the exclusive service. They include:

  • A news section featuring the latest updates from relevant laws, our community, and happenings from Chain | Cohn | Stiles.
  • A “Frequently Asked Questions” section to get the answers to some of the most common general legal questions we receive at our law firm. This section also includes videos of answers courtesy of Chain | Cohn | Stiles senior partner and veteran attorney Matthew Clark.
  • And the biggest benefit, the “24/7” section gives users access to legal help whenever it is they may need it. Users can call, chat, or text our office any time for immediate help using this service.

If you are interested in accessing this mobile app for your company’s employees, customers, or others, please contact marketing director Jorge Barrientos at (661) 334-4948, or email him at jbarrientos@chainlaw.com.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

How personal injury and workers’ compensation systems work together

March 25, 2020 | 6:00 am

Note: Veteran workers’ compensation attorney James Yoro recently spoke at the Kern County Paralegal Association luncheon about the relationship between workers’ compensation law and personal injury law. Chain | Cohn | Stiles law firm focuses on only personal injury and workers’ compensation cases. Below is a portion of Yoro’s presentation.

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If you have been injured due to the fault of both your employer as well as a third party, then you may be entitled to further compensation from the third party. Since Chain | Cohn | Stiles practices law in both areas, the lawyers and staff are uniquely situated to handle both aspects of these cases.

To explain a little further:

  • A personal injury claim is a civil lawsuit that is pursued and processed through superior, appellate and supreme courts, and is a part of the civil justice system, which allows a person to sue another person or party for damages as a result of negligent conduct that caused certain damages to that person. The outcome and any potential recovery is determined at the end of the case by way of dispute resolution (settlement, mediation, or arbitration) or through litigation (trial). Damages can include:
    • Cost of medical treatment provided and potential future medical needs.
    • Loss of earnings and future earning capacity.
    • Potential loss of consortium.
    • Non-economic damages (typically referred as pain and suffering). Recovery is a fluid process up until a jury verdict is returned and upheld on appeal.
  • A workers’ compensation claim is an administrative claim that is pursued through an administrative process governed by the Workers’ Compensation Appeals Board, and if legal disputes arise, the appellate and supreme courts. It is categorized as an administrative process because the workers’ compensation system was created by statute and designed to be a benefit delivery system. If disputes arise, they are adjudicated by a Workers’ Compensation Appeals Board, and the system can become adversarial. A case can be resolved at any point in the process or it can remain unresolved for many years. A case can be resolved and yet remain open for the provision of certain benefits for the person’s lifetime. If there are no disputed issues as to the legitimacy of a claim, benefits as defined by statute are to be provided without delay. A workers’ compensation formula is applied for employer negligence calculation as applied to total damages, not including recovery. The benefits include:
    • Medical treatment and associated benefits.
    • Monetary benefits.
    • Vocational rehabilitation (that are set and defined by statute)
    • Temporary total disability.
    • Permanent disability.

One rule to note: A workers compensation insurance carrier that has provided benefits to an injured worker who has a personal injury case is not entitled to a recovery of their lien or application of the credit to the extent of their percentage of fault if the employers conduct contributed to the cause of the injury.

To illustrate a couple of examples of how personal injury and workers’ compensation cases work together, here are a few hypothetical scenarios.

 

SCENARIO 1

Ann is a UPS delivery driver, and one day while driving down a Main Street on the way to deliver a package, she is broadsided by a Chevron tanker truck that has gone through a stop sign. Ann suffers serious personal injuries and requires medical treatment including hospitalization, surgery and time off from work to recover.

Ann files a workers’ compensation claim with her employer who is insured for worker’s compensation by Cal. Comp. Ann hires an attorney to pursue a personal injury against Chevron. Cal. Comp. hires an attorney to pursue its subrogation interests and files a complaint in intervention in Ann’s personal injury lawsuit.

