Complaint Review: Gordon Edelstein Krepack Grant Felton & Goldstein LLP

COMPLAINT

     An Applicant represented by Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP (GekLaw) had her case dismissed in April of 2016 due to the firm’s extreme negligence. The specific attorney assigned to applicant’s case was Sherry Grant Bar #61329, who later handed the case off to attorney Jill Singer Bar #231114. Applicant filed a Petition for Reconsideration with the California Workers Compensation Appeals Board (WCAB) citing the ongoing mismanagement by the firm that caused the dismissal. The defense firm Mantle, Zimmer, & Eulo, LLC, representing Chubb Group of Insurance Companies, authored a letter to the Judge citing their experience of the same misconduct by applicant’s attorneys. The letter authored by defense also included facts, with supported evidence, of attorney Jill Singer’s gross and reprehensible violation of making false statements to the court in a written sworn statement. The Judge found that misconduct by the firm did rise to a level that warranted the court, on its own motion, to order applicant’s attorney Jill Singer to a Sanctions Hearing.

APPLICANTS DISABIITY RESULTING FROM WORK INJURY Function of Multiple Body Systems

Applicant has been TTD from DOI 9/30/2009. Total and Permanent Disability Findings of “Multiple Injuries Including Physical and Psychological Function of Multiple Body Systems” by direct toxic chemical exposure through inhalation, absorption, and ingestion of Latex Fortified Portland Cement containing hazardous, toxic, carcinogenic ingredients, including Limestone, Crystalline Silica and Calcium Sulfate and undiluted Toluene & Acetone used to dissolve old glue in preparing substrate for new flooring, and other. WC “admitted body parts” limited to “Head and Eyes”. That alone has deteriorated since DOI to present time with no medical care approved by the insurer.  This claimant was a high wage earner and never received benefits due to her.

Each of the following has been diagnosed by numerous physicians, including hired gun QME’s, based on objective medical based evidence. Intra Oral chemical exposure caused Chronic oral candidiasis; Chronic angular chelitis; exacerbated pain caused when opening the mouth for eating, speaking, swallowing, smiling, teeth movement; Bleeding gums; TMJ; Chronic jaw pain; Bruxism; Chronic migraine; Lack of saliva; Oral bacteria affecting multiple body systems; Xerostomia; Malabsorption; Malnutrition; Shortness of breath; Non-allergic rhinitis chronic nosebleeds; Major depressive disorder; Post traumatic stress disorder, psychosocial disorder due to disfigurement.

In brief, Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP failed to provide competent representation or act with diligence and promptness which ultimately led to a dismissal of this case. Conduct involving dishonesty, misrepresentation, and misconduct dates back to hiring the firm on July 26, 2012. In 2013 after over a year of no communication, failure to respond to legal concerns, and failure to keep applicant informed of case status, attorney Sherry Grant passed the case on to attorney Jill Singer. Regardless, the misconduct did not cease from the date attorney Jill Singer took on the case to the date the case was dismissed.

Applicant has suffered great harm, subsequent injury, and financial loss through the life of this case. The objective evidence that supports the continued reckless actions and inaction is voluminous. A few examples:

1- Applicant retained GekLaw attorney Sherry Grant July 26, 2012. The previous firm, under the umbrella of Larry H. Parker, retained in 2009 was fired with a “No, Past, and Future Fees” agreement due to extreme negligence. Now over 4 years later the “chain of events” from the first firm along with the “chain of events” from GekLaw, side by side are similarly egregious with GekLaw being the worse.

2- Aug 7 2012 Applicant had endured 82 appointments with 13 specialists resulting in 10 med-legal reports prior to retaining GekLaw. Attorney Sherry Grant sent Applicant to the original MPN PTP for an updated exam and Final Apportionment Report with no cover letter or properly developed medical record. This PTP had seen applicant over 10 times and noted significant deterioration since last examination. The doctor sent a letter to all interested parties with findings that applicant continues to be TTD and included that counsel needed to use proper procedures for a Med-Legal Report. Attorney Sherry Grant informed applicant that she was qualified for the high wage earner benefits in the amount of $1997.00 per week, not $240.00 per week applicant had been receiving however she never requested the Med-Legal Report.

