California Permanent Disability

The AMA Guides are inconsistent between chapters. A worker who has to take medications and has to visit a doctor for hypertension but can still perform his or her job gets a higher rating than a worker with a post surgical back with leg pain who is no longer able to do physical work and looses his or her career as a result of the injury. An assembly worker with carpal tunnel who has an operation but can’t return to repetitive work might get 5% to 10%, but a worker with very minimal psychiatric issues can get a rating of 25%.

In short, the orthopedic injuries that lower income workers suffer from and are by far the most dominant type of injury are rated very low and the few internal and psyche problems that upper class workers get rate higher. The Guides have subjectivity and there are still disagreements between doctors regarding the ratings. Also, the rating depends on how well the doctor understands the AMA Guides and how willing the doctor is to give the injured worker the full impairment rating that accurately reflects the injured workers impairment as defined by the AMA Guides.

To add insult to injury, the Administrative Director of the Department of Industrial Relations did not use any empherical data in determining the adjustment factors for the new permanent disability system as required by law. At this point, the defense attorney hacks and insurance company lackeys will say that I am wrong and that the Director used the 2004 Rand Report. This argument has no merit.

First, the Rand Report proposed adjustments to the old system permanent disability rating schedule to adjust between parts of the body. Rand felt that knee injuries were being paid too much and psychiatric injuries were being paid too little. Rand proposed adjustments to make the schedule more equitable between body parts.

The modifications that Rand used had nothing to do with the AMA Guides percentages. The AMA Guides do not even address diminished future earnings capacity. The Rand 2004 Rand study has nothing to do with coming up with modifying factors to make the AMA percentages reflect diminished future earnings capacity. There is no data to support the current modifying factors other than the “policy judgment” by the Administrative Director.

In effect, the new California permanent disability rating system is almost a strait AMA system with minor modifying factors. The result has been cuts in permanent disability benefits by 50% to 70%. This is not even taking into consideration the very draconian apportionment rules that now allow employers and insurance companies to subtract from the already dramatically lowered compensation for such factors as age, race, sex, national origin, as well as asymptomatic pre-existing conditions which are aggravated and are now symptomatic due to the work injury.

The goal of these changes is to chase applicant attorneys out of the system. Most of the defense attorneys will also be gone. Once the attorney’s are removed form the system, the way is clear for even more draconian laws to further dismantle the workers’ compensation system Eventually, if there is no change, workers’ compensation will really only serve as a liability shield (Exclusive Remedy) for employers and will exclude many, mostly older, employees from coverage and offer scant benefits. Insurers are already reaping enormous profits.
Meanwhile, the bill is being passed to the taxpayers in the form of increased Social Security Disability payments, higher Medicare and MediCal roles, and more emergency room use.
Permanent disability, while only responsible for about 20% or less of total workers’ compensation system costs, is the key to the entire system. Applicant lawyers charge a state mandated percentage which is based mostly on the permanent disability of the injured worker. The attorney fee comes out of the injured worker’s recovery and is not paid by the insurance company. The goal of the employers and insurers is to gut the permanent disability benefit so that lawyers find representing injured workers unattractive.

The result is that there will be no one to police the workers’ compensation system to ensure that the injured worker is treated properly and fairly by the system. The reason why lawyers started to get involved in the system was because of the abuse by the insurance industry and employers. The lawyers who started representing injured workers in the 1930’s and 1940’s in California came out of the labor movement and were not motivated by high fees.
The fees were low and most lawyers shunned the work that these pioneers pursued. These were not “greedy trial lawyers” but good people who genuinely wanted to help the injured worker. I am fortunate to have known some of these pioneer applicant lawyers.

I suspect that at some point in the future, the insurance industry and employers will continue to abuse the new found power they have and that either the system will be changed again to give a level playing field for the injured worker or eliminated altogether if there is national health insurance in place.

Defense Attorneys and Domestic Violence

Domestic violence defense is a specialty field among lawyers and anyone charged under these laws needs to make certain that they have appropriate legal representation. The penalties for violations of DV law are stiff and Los Angeles police are empowered to take a great many actions if they suspect that violence is afoot in a domestic scenario.
The measures they may take include separating the couple temporarily, seizing any weaponry in the household and determining if any injuries they observe in the course of the investigation were the result of physical violence by a partner or spouse.

