Law Offices of Robert S Havens

Why I want an audit on delays, By California Assembly Member Blanca Rubio California's workers' compensation system needs fixing. ... You all know it as well as I do, which is why I am requesting an audit to determine the impact of delays on both injured workers and added costs of friction within the system. As a member of the Joint Legislative Audit Committee, I am committed to this important work. My mom is in her 70's and still works five days a week as a housekeeper in the San Gabriel Valley, often working long hours that put a strain on her body. If she gets hurt and has to file a claim, she'll be entitled to benefits under the workers' compensation system. But we know it's not that easy. She'll have to jump through hoops, have her claims denied and be subjected to myriad delays because of a variety of issues which need to be addressed. According to a new report, 82 percent of denied claims have been reversed, resulting in a 55 percent increase in costs to insurers and employers for these denied-then-paid claims. That's why I've asked the Legislature to perform an audit on delays with the intent of improving care for workers while reducing costs. If approved to go forward, the audit by the California State Auditor will examine the efficiency of the delivery of medical care under the work comp system for those who are employed to work in California's correctional facilities and compare these findings to the medical care delivery systems provided to prisoners who are injured while performing prison work. Sadly, I believe we'll find that prisoners are receiving faster and better care than those who are employed to watch over them. I think this will be a wake-up call to anyone paying attention that we need to fix the workers' compensation system to better serve injured workers. Californians deserve to be treated fairly under the law and deserve to receive fair and just medical treatment under the workers' compensation system. (From the California Applicants Attorneys Association newsletter)

Why I want an audit on delays, By California Assembly Member Blanca Rubio California's workers' compensation system needs fixing. ... You all know it as well as I do, which is why I am requesting an audit to determine the impact of delays on both injured workers and added costs of friction within the system. As a member of the Joint Legislative Audit Committee, I am committed to this important work. My mom is in her 70's and still works five days a week as a housekeeper in the San Gabriel Valley, often working long hours that put a strain on her body. If she gets hurt and has to file a claim, she'll be entitled to benefits under the workers' compensation system. But we know it's not that easy. She'll have to jump through hoops, have her claims denied and be subjected to myriad delays because of a variety of issues which need to be addressed. According to a new report, 82 percent of denied claims have been reversed, resulting in a 55 percent increase in costs to insurers and employers for these denied-then-paid claims. That's why I've asked the Legislature to perform an audit on delays with the intent of improving care for workers while reducing costs. If approved to go forward, the audit by the California State Auditor will examine the efficiency of the delivery of medical care under the work comp system for those who are employed to work in California's correctional facilities and compare these findings to the medical care delivery systems provided to prisoners who are injured while performing prison work. Sadly, I believe we'll find that prisoners are receiving faster and better care than those who are employed to watch over them. I think this will be a wake-up call to anyone paying attention that we need to fix the workers' compensation system to better serve injured workers. Californians deserve to be treated fairly under the law and deserve to receive fair and just medical treatment under the workers' compensation system. (From the California Applicants Attorneys Association newsletter)

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Testimonials: "You have had my case for 11 years and now that's it's finally coming to a close after 11 years. You and your office staff has treated me with the utmost respect, sympathy, would talk with me on the phone for how ever long I needed, you all truly cared about me and all that I've gone through because of the accident at work and you have all worked so hard on my case all these years and I can never ever thank you enough. You all are wonderful and awesome and you a...ll will be greatly missed. Please feel free to give anybody my number if they want a reference before retaining you. Again thank you all from the bottom of my heart and I wish you all the best in health and life. I couldn't have gotten through this without you! God bless you all." -- Vicki F. "Robert Havens handled my case with the professionalism that only someone with 25 years of experience can do. His moral support and advice along the way were also extremely supportive. I would highly recommend his services." -- Michael M. "Mr. Havens has represented my husband on two separate work comp cases. My husband returned to Mr. Havens, the second time, because he felt assured that he would represent him with the same respect, compassion and professionalism as he did before. Mr. Havens has always returned my calls or emails promptly and explained so that I would understand. My husband, as well as I, are totally confident that Mr. Havens will do his extreme best in representing my husband. Bottom line - we have referred friends and relatives to Mr. Havens without a second thought." -- Mrs. K "I contacted attorney Robert Havens and he quickly answered all my questions, explained policies and got my case in order. Robert's experience gave me the confidence and knowledge to move forward in selecting a physician who has kept my best interest in healing from the start. This experience is what gives you the edge that your case is handled with care and you will heal correctly!" -- Gino A.

From an email exchange with a client: Q: Was there a particular element of our approach that benefited you most? A: The initial meeting was very informative and the entire process was handled efficiently.... Q: What were some specific actions we took or ways we helped you? A: Experience counts: Mr. Havens has the experience and intimate knowledge in workers compensation. This translates to success in obtaining a reward. Staff, in particular Paola, was supportive and well versed in workers compensation and willing to investigate and find the answer to all inquiries. Q: What else would you say to someone who was considering hiring us? Hurtworker.com will help, inform, support and navigate their clients through the process. Very important when you are injured and in need of emotional and monetary compensation.

