Chain | Cohn | Stiles attorney Beatriz Trejo delivers keynote speech at CSU Bakersfield’s ‘Chicano Commencement Celebration’

May 17, 2017 | 9:28 am


Beatriz Trejo, Chain | Cohn | Stiles workers’ compensation attorney, was recently honored to deliver the keynote speech at the CSU Bakersfield “Chicano Commencement Celebration” held May 14 at the Icardo Center.

Trejo earned her bachelor’s degree in political science from Cal State Bakersfield and her master’s degree in political science from Cal State Northridge. She returned to Bakersfield after earning her law degree from the University of Akron School of Law in Ohio.

She is currently the president of the California Applicants’ Attorneys Association, Bakersfield Chapter. She also supports local programs focused on advancing Latinos and Latinas in Kern County, including Latina Leaders of Kern County and the Kern County Hispanic Chamber of Commerce’s Small Business Academy. Recently, she was selected as the 2017 winner of the “Young Workers’ Compensation Lawyer of the Year” by the State Bar Workers’ Compensation Section.

CSUB celebrated its first “Chicano Commencement Celebration” in the spring of 1980.

“It is a celebration of the Latino struggle in higher education and of growing academic success of all underrepresented communities,” said Dr. Thomás Martinez, professor of public administration at CSUB.

Trejo delivered the speech in front of more than 200 graduates, and over 3,500 in attendance. Her complete speech is below:

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Primero que nada, le quiero desear un muy feliz Dia de las Madres a todas las madres presentes, incluyendo a la mía quien es esta aquí hoy. A las que apoyaron as sus graduados y a las que hoy celebran su propia graduación.

I’d like to thank Omar Correa, the Chicano commencement planning committee, and Cal State Bakersfield for giving me the opportunity to speak to you today. This is a tremendous honor.

By now you’ve heard it from your family, faculty, significant others, SnapChat and Instagram friends, but I will say it again: Congratulations — #TurnUp.

For those of you that don’t know me, and haven’t had a chance to google me, I am an attorney here in Bakersfield who sat in your seat 14 years ago. I am like you from the future. I really doubt google says that last part.

I was informed by the commencement committee that there are 215 graduates in attendance today and we have over 3,500 people in the audience. That means each of you brought an average of 16 guests.

Let’s think about that for a minute. That means that only half of your cousins got tickets.

But seriously, this means that each and every one of you has an entire community that not only supports you but is proud and wants to see you succeed. As Latino college graduates You have beaten the odds. You fought and struggled and today you celebrate this great accomplishment.  You beat the odds that were stacked against you when it came to high school graduation rates, college enrollment, retention, and now graduation.

You as educated Latinos you now carry all of our hopes and dreams for this community, mine included. Your success reflects on all of us. Our hope is that you will bring about change, change here in Bakersfield and our communities and neighborhoods.

Whether you like it or not, you will now be held to a higher standard than others. I don’t think this is news to anyone here. For the Latina women here today, this goes double for you.

I have a bachelor’s degree, a master’s degree, a juris doctorate’s degree, three years of experience working in higher education, and five years as an attorney, yet not a week goes by that I am not mistaken for a secretary or an interpreter. Please don’t misunderstand me for these are perfectly fine professions, but not once has anyone assumed that I was the managing partner of my firm.

A while back, I was at a mediation with two senior partners. Once we reached a settlement, we all sat down together and I began reviewing the terms of the agreement, to which I told our opposing counsel that there were terms in the document we would not agree to. With a look of dismay, he turned to my boss and asked ‘is this your paralegal?’ After I explained to him my role he agreed to our proposed changes. I think this was more shocking to my boss than it was to me. Unfortunately, I see this much too often. The challenge for me that day was balancing professional decorum and civility with pride and ego.

You too will have those challenging days, days when someone will challenge your ability not based on your performance but based on what you look like. It is the hard days the days that challenge you to very core that will determine who you are; your character will be defined not just by what you achieve but also by how you react in the face of that challenge.

Our lives are shaped by the cutting edge of our experiences. I want you to keep this in mind, your struggles and challenges have made you a better candidate for success.

Fourteen years ago while sitting where you are sitting now I had a plan, I knew exactly what my life would be both in my personal life and in my professional life. I cannot tell you how happy I am that those plans failed. I would not be speaking to you today had those plans came to fruition.

About a decade ago I was living in L.A., freshly introduced to the world of student debt working a job that was not very challenging; needless to say, I was very frustrated with this situation. I assumed right after graduating with a master’s degree, doors would open and I would find the career of my dreams. This did not happen. I took this as a failure on my part. This is when I learned the piece of advice I want to pass on to you – there is no such thing as a failure, only a change of plans.

To give you an example: I know there are some of you that perhaps failed a class in your time here at Cal State, but you did not allow that failure to be an option, you kept going. You took the class again, you changed majors, or you were able to compensate with other classes. But for you failure was not an option, you simply had a change of plans.

As for me, I took my career failure and began to look into other careers. Somehow, I got the brilliant idea that I could go to law school because frankly, I didn’t know any better.

I enrolled at the University of Akron school of law in northeast Ohio. I was one of only three Latinos in the entire entering class. There were so few minorities at this school that the Asians and Latinos had to unite in order to have enough students for a student club, so we had the Asian-Latino law student association. Not only that, but there were no good Mexican restaurants in Akron, Ohio  and it snowed 5 months out of the year.