At the mandatory settlement conference in the personal injury case, Chevron settles with all parties for $1 million. As of the date of the settlement conference, Cal. Comp. has paid out $150,000 in both medical and monetary benefits to Ann. Because of her level of permanent disability percentage, Cal. Comp. still owes an additional $60,000 and may have to provide her with another surgery that could cost $40,000 in her unresolved workers’ comp. case. Ann nets $550,000 from her personal injury case.

A few questions arise:

  • Who got what and why?
  • Is Ann entitled to get the additional $60,000 that Cal. Comp. owes her and get them to pay for her surgery? Why or why not?
  • What if Cal. Comp. did not hire an attorney and did not file a complaint in intervention and only served a lien on Ann’s personal injury attorney? Then what would Cal. Comp. get? What would Ann get?

 

SCENARIO 2

Ann is a UPS delivery driver. One day while driving down a Main Street on the way to deliver a package, she is broadsided by a converted taco truck that has blown a stop sign. Ann suffers serious personal injuries and requires medical treatment including hospitalization, surgery and time off from work in order to recover.

The owner of the Taco truck is Don Quixote who has a $100,000 auto policy with GEICO. Ann files a workers’ compensation claim with her employer who is insured for workers’ compensation by Cal. Comp. Ann hires an attorney to pursue a personal injury claim against Don Quixote. Cal. Comp. does not hire a subrogation attorney and only sends Ann’s attorney a lien.

Upon presentation of the current medicals on GEICO by Ann’s personal injury attorney, GEICO decides to tender their policy. At the time of the tender, Cal. Comp. has paid out $100,000 in medical and temporary total disability. Its future obligation to Ann is estimated to be another $200,000 with $60,000 to $70,000 estimated for her permanent disability benefit. Cal. Comp. notifies Ann’s personal injury attorney that it wants payment of its lien.

  • What strategies can be employed for Ann’s benefit?

 

SCENARIO 3

Ann is a UPS delivery driver. One day while driving down a Main Street on the way to deliver a package, she is broadsided by a Chevron tanker truck that has blown a stop sign. When the CHP officer interviews Ann, she tells him that as she approached the intersection she saw the Chevron truck out of the corner of her eye, and thought that the truck was going too fast to stop, so she started to apply her brakes but she couldn’t stop in time. Upon inspection, the CHP officer notes that the UPS truck’s brakes are badly worn. Ann suffers serious personal injuries and requires medical treatment including hospitalization, surgery and time off from work in order to recover.

Ann files a workers’ compensation claim with her employer who is insured for workers’ compensation by Cal. Comp. Ann hires an attorney to pursue a personal injury claim against Chevron. Chevron’s attorney obtains the UPS trucks maintenance records and discovers that UPS failed to bring this
particular truck in for its last routine maintenance inspection which was scheduled two months before the accident. Chevron hires an accident reconstruction expert who says that Ann would have had enough time to avoid the accident had the brakes been working properly. Ann’s attorney hires an accident reconstruction expert, who says that it is too speculative to say that Ann would have had enough time to avoid the accident.

As of the date of the mandatory settlement conference for the personal injury case, Cal. Comp has paid out $150,000 in both medical and monetary benefits to Ann. Because of her level of permanent disability percentage, Cal. Comp still owes an additional $60,000 and may have to provide her with another surgery that could cost $40,000 in her unresolved workers’ compensation case. The full damage value of the case is about $1 million. The case settles for $850,000, and Ann nets $540,000.

  • What if anything is Cal. Comp. entitled to recover?
  • Would it make a difference if Cal. Comp. had an attorney?
  • What strategies can Ann’s attorneys use to get the best result for Ann?

 

SCENARIO 4

Ann is a UPS delivery driver. One day while driving down a main street on the way to deliver a package, she is broadsided by a converted Taco truck that has blown a stop sign. Ann suffers serious personal injuries and requires medical treatment including hospitalization, surgery and time off from work in order to recover.

The owner of the Taco truck is Don Quixote who has a $100,000 auto policy with GEICO. Ann files a workers’ compensation claim with her employer who is insured for workers’ compensation by Cal. Comp. Ann hires an attorney to pursue a personal injury claim against Don Quixote. Cal. Comp. does not hire a subrogation attorney and only sends Ann’s attorney a lien.

