Premier Plea Agreement (California) (California)

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Premier Plea Agreement (California) (California)

Postby rjhertzog on Fri Sep 25, 2009 1:43 pm

Per WCC, Premier Medical has agreed to a plea agreement where they will dismiss all liens involved in the Yero consolidation so that the owners/operators can avoid jail time. While I would hope that Premier would walk away from their other liens, that may not be the case.

Short of filing their own stay with the WCAB, what would be the best way for a defendant to address a 'remaining lien' with Premier Medical in light of recent developments?
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Re: Premier Plea Agreement (California) (California)

Postby jonbrissman on Fri Sep 25, 2009 2:26 pm

It seems to me that the initial questions to be answered are whether there is anything fraudulent suspected with the lien for which your client is liable, or whether you believe that the name association is sufficient to relieve defendant of an obligation to pay.

You asked what a defendant could do, "Short of filing their own stay with the WCAB." Little. How would a WCJ have authority to dismiss or disallow a Premier Medical Management lien that was not part of the stay, consolidation, and dismissal?

Judge Kahn is unlikely to grant a stay or consolidate other Premier Medical Management liens unless you can make a prima facie showing that something was fraudulent. If you have anything other than suspicions, share that information with prosecutor Albert MacKensie and bring a consolidation motion before Judge Kahn.

I am no apologist for crooks, whether they go to prison or not. Yet I do not see this decision as a lottery win for defendants confronting liens not involved in the action.

If you are not going to blow the whistle, negotiate a settlement.

JCB

P.S. I have never represented Premier Medical Management nor any of its affiliates.
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