Don’t get me wrong, I love Ohio. But if someone would have told me on the day I graduated from Cal State Bakersfield that five years later I would be in Ohio, unemployed, and digging my car out the snow in order to make it to class, I would have said, ‘You have the wrong person.”

The same goes for you. Life is what happens when you are busy making other plans and by no means should a change in plans be considered a failure.

Having a plan is great, but just know that you will likely have several changes of plan throughout your life, but each change of direction is only getting you closer to where you need to be. Where you are needed and where you can provide the most benefit to those around you.

And as you start your journey into the post-grad era of your life remember that your path will be unique and there is no point in comparing your path to others. With social media it is so easy to fall into the trap of comparing yourself to others or creating an alternate version of your life for others. In the end no one cares what you had for lunch and anyone that knows you, knows that you are not that pretty without a filter. #Truth True identity is not found in any app in your phone. Your identity is something that you are constantly earning; it is an ongoing and ever evolving process.

So for those of you graduating with a plan, good for you, you are on the right track, and for those of you graduating without a plan, good for you, you are on the right track. Remember that this is a world of infinite possibilities. Do not feel that your next step is the most important step you’ll ever take. It’s not. It is simply another step in the evolution of you.

Do not feel rushed to feel that sense of accomplishment. It took me 14 years and in invitation to speak at the Chicano commencement before I realized that I am exactly where I am supposed to be.

Los planes son geniales pero las metas son mejores. Plans are great, but goals are better.

A goal is not nearly as rigid as a plan. Your goal could simply be to help others, or to provide for you family. The path that your goals will take you, will be ever changing. No matter what goal you set for yourself today I can honestly tell you that achieving a goal will not come without hard work.

When I was in law school a professor shared this piece of advice that has stuck with me throughout the years. He said, ‘throughout your career you will encounter opposing counsel that will be smarter than you, more experienced than you, and with more resources than you, but they will not outwork you. That’s the part that you control.’

We cannot control our background, we cannot control our upbringing, we cannot control our gender, or race, or the state of the economy, we cannot control the cards we were dealt, but we can control how hard we work to achieve our goals.

We can control how late we stay and how early we arrive. We know that we cannot knock on doors and climb the ladder of success with our hands in our pockets. Most of us learned our work ethic from our parents. Before all the graduation celebrations are over make sure to thank your parents and those who supported you  for their hard work and sacrifice.

Así de duro como han trabajado para llegar aquí hoy, ellos han trabajado más duro para darles la oportunidad de estar aquí hoy. As hard as you have worked to get here today, they have worked harder to give you the opportunity to be here today.

Make sure to thank that entire community that is here for you, even the ones that didn’t get a ticket are happy and proud of you.

In fact, let’s thank them right now. Can I get all of the graduates to stand up for moment? OK, I want you to turn to the audience and give them a round of applause.

Class of 2017, as you leave here today, I would like for you to continue to think of Cal State Bakersfield as your home. This university has now been my home for over a decade. In fact, I continue to attend alumni events. Just a few days ago, I attended the Spring barbecue. In 2011, I studied for the bar exam on the third floor of the library. I left a pink sweater there that hopefully is still in lost and found. The point being is that this university is also part of your community of support.

In conclusion, I leave you with the following thought. The poet, Omar Kyaam, once said, “Not one returns to tell us of the road, which to discover we must travel ourselves.” I have returned to tell you that your road to self-discovery is just beginning. Embrace the journey ahead.

Enjoy your commencement festivities, you have earned every minute. Felicidades

Chain | Cohn | Stiles fights to protect the rights of all injured workers in California, including immigrants

April 12, 2017 | 9:18 am


Did you know that in California, Latinos are less likely to file workers’ compensation* claims, yet have the highest rates of work-related injuries? They are also less likely to seek medical attention, have less access to medical facilities, and face the highest percentage of retaliation at work.

Undocumented workforce, in particular, suffer the most for fear of losing their jobs or facing negative reaction from their employers when they are hurt on the job.

Attorneys from the Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles have been speaking out about the rights of all injured workers in California — documented and undocumented. The message: It’s vital for lawmakers in California to implement laws that continue to strengthen the rights and protections of all its workers, including undocumented immigrants.

“Latinos are the lifeblood of many industries in California, particularly in the Central Valley, and contribute tremendously to our nation’s economy,” said Beatriz Trejo, workers’ compensation attorney with Chain | Cohn | Stiles. “They deserve equal protection under law.”

Trejo served as the moderator for a recent California Applicants’ Attorney Association (CAAA), Latino Caucus, symposium that aimed to educate on the issues affecting Latino workers in California. Trejo is the president for the Bakersfield Chapter of CAAA.

The symposium focused on these alarming statistics: Latinos account for 59.4 percent of all workplace injuries and 37.8 percent of all workplace deaths. They experience a higher rate of injuries in California because of their employment industries — agriculture, warehouse and packing, food processing plants, or truck driving to name a few.

Workers’ compensation claims are less reported among undocumented immigrants because their immigration status is used as a weapon of intimidation. Despite the passage of strong labor laws, they are rarely enforced, according to coverage from Vida en el Valle, a publication that covers news from the Latino community in the Central Valley.

