Lewis, Marenstein, Wicke, Sherwin & Lee take great pride in the number of cases that have not only resulted in substantial recovery for its clients, but also for establishing legal precedent in areas of complex law and litigation.
A representative sample of verdicts, settlements, and opinions are highlighted below:
Workers' Compensation Cases
In Weibe v. City and County of San Francisco, Alan Marenstein and former partner, now retired, James Kadar, argued successfully in favor of the constitutionality of Labor Code Section 3212, which finds heart trouble to be presumed compensable for certain safety members. This case was paramount in upholding the validity of this statute which confers special benefits for safety members.
In Parish v. County of Ventura, Robert Sherwin prevailed in the Court of Appeal in establishing that mitral valve prolapse, a congenital heart abnormality, was covered as an industrial injury under the presumption of heart trouble for injured safety members (Labor Code Section 3212).
In County of Los Angeles v. Workers' Compensation Appeals Board (Ruvalcaba), Michael Lewis successfully argued that a temporarily disabled safety member employee was entitled to full salary under Labor Code Section 4850, despite being terminated and therefore no longer a "member" of the County Retirement System.
Mr. Lewis also appeared before the Court of Appeal in Miller v. Workers' Compensation Appeals Board (County of Los Angeles), and established that a prior stipulation by the County to "heart" injury, would later require the County to pay for treatment to replace a defective aortic valve, and thus resulting in increased permanent disability for the injured employee.
In Travis v. Workers' Compensation Appeals Board (City of Los Angeles), Robert Sherwin, appearing before the Court of Appeal, reversed the Workers' Compensation Appeals Board, which held that a death action filed by a widow of a police officer who committed suicide was not a work-related injury. The Court of Appeal reversed this Decision, finding the suicide was a result of job-related stress factors, thus entitling the widow to workers' compensation benefits and a widows' disability pension.
Personal Injury Cases
$5.6 Million for an on-duty motor officer who suffered a mild traumatic brain injury and orthopedic injuries as a result of a traffic accident.
$5 Million for the family of a man who lost his life in a traffic accident.
$3.25 Million for an on-duty motor officer who suffered serious orthopedic injuries as a result of a traffic accident.
$2.25 Million for an on-duty deputy sheriff sergeant who suffered serious orthopedic injuries in a traffic collision caused by a drunk driver.
$2.2 Million for an off-duty police officer who suffered severe orthopedic injuries in a traffic accident.
$1.66 Million for a pedestrian who suffered a traumatic brain injury when she was struck by an automobile in a parking garage.
$1.55 Million for two on-duty sheriff's deputies who were injured when their vehicle was rear-ended by a drunk driver.
$1.48 Million for a construction worker who sustained orthopedic injuries in a construction accident.
$1.3 Million for a construction worker who was injured when he fell through the roof of a construction project.
$1 Million for a Blue Line passenger who suffered orthopedic injuries when an MTA Bus ignored the crossing signal, and collided with the Blue Line train.
$1 Million for a police officer who suffered orthopedic injuries when he slipped on a clear carpet protector that had been left on a linoleum floor at the police station by carpet cleaning technicians.
Disability Pension Cases
In Weissman v. Los Angeles County Employees' Retirement Association, Thomas Wicke was able to successfully argue that a person could apply for a service connected disability retirement after previously taking a service pension. This published Decision opened the doors for employees who became aware of their disabilities after they retired to then attempt to convert their service pension to a disability pension.
In Raygoza v. County of Los Angeles, Thomas Wicke was able to successfully argue to the Court of Appeal that Ronald Raygoza was entitled to his job and retroactive benefits after his disability retirement had been denied and the County of Los Angeles refused to reinstate him to a position consistent with his work restrictions. This case reienforced a prior Decision against the County of Los Angeles handled by Michael Roberts in Leili v. County of Los Angeleswhere the Los Angeles County Fire Department failed to reinstate Mr. Leili after work restrictions had been placed upon him by the Workers' Compensation Appeals Board. Not only did Mr. Leili obtain the right to his job, but also retroactive salary and benefits.
In Dakins v. City of Los Angeles, Michael Roberts was successfully able to argue that under article 18 of the Los Angeles City Charter, an injured police officer or fire fighter could not be denied a finding of service connection by the Fire and Police Pension Commission when the injured worker had previously been granted through workers' compensation a finding that the injury was industrial. Dakins significantly strengthened the law that the City of Los Angeles must treat its fire fighters and police officers consistently by granting service connected disability retirement when the City had previously granted workers' compensation benefits