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Month: February 2021

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Baldwin Park Woman Faces Fraud Charge for Exaggerating COVID-19 Symptoms

Topics: Covid-19, Workers' Compensation

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[vc_row][vc_column][vc_column_text]The Law Offices of Scott Warmuth has previously blogged about the dangers of faking work injuries.  A recent local news story is confirming just how problematic exaggerating a condition can be when one is receiving workers' compensation benefits.  A family services facilitator and coordinator for Head Start at Baldwin Park Unified School District faces two felony charges of insurance fraud and a felony charge of grand theft after allegedly exaggerating COVID-19 symptoms after being infected with the coronavirus at work.  The employee, Stephanie Medrano, 33, of West Covina, has pleaded not guilty. According to news reports, Medrano told her employer that her COVID-19 symptoms were severe enough to require almost a full month of self-quarantine, reporting that she only left her quarantine twice to buy medicine.  However, Medrano was not adhering to quarantine, apparently being spotted shopping for several hours a day and vacationing in Lake Havasu two days after telling her workers' compensation doctor that she was experiencing symptoms associated with COVID-19.  Investigators for the Department of Insurance found that she was also interacting with people outside of her household without a mask. The Baldwin Park Unified School District submitted a suspected workers' compensation fraud claim to the Department of Insurance a little over two weeks after Medrano returned to work.  The Department of Insurance estimates that fraud, if not pursued, would have been resulted in more than $33,000 in workers' compensation benefits.  Penalties for workers' compensation fraud include fines up to $50,000 or double the value of the fraud, whichever is greater, up to five years in prison, or both. See the full news story here. The Law Offices of Scott Warmuth helps injured workers seek workers' compensation benefits.  We encourage all injured workers to be truthful and honest about their injuries with their doctors and to return to work when they are able.  If you have suffered a work injury, our team of attorneys is ready to help you on the road to physical and financial recovery.  Call our law offices today at 888-517-9888 to receive a free consultation. [/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 22 – Alexis Salamanca

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 22 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially dropped yesterday! Episode 22 features Alexis Salamanca, graphic designer and creative director. Episode Description:

Alexis Salamanca is a Graphic Designer, Web-App Developer and Creative Director, with the analytical mind of a strategist. He has become a strong Advocate for business in the San Gabriel Valley. He dedicates countless hours to the San Gabriel Chamber of Commerce, where he has served as a member of their Board of Directors since 2010. Alexis also serves on the Advisory Board of Directors for the University of the West. In addition, he has volunteered his time at The International Church of Christ for over 8 years as a Teen Leader, Mentor for the youth for over 12 years, and for over 20 years as an Administrator.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]
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LA County Superior Court Reinstates Sentencing Enhancements

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]Upon his election last fall, Los Angeles County District Attorney George Gascón made rapid and sweeping changes to how criminal justice matters would be handled in the county.  Among one of his many changes was the complete elimination of sentencing enhancements, which can be used to dramatically extend prison sentences for repeat offenders and gang members.  The move proved extremely controversial within the District Attorney's office, leading career prosecutors to file litigation against the mandate.  Two weeks ago, a Superior Court judge issued a preliminary injunction against the order, allowing prosecutors to seek sentencing enhancements while the litigation is addressed.  Gascón indicated he would appeal the ruling. The ban on sentencing enhancements faced immediate blowback from prosecutors and victims' advocates.  Prior to the litigation, Gascón revised his complete ban to allow for enhancements in certain hate crimes, sexual crimes, financial crimes, crimes against the elderly, and crimes against children.  The Superior Court judge ruled that sentencing enhancements filed prior to the ban or were required by law, such as certain three strike enhancements, they cannot be dismissed.  According to the Los Angeles Times, the ruling could potentially impact over 10,000 defendants with pending charges that include sentencing enhancements.  Gascón is allowed to enact a policy to prevent future filing enhancements not required by law. The ban on sentencing enhancements, and the injunction against the policy, will not affect most criminal cases brought in Los Angeles County.  Regardless of any changes to how Los Angeles County prosecutors pursue criminal cases, the Law Offices of Scott Warmuth will continue to provide a robust defense for our clients.  We strive to ensure that the needs of our defense clients are met and their rights are not violated.  If you or someone you know has been accused of a crime, contact our criminal defense attorneys today.  We offer free, no-obligation consultations at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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U.S. Citizenship Act of 2021 Introduced in Congress, Passage Unclear