Because of these concerns, Trejo has been speaking at various “community town hall” meetings throughout Kern County, including Lamont, Arvin, Delano, Taft and Bakersfield. They are hosted by the Immigration Justice Collaborative, a group of volunteer attorneys who aim to educate undocumented residents in Kern County on their basic legal rights.

During the town hall meetings, Trejo gives a brief description of the rights of injured workers under the California Labor Code, and meets briefly with those with additional questions. Under Labor Code §1019: “It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees.”

And under Labor Code §98.6, “No person shall discharge an employee or in any manner discriminate against any employee or applicant for employment” for filing work injury claims, for example.

Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone. In California’s workforce, it’s estimated that about one in ten workers is undocumented.

“It’s critical to continue to help Latino and undocumented workers with their work injury claims, to make sure they are fairly compensated and make sure their rights are protected,” Trejo said.

Seventy-nine percent of the nation’s undocumented immigrants are Latino with 2.4 million (22 percent) residing in California alone, according to Vida en el Valle. In California, it’s estimated that about one in 10 workers are undocumented.

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If you or someone you know is injured on the job, please contact the workers’ compensation lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website, bakersfieldwclawyers.com.

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MEDIA COVERAGE

Chain | Cohn | Stiles attorney Beatriz Trejo named ‘Young Workers’ Compensation Lawyer of the Year’

March 22, 2017 | 9:30 am


Beatriz A. Trejo, an associate attorney with the law firm Chain | Cohn | Stiles, has been selected as the 2017 winner of the “Young Workers’ Compensation Lawyer of the Year” by the State Bar Workers’ Compensation Section.

Trejo, who has been assisting injured workers at the Bakersfield-based personal injury law firm Chain | Cohn | Stiles since 2015, is being honored for her stellar professional work, as well as her commitment toward serving her community.

“I am extremely honored to be recognized by State Bar of California,” Trejo said. “It is an honor that I did not think could be possible when I started the practice of law.”

Before joining Chain | Cohn | Stiles, Trejo was a defense attorney who practiced in front of the Workers’ Compensation Appeals Board — she is familiar with the inner workings of insurance companies, insurance carriers, and self-insured employers. She is currently the president of the California Applicants’ Attorneys Association (CAAA), Bakersfield Chapter.

Outside of the office, she supports local programs focused on advancing Latinos and Latinas in Kern County, including Latina Leaders of Kern County and the Kern County Hispanic Chamber of Commerce’s Small Business Academy.

Trejo is fluent in Spanish, and has appeared on local Spanish radio stations, assisting Kern County residents with their legal questions. She is a regular contributing writer in the Kern Business Journal, and recently has been a panelist on the Immigration Justice Collaborative’s Community Town Hall events.

Other community organizations she is involved with include the Comprehensive Blood & Cancer Center Foundation’s Cancer Run Committee, CSU Bakersfield Pre-Law Advisory Committee and the CAAA Legislative Caucus.

Trejo displays a level of skill, knowledge and dedication to her craft that exceed those of her contemporaries, and even that of many experienced veterans in practice, said James Yoro, senior partner and workers’ compensation veteran lawyer at Chain | Cohn | Stiles.

“What sets her apart from many other attorneys of her age and experience is her abiding and selfless commitment to serve our profession and our community at large,” Yoro said.

Indeed, for Trejo, she understands that for many injured workers, workers’ compensation benefits are the only benefits they will receive after an injury.

“I find representing injured workers to be a great responsibility due to the limited options,” Trejo said. “And representing injured workers goes beyond my time in the office. I represent my client’s interests though my lobbying efforts in Sacramento and by leading the local chapter of applicants’ attorneys in Kern County.”

The honor is awarded each year to a lawyer who has been in practice for five years or less, or who is 35 years of age of younger. Trejo will be presented with the award during a ceremony Aug. 18 in San Diego.

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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.

Luchando por Justicia: Chain | Cohn | Stiles serves local Latino, Hispanic residents

November 16, 2016 | 6:00 am


Since its early days, the Bakersfield-based law firm Chain | Cohn | Stiles has served injured people from all walks of life, no matter of age, gender, race or sexual preference.

In fact, the law firm has been at the forefront of progressiveness in Kern County, credited for employing one of the first female attorneys in the area and one of the first black attorneys, among other milestones.

The same goes for serving and employing Kern County’s Latino and Hispanic residents, which now represents around 50 percent of all residents in the area.

Simply said: The law firm, its employees and its community are one in the same.

The injury, accident and workers’ compensation law firm Chain | Cohn | Stiles has made available a Spanish language website in order to better serve the local Latino and Hispanic population. You can view that website by clicking here, or visiting abogadosenbakersfield.com.

And recently, Chain | Cohn | Stiles partnered with La Caliente 96.9 to assist Spanish radio station listeners who need help with their potential accident, injury or workers’ compensation* cases. In fact, workers’ compensation associate attorney Beatriz Trejo and personal injury lawyer Heather Rodriguez, who are bilingual in English and Spanish, have become a regular on El Show De Cascabel, a Spanish language show. The radio program is hosted by Juan Leal, who goes by the nickname “El Cascabel,” and Marina Moreno, whose alias is “La China.” The widely popular Kern County show airs on FM station 96.9 from 2 to 7 p.m., Monday through Friday.

