The Suit Magazine

For attorney Robert Sherwin, work is often an uphill battle.  He’s a partner at Lewis, Marenstein, Wicke, Sherwin & Lee, and he and his colleagues are staunch advocates for workers’ rights in Southern California. “Here, as in a lot of other states, there has been a tremendous push by the conservative right to reform work comp,” he said. “It’s often looked upon as a situation where 'so-called injured workers are milking the system.’ That's a very easy accusation to make.”

Sherwin's specialty is defending workers’ compensation claims, particularly for firefighters and police officers, and he’s concerned about recent setbacks. “Governor Schwarzenegger pushed this huge piece of legislation, and he made the legislators pass it on the threat that if they didn't, he would put it to a public vote,” he said. “So legislators passed what we refer to as the Work Comp Reform Act. They didn't even read it. And it was disastrous for injured workers. We've been living with if for seven years, trying to restore some of the rights and benefits that were taken away from injured workers.”

Their hard work is paying off. In two recent cases at the Court of Appeals level, Sherwin served as a friend of the court on behalf of the California State Firefighters Association and helped them secure two major victories. “The cases dealt with some significant issues that were extremely beneficial to firefighters who get injured on the job,” Sherwin explained.

And at the trial level, one of Sherwin’s most gratifying cases was on behalf of a client against the city of Vernon. “I represented a firefighter trainee who injured his back shortly after being hired as a city firefighter,” Sherwin said. “When he came back to work, they fired him on the alleged grounds that he was not competent as a firefighter.” Sherwin filed a discrimination claim and, during the course of a heavily litigated trial, exposed a pattern of lies at upper levels of management. Sherwin’s client won back his position. “It was a nice victory—very rewarding—and probably one of the more significant cases I’ve done over the last ten years.”

In addition to workers’ compensation, the firm also has a record of success in both personal injury and disability pension cases. This is despite statewide budgetary difficulties that have negatively impacted the legal system. Sherwin notes that California has reduced judicial appointments and laid off court staffers, which slows down the legal process. “Consequently, our clients can't get a hearing on their cases in the time that they should,” he said. “Judges are working long hours, without enough support. That's unfortunately a result of our economy.”

Budgetary and legislative challenges don’t make life easy for the team at Lewis, Marenstein, Wicke, Sherwin & Lee, but they know their work is essential to a growing body of grateful clients in southern California. As Sherwin notes, everyone deserves a fair trial and some measure of protection against accidental injury. Tough times or not, justice is non-negotiable.

For more information, please visit: http:  www.lmwslaw.com

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