Goforth & Lucas Law Partnership

Paraplegic sues skilled nursing facility after poisoning incident

2025-09-03T06:54:55Z

CONTRA COSTA COUNTY, CA-- A 56-year-old paraplegic, filed suit against a skilled nursing facility, Diablo Valley Post Acute, in Concord, CA, which gave him a cup of toxic wound care fluid, rather than water, to drink with his daily medications. Court filings state that the incident happened on the first morning of what was to be Mr. Sharp’s 6-week post-surgical recuperation at the facility. But his stay was cut short when the staff gave him a cup of Dakin’s solution (a caustic antiseptic intended for external wound care) with his morning medication. Sharp washed down a handful of pills with about 6 ounces of the clear fluid and immediately became ill. He experienced burning in his mouth and throat which he immediately reported to the staff. As the burning spread to his stomach, Sharp told his attendants that he had been poisoned, and asked them to call an ambulance. The lawsuit states that for three hours the staff ignored the bed ridden Sharp’s repeated pleas for emergency medical care as he endured burning in his mouth, esophagus, and stomach. The lawsuit, filed in Contra Costa County Superior Court by the Law Offices of Goforth & Lucas, on behalf of Stephen Sharp, alleges negligent hiring, negligent supervision, and reckless neglect of a dependent adult, against Concord SNF Healthcare, LLC, dba Diablo Valley Post Acute, and its parent company Providence Group NH, LLC. “No patient in any skilled nursing facility should have to endure drinking a toxic liquid instead of water,” said Michael D. Goforth, attorney for Sharp. “Following their mistake, the employees further endangered my client’s health by denying his requests for an ambulance to get him to a hospital for poison control.” The lawsuit states that during the hours following Sharp’s ingesting the caustic fluid, the staff member who provided it to him told him that she was “sorry”, but did not divulge to him what she had given him. Nor would any of the employees call 911 to summon an ambulance. It wasn’t until they learned that Sharp had asked to borrow his roommate’s cell phone to call 911, that they called EMS techs who evacuated Sharp to Kaiser Permanente Hospital in Walnut Creek, where, according to EMS records, Sharp arrived about four hours after he swallowed the toxic liquid. “The staff’s reckless actions violated a core duty of trust owed to vulnerable people who rely on them for protection,” Goforth added. “Their decision to conceal the truth from Steven, and then deny him urgently needed medical help, was oppressive and morally indefensible.” Sharp is seeking compensatory damages for personal injuries, emotional distress, and punitive damages to hold the defendants accountable and to deter such reckless conduct from happening again.

Parents File Law Suit Over Receiving Wrong Child’s Ashes, And Cemetery Coverup

2025-08-18T05:05:05Z

ALAMEDA COUNTY, CA-- The parents of infant Ayelli Havana Reyes have filed a lawsuit against multiple funeral service providers after discovering that Holy Sepulchre Cemetery & Funeral Center cremated the wrong baby and then gave the ashes to the Reyes family, representing that the ashes were their daughter Ayelli’s. Five days later Holy Sepulchre, discovered the mistake and demanded that the Reyeses return their urn and ashes. According to the lawsuit, Holy Sepulchre then took steps to conceal the errors rather than admit its mistakes.

The lawsuit, filed in Alameda County Superior Court by the Law Offices of Goforth & Lucas, on behalf of Anjelita Reyes and Cesar Reyes, alleges negligent infliction of emotional distress and breach of contract against Holy Sepulchre Cemetery & Funeral Center, its parent company Catholic Cemeteries of the Diocese of Oakland, and Irvington Memorial Cemetery.

“No parent should have to endure the shock and heartbreak of learning that the cemetery that they entrusted with their baby’s remains for cremation gave them someone else’s ashes,” said Michael D. Goforth, attorney for the plaintiffs. “and Holy Sepulchre’s betrayal that followed compounded my clients’ grief in ways that words cannot capture.”

Court filings allege that after giving the Reyes family the wrong ashes, Holy Sepulchre attempted to hide the mix-up by persuading the Reyeses to have their daughter cremated at Holy Sepulchre’s rarely used, in-house crematorium — rather than at Irvington Cemetery’s Crematorium, where Ayelli’s cremation had been contracted to take place. Just a week earlier, Holy Sepulchre had mistakenly delivered Ayelli’s cremation paperwork together with the other baby’s remains to the Irvington facility, which conducted the cremation.

The complaint states that Holy Sepulchre’s concealment caused the Reyeses severe and lasting emotional trauma. Additionally, to this day, the Reyeses face the uncertainty of whether the ashes in their possession are their daughter’s.

