#7. RETURN TO WORK – If you can, return to work following your injury. In the majority of cases, a Worker’s Compensation settlement will not make up for the permanent loss of a job. This does not mean that a Workers’ Compensation case is not worth pursuing. Likewise, returning to work does not mean that you can’t pursue a Workers’ Compensation claim – many times injured workers return to work, yet still obtain a settlement that pays them Workers’ Compensation benefits, even when they have returned to work.

Don’t make the mistake of believing you cannot or should not return to work to enhance your Workers’ Compensation matter. This may only lead to bigger problems and could ultimately lead to the unemployment line.

This year’s Destination STYLE Fashion Show will take place on Thursday, May 2nd at 6:00 p.m. The show will be held outdoors on Main Street (in Riverside, CA) between 5th St. and 6th St. It will feature local models wearing unique spring and summer trends. The looks have been put together by talented downtown Riverside designers, shops, and stylists. Again, the event is completely free.

While the fashion show is only slated to last an hour (6:00 p.m. to 7:00 p.m.), it will be followed by photo opportunities, meet and greets, and after party events. The whole event is a great opportunity to connect with community members, both citizens and merchants, and to see all that downtown Riverside has to offer in terms of fashion and style.

Downtown Riverside has a rich variety of local businesses, and the Destination STYLE Fashion Show is just one event of many meant to support them and raise local awareness.

For more information on the event as well as photos from the last fashion show, please check out the Destination STYLE Facebook page.

Riverside County and San Bernardino County Superior Courts are traditionally under-manned and overworked. Our local counties generally handle more cases per judicial officer than other so-called more lucrative counties. Rough estimates are that Riverside County and San Bernardino County will receive a gain in funding of approximately $1.9 million and $2.6 million respectively. Our local courts are two of the harder working courts in the state and will now be awarded appropriately.

Although this increase in funding will likely not occur until July 1, 2013, it should prove to be a blessing for our local courts, providing funding to return much needed services to litigants. Obviously nothing is certain, especially in issues involving funding and the law. Expect challenges, both political and legislative, to California’s new funding approval.

Whether courts receive increased funding or not, attorneys at Heiting & Irwin are always available to assist with any legal issues and concerns. We are prepared to handle all cases using all available means, whether through the courts, by way of Arbitration or Mediation. Contact us at your convenience regarding your legal issues.

That’s right, every other month (always on a Saturday morning) you can get out, get fit, explore Riverside, and meet the mayor—all before most people have even gotten out of bed. Even better? It’s free. 

The next Bike with the Mayor event is Saturday, May 4th at 9:00 a.m. The Riverside Bicycle Advisory Committee will lead participants on an adventure through Riverside. The ride is expected to last between 1 and 2 hours.

If you aren’t in the best shape, don’t worry; the ride is not intended to be a high intensity race, and there will be several stops along the way to get to know one another and see some places of interest in beautiful Riverside.

For additional details, including the May meet up location and who to contact with questions, please visit the Riverside city community calendar.

By Sara B. Morgan, Esq.

Family Code, Section 6345 permits a court to renew a restraining order upon request of a party without a showing of any further abuse since the issuance of the restraining order. Instead, the decision to renew such a restraining order lies in the discretion of the court.

In the matter of Lister v. Bowen, 2013 DJDAR 4678, however, the restraining order renewal request of the protected party was contested by the respondent. That Court held that, in order for the restraining order to be renewed, the court must find that the probability of future abuse was sufficient such that a reasonable woman in the same circumstances would have a ‘reasonable apprehension’ that such abuse will occur unless the court issues a protective order. The protected party’s subjective fear alone would not be sufficient in such a contested matter.

Fortunately for Ms. Lister, Mr. Bowen had violated the existing restraining order, and within days she had promptly filed her request for renewal. Mr. Bowen’s violation of the existing restraining order was evidence which permitted the trial court to conclude that there was a sufficient risk of future abuse, and thus the restraining order was renewed.

With both domestic violence and civil harassment restraining orders, time is of the essence in either seeking or defending such actions. With every day that passes, your chances of being successful in a restraining order matter dwindles. It is important to consult with an experienced attorney who can advise you of your rights, and fully evaluate your potential claims. Here at the law firm of Heiting & Irwin, we have over 100 years combined experience, and because we offer FREE CONSULTATIONS, there is no excuse to put off calling today. We may be reached at (951) 682-6400.

But did you know to avoid cars that have been flooded?

In the past several months, cars flooded during Hurricane Sandy have entered the market by way of unscrupulous sellers, according to a recent article in the New York Times.  Cars that have been flooded are similar to cars that have been in serious accidents in that they can be very unsafe: driving one could increase your risk of accidents and injury.  Don’t buy one without a very thorough inspection by a qualified professional.

“People masquerade those things as perfectly good vehicles without any hint that they had been flooded or exposed to water. There is a market for these vehicles, even though we might never want to see them on the road again,” said the National Insurance Crime Bureau’s Frank Scafidi.

The National Insurance Crime Bureau is a non-profit organization dedicated to investigating insurance fraud. According to the Bureau, the hurricane damaged more than 230,000 vehicles. These cars are snatched up by specialized firms that work on behalf of insurance companies to tow, fix, and resell them. Many of the cars are salvaged for working parts.

