Donald R. Barthel

Discovery with med-legal experts can dictate the direction of a case, which makes understanding doctor deposition strategy an essential tool for attorneys and

The wheel of case law keeps on spinning and putting a new "spin" on old rules! How have WCAB Commissioners and Justices changed

Donald Barthel & Zane Uribarri discuss how new court decisions & litigation strategies affect established case law. California Workers' Compensation adjusters will receive 1

Tired of depressing international news? Exhausted by continuing talk of COVID? Believe it or not, there are lots of other things going on

Vaccinations got you down? Social distancing and masks bumming you out? New coronavirus statutes, regulations and energy orders making you want to scream?

If you fail to timely raise your affirmative defense, you will lose it. Some say that’s malpractice. Do you know your affirmative defenses

Whose burden is it anyway? What will be “presumed”? How does testimony work? What kinds of evidence—medical, etc.—do you need? Is your evidence

Constantly swamped by carpal tunnel claims? Ever wonder whether job duties really cause CTS or whether something else is going on? Know how

Are you up to date on the newest case law? If not, you’re likely unaware of the latest defenses (and pitfalls!) that you

In seminar one of a five part series on discovery from a defense perspective, we ask: What are your discovery responsibilities? What types

In volume two of a five part series of discovery lectures, Donald Barthel explores employer rights and responsibilities as they pertain recorded statements

Don’t miss this third episode of Donald Barthel’s important series of lectures about the discovery process! Topics include doctor depositions: when should you

Join Donald Barthel for his fourth seminar on discovery. Join him to calculate how much an applicant’s attorney is really worth! What should

We’ve been using California’s apportionment statutes (4663, 4664) since April 19. 2004. But subtle interpretations continue to evolve. This webinar explored who has

No piece of legislation has resulted in more turmoil than AB 5 in many years. Do you know and understand the resulting ABC

As we struggle to deal with viral difficulties around the world, it’s difficult to focus on the permanent changes it will cause down

CT claim filings are expected to explode given our current economic woes. During the last "Great Recession", annual CT claims filed increased by

New PTSD presumptions took effect 1/1/20. Does this change in the law impact your caseload? What defenses are available? Can you apportion PTSD

California Labor Code Section 4600 provides “edical, surgical, chiropractic, acupuncture, and hospital treatment, including…medicines…that are reasonably required to cure or relieve the injured

Been stuck at home for months? Hearing nothing but Coronavirus and elections these days? Wondering whether there is anything else going on in

The employee is working from home. (COVID-19, anyone?) Next thing you know, a DWC-1 hits your desk. Is the injury of a home-based

Sometimes cases get out of control. You find yourself facing a workers’ compensation claim, civil allegations, a Labor Code 132a assertion, a serious and willful claim.

Remember the "bad old days?” Having been in the industry for more than 30 years, I can understand why this question isn't entirely clear. There

You’ve been there: the injured employee has temporary work restrictions that the employer cannot accommodate. What are your options? One great choice is

Every adjuster has been there. You’re sitting at your claims desk (or, in the era of Corona, on your couch wearing your bunny

Per Governor Newsom’s recent Executive Order (EO) issued on May 6th, employees who have a positive test result or diagnosis of COVID-19 within

Telemedicine (aka telehealth) is nothing new. It dates back to at least 1967 when one of the first telemedicine clinics was founded at

Whose burden is it anyway? What will be “presumed”? How does testimony work? What kinds of evidence—medical, etc.—do you need? Is your evidence

Whose burden is it anyway? What will be “presumed”? How does testimony work? What kinds of evidence—medical, etc.—do you need? Is your evidence

Whose burden is it anyway? What will be “presumed”? How does testimony work? What kinds of evidence—medical, etc.—do you need? Is your evidence

Workers’ compensation provides benefits for “employees”. The labor code broadly defines the term. But who—exactly—are employees and who aren’t? This determination is an

What you need to know to mitigate the most suspicious and abused claims in the industry.

What you need to know to mitigate the most suspicious and abused claims in the industry.

Donald Barthel, co-founder of Bradford & Barthel, LLP and founder of B&B’s AMA Analysis & Rating Department, is an acknowledged expert regarding the

Should you settle early? Should you drag your feet? Should you leave no stone unturned? Should you forego discovery? Answer is…yes…no…maybe!?!? What settlement

Should you settle early? Should you drag your feet? Should you leave no stone unturned? Should you forego discovery? Answer is…yes…no…maybe!?!? What settlement

Welcome to the internet age. For those of you—like me—who are of a “certain” age, a life without computers has been replaced Google,

Fair Employment & Housing Act (FEHA) & Americans with Disabilities Act Relevant to workers’ compensation claims? You bet! What you don’t know CAN cost you! Learn about

A Court of Appeal Justice once opined that calculating TD is “a fairly simple calculation.” That justice had NEVER worked a claims desk!