“The actions of the defendants violated the most basic ethical duties and trust owed to grieving parents,” Goforth added. “The subterfuge that followed inflicted additional catastrophic emotional harm on my clients — harm that no parent should have to endure.”

The Reyeses are seeking compensatory damages for ongoing emotional distress, as well as punitive damages against Holy Sepulchre to hold them accountable and to deter such misconduct from happening again.

CALIFORNIA UNDOCUMENTED WORKERS ARE LEGALLY ENTITLED TO RECEIVE WORKERS’ COMPENSATION BENEFITS

2025-03-12T17:12:58Z

The Trump administration’s illegal deportation actions have caused undocumented workers to worry about their rights when they get injured on the job. But nothing that Trump has threatened to do to undocumented workers has affected their valuable right to workers’ compensation benefits. California law protects the rights of all workers to receive workers’ comp medical care, temporary disability payments, and permanent disability payments, regardless of immigration status. Moreover, it is illegal for any employer or any government official to retaliate against any worker for receiving workers’ comp benefits when they suffer an on-the-job injury. All California workers have the same rights to workers’ comp benefits under the California Labor Code. Undocumented workers in California, can also apply for State Disability and Family Leave benefits, even if they do not have a Social Security number. And applying and receiving benefits will not affect the injured worker’s path to citizenship. Even if the employee has lied about their immigration status, they may legally receive workers’ comp benefits. The only relevant factors are that the injured worker was an employee, and that he/she was injured on the job. Undocumented workers should not fear that filing for workers’ comp benefits will draw the attention of ICE or immigration officers. California workers’ comp judges and court employees never question the legal status of injured applicants. In the face of the federal government’s illegal deportation activities under Trump, our law firm continues to staunchly protect the rights of all of our clients including those who are undocumented workers. Your workers’ compensation attorney will always keep your information and immigration status strictly confidential. Additionally, the injured worker’s personal information is covered by the attorney-client privilege and cannot be accessed by either state or federal government ICE officials.

IF A WORKER IS INJURED BY THE EMPLOYER’S “SERIOUS & WILLFUL” (S&W) CONDUCT, THE INJURED EMPLOYEE MAY FILE A PETITION FOR 50% INCREASED COMPENSATION.

2024-06-05T11:06:19Z

In a S&W claim, the injured employee has the burden of proving that his/her employer had knowledge that serious injury would probably result if it directed the employee, to engage in a dangerous on-the-job activity. Under Labor Code § 4553.1, the employee may use Cal/OSHA’s findings of regulation violations to prove his/her case against the employer. Cal/OSHA’s findings of the employer’s violations, establish the standard of care for employer. And the violation of a safety order establishes serious & willful liability where the injured worker can prove:

The “specific manner” in which a safety order was violated;
That the violation of the safety order proximately caused the employee’s injury; and
That both the safety order and the conditions making the safety order applicable to the work were known by the employer or the employer’s managing representative.

Upon successfully proving this at a Workers’ Compensation Appeals Board trial, an injured worker can be awarded a judgment increasing his/her total paid workers’ compensation benefits by 50%. This increased sum of money is not covered by the employer’s workers’ comp insurance, but would have to be paid out of employer’s pocket to the injured worker.

WHAT INSURANCE INVESTIGATORS CANNOT DO TO YOU

2024-04-02T04:08:36Z

After you bring your workers' comp case, the odds are very high that the insurance carrier will hire an investigator to try to get video footage or stills of you engaging in some of your daily activities. Investigators have a vital role in ensuring the integrity of the system by investigating claims so as to prevent fraud and abuse. However, there are strict regulations in place to protect you and your right to privacy. Here is what workers' compensation investigators cannot do to you:

HARASSMENT OR INTIMIDATION

Investigators may try to engage you in conversation, but you are not required to speak with them. And investigators are prohibited from engaging in any form of threats, using aggressive language, or behavior intended to intimidate you.

UNLAWFUL SURVEILLANCE

Be aware that insurance carriers commonly employ "sub rosa" investigators to gather video and other evidence of your activities. Facebook, Tik Tok, other social media, and public places are all fair game. If you have a workers' comp claim, you should think twice before posting, or, better yet, simply abstain from posting during the pendency of your claim.

UNAUTHORIZED ACCESS TO YOUR MEDICAL RECORDS

Investigators cannot obtain or review your medical records without your written consent or a valid court order. Moreover, they cannot interfere with your medical treatment or attempt to speak with your doctors.

DISCRIMINATION OR RETALIATION

This includes taking any adverse actions against you because you brought a workers' compensation claim. It is illegal to retaliate, and you have recourse against both the investigator and the insurance company in the form of monetary penalties which can be ordered by a workers' compensation judge.

