A recent court filing reveals a significant legal battle involving a workers' compensation claim following a vehicular accident. Helmsman Management Services, Inc., acting as the claim service provider for Safety National Casualty Corporation, filed a complaint on July 8, 2024, in the Ventura Superior Court against Frank B. Esser.
The case revolves around an incident that occurred on July 8, 2022, at the intersection of W. Callens Road and E. Main Street in Ventura, California. According to the complaint, Charles Munoz, an employee of Smart Care Equipment Solutions, was performing his regular duties when he was involved in an accident with a vehicle driven and owned by Frank B. Esser. The plaintiff alleges that Esser negligently operated his vehicle, causing it to collide with the rear end of Munoz's vehicle.
As a result of this collision, Munoz sustained multiple injuries to his neck, back, right shoulder, and right thumb. These injuries necessitated medical treatment and resulted in Munoz receiving workers' compensation benefits from Helmsman Management Services on behalf of Safety National Casualty Corporation. The plaintiff asserts that due to Esser's negligence, they have been obligated to pay these benefits and will likely continue to incur further costs for ongoing medical care and disability benefits.
The lawsuit seeks reimbursement for all workers' compensation benefits paid to date amounting to $25,546.90—comprising $8,040.85 for medical expenses and $17,506.05 for indemnity payments. Additionally, Helmsman Management Services is seeking future disability payments and medical care costs according to proof presented during the trial. They are also asking for interest at the maximum legal rate permitted by law from the date of each installment or payment made.
In their filing, Helmsman Management Services emphasizes their right under Labor Code §3852 et seq., which allows them to recover damages from third parties responsible for injuries sustained by employees covered under workers' compensation insurance.
The case has been assigned Case No.: 2024CUPP026724 in the Ventura Superior Court with Stockwell, Harris, Woolverton & Fox representing Helmsman Management Services.