Upon presentation of the current medicals on GEICO by Ann’s personal injury attorney, GEICO decides to tender their policy. At the time of the tender, Cal. Comp. has paid out $100,000 in Medical and temporary total disability. Its future obligation to Ann is estimated to be another $200,000, with $60,000 to $70,000 estimated for her permanent disability benefit.

Ann’s personal injury attorney discovers that UPS has an Uninsured / Underinsured policy on all of its trucks for $1 million. Cal. Comp. notifies Ann’s personal injury attorney that it wants payment of its lien and credit for any and all recovery that Ann obtains.

  • Is Cal. Comp. entitled to recover its lien and get credit?
  • For how much?
  • What strategies can be employed for Ann’s benefit?

 

While these are hypothetical situations in which personal injury and workers’ compensation law intersect, similar cases are very real. And each case presents its own questions and challenges, ones which the workers’ compensation and personal injury lawyers at Chain | Cohn | Stiles has confronted time and time again.

If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

‘Judicial emergency’ results in lack of justice for Kern County residents

February 26, 2020 | 10:28 am

The Central Valley’s federal district court has instituted a “judicial emergency” order due to a shortage of judges, and thousands of Kern County residents — including clients of Chain | Cohn | Stiles — are being left with a feeling of injustice.

Federal Judge Dale A. Drozd of the U.S. Eastern District Court of California, the federal judicial district that includes Bakersfield and the southern Central Valley area, stated that the judicial emergency order “will seriously hinder the administration of justice” in the district.

“These are uncharted waters for this court,” Drozd wrote in his order. “The emergency procedures … are being implemented reluctantly.”

The district, which serves 8 million Californians is supposed to have six full-time judges — three in Fresno and three in Sacramento, said Matt Clark, senior partner and personal injury lawyer with Chain | Cohn | Stiles. But in the past two months, three judges in Fresno have assumed reduced work status or inactive status. Drozd will now be presiding over some 1,050 civil actions and 625 criminal cases.

“We have one judge” in Fresno, Clark told The Bakersfield Californian. “We are the single most impacted district in the country.”

For media coverage, see the links below.

The emergency is already affecting hundreds of local cases and local families, possibly thousands. They include:

Joan Johnson has penned letters to local elected officials, including House Minority Leader Kevin McCarthy and Lindsey Graham, chairman of the U.S. Senate Committee on the Judiciary, addressing the judicial emergency. Federal judges are nominated by presidents and confirmed by the U.S. Senate. No judges in the Eastern District have been appointed by President Trump, though Republicans have been the majority party in the Senate since January 2015.

Considering the history of the Eastern District, the shortfall in resources has been foreseen for years. For more than a decade the Judicial Conference of the United States has recommended that the district be authorized for up to six additional judgeships, doubling its current allocation. However, those recommendations have not been acted upon. Considering the history of the Eastern District, the shortfall in resources has been foreseen for years. For more than a decade the Judicial Conference of the United States has recommended that the district be authorized for up to six additional judgeships, doubling its current allocation. However, those recommendations have not been acted upon.

This is the case despite the fact that since the last new district judgeship was created in the Eastern District in 1978, the population of the district has grown from 2.5 million residents to more than 8 million. By contrast, the Northern District of California, which has a similar population, operates with 14 authorized district judges, Drozd said in his order.

“There are over 1,000 civil cases now on hold,” Clark said. “That’s a thousand more families going through the same thing.”

Below is a portion of a letter sent to elected officials by Joan Johnson:

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My name is Joan M. Johnson.  I am married to William “Lee” Johnson, and together we are the owners of a family trucking business that has been in existence since 1968.

In December 2018, my husband Lee was nearly killed in an explosion at a compressed natural gas fueling station.  He sustained various life-threatening injuries, including a severe traumatic brain injury.  The explosion was so powerful, it leveled the fueling station.  Although Lee ultimately survived, after months of hospitalization and rehabilitation, his injuries have taken their toll.  He still suffers daily, as does our business.