However, others end up in the hands of unsuspecting buyers. Auctions often downplay the damage to the car, and sellers may engage in a process called “title-washing,” in which the car is re-registered in a state that does not require it to be marked as flooded. Unfortunately, federal legislation that would require these totaled cars to be marked permanently has not made it out of Congress.

When buying a car, make sure to check a history report of the vehicle for all the states in which it has been registered. In addition, you should inspect the car itself, checking for the smell of mold, the presence of moisture in the upholstery and rust on the outside, and signs of faulty wiring. If possible, get an expert opinion from a mechanic.  Safety should be your first priority.

These recalls affected numerous companies, from the small to the household names. Among the well-known companies who recalled products in 2012 were Toyota, Honda, General Motors, Ford, Chrysler, Subaru, BMW, Kia, and Kawasaki. Companies recalled thousands, if not millions, of products.

The NHTSA works to identify possible defects in products, using information from consumer complaints, early warning data, technical service bulletins, trade publications, and even popular magazines. According to the NHTSA’s announcement, the organization’s efforts “have resulted in over 430 recalls involving 22 million vehicles and products.” Consumer complaints, in particular, are a source that prompts many investigations. The NHTSA received 41,912 complaints in 2012 regarding possible safety issues in products.

The NHTSA is an important agency working to protect the safety of everyone on the road. Unfortunately, despite the agency’s best efforts, thousands of Americans are injured each year by defective products.  For example, many people, unaware that their vehicle is defective, continue to drive and are injured in a resulting accident.

To better protect yourself and your family, stay updated on the latest safety recalls and investigation information. You can find information on safety recalls on the NHTSA website (above), and you can search for safety information on your own car on http://www.safercar.gov/.

In previous blog entries, I’ve discussed MICRA and the caps it places on recovery for medical malpractice cases.  In short, two of the restrictions are (1) a malpractice case must be brought within a shorter time limit than regular negligence cases, usually within one year, and (2) pain and suffering awards are capped at $250,000.00.

A recent case, decided by the Second District Court of Appeal in California, Flores v. Presbyterian Intercommunity Hospital, 2013 Cal. App. LEXIS 139, delineated when, in certain circumstances, MICRA applies.
In Flores, the patient sued the hospital for general negligence and premises liability, alleging that she was injured when a bed rail collapsed, causing her to fall to the floor. The Superior Court of Los Angeles County, California, dismissed the action, holding that it was time-barred under the one-year statute of limitations for professional negligence of a health care provider, Code Civ. Proc., § 340.5.

The patient, arguing that this was not a case governed by MICRA, appealed the decision.

The court of appeal concluded that the patient’s action sounded in ordinary negligence; therefore it was governed by the two-year statute applicable to personal injury actions in Code Civ. Proc., § 335.1, and was timely filed.

The Court of Appeals found that the complaint sounded in ordinary negligence because the negligence did not occur in the rendering of professional services.

The alleged negligence was the hospital’s failure to use reasonable care in maintaining its premises and failing to make a reasonable inspection of the equipment and premises and failing to take reasonable precautions to discover and make safe a dangerous condition on the premises.

The Court concluded that a negligently maintained, unsafe condition of a hospital’s premises that causes injury to a patient does not fall under MICRA or within professional negligence under Code Civil Procedure, § 340.5.

It is good to see that the reach of MICRA is not being extended to situations such as the one present in Flores.

If you think you may have a potential medical malpractice claim, or something that falls outside of MICRA, call Heiting & Irwin.  We are an experience personal injury firm, specializing in this field since 1976.

The Riverside International Film Festival (RIFF) is in its 11^th year of dazzling residents and visitors of the City of Arts and Innovation with cinematic magic. Approximately 80 independent films, including feature, documentary, short, and animated movies, will be shown during the five-day festival. The creators of the films span the globe, from Hollywood to Mexico, Brazil, France, Romania, Turkey, and India. Film buffs will truly enjoy this festival that showcases a number of genres from a variety of countries and cultures.

Attendees of the festival will support RIFF’s film workshops, intern programs, and other events for high school and college students.

RIFF is scheduled to be held April 17-21 at Regal Cinemas Riverside Stadium 16 (3535 Riverside Plaza Drive). Ticket information will be available later this month. To find out more about this festival, visit the RIFF website. For more events around Riverside, browse the city’s community calendar.

• BBQ cook-off
• Custom car show
• Custom motorcycle show
• Custom bicycle show
• Live DJs and bands
• Motorcycle poker run
• Art show
• Pancake breakfast
• Open mic talent contest
• Food trucks

The festival is family-friendly, making it a wonderful opportunity for adults and kids alike to share a day of fun. The Inland Empire Spring Festival and Barbeque Kick-Off is scheduled to take place from 8 a.m. to 10 p.m. on April 13 at the Adams Motorsports Park in Riverside. Admission for adults 18 and older is $5. Those 17 and under are admitted free when accompanied by an adult.

The festival is presented by Olive Branch Counseling Centers, a non-profit committed to helping families dealing with drug abuse and domestic violence. Proceeds from the event will benefit Olive Branch Counseling Centers.

Find out more about this event by visiting the city of Riverside community calendar or the event website.