professional bio
Michael P. Burns attended Florida International University and received a Bachelor of Arts degree in Political Science, summa cum laude, in 2002. He was elected to Phi Beta Kappa. He received awards for academic achievement in Political Science and Philosophy, and was a member of Phi Sigma Alpha, the National Political Science Honor Society.
Mr. Burns received his Juris Doctor degree from the University of California, Berkeley, School of Law (Boalt Hall) in 2005. Mr. Burns received the American Jurisprudence Award for the highest grade in Constitutional Law in 2003. During law school, Mr. Burns clerked for the United States Department of Homeland Security, the National Labor Relations Board, and the Santa Clara County District Attorney’s Office. He was also an Executive Editor and the Online Editor for the Berkeley Journal of Employment and Labor Law, and was a research assistant to Prof. Anne J. O’Connell.
Before joining the firm, Mr. Burns practiced civil litigation and employment law in Monterey, California. He also served as an arbitrator for the Monterey County Bar Association’s Fee Dispute Resolution Program.
Since joining Bradford & Barthel, Mr. Burns’ primary area of practice is workers’ compensation and subrogation. He is the lead legal writer and researcher for the San Jose office, and has litigated cases before the WCAB and has represented insurers in Superior Court.
Outstanding Achievements
Outstanding Achievements (take nothing awards, fraud convictions, and petitions for credit/reimbursement)
- April 11, 2017 – In re: Deborah Nishida
- April 10, 2017 – In re: Layne Gearey
- May 27, 2016 – In re: Rene Solis
- May 20, 2016 – In re: Alejandro Nunez
- February 2, 2016 – In re: Aaron Garcia
- January 21, 2016 – In re: Jovanni Montelongo
- October 6, 2015 – In re: Juan Calderon-Hernandez
- October 5, 2015 – In re: Sergio Silva
- July 31, 2015 – In re: Genaro Miramontes
- May 26, 2015 – In re: Genaro Miramontes
- April 2, 2015 – In re: Brandon Costa
Education & Memberships
2005 University of California at Berkeley, Boalt Hall School of Law
Juris Doctorate
American Jurisprudence Award: Highest Grade in Constitutional Law (2003)
Berkeley Journal of Employment and Labor Law, Executive Editor (2003-2004),
Online Editor (2004-2005)
Research Assistant to Professor Anne Joseph O'Connell (2004-2005)
Law Clerk, U.S. Dept. of Homeland Security (2003),
National Labor Relations Board (2004),
Santa Clara District Attorney's Office (2005)
2002 Florida International University
Bachelor of Arts (Political Science & Philosophy),
Summa Cum Laude
Phi Beta Kappa, Pi Sigma Alpha (National Political Science Honor Society)
Outstanding Achievement (Philosophy, 2002)
Outstanding Achievement (Political Science, 2001,2002)
2005 State Bar of California
U.S. District for Northern California and Ninth Circuit Court of Appeals
Arbitrator, Santa Clara County Bar Association Atty, Fee Arbitration
Program (2013-present)
Arbitrator, Monterey County Bar Association Atty. Fee Arbitration Program
(2010-2011)
Video Interview
AUTHORED Blog Articles & Webinars
Subpoenaing Out-of-State Records: Limitations and Alternatives
One of the most powerful tools in a defense attorney or claims examiner’s arsenal is the subpoena for production of records. This tool
Ticket to Ride: Transportation for Medical Appointments
There are 27 million licensed drivers in California, a state known for its sprawling freeways that transverse nearly 800 miles of deserts, valleys,
On the Road Again: The Commercial Traveler Rule
A traveling banker was in the course and scope of employment when she died after a night of drinking during a business trip,
The Going & Coming & Premise Liability Rules
The presentation will provide a summary of the going and coming and premises line rules and how they affect issues including injury AOE/COE
The Premise Line Rule and Injuries “Outside of Work”
An employer may be located on 123 Main Street and an employee’s shift may begin at 8:00 a.m., but an injury occurring at
Primer: When is the SJDB Voucher Due?
