After a full day of trial, Managing Shareholder of our San Jose office, Kathleen Roberts, secured a take nothing for tortilla manufacturer Mi Rancho in Hayward. Applicant claimed she tripped on a pallet and fell forward onto a stack of boxes of tortillas. There is a camera on that area and the film showed that she did not fall at all — she didn’t even trip. So, management confronted her, and she admitted she invented the injury because she didn’t want to work anymore. She signed a statement to that effect.
Later, she claimed she had no idea what she was signing when she signed that statement. She hired an attorney and tried to obtain TTD and medical treatment for a pre-existing, non-industrial condition. Kathleen brought excellent employer witnesses who testified that this was a lady who had been sick because of a pregnancy (she was in her 40s at the time) and frequently complained of pain in her body that had nothing to do with any alleged industrial injury. Had Kathleen not successfully cross-examined the applicant and secured positive defense testimony, TD exposure was approximately $25,000. There was also a chiropractic PQME who was anticipated to provide some level of PD and also a medical lien from a “treater” for $3,000. Way to go, Kathleen!