Keith P. More

More, a name partner at personal injury boutique Bentley & More, saw the coronavirus coming and advised in a March 19 Daily Journal column that it would cause serious problems for employees covered by the workers' compensation system.

Then he saw his warning come true. On April 2 a woman called to report her husband was on a ventilator at a hospital with Covid-19 and that he had been sickened at a business convention in San Bernardino. "She knew this because the CEO had sent a memo to everyone there telling that three people present had tested positive," More said. The man got off the ventilator after 30 days but died at the hospital before he could get home.

More filed for workers' compensation and enclosed the memo to demonstrate that the decedent had died of a work-related illness. The business' insurance carrier denied the claim, asserting the injury occurred outside the scope of the man's employment. "We wanted the benefits while he was alive. Maybe we could have gotten him better care," More said. "I'm fine with litigating it. They have no defense." In re: Charles J. Sample, 1892233185 (WCAB, app. Filed April 6, 2020).

"It's a big deal. Ours is probably one of the earliest cases, but everybody is going to be facing this," More said. "This is the tip of the iceberg."

As part of his efforts, More said he lobbied Gov. Gavin Newsom. On May 6 Newsom issued an executive order creating a rebuttable presumption that those who test positive after performing a labor or service at a place of work may be eligible to receive workers' compensation. The order did not cover More's client Sample, however, because he was sickened before it took effect. "Workers' comp is the red-headed stepchild of the legal system," More said. "It gets less respect and less benefits. It's disgusting." He added that Sample's widow will likely be limited to a maximum $250,000 payout plus possible penalties and sanctions that he called minuscule if he can show insurance bad faith.

In other cases, More last fall settled for $6.75 million the case of a man who suffered traumatic injury and a seizure disorder after falling from a ladder at work. "The real tragedy in this case, as with so many others, is that the work-related injury could have been avoided with better safety precautions," More said. In re: Ruben Rodriguez, 9791215 (WCAB, settlement approved Aug. 22, 2019).

Despite the virus crisis, More said his firm has been back at its offices since shortly after Memorial Day. "I'm not saying it's not dangerous, but we're taking extra precautions," he added. "If you get up from your desk, put on your mask."

-- John Roemer