UNLAWFUL SEARCHES OR SEIZURES

Investigators must adhere to your Fourth Amendment protections against searches and seizures. They cannot search your property without your consent or a valid warrant. They cannot take or damage any of your personal property

IT IS ALSO ILLEGAL FOR INVESTIGATORS TO:

Trespass onto your private property, Enter your home without your consent, Hack into your email, computer, or phone, Put a tracking device on your car, or Impersonate law enforcement officers. If you find yourself face to face with an investigator it's best to ignore them. If you are in a public place, you should leave if possible. If you feel unsafe you should immediately call the local police. The insurance companies give marching orders to investigators to persist until they get a snippet of footage that they think they can use against you. Typically, they will use the film in court or provide it to your Qualified Medical Examiner with the hope that your workers' comp claim will be denied or reduced in value. If an investigator tries to violate your rights, your attorney should immediately put the insurance carrier's attorney and adjuster on written notice of the abusive behavior. This generally puts an end to the problem.

CROSSOVERS BETWEEN YOUR WORKERS’ COMP CASE AND YOUR WRONGFUL TERMINATION CASE

2023-11-09T06:07:38Z

How your workers’ compensation case is settled will affect your pending or future wrongful termination claims against your employer. It’s important that your workers attorney and wrongful termination attorney work closely together so as to maximize the value of both of your cases. Often the settlement of the workers’ comp claim by Compromise & Release, contains language inserted by the comp insurance company attorney which dismisses all claims including those which you may have against the employer for retaliation, hostile work environment, wrongful termination, and so on. You should NEVER sign away your civil rights in a workers’ comp settlement (unless the employer is willing to pay you substantial additional money in exchange for your signature). Defense attorneys often try to slip in this language, and often applicant attorneys and even judges overlook the fact that you, the applicant, is signing away valuable rights that you shouldn’t be. Remember if you have a good claim against your employer for wrongful termination, or some other civil wrong, read your settlement documents carefully! It’s also a good idea to insert language into your workers’ comp settlement which states something to the effect of: “The parties agree that this Compromise & Release does not settle any civil causes of action that the applicant has, or which the applicant may have in the future, against the employer herein.” Remember it’s routine that employers insert language deep within the workers’ comp settlement documents that can damage or preclude you from succeeding with your separate employment law claims that you may have against your employer. Your employment law claims are often more valuable than your workers’ comp settlement. So you must be vigilant about protecting your rights and not just blindly signing without reading the small print.

FIRED AFTER YOU GOT INJURED ON THE JOB? YOU CAN FILE WORK COMP, WRONGFUL TERMINATION, and DISABILITY DISCRIMINATION CLAIMS at the SAME TIME

2023-01-20T08:12:21Z

It happens all the time. You give your best years to your employer and then you hurt your back lifting on the job. You report your workers’ comp injury. Then you start receiving medical care and temporary disability. The next thing you know your employer fires you for some vague reason like “violation of company policy” or “customer complaint”.

PROTECT YOUR RIGHTS TO COMPENSATION

If there is evidence that the true reason for your termination was because you were on medical leave, or that you requested modified duty due to your work injury, or simply due to your advanced age, then you must preserve your legal rights. At the same time that you file your workers’ comp claim you can also bring a complaint for wrongful termination or disability discrimination. The advantage to filing both claims at the same time is that you may be able to collect compensation based on two completely different legal theories. And if you lose one claim you could still recover on your other claim. Additionally, employers facing multiple claims where there is evidence of their wrongdoing, are likely to make an early cash settlement offer rather than risk a greater loss at trial.

SOCIAL MEDIA POSTING CAN CRUSH YOUR WORKERS’ COMP BENEFITS

2023-01-06T18:54:13Z

It’s a matter of survival. When you are injured and unable to work you need every benefit that you are entitled to—especially your biweekly temporary disability checks. But remember that the insurance company and your employer will be tirelessly looking for ANYTHING that will undermine your claim. Insurance companies pay big dollars to investigators who will comb through Facebook, Tic-Toc, Instagram, and dating web sites, to gather information about you for the specific purpose of denying and defeating your workers’ compensation or personal injury claim.

GIVE IT A REST. DON’T POST IF YOU HAVE AN ACTIVE CLAIM FOR WORKERS COMPENSATION BENEFITS

If you, for example have a back injury and you posted a single innocent pic of your short hike with a friend, your post will be used to discredit your assertion that your injury is as painful and limiting as you (or your doctor) have stated. Even comments posted by friends or family like “…you seem to have recovered from your injury…” will be used against you to defeat your claim. With so much on the line, and the insurance companies constantly working against you, it’s essential that you do not provide any reasons for them to withhold benefits.

