LOWER & KESNER,LLP

The only good defense file is a closed file.  We work hard to expose the cases that need aggressive litigation in pursuit of a “Take Nothing” decision from the WCAB, while exposing those cases that are best served with an early exit strategy for Compromise & Release or Stipulated Awards.  We uncover each relevant issue immediately upon getting each file referral and we focus our efforts to reduce the overall costs of the file to our clients.  When the med-legal physicians on the case are ignorant of the laws of causation, apportionment, impairment under the AMA Guidelines, or work restrictions, we focus on additional discovery in the form of cross-examinations and/or review of further evidence to arrive at the desired result.

We are practical about our industry and the reality that our clients desire less claims and less need for defense counsel.  We have created an extremely diverse client base with that mentality in mind.  Our success is predicated on bringing those results to our clients and, in turn, gaining trust on future files.  We do not believe in keeping files open and litigating them for years.  We believe in closures and victories.   We do not compromise our client’s integrity and rights afforded under California law in order to achieve closures.  We litigate in the early life of the file to maximize the leverage that Defense has in resolving all issues before the WCAB regarding a given claim.  By accumulating as many stones in our arsenal as possible, we litigate with an ethical posture to settlement and/or Trial with expediency.  We pride ourselves on the fact that, in less than a year since opening, we have closed 45% of all of our total litigation files, even against rising inventory of new files daily.