2022 Recap: Changing The Game for Workers’ Compensation Law

• Jan 23, 2023
• Blog
• Michael Burgis & Associates, P.C

In this video, attorney Michael Burgis discusses work and achievements of 2022. Additionally, he highlights how MB&A is going to change the game in 2023 for workers’ compensation law and how this is important to both you and our clients.

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Transcript:

MB&A family and friends. First, I just want to say, thank you. This is just a quick video recapping 2022. And I couldn’t have done it, we couldn’t have done it, without you guys. So, absolutely grateful.

Trial and Appellate Work

What I wanted to go over about 2022 is, in addition to the settlements that we’ve got for all of our clients and all the benefits we’ve delivered, we’ve gone to trial and we’ve kicked butt. Additionally, we do appellate work here. Most firms don’t even go to trial, they definitely don’t do appellate work. We’re a one-stop shop: personal injury, employment law, trial, and appellate law. We do everything here.

And in 2022 we had taken some cases all the way up. We have a case in the Workers’ Comp Appeal Board and a case up at the workers’ comp, or rather the Court of Appeal, where I really truly believe that in 2023 we’re going to change the game, we’re going to be creating case law that’s going to help benefit all injured workers across the entire state.

But additionally, what I want to point out is that by going to trial, by doing the appellate work, we are sending a message to the insurance company, and that is that we’re not the ones to mess with here, because if they don’t pay our clients what they’re legally entitled to, we’ll ring the bell. We’ll go all the way to trial and all the way up the Appellate Court to hold them accountable.

Writ of Mandate

The two cases that we have up that I want to briefly touch on is, one is dealing with what’s called the writ of mandate. This writ of mandate is to the Court of Appeal. And essentially there’s four cases up there, two out of the four on our cases. And what we’re doing is we’re challenging the constitutionality of the Workers’ Comp Appeal Board because I don’t believe they’re acting diligently and they’re parking cases up there and some cases are on appeal for years.

The California Constitution says it’s supposed to be expeditious without encumbrance of any character. So we’re hoping that we’re going to speed up the judicial system and help deliver those benefits expeditiously.

Wigs Case

Additionally, there’s a case called the Wigs case, which is a court of appeal decision that establishes that the court has jurisdiction on denied medical treatment when there’s two scenarios. One, when the doctor submits a request for authorization and it is untimely denied, or if the parties defer it to another doctor outside a utilization review, I’m saying there’s a third. I’m challenging the Wigs case and I’m trying to create new case law. And what we’re doing is we’re arguing what happens when the doctor in the insurance company’s own network is refusing to submit the RFA? Right.

Let’s be honest, these doctors work for the insurance companies. They’re paid by the insurance companies. And if these doctors address home care, home modifications, make referrals outside their specialty, to like psych, internal—it costs insurance companies money and they sometimes get kicked out of the network. So you find some of these doctors in their network that are hesitant to do what they should and that is submit a RFA, a request for authorization, for what the client truly needs.

Now, I’m essentially saying there’s a third time here, and that is when there’s a denial of care. Fortunately, every case that we’ve tried in every case that we have up on appellate review, we won. So it’s the defendant that is appealing. But I can still absolutely create case law when the defendant is appealing.

Workers’ Compensation Law in 2023

So I’m really excited to say that in 2023, I think we’re going to change the game. And how is this important to you and our clients? Well, imagine your insurance company. Imagine you’re dealing with a run of the mill attorney who doesn’t advocate, who doesn’t go to trial, who doesn’t do appellate work. You’re going to lowball them. Here at MB&A, we get results even if we have to go all the way up to the Supreme Court.

Thank You for an Amazing 2022

Again guys, I just want to say thank you. We are truly changing the game and we’re changing the game because of you, because of our friends, because of our family, because of our past clients. And our future clients. Thank you so much. I appreciate it. Amazing 2022 and I look forward to many years to come.