In an effort to recover for our losses, we retained an attorney.  Our attorney filed a lawsuit in Federal Court, in the Eastern District of California, in early 2019.  At the time of the initial scheduling conference, trial was set for May 4, 2021.  Although this was a long way out in the future, it was acceptable, and we had a “light at the end of the tunnel.”

Recently, our attorney has informed us of the judicial emergency in the Eastern District, as a result of Congress’ inability to appoint any new judges in our district.  I have attached to this letter a copy of the Order in Light of Ongoing Judicial Emergency.  In a nutshell, there is only one judge remaining in the Eastern District, and for the foreseeable future, civil cases, like ours, will be delayed indefinitely.  Our light at the end of the tunnel, it has been extinguished.  The hope for civil justice for my husband’s life-changing injuries, and our business losses, has been delayed indefinitely.

As I understand it, our case could proceed efficiently, if everyone was in agreement with having a federal magistrate oversee the trial.  We would stipulate to a magistrate, however the defendants in our case will not.  I imagine this is true in most civil cases in our district, because why would a defendant stipulate to a magistrate, and resolve the matter more quickly, when they can simply use this judicial emergency as a reason to delay, delay, delay.

We are not a family to ask much of our government.  In fact, we are quite the opposite.  We serve our Country.  My husband’s father, he was veteran.  My husband Lee, he is a veteran.  My son, he is a veteran too (with three Purple Hearts to show for it).  We believe in giving back, and supporting the Country we love, and the government that keeps it running.  We now respectfully ask that our government help us, and that priority be given to the appointment of judges in the Eastern District of California.

Anything you can do to help alleviate the judicial emergency in the Eastern District would be greatly appreciated.  I never understood the true meaning of “justice delayed, is justice denied,” until now.  Our livelihood, and my husband’s well-being depends on an operating civil justice system.  As the Court said in its Standing Order, this judicial emergency is not “conducive to the fair administration of justice.”  I am certain that there are many families dependent on the fair administration of justice in the Eastern District.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

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MEDIA COVERAGE

Chain | Cohn | Stiles launches unique scholarship to support a new generation of young drivers in Kern County

January 22, 2020 | 6:00 am

The application period for the scholarship has ended. Please tune in to chainlaw.com in January 2021 for more scholarship opportunities.

El período para aplicar para la beca ha terminado. Visite abogadosenbakersfield.com en Enero 2021 para más oportunidades de becas.

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Chain | Cohn | Stiles launches unique scholarship to support a new generation of young drivers in Kern County

One-of-a-kind “GPS scholarship” aims to curb the financial burden of driver’s education, with a focus on safety

BAKERSFIELD, CALIF. – The Law Office of Chain | Cohn | Stiles, which focuses on helping accident and injury victims in the Central Valley, has launched a new scholarship called the “Guided Partners in Safety (GPS) Scholarship,” which is aimed to financially support local high school students through their driver’s education training while keeping safety at the forefront.

Auto accidents are the No. 1 killer of American teenagers, according to National Highway Traffic Safety Association. In fact, six teenagers aged 16 to 19 die every day in the United States from motor vehicle crash injuries. Distracted driving, excessive speed, and lack of seatbelt use are major dangers and causes of teen driver crashes.

In addition, budget cuts have caused schools to eliminate driver’s education programs, leading students to seek third-party instruction. As a result, teens from lower-income households may not be able to fully enjoy this rite of passage. In fact, the number of teen drivers nationally is on the decline, with the cost associated to driving as one key factor, according to AAA Foundation for Traffic Safety. Today, nearly half as many 16-year-olds are getting a driver’s license than 30 years ago, according to a study by the University of Michigan.

The GPS Scholarship aims to support a new generation of teen drivers, build guided partners in safety, and help pay for student driver’s education.

“The safety of our youth is a top concern,” said David Cohn, managing partner at Chain | Cohn | Stiles. “Our goal is to help those in need, and at the same time reinforce the importance of talking to teen drivers about the responsibilities, rules, and consequences that come with getting behind the steering wheel.”