The need for competent defense is made more imperative by the fact that domestic violence can be prosecuted as a felony crime. Those individuals who have prior convictions, especially for violent offenses, are at particularly high risk of being prosecuted with a felony. This means that legal representation must be comprehensive in investigating the arrest.
If any of the rights of the accused have been violated, a good domestic violence attorney will be able to determine as much and to add those violations to the defense's case. The stakes are high with these cases, that much is certain.
An individual convicted of domestic violence on the misdemeanor or felony level faces fines, imprisonment, community service, mandatory counseling and other penalties. At the felony level, the prison terms may be as long as 3 years. In most cases, the felony charges will not be prosecuted unless the victim claims extensive injuries or distress as a result of the domestic violence they allege occurred. This means that a good attorney can oftentimes find out if the claims being made against the accused are legitimate and if the prosecutor is being over-zealous in their pursuit of convicting the accused.

Domestic violence is defined as more than simply striking or otherwise physically assaulting an individual under California law.
Individuals may be charged with a DV crime if they engage in stalking behavior, if they make threats against a current or former intimate partner or if they are accused of abusing or endangering their children.

Couples who have a common child but who are not currently involved also fall under the purview of domestic violence law. As these charges can be very serious and the consequences even more so, an attorney who knows these laws inside and out is a necessary part of a good defense.

Los Angeles (LA) Criminal Defense Lawyers

The LAW OFFICES OF LAWRENCE WOLF, Los Angeles Criminal Defense Lawyers, have been effectively helping individuals charged with crimes for over 35 years. The California criminal defense lawyers of the firm have both prosecuted and defended thousands of adults and juveniles charged with every type of felony and misdemeanor crime in the California courts.

Drug Crimes
Many of our firm's cases involve the defense of those accused of possessing or dealing in illegal drugs. If you are convicted of a drug crime in the state of California, you may face anything from probation and a fine to life in prison. If this is your first offense and there is no violence, you may be eligible for alternative sentencing by the courts.

Manufacturing, (labs) possession of drug precursors, and transportation or other trafficking charges are very serious, and can result in lengthy prison sentences if your constitutional rights are not protected. Government agents have sometimes been known to shade the truth or lie to get results in narcotics cases.

Sometimes aggressive defense tactics must be used to reveal such conduct, or attack a search warrant. Often there is only one viable defense to an accusation of drug possession or trafficking - a motion to suppress evidence, based on the 4th Amendment, arguing that the search that led to the discovery of the drugs was illegal.

In California, Proposition 36 offers an alternative to incarceration for non-violent first time drug offenders. Instead of prison time, you will be placed on probation and sentenced to a drug rehabilitation facility for a year and follow-up care for an additional period of 6 months.

Drug Diversion programs, commonly called "1000 PC" for the penal code section that defines the law, may be available to first offenders. This results in the eventual dismissal of charges after an education program, and does not result in a criminal conviction.

Criminal Lawyers in Los Angeles, California

Los Angeles Lawyers at Your Fingertips
If you are the victim of a crime, or if you have been accused of a crime you did not commit, you need a skilled Los Angeles County criminal lawyer. Los Angeles has plenty of lawyers of this type, but Lawyer Search Guide will help you find the right one for your case. We have a large database of Los Angeles lawyers and Los Angeles criminal defense attorneys.
Best of all, we provide you with reviews from past clients to help make your search for a Los Angeles County criminal lawyer simple. You deserve to have a skilled, experienced lawyer from one of the best Los Angeles law firms, and we can help make that happen.


Find the Right Los Angeles Attorney for your Case
Not all Los Angeles criminal defense attorneys are created equal. You owe it to yourself to find one who has a proven track record of success. We have collected thousands of reviews from people all over the Los Angeles area who have used the services of a Los Angeles criminal defense attorney. Los Angeles’s finest lawyers are included in our directory.
Search through our database until you find the best criminal defense lawyer Los Angeles has to offer. Finding the right lawyer for your case has never been so easy.


Defend Yourself with the Best
There is nothing worse than being suspected of committing a crime you did not commit. If you are in this situation, you need the absolute best criminal defense lawyer Los Angeles can offer you.
Lawyer Search Guide will show you a list of Los Angeles defense attorneys, along with reviews of them from their past clients. When your freedom is on the line, you owe it to yourself to get the very best defense possible.