3- 1 YEAR and 7 MONTHS LATER April 8 2013 still no change of benefits and Attorney Sherry Grant’s response to applicant’s numerous attempts t0 communicate, was to transfer the case to attorney Jill Singer. 

4-  4 MONTHS LATER Jan 29 2014 attorney Jill Singer had her first communication with applicant. Numerous empty promises were made.  

5- OVER 1 YEAR LATER  Feb 3 2015 a Mandatory Status Conference was scheduled. The evening before the hearing attorney Jill Singer told applicant not to appear inferring it was off calendar. The attorney did in fact appear telephonically, agreed to take the matter off calendar and start settlement discussion. Applicant was not aware of either of these actions until receiving her case file in July of 2016.

6- 1 year later  Attorney Jill Singer failed to respond to each of the following Notices:

     Feb 3 2016-    30 Day Notice intent to file dismissal of case for lack of prosecution

     Mar 17 2016- Notice of Intention To Dismiss Case

     April 27 2016- Order Dismissing Case

     May 6, 2016- Attorney Jill Singer had no intention of filing a Petition for Reconsideration. A two sentence letter was sent to applicant “Please find a copy of the Order Dismissing case for your record.  We will close our file”

     May 12, 2016- This was the last day a Petition for Reconsideration could be filed. Applicant received step by step help by an Assistance Officer and filed the petition. On the same day the petition for reconsideration was filed the Judge signed an Order Rescinding Order Dismissing case. Additionally On this same day advocates sent a mass email to the entire firm about the egregious acts that caused dismissal of the case and the firm’s failure to intervene. By that afternoon GekLaw had attorney Jill Singer file a Petition of Reconsideration although she already stated “we will close our file”.

     May 31 2016- Defense filed a Notice of Defendant’s Response To Petition For Reconsideration Post Order Rescinding Dismissal in response to inaccurate and false allegations in the Petition filed by counsel. The petition filed by applicant included numerous documents that support attorney Jill Singers petition contained false statements and serious allegations.

     June 1 2016- The Judge responded and on his own motion ordered attorney Jill Singer appear at his court to “address statements, misrepresentations and/or conduct that has occurred that may give rise to sanctions pursuant to Labor Code Sec. 5813” found in her petition.

To date it is unknown if attorney Jill Singer faced disciplinary measures for violating multiple established Rules of Professional Conduct. Applicant is now Pro-Per and left to navigate the workers compensation system and the defense attorney on her own. Attempts to retain a new attorney have been futile due to the GekLaw firm’s refusal to sign a waiver of “No past, Present, or Future Fees”. GekLaw’s non-performing attorney’s ability to have a lien on this case hinders competent replacement as fees are shared between the old and new firm without the waiver.

 As concerned citizens it is our hope this complaint will assist applicant in gaining the losses caused by GekLaw. Applicant prefers remedy to be performed in a non-adversarial manner however this complaint is not the first attempt. The violations of Judicial Ethics and Rules of Professional Conduct rise to a level that warrants more than a waiver of “No Present, Past, or Future Fees”. One of the many motto’s found on the GekLaw website “Justice Is Our Business” is also the same motto of advocates and activists willing to assist in seeking justice for this case.

 More to come as we just learned of new developments of claimants current position and condition while representing herself. Call to Action to the Press needed at this point!

mark@geklaw.com  skleifield@geklaw.com  medelstein@geklaw.com  larry@geklaw.com  lgoldstein@geklaw.com  msponberg@geklaw.com  richard@geklaw.com  roger@geklaw.com  rfelton@geklaw.com  sgrant@geklaw.com  sherry@geklaw.commaria@geklaw.com

Concerned Citizens Of and For Social Justice

     via Freedom of The Press

   “Trust is a defining element of the legal profession, and without it, the practice of law could not exist”

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