One of the most frequently-asked questions when defendants wish to settle a case is whether the Supplemental Job Displacement Benefit (SJDB) voucher is
Post-Shift Injuries, the General Premises Liability Rule and Determining the Boundaries of the Workplace
Evaluating injuries that occur on the employer’s premises can be a challenging task, particularly when workers are in the transition period between the
Jurisdictional Issues in California Workers’ Compensation Trucking Cases
A truck driver may be injured while hauling a load from Cripple Creek, Colo. to Lake Charles, Louisiana, or while driving down Bourbon
Removing a QME for Bias
Defendants in the California workers’ compensation system in California tend to become accustomed to medical-legal reports that don’t go their way. Sometimes this
Job Abandonment and Off Premises Injuries
In the post-Covid workplace or job, particularly in states such as California where there is a heavy technology industry, it is expected that
Cutting to the Chase: What is an “amputation” under Labor Code Section 4656?
In 2005, the California Legislature provided insurers with a major relief by limiting temporary disability to 104 weeks for most injuries. One exception
Avoiding Additional QME Panels
One of the most common complaints that arise in the life of a worker’s compensation case, from a defense perspective, is applicants requesting
AOE/COE and After-Hours Industrial Injuries
In today’s COVID environment, many employers have provided a large degree of flexibility for their employees to work from home or, alternatively, return
Like Beauty, Adequacy of Settlements is in the Eye of the Beholder
Technological hurdles have complicated the settlement walk-through process during the pandemic, but there are ways to avoid them and get settlements approved. WCAB
An Overview of SJDB Vouchers and Recent Case Law
Despite the elimination of vocational rehabilitation in 2005, California has continued a modified system allowing injured workers to pursue retraining in the form
Discovery and Spousal Privilege in COVID-19 Cases
The recently-enacted presumption of compensability for COVID-19 industrial claims raises a number of discovery issues that are seldom encountered in most workers’ compensation
COVID-19, Fear in the Workplace, and Psychiatric Workers Compensation Claims
One side effect of the coronavirus pandemic that defendants will have to face is psychiatric claims filed by applicants who allege that the
COVID-19 Layoffs and the Post-termination Defense
The COVID-19 epidemic has caused a record number of layoffs, furloughs, and terminations, as many businesses have been forced to close due to
COVID-19 and Its Consequences on California Workers’ Compensation
California and the world are undergoing an unprecedented shutdown of the economy as a result of the COVID-19 epidemic, and its impact is
Communicable Diseases in California Workers’ Compensation: An Overview
The COVID-19 pandemic has placed the issue of workers’ compensation claims for infectious diseases back on insurers’ radar. This area of California workers’
Telecommuters and the Home as a “Second Workplace”
The cost of living in California has resulted in many employees choosing to move to remote parts of the state, but retaining their
THE MYTHS OF LIFETIME MEDICAL CARE
Whether settlement is via stipulated award or compromise and release, one of the most common impediments for defendants is valuing exposure for lifetime
“To Heir Is Human”: Applicant’s Death During a Workers Compensation Claims
When an applicant dies during a worker’s compensation claim, insurers need to be aware of the requirements for resolving the case. The first
“Dave’s Not Here!”: The Intoxication Defense in California Law
Recent concern over the use of opioid medications, whether obtained with or without a prescription, has prompted many employers to carefully examine the
Recent Developments in Telemedicine in California Workers Compensation
The past decade has seen an explosion in online access and improvements in technology. These changes have naturally resulted in changes in medicine.
“Private Eyes, They’re Watching You”: Surveillance in the 21st Century
Reviewing surveillance film is often a flop, like the summer blockbuster that disappoints with a thin plot and weakly-developed characters. Watching thirty or
Ensuring Settlement Payments Reach the Right Parties
In California worker’s compensation, defendants are typically held responsible for the negligence of applicants and their attorneys. Trusting them to provide correct information
“Good Cause” Termination and Ending Temporary Disability Benefits
Temporary disability provides injured workers with a replacement for lost wages they would suffer as they recover from an industrial injury. But what
“Everybody in the Whole Cellblock/Was Hoping the Benefits Won’t Stop”: Workers’ Compensation and Incarcerated Applicants
Many adjusters and defense counsel have run into the following situation at least once: An applicant seems to disappear—he stops treating, misses evaluations,