Gray•Duffy, LLP Obtains Outright Dismissal of Worker’s Compensation Claim Filed Against Owner of Shopping Plaza

June 2015

Overview

Michael Eisenbaum of Gray•Duffy’s Encino, California office secured an order of dismissal of a worker’s compensation claim filed by our client’s landscaper, who claimed he was an employee and had suffered a 30-year long set of cumulative injuries and two date specific injuries.

Discussion

Rodolfo Castillo v. Tampa Towne The claimant was a gardener/landscape contractor at the client’s shopping center, Tampa Towne, for more than 30 years. He claimed he was injured as a result of the cumulative effects of working at Tampa Towne, including back and neck injuries, legs, arms, stress, insomnia, ulcer, and various other alleged conditions. He also claimed he cut his foot one time and his finger another time while working at the property. Mr. Castillo asserted he was an employee of Tampa Towne since he had no other customers and worked there full time, and that he qualified for worker’s comp benefits. After the claimant testified at deposition that he was a full-time employee, Gray•Duffy investigated and determined that he only worked at Tampa Towne about two hours per week. We also discovered through surveillance that he had numerous other locations/clients where he performed landscape services. Thus, we proved that the claimant committed perjury at his deposition. Upon confronting claimant’s counsel with the evidence, which they attempted to refute at first, we demanded that they dismiss the case or face the consequences. Gray•Duffy insisted that the claimant and his counsel meet at the Worker’s Comp court to execute dismissal, which was immediately presented to the judge who ordered the case dismissed that same day.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.