The law firm and its employees are also deeply involved in community efforts that serve the local Hispanic population, including Kern County Hispanic Chamber of Commerce and Latina Leaders of Kern County, among others.

The message relayed to listeners is that Chain | Cohn | Stiles is “Standing for Justice” for all residents of Kern County — or, in Spanish, “Luchando por Justicia.”

You can listen to various Spanish radio interviews featuring Trejo and Rodriguez below:

El Cascabel also frequently gives endorsements of Chain | Cohn | Stiles to his show’s listeners. You can listen to one of them by clicking here.

Trejo and Rodriguez could be heard at various times during the week with El Cascabel answering pressing legal questions from listeners throughout Bakersfield and Kern County. To learn more about Beatriz Trejo, click here, and to learn more about Heather Rodriguez, click here.

And if you or a someone you know needs assistance with a potential accident, injury or workers’ compensation case, call the lawyers at Chain | Cohn | Stiles for a free consultation at (661) 323-4000, or visit the website 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.

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.

Community Voices: Bad workers’ compensation laws in California are costing taxpayers

October 26, 2016 | 9:02 am


Editor’s Note: The following article appeared as a Community Voices article in the Oct. 14, 2016, Opinion section of The Bakersfield  Californian. To read the article in print format, click here. To see the article online, click here

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Taxpayers: Bad workers’ comp laws in California are costing you

By James A. Yoro

As a business owner, I have a personal investment in the health and welfare of my employees. Not only do I want a safe working environment but if, God forbid, they get injured, I want them to be taken care of so that they can return to work as soon as they recover.  That is what I expect for the insurance premium dollars I have spent.

A workers’ compensation system that provides adequate support to injured workers is a key component to the social safety net that we as a society have all agreed is necessary. It provides a fair and balanced approach to the costs of doing business and the unfortunate inevitability of on-the-job injuries.

Continuing erosion of these safety net benefits result in harmful and widespread economic consequences to the injured worker. What often goes unnoticed and unmentioned is the fact that we all will ultimately bear the brunt of this denial of benefits as a result of the cost shifting that occurs.

In fact, it’s costing you, my fellow taxpayers, right now.

California’s private workers’ compensation insurance carriers so effectively lobbied California’s legislators that they have eroded the system to the extent that the costs for the long-term care and disability for injured workers in the state often falls on taxpayers through the Medicare, Medi-Cal and Social Security system. This is an undue burden to the taxpayers and a shirking of the insurance company’s responsibilities. California’s workers’ compensation insurers continue to collect premiums from California’s employers all to increase their profits while California’s injured workers ultimately have to rely on taxpayer-funded systems.

A recent U.S. Department of Labor report (“Does the workers’ compensation system fulfill its obligations to injured workers?” – Oct. 5, 2016) outlines the troubling condition faced by injured workers because state-sponsored workers’ compensation programs throughout the nation are failing to provide even rudimentary benefits.

“Other social benefit systems … have expanded our social safety net, while the workers’ compensation safety net has been shrinking. There is growing evidence that costs of workplace-related disability are being transferred to other benefit programs, placing additional strains on these programs at a time when they are already under considerable stress.”

For example, here in California, benefits paid to injured workers to replace lost wages during the time off needed to recover from an injury have been capped at 104 weeks. The consequence of this is that those most seriously injured who do not recover in that amount of time face severe financial pressures. With no other similar benefit available, the burden to survive falls on the disabled worker, and ultimately the taxpayers.

The labor department report calls for an increase in the federal role of oversight including the appointment of a new national commission and establishment of minimum standards.

Business owners and employers should all be contacting their legislative representatives and demanding an end to this continuing degradation of rights and benefits to our hard-working labor force.

I am not a proponent of federal intervention into our states workers’ compensation system; however, this report should serve as a wake-up call to all of us. If we do not take care of our injured workers, then the threat of big government casting its shadow across our Golden State looms large in our foreseeable future.

James A. Yoro is a certified workers’ compensation attorney, a senior partner at the Bakersfield-based injury and workers’ compensation law firm Chain | Cohn | Stiles, and has nearly 40 years of experience in the practice.

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If you or someone you know is hurt on the job, contact our workers’ compensation attorneys by calling (661) 323-4000 or 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.

Safety Tips: ‘Cumulative trauma’ injuries from work, and how to avoid them

August 31, 2016 | 6:00 am


NOTE: The article below, written by Chain | Cohn | Stiles workers’ compensation attorneys James Yoro and Beatriz Trejo, appeared in the August/September 2016 issue of the Kern Business Journal. The Journal is a bi-monthly publication by The Bakersfield Californian that showcases business and industry developments across Kern County.

This article focuses on important tips to prevent cumulative trauma injuries in the workplace. This occurs when there is repetitive strain in the muscles, nerves, ligaments, and tendons. To view the article in the publication, click here. To see the entire publication online, click here

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In today’s technology-driven work life, it is easy to imagine an 8-hour day sitting behind a computer screen. Alternatively, we are exposed to long hours of standing or repetitive movements, which may lead to what is called a cumulative trauma injury, which occurs over time, as opposed to one caused by a particular event leading to a specific injury.

