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A Greenhorn Faces Unforseen Consequences
A “war story” from the trenches of workers’
compensation practice
By Robert Owens, Esq.
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After Cal and law school, I started
practice in Oxnard with my father in 1979. At first, I did all the
workers' compensation cases. One of my first clients was Alonzo Ayala,
who had hurt himself lifting in a fence post. For two decades Alonzo
held the lofty position of ranch manager in Santa Paula and was provided
ranch housing. I say "lofty" because Alonzo was something
like a fifth generation Californian and also had Indian ancestors.
Ranch housing was a serious privilege for Alonzo in the '70's.
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For two decades Alonzo held the
lofty position of ranch manager in Santa Paula and was provided ranch
housing.
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The workers' compensation insurance
company for the ranch owner hired a prominent local partnership in
Ventura, Peters and Juhl. Roger Peters was very amiable and experienced
in the hallways of the local regional office. Peters convinced the
judge that Alonzo was not an employee of the ranch owner. As a new
lawyer still wet behind the ears, I did not even see the defense
coming. The judge found Alonzo was the employee of another worker
on the ranch. But this other worker did not have workers' compensation
insurance.
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| As a new lawyer still wet behind
the ears, I did not even see the defense coming. |
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However, I had recourse. California
has the Uninsured Employers Fund, created by the Legislature in 1971
[renamed “Uninsured Employers Benefits Trust Fund” 1/1/2004].
So starting over again and after another year or so, Alonzo and I
finally perfected a judgment against the fund. Alonzo netted something
like $18,000, a lot of money in those days.
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| Alonzo netted something like
$18,000, a lot of money in those days. |
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A couple years later, I learned the
end result of all this effort, other then my learning a legal lesson
at the hands of Mr. Peters. After receiving his money, Alonzo went
to a fortune teller in Santa Paula. The seer predicted a misfortune
would befall him unless he gave her the money. Eager to avoid more
trouble in his life, and steeped in beliefs that seers had occult
powers, Alonzo gave her all his money.
I got used to the small fees that comp cases provided, but I’ve
never got used to the surprises our clients provide us.
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| After receiving his money, Alonzo
went to a fortune teller |
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Robert Alexis Owens has been practicing law since 1979. For
the past 20 years he has devoted his practice to representing applicants
in workers’ compensation cases
Owens & Stevenson, LLP
220 S. "A" Street, Suite 1
Oxnard, CA 93030
Tel.: (805) 483-1090
Fax: (805) 483-5446
Email: admirablebobaal@gmail.com
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