Los Angeles Defense Attorneys

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Los Angeles Defense Attorneys & Lawyers

The Arraignment
An arraignment is the process by which the defendant is read specific charges against him. All arraignments are conducted after the suspect is arrested and booked by law enforcement. The defendant is arraigned and may choose to plead guilty, not guilty or no contest.

What Will Happen At The Arraignment?
The defendant or his attorney will appear before a judge.
1.The defendant will be asked to acknowledge his identity.
2.The defendant may have private counsel present or the court may appoint one.
3.The defendant may be told his possible punishment. The possible punishment is not a reflection on the case or the judges view of the case or the defendant.
4.If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere. (no contest) If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment. (The policy of presenting a plea at a felony arraignment is different state-by-state)
5.In a misdemeanor case, the judge will set the defendant's tentative appearance schedule. In a felony case, the judge will set the defendant's tentative preliminary hearing. (Not all states have preliminary hearings. Some convene a grand jury to find probable cause.)
6.Bail is established. The defendant has a right to argue for a bail reduction.
7.Discovery is usually presented to the defense attorney. Discovery usually consists of a police report and a complaint. This varies by state. Some states do not provide discovery until after the preliminary hearing or indictment.
8.If the defendant pleads guilty at the arraignment, the judge may sentence the defendant at that time.

Pre-Trial Conference
This involves a meeting between prosecution and defense. Topics discussed in most states include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and intangible factors of the case, such as the defendant's character and past history.

Preliminary Hearing (Felonies Only)
At the preliminary hearing the judge determines whether sufficient evidence exists to send the case to the upper court for trial. The judge reviews 1) Whether there is probable cause to believe a crime was committed. 2) Whether there is probable cause to believe the person in front of the court is the one who committed the crime.

The preliminary hearing will be conducted in front of a judge. No jury will be present.

Neither the prosecution or defense will present their entire cases; they want to preserve their case strategies for the trial.

Before trial, counsel will hold a Pre-Trial Conference
The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.

Plea Bargaining
Many cases end in a plea-bargain. Plea-bargaining is a way to avoid a potential stiff conviction in favor of an agreed upon lighter conviction. For instance, in a drug possession case, a judge may be convinced to dismiss the charges in return for the defendant's successful completion of a rehabilitation program. Some judges and prosecutors are favorable to plea-bargaining, whereas others are not. Plea bargaining enables the judges to move cases through the legal process, and prosecutors to rack up convictions.

Five things to consider regarding a plea bargain:
1.A judge-approved guilty or no contest plea bargain may result in a criminal conviction. The conviction will show up as a criminal record.
2.The defendant may lose rights and privileges as if the defendant were convicted after trial.
3.A no contest plea says "I don't choose to contest the charges".
4.A guilty plea serves as an admission of guilt.
5.A plea bargain may result in a lighter sentence and completes the matter quickly.

Trial
A jury trial is the fact finding phase of the case. It is the in-court examination and resolution of a criminal case. At the trial a decision will be reached as to the innocence or guilt of the defendant. Unlike a plea-bargained settlement which completes the case prior to trial, a trial introduces risk for both the prosecution and defense. Neither side knows which side will win. The trial begins with the prosecution's opening statement.
The defense attorney may also present an opening statement at this time. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates innocence and guilt.

If a guilty verdict is returned, the judge will hold a sentencing hearing
The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court.


Circumstances That Can Adversely Affect Sentencing:
1. Previous Criminal Record. A defendant's past record is a large consideration when determining an alternative or lesser sentence within the lower end of the sentencing guidelines. A previous record can also affect the level of security of the facility that the defendant will be sent to as a result of sentencing. Most correctional facilities use a point system unfavorable to repeat offenders costing them time deducted from their sentences. On the contrary, first time offenders are frequently sent to camps or community centers instead of penitentiaries.
2. Enhancements. Most states carry statutes which call for stiffer penalties if a defendant's crime involves the use of a dangerous or deadly weapon, serious or permanent bodily injury, or crimes against youth or the elderly. Enhancements generally increase the sentencing penalties. In some states, enhancements are not a separate charge and are considered part of the primary offense such as armed robbery.

Have you been charged with a crime in Los Angeles or Southern California?
If so, you should speak with a knowledgeable Los Angeles criminal defense attorney immediately. Your initial case evalutaion is free, and during your free case evaluation, we will inform you of your rights and advise you of your legal options. Diamond, Burt & Akhkashian can provide you will affordable, reliable legal counsel.