California law recognizes both of these injuries equally. The following are some tips for avoiding repetitive trauma injuries in the workplace:

Take breaks and use them wisely

No matter what activity you perform most in your daily work life – sitting, typing, lifting or bending, for example – your body is not likely meant to tolerate it for long periods of time. Make sure to take breaks from these activities by avoiding them. Avoid leaving your desk to simply sit in the break room. Avoid straining your eyes at your computer to check text messages on your phone. Instead do what would seem like the opposite – like walking or stretching.

Make sure to tell your doctor

The most common question in a cumulative trauma injury is, “When did the symptoms start?” It is quite rare for a person to actually remember the first time they experienced any type of symptoms. For the most part, a person will ignore symptoms and simply attribute them to being tired or sore in hopes that they will go away. However, this is rarely the case. A cumulative trauma injury is one with a prolonged period of injurious exposure. This means that whatever activity you are performing at work is causing your pain and discomfort and will continue to accumulate unless you change something.

Stay hydrated

With temperatures above 100 degrees, it’s easy to fall behind on liquid intake. Dehydration and heat exhaustion poses a threat particularly for people engaged in outdoor activities. The long Kern County summers makes this threat an ongoing issue that must be addressed daily.

Get plenty of sleep

Sleep plays a vital role in good health and well-being throughout your life. Getting enough quality sleep at the right times can help protect your mental health, physical health, quality of life and safety. The way you feel while you’re awake depends in part on what happens while you’re sleeping. During sleep, your body is working to support healthy brain function and maintain your physical health. The damage from sleep deficiency can occur in an instant or it can harm you over time. For example, ongoing sleep deficiency can raise your risk for some chronic health problems. It also can affect how well you think, react, work, learn, and get along with others.

Stress can impair your immune system and make you more susceptible to illness and injury. Often we are confined to the daily routine without proper rest which leads to stress if an appropriate break or vacation is not enjoyed. Vacations are an important part of maintaining a healthy and long work life. Remember, rest and rejuvenation is vital components to avoiding injury from repetitive work activities.

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RELATED MEDIA

— Compiled by Evelyn Andrade for Chain | Cohn | Stiles

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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.

Working outside? How to stay safe in the summer heat, and identify heat illness

July 27, 2016 | 6:00 am


It’s summer time in Kern County and the temperatures aren’t going down anytime soon.

Bakersfield-based law firm Chain | Cohn | Stiles wants to remind everyone enjoying the outdoors to take proper precautions to beat the heat, especially those working in the outdoors. Each year, thousands of workers become sick from occupational heat exposure, and some even die. In 2014 alone, 2,630 workers suffered from heat illness and 18 died from heat stroke and related causes on the job, according to U.S. Department of Labor and the Occupational Safety & Health Administration (OSHA).

These illnesses and deaths are preventable. Please take note of these safety measures for staying safe in the summer heat:

 

Protect Yourself

Sunlight contains ultraviolet (UV) radiation, which causes premature aging of the skin, wrinkles, cataracts, and skin cancer. Here’s how to block those harmful rays while working:

  • Dress appropriately for the heat: Wear loose-fitting, long-sleeved shirts and long pants to cover as much skin as possible in order to prevent sunburn.
  • Use sunscreen with a sun protection factor (SPF) of at least 30.
  • Wear a hat.
  • Wear UV-absorbent sunglasses.
  • Limit exposure: UV rays are most intense between 10 a.m. and 4 p.m.

 

Hydrate 

It is important to drink plenty of water. The National Institute of Medicine recommends men drink approximately 3 liters of water, and women to drink 2 liters of water per day.

If working in the outdoor heat, drink a cup of water every 15 to 20 minutes, even if you are not thirsty. During prolonged sweating lasting several hours, drink sports drinks containing balanced electrolytes. Avoid alcohol and drinks with high caffeine or sugar.

 

Rest

Rest in the shade to cool down, and keep an eye on fellow workers. Employers should ensure and encourage workers to take appropriate rest breaks to cool down and hydrate.

Shorten work periods and increase rest periods as temperature, humidity, and sunshine increase, when there is no air movement, if protective clothing or equipment is worn, or for heavier work.

 

Learn the Signs

It’s important to know and be able to recognize the signs and symptoms of a heat-related illness. There are different types of heat-related illnesses, ranging from those that cause temporary discomfort to the generally fatal condition known as heat stroke.

  • Heat Stroke: A serious, life-threatening condition that occurs when the body loses its ability to control its temperature. In heat stroke, a person develops a fever that rapidly rises to dangerous levels within minutes. A person with heat stroke usually has a body temperature above 104 degrees, but the temperature may rise even higher. Other symptoms and signs of heat stroke may include confusion, combativeness, bizarre behavior, feeling faint, staggering, strong rapid pulse, dry flushed skin, and lack of sweating. Delirium or coma can also result from heat stroke.
  • Heat exhaustion: A warning that the body is getting too hot. Those most prone to heat exhaustion include elderly people, people with high blood pressure, and people working or exercising in a hot environment. A person with heat exhaustion may be thirsty, giddy, weak, uncoordinated, nauseous, and sweating profusely. As with heat syncope and heat cramps, the body temperature is usually normal in heat exhaustion. The heart rate (pulse rate) is normal or elevated. The skin is usually cold and clammy.
  • Heat cramps: A person who has been exercising or participating in other types of strenuous activity in the heat may develop painful muscle spasms in the arms, legs, or abdomen referred to as heat cramps. The body temperature is usually normal, and the skin will feel moist and cool, but sweaty.
  • Heat syncope: Someone who experiences heat syncope (fainting) will experience the sudden onset of dizziness or fainting after exposure to high temperatures, particularly after exercising in the heat. As with heat cramps, the skin is pale and sweaty but remains cool. The pulse may be weakened, and the heart rate is usually rapid. Body temperature is normal.
  • Dehydration: There are three stages of dehydration. Symptoms may include dry mouth, dry skin, and headache. Severe dehydration symptoms include extreme thirst, irritability and confusion.
  • Sunburn: Sunburns can cause the skin to become red and swollen. Sunburns can be a risk factor for skin cancer and sun damage. Heat rash, on the other hand, is a skin irritation caused by excessive sweating during hot, humid weather. It looks like a red cluster of pimples or small blisters.