Continuous trauma under attack Workers’ compensation law is different in every state. Most, but not all, states require coverage for injuries that take place over time rather than as a result of a specific event. California does require coverage for these continuous trauma injuries. Many of such injuries take place over a long period of time. If you lift heavy material for 15 or 20 years your back and/or knees may wear out. The same is true if you bend to scrub floors a...nd make beds and clean toilets. If you handle or inhale chemicals for many years they might cause cancer. If your work is physically and/or emotionally stressful it may cause or contribute to serious health problems like hypertension. These are often injuries that will never be completely cured. This lack of a concrete, visible event that causes a visible injury with blood and gore, combined with the long term treatment requirements make this type of injury complicated for the workers’ compensation insurer that is required to provide treatment and benefits for all injuries that arise out of and occur in the course of employment. Over time California has developed procedures for determining whether an injury, including a continuous trauma injury, arose out of and occurred in the course of employment. It should be apparent that the continuous trauma claims are often more difficult, time consuming, and expensive to prove or disprove. This makes them unpopular with employers and insurance companies. As the political climate leans toward big money and big business, those interests gain power and do what they can to make things easier for themselves at the expense of workers, consumers, and the little guy. It is likely that the laws allowing claims for continuous trauma injuries are going to be a target of the business interest in the legislature who see workers and their problems as nuisances that make it harder for them to make a profit. Those of us who see workers as part of our team rather than expendable, replaceable units, believe that it is a legitimate and reasonable function of government to make sure that laws protect the majority of the people, particularly those who have less personal individual power. We are concerned that there are indications that members of the California legislature may be requested to do away with this protection for workers who have sacrificed their bodies in service of an employer for the convenience of large employers and insurance carriers. Workers who have worked their whole life in service to an employer and who have, as a result, suffered injury and harm to themselves should not have the protection promised to them throughout that employment demeaned and withdrawn.

Workers Compensation Settlements in California There are two types of workers compensation settlements. They are called a Stipulated Finding and Award and a Compromise and Release. A Stipulated Finding and Award is an agreement which reaches the same decisions that a judge would make after a trial. A Compromise and Release completely closes the case. What is a Stipulated Finding and Award?...Continue reading

Acuerdos en Compensación de los Trabajadores Hay dos tipos de acuerdos en compensación de los trabajadores. Estos son llamados Acuerdo Mutuo y Fallo, y Compromiso y Exoneración. Un Acuerdo Mutuo y Fallo es un acuerdo que contiene las mismas decisiones que un juez habría tomado después de un juicio. Un Compromiso y Exoneración cierra por completo el caso. ¿Qué es un Acuerdo Mutuo y Fallo?...Continue reading

Robert S. Havens has been a workers' compensation lawyer since 1982 in Los Angeles. He is experienced in personal injury law. Our goal is providing the best possible representation for injured workers. We are a small firm, with personalized attention. Testimonials... "You have had my case for 11 years and now that's it's finally coming to a close after 11 years. You and your office staff has treated me with the utmost respect, sympathy, would talk with me on the phone for how ever long I needed, you all truly cared about me and all that I've gone through because of the accident at work and you have all worked so hard on my case all these years and I can never ever thank you enough." "You all are wonderful and awesome and you all will be greatly missed. Please feel free to give anybody my number if they want a reference before retaining you. Again thank you all from the bottom of my heart and I wish you all the best in health and life. I couldn't have gotten through this without you! God bless you all." -- Vicki F. "Robert Havens handled my case with the professionalism that only someone with 25 years of experience can do. His moral support and advice along the way were also extremely supportive. I would highly recommend his services." -- Michael M. "Mr. Havens has represented my husband on two separate work comp cases. My husband returned to Mr. Havens, the second time, because he felt assured that he would represent him with the same respect, compassion and professionalism as he did before. Mr. Havens has always returned my calls or emails promptly and explained so that I would understand. My husband, as well as I, are totally confident that Mr. Havens will do his extreme best in representing my husband. Bottom line - we have referred friends and relatives to Mr. Havens without a second thought." -- Mrs. K "I contacted Robert Havens and he quickly answered all my questions, explained policies and got my case in order. Robert's experience gave me the confidence and knowledge to move forward in selecting a physician who has kept my best interest in healing from the start. This experience is what gives you the edge that your case is handled with care and you will heal correctly!" -- Gino A. 3580 Wilshire Blvd. Suite 1800 Los Angeles CA 90010 (1 block west of the Wilshire / Normandie Metro station) Open Mon-Fri. 9 AM -5 PM. 310 823-3500. 310 821-1898 fax. [email protected]

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