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The U.S. Citizenship Act of 2021, the immigration legislation promised by the new Biden administration, has been introduced in Congress.  The proposed immigration law will allow nearly 11 million undocumented immigrants a pathway to citizenship on an eight-year timeline.  DACA recipients, agricultural workers, and foreign nationals with Temporary Protected Status or Deferred Enforced Departure could seek citizenship even faster with immediate green card eligibility.  Green card holders can apply for citizenship after three years.  The legislation also includes provisions and funding to improve the refugee and asylum process, improve technology and infrastructure along the U.S. and Mexico border, streamline the naturalization process for some visa holders, and prohibit would religious discrimination against immigrants. The legislation, introduced by California Representative Linda Sánchez and New Jersey Senator Robert Menendez, both the children of immigrants, faces an uphill battle, especially in the United States Senate.  Political observers do not think the bill will pass in its entirety, but that some portions of the bill could become law.  Comprehensive immigration reform in the United States has been elusive for several decades; the last immigration law with a focus on citizenship was passed in 1986, legalizing almost 3 million undocumented immigrants.  The U.S. Citizenship Act of 2021 aims to provide citizenship to more than three times the number of undocumented immigrants.  Undocumented immigrants who are not eligible for an immediate green card would need to wait five years and pass criminal and national security background checks before becoming eligible. Read the text of the U.S. Citizenship Act of 2021 here. Whether any part of the U.S. Citizenship Act of 2021 will become law will be closely monitored by the Law Offices of Scott Warmuth.  Our immigration attorneys have been helping immigrants live and work in the United States for 37 years.  We provide 100% free initial consultations to anyone seeking immigration assistance.  Call our offices today at 888-517-9888!  We can help you make your immigration goals a reality.[/vc_column_text][/vc_column][/vc_row]
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Q&A – COVID-19 and Employment Rights

Topics: Covid-19, Employment Law

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[vc_row][vc_column][vc_column_text]Law Offices of Scott Warmuth attorneys Yesenia Acosta and Jean H. Power had a question and answer session about the rights of workers when it comes to the COVID-19 global pandemic.[/vc_column_text][vc_video link="https://www.youtube.com/watch?v=XTibtXgGgUc" el_width="60" align="center"][vc_column_text]Do you have questions about employment law in California?  Our experienced team of attorneys can help.  We offer free consultations to listen to your story and can help you determine if you have a legal case.  We pursue all of our employment law cases on a contingency fee basis, with no out-of-pocket expenses.  Call our offices today at 888-517-9888 to schedule your free consultation.[/vc_column_text][/vc_column][/vc_row]
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Happy Lunar New Year from the Law Offices of Scott Warmuth!

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]As the difficult year of 2020 is left behind, the 2021 Lunar New Year welcomes the ox, a symbol of hard work, honesty, and diligence.  The ox is second in the ordering of the Chinese zodiac, trailing only the rat, the symbol of 2020.  The next year of the ox will be 2033.  The 2021 ox is associated with the element of metal. The Law Offices of Scott Warmuth encourages safety during this Lunar Near Year.  Hsi Lai Temple in Hacienda Heights near our offices will be holding its annual Lunar Near Year events online this year for anyone who wants to celebrate the holiday safely.  Happy Lunar New Year everyone![/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 21 – Susana Porras

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 21 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially released yesterday! Episode 21 features Susana Porras, Pasadena-born poet and writer. Episode Description:

Susana Porras is a poet, writer, and community organizer. In 2010, she was named one of The Magazine’s 50 Women of Influence for her dedication to effecting innovative ways of rebuilding neighborhoods in her hometown of Pasadena, California.

Susana has traveled extensively throughout Europe and Central America, putting down roots in both the South of France and Guatemala. She is fluent in both French and Spanish.

Susana earned her M.A. in sociology and a second B.A. in French at California State University–Los Angeles. Her love of learning has given her an appetite for cultural appreciation and an understanding of social nuances, creating a lifelong traveler and chronicler of adventures both at home and abroad.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]
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Pain and Suffering Damages in Workers’ Compensation Claims