If you or someone you know is experiencing symptoms of a heat-related illness, do the following:

  • Call 9-1-1.
  • Seek shelter from the sun.
  • Apply water on the person.
  • Apply ice on the person’s neck or areas where large blood vessels are near the surface.
  • Remove any heavy clothing.

 

Employer Responsibilities 

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

  • Provide workers with water, rest and shade.
  • Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.
  • Plan for emergencies and train workers on prevention.
  • Monitor workers for signs of illness.

— By Evelyn Andrade for Chain | Cohn | Stiles

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If you or someone you know if injured at work, please call the workers’ compensation attorneys at Chain | Cohn | Stiles at (661) 323-4000, or visit the website chainlaw.com. Workers’ compensation lawyers James Yoro and Beatriz Trejo can help.

*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 values of the fraud, whichever is greater, or by both imprisonment and fine.

Wrongful death, auto accident cases headline million-dollar results in 2015

January 6, 2016 | 11:31 am


As the New Year begins, let’s take a look back at 2015 at several real results Chain | Cohn | Stiles obtained for the people of Kern County in their accident, wrongful death and workers’ compensation* cases.

$6 Million – Wrongful Death

Jesse Rios was going for his routine morning jog when he was struck and killed an employee of West Coast Casing, LLC. The driver was driving a company truck home from work when he fell asleep at the wheel in a residential neighborhood, allowing his truck to veer up onto the sidewalk, where he struck Jesse.

Jesse left behind a young daughter, a new wife, and his devastated mother. Before his death, Jesse had worked two jobs to help care and support his family.

Chain | Cohn | Stiles filed a wrongful death lawsuit on his family’s behalf, claiming that Eliseo Soto was negligent when he fell asleep at the wheel.

During the lawsuit, it was discovered the driver had previously had an accident due to falling asleep at the wheel. Also, he admitted that he was tired on the morning of the accident and that he should have pulled over to the side of the road and slept. In addition to proving that both the driver and West Coast Casing, LLC, were liable for the accident, Chain | Cohn | Stiles was able to prove that Jesse, a cook and dishwasher at two chain restaurants, would have financially supported his young family for many years to come.

Chain | Cohn | Stiles retained vocational and economic experts to prove the value of Jesse’s financial contribution to the family. The case settled at mediation for $6 million less than seven months after the accident.

$3.5 million – Big Rig Accident

The plaintiff was driving in his work truck as he was returning to Bakersfield, having performed a job in Lancaster, Calif. As the plaintiff was traveling on the high-way, a dust storm caused visibility to drop to almost zero. The plaintiff came to a stop, as vehicles in front of him stopped. At that time, the defendant, who was driving a tractor trailer for Market Transport, failed to see traffic stopped ahead of him, and he rear-ended the plaintiff.

The plaintiff did not seek immediate medical care after the accident. Instead, his employer drove him back to Bakersfield, and he sought urgent care treatment later that same day. Upon retaining Chain | Cohn | Stiles, the lawyers suggested that the plaintiff seek additional emergency medical care. Shortly thereafter, the plaintiff was diagnosed with a brain bleed.

Chain | Cohn | Stiles filed suit against the defendant and his employer, Market Transport, for negligence in the big rig accident.

Chain | Cohn | Stiles, recognizing the significance of the plaintiff’s injuries, asked that he be evaluated by a neurologist. Ultimately, the plaintiff was diagnosed with a mild to moderate traumatic brain injury. Chain | Cohn | Stiles retained experts in neurology, psychology, neuropsychology, endocrinology, vocational rehabilitation and economics to offer opinions regarding the plaintiff’s future needs.

The case ultimately settled at second mediation for $3.5 million.

$2.35 million – Auto Accident

The plaintiff was driving a 20016 GMC Denali safely northbound in Tehachapi. At the same time and place, a driver of a 2007 Sterling truck was going northbound on the same road while in the course and scope of employment for Shred-It USA Inc.

The defendant carelessly and unlawfully maintained and operated the vehicle so as to cause a crash and rear-end the plaintiff’s vehicle, which caused serious and permanent injuries to his body. As a result, the plaintiff suffered a disability and was unable to resume his pre-injury occupation as a correctional officer.

The case settled in 2015 for $2.35 million.

$2.15 million – Industrial Accident

Plaintiff John Doe was a tractor trailer driver assigned to pick up a load of pipe from Doe Pipe Manufacturer, loaded by the company, and deliver it to a customer in Colorado. The plaintiff’s only involvement in loading the pipe was throwing straps over the load to secure it. When he arrived in Colorado, he began unstrapping the load, when a large piece of pipe rolled, striking plaintiff’s foot. He suffered a broken foot, and eventually developed Chronic Regional Pain Syndrome (CRPS).