What’s the latest and greatest with UR/IMR? How does CAAA plan to undercut treatment review? What can you do about it? What does

Preparing for a doctor deposition? Why? What are your goals? Your options? How do you develop your “plan” of attack? OR Your deposition

Bradford & Barthel’s Eric Hunter gave a TedX talk in Pocklington, UK on “Harmony & Analytics: Building Predictive Organizations”. Eric’s talk outlined diverse

“You broke it, you bought it”, is a fairly accurate rule of thumb applicable to California’s workers’ compensation system. When an industrial accident

Bradford & Barthel, LLP is pleased to announce their partnership with Spherical Models, LLC. Headed up by Futurist and Chief Technology Officer –

Familiarity Breeds Contempt Does this story sound familiar? The case is accepted, the injured worker (IW) has returned to a modified position and,

We’ve all seen it… The PD in a case rates to something reasonable and all is well, until applicant’s attorney begins to rattle

Our clients want/deserve/need/demand faster, better, and less expensive legal services. Acknowledging this, in 2010, Bradford & Barthel, with 200+ users and 12 offices

Medical Marijuana and LC 4600As we all know, in 1996 California’s Proposition 215 was the first statewide medical marijuana initiative to pass, also

The workers’ comp claim you’re handling is accepted and, as you conduct your discovery, you learn that the injured worker cannot demonstrate that

Disgusted by physicians’ misapplication of the AMA Guides for fun and profit? Angered by the flippant manner in which many doctors regularly find

Last month the 6th DCA handed down the latest—and most authoritative—word on rebutting the AMA Guides. While the Court of Appeal agreed with

The Envelope Please. The red carpet was rolled out and leaders in legal technology from around the world came to Las Vegas last

You have the right to attempt to resolve virtually any/all workers’ compensation issues by going to an Agreed Medical Examiner (AME). Presumably all

Suspicious about an applicant’s veracity, but can’t quite figure out why? Trying to decide whether to assign a case to a private investigator?

Just received a primary treating physician’s (PTP) request for authorization to provide spinal surgery? Think the proposed surgical treatment isn’t reasonable and necessary?

The defense, led by Bradford & Barthel’s own Louis Larres, scored a number of “wins” in Round Two of Almaraz/Guzman: “Not Fair” is

On 9/3/09, the WCAB revisited its earlier DFEC discussions with Ogilvie with yet another en banc decision: Ogilvie II. Largely reiterating its earlier

After a whirlwind of activity, the writ and responses have been filed with the Court of Appeal (Sixth District) in Guzman. The briefs

The Problem In the post-SB 899 world, applicant attorneys are evidencing increasing creativity to step up their revenue stream. Not so very long

The BIG trial is about to begin. The defense attorney (DA) scans the waiting room for the star defense witness (Star) to arrive.

You can’t believe everything you read… According to the Department of Industrial Relations website, the Anaheim WCAB District office is located at: 1661

The 2005 Permanent Disability Rating Schedule (PDRS) has been in effect since 1/1/05. Yes, it has been nearly four years since its inception

AME vs. QME? Which approach is preferable? The answer, of course, is: “It depends… on many things.” Prior to SB 899, represented cases

Congratulations are in order for B&B’s Managing Partner, Mark S. Fletcher, and Tahmeena I. Ahmed, the Partner and Managing Attorney for our Tarzana

Governor Schwarzenegger signed into law the workers’ compensation reform package known as SB 899 on April 19, 2004. Unfortunately, SB 899 has generated

The Problem Oh no! California has, yet again, another split decision! Remember the confusion last year? After years of following the apportionment rules

Almost immediately after the passage of SB 899 (4/19/04), the “TD cap” language found in Labor Code §4656(c) became the subject of vigorous

Exciting news! Kent Ball in Bradford & Barthel’s Walnut Creek office just had a favorable ruling from the California Supreme Court in Larry

Baglione Revisited B&B attorneys have been arguing over these many months that the WCAB commissioners had it wrong in Torres (a panel decision)

The California Supreme Court, in a unanimous opinion filed on 5/3/07, issued a stunning defeat to the California Applicants’ Attorneys Association. The decision

CAAA Celebrates Christmas in January with Pendergrass (1/24/07) The WCAB’s recent en banc decision, Pendergrass v. SCIF (1/24/07), gave cause for unexpected celebration

Every week, B&B’s Rating and Consultation Services is requested to review and analyze MMI reports purporting to determine impairment for upper extremity injuries.

Effective January 1, 2005, California’s newest Permanent Disability Rating Schedule (PDRS) was implemented. This PDRS is used to convert impairment (obtained via the

The WCAB, in its 2/27/06 en banc decision, Pasquotto v. Hayward Lumber, WCC 31452006, dramatically gutted the applicability of Labor Code §4664’s apportionment

Don Barthel and Mark Fletcher, managing partner, recently met with members of the American Medical Association in Chicago to obtain insights into the

In keeping with Bradford & Barthel’s commitment to cutting edge analysis of California’s ever-changing Workers’ Compensation world in which we live, we are

Bradford & Barthel believes “double dipping” should be limited to visits to Baskin-Robbins! Unfortunately many QMEs, PTPs, and even AMEs are attempting to

Per the AMA Guides, a 0% WPI (whole person impairment) rating “is assigned… if the impairment has no significant organ or body system

A subject of great debate and much criticism, the new Permanent Disability Rating Schedule used RAND study results “to establish the ratio of