Among the qualifications, applicants must:

  • Have at least a 2.5 GPA
  • Be enrolled in a Kern County high school
  • Write a 200-word (max) creative essay answering: “Why do you want to drive?”
  • Apply by clicking here. Questions can be emailed to gpsscholarship2020@gmail.com.

The deadline to apply is March 31. Other state qualifications for driving apply. Scholarship recipients must attend and observe a Victim Impact Panel hosted by Mothers Against Drunk Driving, Kern County.

You can view the GPS Scholarship flier by clicking here.

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Chain | Cohn | Stiles lanza una beca única para apoyar a una nueva generación de conductores jóvenes en el condado de Kern

“Beca GPS” tiene como objetivo frenar la carga financiera de la educación del conductor, con un enfoque en la seguridad

El despacho de abogados Chain | Cohn | Stiles, que se enfoca en ayudar a las víctimas de accidentes y lesiones en el Valle Central, ha lanzado una nueva beca llamada “Beca de Socios Guiados en Seguridad,” que tiene como objetivo apoyar financieramente a los estudiantes locales de secundaria a través de la capacitación educativa para conductores mientras se mantiene seguridad a la vanguardia.

Los accidentes automovilísticos son el asesino número uno de los adolescentes estadounidenses, según la Asociación Nacional de Seguridad del Tráfico en Carreteras. De hecho, seis adolescentes de 16 a 19 años mueren todos los días en los Estados Unidos a causa de accidentes automovilísticos. La conducción distraída, la velocidad excesiva y la falta de uso del cinturón de seguridad son los principales peligros y causas de los choques de los conductores adolescentes.

Además, recortes de presupuesto han provocado que las escuelas eliminen los programas de clases de manejo, lo que lleva a los estudiantes a buscar instrucción de terceros. Como resultado, es posible que los adolescentes de hogares de bajos ingresos no puedan disfrutar plenamente de este rito de iniciación. De hecho, el número de conductores adolescentes a nivel nacional está disminuyendo, con el costo asociado a la conducción como un factor clave, según la Fundación AAA para la Seguridad del Tráfico. Hoy, casi la mitad de los jóvenes de 16 años obtienen una licencia de conducir que los de hace 30 años, según un estudio de la Universidad de Michigan.

La beca GPS tiene como objetivo apoyar a una nueva generación de conductores adolescentes, crear socios guiados en seguridad y ayudar a pagar la educación de los estudiantes.

“La seguridad de nuestra juventud es una preocupación principal”, dijo David Cohn, socio gerente de Chain | Cohn | Stiles. “Nuestro objetivo es ayudar a los necesitados y, al mismo tiempo, reforzar la importancia de hablar con los conductores adolescentes sobre las responsabilidades, las reglas y las consecuencias que conlleva ponerse al volante”.

Entre las calificaciones, los solicitantes deben:

  • Tener un promedio de calificaciones de 2.5
  • Estar inscrito en una escuela secundaria del condado de Kern
  • Escribir un ensayo creativo de 200 palabras (máximo) respondiendo: “¿Por qué quieres conducir?”
  • Aplica aquí. Preguntas se pueden mandar a gpsscholarship2020@gmail.com.

La fecha límite para presentar la solicitud es el 31 de marzo. Se aplican otras calificaciones estatales para conducir. Los beneficiarios de la beca deben observar un Panel de Impacto de Víctimas organizado por Madres Contra Conducir Ebrio, Conado de Kern.

Puede ver el folleto de la beca GPS haciendo clic aquí.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Si usted o alguien que conoce se lastima en un accidente, llame a los abogados de Chain | Cohn | Stiles al (661) 323-4000, o visita la página chainlaw.com.

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MEDIA COVERAGE

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* Notice: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.⁣
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* Aviso: Hacer un reclamo falso o fraudulento de compensación para trabajadores es un crimen grave sujeto a un máximo de 5 años de prisión o una multa de hasta $150,000 o el doble del valor del fraude, el que sea mayor, o tanto por el encarcelamiento y multa.