California’s San Fernando Valley Bar Association Helps Seniors

Slade Neighbors made the dean’s list every semester at law school, and has practiced law for 25 years, with a special emphasis on defending workers’ compensation claims. Slade Neighbors is also a member of the San Fernando Valley Bar Association (SFVBA).

Founded in 1926, the SFVBA now claims some 2,000 members, many of whom volunteer for public service programs such as Senior Legal Services. This initiative is open to all residents age 60 and up, regardless of income. It offers expert assistance on the many legal issues seniors face, such as health care benefits problems, long-term care, and guardianship and conservatorship. Agency attorneys also offer advice on elder abuse, Social Security, estates, and other matters.

The process begins with a 20-minute consultation, for which there is a $10 charge. When that time is up, elders can choose to hire the attorneys they are consulting with, often at reduced fees. Clients are expected to pay their own court costs and other expenses.

Services are available at three locations in Van Nuys, Pacoima, and Reseda. To set up an initial consultation, call (818) 227-0490, extension 2106, or email catherine@sfvba.org.

An Overview of Serious and Willful Misconduct in California

California-based attorney Slade Neighbors leads his own professional law corporation as owner and attorney. This not only requires overseeing operations at the law offices, but also performing the regular functions of an attorney, such as providing legal advice and representing clients at trials. Slade Neighbors primarily focuses his practice on workers’ compensation defense, and is particularly knowledgeable about serious and willful injury petitions.

In the state of California, serious and willful misconduct (S&W) is generally defined as failure to act or any intentional act that has a high likelihood of serious injury. Such behavior goes beyond gross negligence, but does not cross the line into criminal behavior. This may include such things as violating a safety order that was designed to maintain safe conditions for employees or placing an employee in a situation that could result in serious injury, despite being fully aware of this risk ahead of time.

During an S&W case, the plaintiff must prove that an employer was aware of a potential hazard in the workplace and did nothing to mitigate the risk that it posed to employee well-being and health. Depending on the situation, this may include everything from evidence that a specific order was violated to proof that the condition or situation led to the employee becoming seriously injured.

When this type of conduct is proven to have been perpetrated by the employer, the amount they owe to the plaintiff increases by 50 percent. This is applied to the total amount that an employee receives for their injury, including the cost of medical treatment, vocational rehabilitation, legal fees, and benefit payments. On the other hand, if an employee is injured due to their own serious and willful misconduct, their benefits may be decreased by 50 percent.

The Qualifications Needed for the MSCC Credential

The owner of a law firm in California, Slade Neighbors has more than 30 years of experience as an attorney in the area of workers’ compensation. To better serve his clients on matters related to compliance issues and the Medicare Secondary Payer Act, Slade Neighbors holds the distinction of being both a Certified Medicare Secondary Payer Professional and a Medicare Set-Aside Certified Consultant.

The Medicare Set-Aside Certified Consultant (MSCC) credential identifies a workers’ compensation professional who has completed specific pre-approved training and demonstrated knowledge in the area of Medicare set-aside trust arrangements. The designation is offered to insurance claims adjusters, legal representatives, and health care professionals, and it highlights a professional’s primary career experience, whether in insurance benefit case management or legal case management in the area of work-related injury claims.

To achieve an MSCC, a professional must have at least 12 months of full-time employment in an industry discipline within the workers’ liability or compensation insurance industry in the last three years. Additionally, he or she must have one of the certifications or licenses under the MSCC license/certification requirement. For instance, attorneys are required to have “a license to practice law.” For all candidates, the license or certification must be current and in good standing. Last, the candidate must possess an associate or higher degree in a field related to the industry.

The Relationship between Workers’ Compensation and Safety

An expert in California workers’ compensation laws and other labor-related issues, Slade J. Neighbors is the owner/operator of his own law firm. Handling all the aspects of his firm, Slade J. Neighbors is a sought-after attorney in legal issues involving workers’ compensation.

Safety and health officers ensure that state or federal workplace safety and health laws are enforced. The Occupational Safety and Health Administration (OSHA) is the federal agency that oversees the application of safety and health laws across the nation.

The OSH Act of 1970 requires companies to provide their employees with insurance coverage (Texas is the only state that does not require insurance coverage). When an injury or illness occurs in the workplace, the employer is required to provide proper medical procedures.

The employer should also assist the employee in filing a claim if the injury or illness is covered by workers’ compensation rules or the employee’s insurance. While the injured employee is recuperating from the injury or illness, the employer should remain in contact with him or her to ensure that the employee is receiving proper medical attention. The employer should keep in mind that the objective is to make sure the employee returns to work as soon as possible.