Topics: Personal Injury, Workers' Compensation

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[vc_row][vc_column][vc_column_text]One question the Law Offices of Scott Warmuth is often asked about by injured workers is how to pursue financial recovery for pain and suffering.  For the victims of car accidents and other personal injuries, pursuing compensation for pain and suffering is standard.  However, after a work injury, pain and suffering does not factor in to workers' compensation benefits.  Regardless of how any injury at work happens, injured workers are not allowed to seek pain and suffering compensation in their workers' compensation claim.  That said, there are some situations where an injured worker can pursue a separate, concurrent personal injury claim to seek compensation for pain and suffering. We will reiterate this point:  injured workers cannot pursue workers' compensation benefits for pain and suffering.  California workers' compensation claims are considered 'no fault,' allowing any injured worker to pursue benefits regardless of how the injury occurred, even if the worker caused the injury.  As a tradeoff to that concession, injured workers are not allowed to file a lawsuit claiming damages for pain and suffering against their employers, even if their workers' compensation claim is denied.  To file a lawsuit to seek pain and suffering compensation, someone or something unrelated to the employer must have caused or been a party to the injury.  When a third party is the cause of a workplace injury, that party can be litigated for pain and suffering damages. Third-party liability can happen in a variety of ways.  Probably the most common type of third-party claim is an auto accident where the worker is not at fault for the crash.  Another type of third-party is the manufacturer of a defective product.  If a machinist is using a tool that breaks unexpectedly and is injured as a result, the machinist may have a valid third-party liability claim against the manufacturer of the tool.  Other personal injuries that occur while on the job, including dog bites and slip and falls outside of the workplace, could also be considered for third-party liability.  These types of cases pursue pain and suffering damages against the person or company responsible for a work injury. Third-party pain and suffering claims can be pursued simultaneously as a workers' compensation claim.  However, it is important to note that workers' compensation insurance companies will seek reimbursement at the conclusion of a third-party claim, called subrogation, because technically the workers' compensation insurance company is not responsible for your injury.  Personal injury litigation typically results in more compensation for injury victims and take longer to conclude, so it is still recommended to pursue a third-party claim if possible.  The workers' compensation benefits will be reimbursed from your personal injury settlement and requires no out-of-pocket expenses. The Law Offices of Scott Warmuth examines every workers' compensation claim closely for third-party liability to pursue pain and suffering compensation on behalf of our clients.  Should third-party liability exist in a claim, our team can open a simultaneous personal injury case while still pursuing workers' compensation benefits.  For a free work injury case evaluation, call our offices today at 888-517-9888.  We can help you recover from your injuries.[/vc_column_text][/vc_column][/vc_row]
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President Biden Signs Three Immigration-related Executive Orders

Topics: Immigration

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[vc_row][vc_column][vc_column_text]On Tuesday, President Biden signed three executive orders related to immigration targeting reversal of certain policies enacted by the previous administration.  The executive actions may not have an immediate impact on existing immigration policies, but instead creates the ability to study how to properly undo actions many considered anti-immigrant.  One of the executive orders addresses the forced family separation policy and how to reunite those families, another will examine the asylum process and the so-called "Remain in Mexico" policy, and the remaining order removes a possible penalty for some family sponsors and will examine other legal immigration policies, including the public charge rule. The White House released a face sheet regarding the immigration executive actions.  They can be seen here. Undoing some of the immigration policies of the previous administration will take time and careful consideration, something acknowledged by the executive actions.  The order addressing the Trump administration policy of separating families establishes a task force to reunite hundreds of impacted families.  The task force will examine many ways to reunite those families and make recommendations to the appropriate federal agencies.  The order examining the southern border and the Migrant Protection Protocols program will also not immediately undo the actions of the previous administration as doing so could create additional chaos.  The order addressing legal immigration is similar, with the goal of reviewing the public charge rule and naturalization process to make sure "the legal immigration system operates fairly and efficiently." While these actions will not have an immediate effect on immigration, they do show how the Biden administration will approach immigration.  In addition to the executive orders, President Biden announced yesterday that the number of refugees admitted to the United States will increase from 15,000 to 125,000, a number above the caps of the final year of the Obama administration.  Overall, it is expected that the Biden administration will favor policies much more beneficial to immigrants to the United States. The Law Offices of Scott Warmuth has been helping immigrants live and work freely in the United States since 1984.  Our immigration lawyers can help you meet your immigration goals, from temporary visa to green card to citizenship.  Call us today at 888-517-9888 to speak with an immigration expert.  All initial consultations are 100% free.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 20 – Tim Fall

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 20 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially came out yesterday! Episode 20 features Tim Fall, Superior Court Judge. Episode Description:

Tim Fall is a Superior Court judge in Northern California. He also teaches judicial ethics to experienced judges throughout the state. In 2008 Tim faced a contested reelection for his seat which brought forth a battle against mental illness while he was on the campaign trail. Through support from family, friends, and medical professionals Tim found success in both the election and his struggle with mental illness.

In 2019 Tim wrote a book about his experience in 2008 to help break down the stigma of mental illness and the way it affects a persons life. Through reading about his journey he hopes that it can bring an understanding and empathy for the self and others.  Book available through Amazon and Audible: Running for Judge: Campaigning on the Trail of Despair, Deliverance,  and Overwhelming Success

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]