DON’T DISCUSS YOUR CASE ANYWHERE ONLINE--EVEN IN PM's

Even if you set your social media accounts to “private”, there are circumstances where the insurance company can subpoena your entire account. You can imagine the treasure trove of “evidence” that your employer and insurance attorneys would have at their fingertips to use against you. Not only must you keep details about your case private, but you must keep your entire life off of social media. Even innocent posts about your daily activities will be used against you in court to show that you are not as injured as you claimed to be. And never post rants against the insurance carrier or your employer. This only provides evidence that will be interpreted that you are the vindictive type who is not deserving of insurance benefits.

SOCIAL MEDIA IS NOT AS PROTECTED AS YOU MIGHT HOPE

There are companies whose sole purpose is to pull information about you off the web. How do you protect yourself? As in criminal cases, “You have the right to remain silent”. Although insurance adjusters and insurance company lawyers are not required to “read you your rights”, it’s good practice on your part to be silent on all social media. It’s always an unwelcomed surprise when an injured worker with a legitimate workers’ comp case is confronted during his or her deposition, or in court with a dossier of photos and other material that the insurance company has compiled in order to defeat their claim. Do not undermine your own case by posting on line. The insurance company will always get its hands on your innocent communications and will try to use them to deny your workers’ comp benefits.

IF I GET HURT IN AN AUTO ACCIDENT DRIVING TO WORK WILL WORKERS’ COMP COVER ME?

2022-12-13T15:05:13Z

A. It depends on the specific facts of your case. In California “Going and Coming Rule” states that if you are, like most commuters, off the clock and you are injured on the way home or on the way to work then workers compensation WILL NOT apply to your case. But there are many exceptions to this rule. The deciding factor is to show that the employer is receiving some benefit from the employee’s use of the vehicle. The most common exceptions are:

Use of a company car. If your employer requires you to drive to and from work using a company car then you will be covered by workers’ comp in the event that you have an accident.

Special errand for employer. For example the boss or a coworker tells you to go pick up lunch, and you have an accident while on the road. workers’ comp will cover you.

Personal vehicle between job sites. If you use your personal vehicle to travel between job sites, or if you drive from your home to different job sites.

Parking lot accidents. Where employer controls the parking lot, workers’ comp coverage would generally apply.

Commercial traveler. Generally all time spent away on a business trip is work related and therefore covered.

In general for the workers’ comp insurance company to accept your claim, you work injury must arise out of your employment (AOE) and also occur in the course of your employment (COE). SPECIAL CONSIDERATION: THIRD PARTY CLAIMS In addition to your work comp claim you will also have a separate claim against the person responsible for the auto accident. In such a case Goforth & Lucas will represent you for both claims.

What if an employee causes my injuries in an auto accident?

Never make assumptions about your case. Each case has its own extenuating circumstances. For example, if you are injured in an auto accident by an employee who is on their way to work never assume that you cannot also bring a claim for damages against the employer of the person who caused the accident. For a free consultation regarding your particular case contact Goforth & Lucas Law Partnership. 925-682-9500.

YOUR WORK COMP CLAIM: DO YOU ALSO HAVE A RETALIATION OR DISCRIMINATION CLAIM AGAINST YOUR EMPLOYER?

2022-10-20T19:14:18Z

This is a common problem. There are employers who don’t like workers’ comp claims. And some employers even try to persuade their employees not to file workers’ comp claims. Other employers have been known to withhold benefits or stir up hostility towards the injured employee. Some even terminate their employees in retaliation for bringing a legitimate work comp claim. This can be a horribly frustrating experience—particularly while you are receiving medical treatment and trying to recover from your work injury. WHAT CAN YOU DO TO FIGHT BACK AGAINST YOUR EMPLOYER’S RETALIATION? California Labor Code 132a expressly prohibits retaliation against any employee who opens a workers’ compensation claim. Under this rule you as employee may file a penalty petition against the employer with the Workers’ Compensation Appeals Board (WCAB). The employer is then potentially liable for money damages and wage loss under this section. If you have been retaliated against GOFORTH & LUCAS will draft the necessary 132a petition and file it with the WCAB on your behalf. WHAT OTHER REMEDIES DO YOU HAVE FOR RETALIATION, WRONGFUL TERMINATION OR EMPLOYER DESCRIMINATION? The right in State Court to sue for disability discrimination, or wrongful termination may also be available to you. Under California’s Fair Employment and Housing Act, y⁠ou, as the employee, may be entitled to obtain money damages for wrongful termination or discriminatory conduct by your employer. If this is the case GOFORTH & LUCAS and Associates will file the necessary claim on your behalf with the Department of Fair Employment and Housing, which is the first step to filing a law suit against your employer for wrongful termination.