Take Nothing Verdict on Continuous Trauma Claim

Gilson Daub gets Workers' Comp Trial Win For Baja Fresh

Gilson Daub attorney, Brianne McLaughlin, received a favorable “Take Nothing” verdict for restaurant, Baja Fresh, at trial in Anaheim, California. The Applicant, a restaurant worker, alleged injury to his neck, back, chest and shoulders, as well as psychological injuries, due to a “continuous trauma” from 2009 to 2013. During this period Applicant worked for two restaurants: (1) Wolf Creek, insured by Zurich and (2) Baja Fresh, insured first by AmTrust and later by Employers Compensation Insurance Company.

Zurich settled Wolf Creek's liabilty before trial. AmTrust and Employers Compensation Insurance Company did not settle the Baja Fresh liability, but took the case to trial, and on January 17, 2017 received a defense "Take Nothing" verdict in favor of Baja Fresh, finding the Applicant had not sustained a work-related injury.

Brianne McLaughlin, attorney from Gilson Daub, representing AmTrust and Baja Fresh, said about the trial, “It was a team effort. I enjoyed working with the attorneys for Employers Comp. The support staff and attorneys at Gilson Daub were great. I am just glad we were able to convince the judge that the Applicant did not sustain an industrial injury while working at Baja Fresh."

Brianne McLaughlin is a trial attorney in the Orange County office of Gilson Daub, Inc. Gilson Daub has over 40 workers' compensation defense attorneys in nine offices, that cover every Workers' Compensation Appeals Board in the State of California.