Chain | Cohn | Stiles filed suit against Doe Pipe Manufacturer, alleging they negligently loaded the pipe. Specifically, the firm alleged the defendant failed to place anti-roll blocking or chalks around the piece of pipe. The defendant claimed they were not responsible, citing federal safety regulations that state truck drivers are responsible for the safety and securement of loads.

In addition to its trucking expert, Chain | Cohn | Stiles hired a computer graphics expert to create a simulation of the load on the plaintiff’s truck, which proved the plaintiff could not see the top of his load to ensure that the pipe on top was properly chalked into place, and the defendant prohibited him from climbing on top of his load to check. Chain | Cohn | Stiles also retained medical experts to assist in determining what future medical care the plaintiff would require.

The case settled before the court for $2.15 million.

$2 Million – Dog Bite

The plaintiff called the Kern County Sheriff’s Office for assistance with domestic violence. Her child’s father was being abusive.

When Sheriff’s department officers arrived, the plaintiff began walking toward the deputy’s patrol car, and the K-9 inside of the patrol car was released, and began attacking the plaintiff. The department claimed the K-9 was released accidentally.

The dog bite case settled with the County of Kern for $2 million.

$1 million – Wrongful Death

John Doe was a resident in a residential care facility that specialized in the care of adults with severe developmental disabilities.

While in the home, John Doe got into an argument with one of the home’s staff members. John Doe punched the staff member in the face, which resulted in several additional staff members physically restraining John Doe, face down, on the home’s floor. John Doe was restrained for a period of approximately 14 minutes, during which time he stopped breathing. No one from the home attempted to resuscitate John Doe, and he was not provided with any medical care until law enforcement and paramedics arrived on scene.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of John Doe’s mother.

Throughout litigation, the group home contended that it was not at fault for John Doe’s death, and that instead his death was due to his poor health. Moreover, the group home contended that John Doe started the altercation, by punching the staff member. Chain | Cohn | Stiles  was successful in proving that the group home should have provided special training to its staff, including training for how to safely restrain someone such as John Doe.

The case settled for insurance policy limits of $1 million.

$810,000 – Workers’ Compensation

The plaintiff was injured when a drill fell on his shoulder, causing severe injuries to his neck, upper back, shoulder and chest. The client and his family came to Chain | Cohn | Stiles because they needed help dealing with the complicated nature of the injuries and the consequences it was having on all of them.

The total guaranteed payout to the client came out to $810,000 in workers’ compensation benefits.

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For more results and case information, visit the Chain | Cohn | Stiles website at Chainlaw.com.

*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.

These results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Chain | Cohn | Stiles visits Kern County prison employees to provide tips, resources

October 14, 2015 | 10:44 am


Workers’ Compensation* attorneys and staff from Chain | Cohn | Stiles recently visited Kern Valley State Prison in Delano to provide resources and tips prison staff and correctional officers.

Chain | Cohn | Stiles took part in the recent annual health fair for Kern Valley State Prison staff, which is hosted by the prison to “increase awareness of beneficial programs and products available to staff,” according to organizers.

Participation by the workers’ compensation and personal injury law firm in the health fair was part of the law firm’s partnership with Kern County prisons called Group Law Services. The program, started by the Chain | Cohn | Stiles nearly 50 years ago, provides quality legal help for working people in Kern County, especially those who belong to local credit unions, labor unions and service organizations. Through Group Law Services, members and their immediate family members are entitled to free initial consultations, reduced fees if ever in need of help from our law firm, and other benefits.

To see a list of local groups that provide their members with full access to Group Law Services benefits, click here. If your group is not a member, but are interested in becoming a member, please call 661-323-4000.

Benefits are provided to correctional officers and staff members of all Kern County prisons including Kern Valley State Prison, North Kern State Prison, California Correctional Institution, and Wasco State Prison. Among the most common clients coming to Chain | Cohn | Stiles from these prisons are correctional officers as part of the California Correctional Peace Officers Association.

Job injuries, unfortunately, are a part of life for officers working in prisons. They are exposed to various dangers and physical demands unique in their workplace. Assaults by inmates, for example, are a common occurrence.

It’s important for these officers to take notice of their legal rights and obligations under California workers’ compensation laws. Here are some general tips employees of prisons can follow if injured on the job:

  • Report an injury as soon as possible.
  • Get names of any witnesses.
  • Get medical treatment if you need it.
  • Make sure to explain how you got hurt.
  • Fill out accident report forms accurately.
  • Be consistent in your statements.
  • Do not give a tape recorded statement to an insurer.
  • Consider talking to a workers’ compensation lawyer.

If you are injured in a work-related incident, or suffer from a disease or ailment caused by your employment, you should protect your rights, and the best way to do so is to retain a competent workers’ compensation attorney.

Chain | Cohn | Stiles workers’ compensation attorney James Yoro has nearly 40 years of experience in Kern County, and attorney Beatriz Trejo can assist Spanish speaking injured clients as well.

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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.

10 things every employer should know about workers’ compensation

March 25, 2015 | 9:37 am


Note: The following article was published in the April/May edition of the Kern Business Journal, which you can view by clicking here. The Kern Business Journal is a bi-monthly publication of the The Bakersfield Californian, showcasing business and industry developments across Kern County.

