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Mr. David H. Parker Esq.Parker, Kern, Nard & Wenzel
- Employment Law, Workers' Compensation
- California, District of Columbia
Claimed Lawyer ProfileQ&A
I am a workers' compensation, employment and employer defense attorney that specializes in assisting employers and their insurance companies navigate the "Bermuda Triangle" of California's complex workers' compensation and employment law statutory system.
- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- Workers' Compensation
Jurisdictions Admitted to Practice
- District of Columbia
- English: Spoken, Written
- Attorney at Law - Shareholder
- Parker, Kern, Nard & Wenzel
- - Current
- I have worked with and built our firm for the overwhelming majority of my legal career.
- California St Univ Fullerton
- Undergraduate Degree
- McGeorge School of Law Univ of the Pacific
- Law Degree
- Washington, D.C.
- - Current
- California State Bar  # 155526
- - Current
- Activities: Fresno County Bar Association Member; Fresno County Client Relations Committee - Chairperson Client Relations Committee; Los Angeles County Bar Association Member
2 Questions Answered
- Q. Petition of Joinder
- A: Typically the insurance companies will "conduct discovery," meaning delays while each attempts to limit if not eliminate its own liabilities by both "defending" against you and the other insurance companies claiming it owes any benefit or contribution to the case. It usually results in delays, though not necessarily starting over. It "continues," but many of the "same issues" will be covered again. You can consider "electing" against one of the insurers in the cumulative trauma period. Read Labor Code section 5500.5 here: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=5500.5 You may wish to consider to "elect" against a single insurance company, then request a hearing by filing a "Declaration of Readiness to Proceed" found here: https://www.dir.ca.gov/dwc/FORMS/EAMS%20Forms/ADJ/DWCCAForm10250_1.pdf The above is not legal advice, just information. You should consult an qualified attorney if not already to determine how to proceed and if the above are good options. You should also contact a/the information and assistance officer in your area, information found here: https://www.dir.ca.gov/dwc/ianda.html
- Q. Is it against the law for a company to not have workers comp insurance until one of their employees gets hurt?
- A: California employers are required by law to have workers' compensation insurance, even if they have only one employee (citing https://www.dir.ca.gov/dwc/employer.htm if you would like to read further).
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