We're ready and willing to go to the mat to protect our clients.

At the same time, we appreciate the value of negotiated settlements. We do not seek to generate lots of activity (and costs) where a more patient "wait-and-see" strategy is called for. Also, we often find that a case that seems hopeless at the beginning can be rescued through the effective use of discovery and negotiations.

The following examples include cases which required high levels of active involvement and litigation, and those which did not.

Cal/OSHA

Large Regional Residential Wood Framing Contractor: Repeat Serious citation for alleged violation of Title 8 CCR section 1716.2(e)(1) withdrawn by the Division upon showing of facts proving Independent Employee Act.

National Mid-Western Construction Company: Serious, accident-related citation as “controlling employer” for an alleged violation of Title 8 CCR section 1513(g) dismissed following six-day hearing. A worker on an adjacent, un-related project claimed injury from falling debris while he was in an eighteen inch “dead” space between two structures. The judge rejected Cal/OSHA’s argument that if it was “possible” for someone to enter the space, it was this employer’s responsibility to block any conceivable access.

Large National Construction Firm: Ten citations following two inspections for asbestos violations dismissed after hearing. This decision overturned Cal/OSHA's interpretation of its regulations regarding enforcement at "trace" exposure levels.

Regional Auto Parts Chain: Serious accident-related citation withdrawn by the Division for waiver of costs after discussions on the morning of the hearing.

Multi-State Joint Venture: Serious accident-related citation dismissed by motion for nonsuit following the Division's presentation of evidence.

Regional HVAC Contractor: Serious accident-related violation withdrawn following extensive settlement discussions.

Logging Company: Serious accident-related violation dismissed after hearing.

Large Labor Broker: Serious citation following amputation withdrawn by Cal/OSHA during discovery after appeal was filed.

Large Local Meat Processing Company: Two serious citations following accident dismissed after two-day hearing. This result severely weakened the injured worker's companion S&W claim. See discussion of effect of Cal/OSHA citations on S&W claims in our article on Serious and Wilful Misconduct in Articles.

National Industrial Services Company: Following six investigations in two years by Cal/OSHA's High Hazard Unit, negotiated withdrawal of all citations.

National Scrap Metal Handler: Citation for death-related violation withdrawn following investigation and discussions.

County Children's Home: Alleged serious training violation with $9,000.00 penalty reduced to general with $300.00 penalty in middle of hearing.

Local Beverage Distributor: Citations for serious violations following carbon monoxide exposures negotiated to two general violations with penalties reduced by 97.5%.

Large Fruit Packing Plant: Death-related citation for inadequate forklift training withdrawn after negotiations with Cal/OSHA.

Federal and Other States' OSHA

National Construction Firm: Two serious citations withdrawn by Fed/OSHA before hearing in exchange for a waiver of costs.

Large National Construction Company: Coached client on negotiations with Arizona OSHA after three serious citations were issued. All citations were withdrawn before appeal needed to be filed.

Large National Construction Company: Citations regarding barge operations reduced in number and classification, with reduction of penalties before appeal had to be filed.

Safety Audits

International Food Machinery Manufacturer: Supervised safety/product liability audit of leased equipment. Report was protected by the attorney - client communication privilege.

Serious &Willful Misconduct

Regional Steel Erection Contractor: Claim settled for 25% of value, despite serious accident-related Cal/OSHA citation.

Regional Wood Framing Contractor: Claim settled day before trial for 20% of value, despite serious accident-related Cal/OSHA citation.

Large Concrete Contractor: Passive defense resulted in dismissal of claim in connection with settlement of normal compensation issues, with minimal cost to client.

Labor Code section 132a Discrimination Claims

Convalescent And Rehabilitation Facility: Aggressive defense resulted in settlement for 10% of demand.

Large Winery: Advised client on safe procedure for termination of employee following an industrial injury (termination was for reasons unrelated to the injury). No claim was filed.

Large Winery: Passive defense resulted in withdrawal of claim at settlement of compensation issues, with minimal expense to client.

Local Carpet Cleaning Company: Claim withdrawn with no money paid and mutual waiver of rights to further litigation.

Large Winery And Non-Profit Agency (two matters): Advised on interrelationship between 132a and ERISA re: termination of benefits following industrial injuries.

National Prosthetics Manufacturer: Coached client in successful termination of employee with potential 132a and workplace violence issues.

Crisis Management

Large Local Construction Company: On-scene and follow-up supervision of incident involving a worker's death, liaison with Cal/OSHA and local law enforcement, resulted in no citations and no criminal charges.

Large National Construction Company: Supervised investigation of electrocution death in Virginia; coordinated contacts with Virginia OSHA and local authorities. No citations were issued.

Local Roofing Contractor: Supervised investigation and discussions with Cal/OSHA following explosion and injuries. No citations were issued.

Small Winery: Provided crisis management services following discovery of drug abuse issue.