By James Yoro and Beatriz Trejo

Responsible employers and responsible employees want the same thing: to work in a safe and healthy environment. But despite the best efforts of all involved, accidents can and do happen, and a work injury is an unfortunate incident for all parties involved.

The workers’ compensation* system is based on a trade-off between employees and employers – employees are supposed to promptly receive the benefits for on-the-job injuries, and in return, the workers’ compensation benefits are the exclusive remedy for injured employees against their employer.

An employer should respond quickly and appropriately to an employee’s work injury claim so as not to unnecessarily delay the provision of the needed benefits.

But the process can be more complicated than that. Here are five things employers should consider when dealing with on-the-job injuries:

1) The employer has a duty investigate.

The law requires that when an employer has been made aware of any facts which would lead to a conclusion that an injury has occurred on the job, the employer must investigate the incident. Being made aware of the incident can be any reporting or complaint made to a supervisor, foreman, manager, administrator or any person of authority.

2) Provide a “claim form” to the employee.

Unless the injury resulted in first aid only, within one day of having knowledge of the injury, the employer must provide a “claim form” to the injured worker. Once an injured employee completes and returns the claim form to his or her employer, workers’ compensation benefits should start flowing quickly if the injury is industrial.

3)  Workers’ compensation is a no-fault system.

An injured worker will be entitled to workers’ compensation for injuries arising out of, and in the course of, employment. The injured worker does not need to prove that anyone was at fault for the accident.

4) Workers’ compensation is a benefit delivery system.

There are five types of benefits to which the injured worker may be entitled: temporary disability, permanent disability, medical treatment, vocational rehabilitation services, and death benefits.

5) There are two ways to settle a workers’ compensation case.

Once the case is ripe for settlement, the case may be settled by way of “Stipulation with Request for Award,” where the employee is paid a small weekly benefit ($230 to $270) for the percentage of permanent disability that a doctor has assigned to the injured worker, and is also entitled to any continuing reasonable and necessary medical treatment. However, the medical treatment is still under the control of the employer’s insurance company. The other type of settlement is called a “Compromise and Release.” In this case, the employer through its insurance carrier negotiates to buy-out the insurance carrier’s obligation to the injured worker for benefits and future medical care for a lump sum settlement paid to the employee.

As a bonus, here are five more general tips employers should consider when dealing with on-the-job injuries.

1) No employee wants to get hurt on the job.

If you have good employees then give them the benefit of the doubt when handling their claim.

2) Employees don’t plan on getting hurt on the job.

Just because there are no witnesses to the employees accident or injury doesn’t mean it didn’t happen. The vast majority of on-the-job injuries are not witnessed by anyone. In addition, most employees are reluctant to report injuries unless they are serious or until they become so.

Consider the following scenario:

A warehouse worker who is required to unload trucks has a particularly busy shift on a Friday when he suddenly tweaks his back lifting a load in the afternoon. Rather than stopping work and reporting it at that time, he decides to try and finish out his shift and see if he can rest it over the weekend in the hopes of alleviating his pain. However, despite resting his back over the weekend, it does not get better and when he reports for work on Monday morning, he is unable to do his regular duties and then reports his injury to his foreman.

Once again, if this person is a good employee, then give him or her the benefit of the doubt and process the claim.

3) Injured employees do not get rich off of workers’ compensation benefits.

If an injured worker is placed on temporary total disability by the company doctor, the benefit is paid at two-thirds of the employee’s average weekly wage. This benefit is only available for a total of 104 weeks. This means that if an employee has a serious injury that requires hospitalization or multiple surgeries, they may run out of benefits before they have had a chance to recover. Thereafter, the maximum benefit the employee would be entitled to receive is $230 to $270 per week for a limited period of time. In addition, all medical treatment that the injured worker receives is controlled by the insurance company. Injured workers are not entitled to receive any monetary benefit for pain and suffering, lost wages and future earnings.

4) Do not discriminate against the injured worker.

Labor Code section 132a makes it unlawful for an employer to discharge, threaten to discharge, or in any manner discriminate against an employee because that employee has filed a workers’ compensation claim, or has made known his or her intention to file such a claim or has received a disability rating, award or settlement. Whenever possible, the employer should make good-faith efforts to determine whether or not the employee can be returned to work with reasonable accommodations.

5) Treat the injured worker the way you would want to be treated if you suffered an on-the-job injury.

Employers should try and follow the Golden Rule whenever an employee suffers an on-the-job injury.

– James Yoro is senior partner at Chain | Cohn | Stiles, where he manages the law firm’s workers’ compensation practice, and has nearly 40 years of experience in his field. Beatriz Trejo is an associate attorney in the workers’ compensation department at Chain | Cohn | Stiles.

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For more information and tips on workers’ compensation, visit Chain | Cohn | Stiles’ specialized workers’ compensation website — for frequently asked questions and answers, and other information — by clicking here.

And if you’ve been hurt while on the job, contact the Bakersfield workers’ compensation attorneys at 661-323-4000. Also, visit Chain | Cohn | Stiles’ specialized workers’ compensation website — for frequently asked questions and answers, and other information — by clicking here.

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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 values of the fraud, whichever is greater, or by both imprisonment and fine.