David Bautista, Former Stockwell Lien Rep, Talks About Divorce And Switching Sides. Settlement Negotiations On Petition Still Underway.
By Lonce LaMon - August 13, 2011
On Friday morning, August 12th, at the Van Nuys, California, Workers’ Compensation Appeals Board, David Bautista, a former hearing representative and defense lien specialist with the law firm of Stockwell, Harris, Woolverton & Muehl, met with his legal advocates Steve Appell and York McGavin for a conference with Judge Mark Kahn over the Petition that was filed against him last May by Stockwell’s firm demanding that he be recused from all cases where he would be acting adverse to his former clients.
David Bautista has recently changed sides, and is now mostly representing medical providers.
“My only regret is that I didn’t do this 10 years ago,” David told this writer near the doorway just outside the WCAB office.
It appears now there are more than four or five companies in the Petitioner group. On July 28th, I wrote that four of them were Zurich American, the California Insurance Guarantee Association, Sedgwick CMS, and Employers Compensation Insurance Group. But I saw a document that lists First Comp of Omaha, Virginia Surety Company, Southern Insurance Company (part of Republic Group), and then also Sedgwick, Zurich, and the California Insurance Guarantee Association.
I have never heard of First Comp of Omaha, Virginia Surety, and Southern Insurance, so it appears there are a lot of insurers--more than meet the eye--that make up this group called the Petitioner. David stands to be excluded from much.
Todd Mobley, the attorney representing for the Petitioners, from Stockwell’s office, replied to this writer when asked to explain why his firm was filing this Petition, “It’s our (firm’s) policy not to comment on pending litigation.”
Todd Mobley wouldn't make any comment for publication on this case, but he talked a good deal on his cell phone. Photo by Wayne Chema.
These participants in the proceedings walked all around the premises surrounding the internal offices chatting, negotiating, talking on their cell phones, and some even smoking cigarettes. York McGavin was there to be part of the team with Steve Appell and David Bautista. He’s the owner of Gibraltar Medical Supplies. David Bautista explained, “He’s not a lawyer, he’s just a genius. He’s extremely knowledgeable.”
When this writer asked David how he felt about this Petition being filed against him, he replied, “Judge Norton said it right, ‘It’s a compliment and a slap in the face at the same time.’”
Todd Mobley (left) and Steve Appell (right) take a friendly stroll around the state building in Van Nuys on Friday morning. The word overheard about Todd Mobley is he's great to work with on anything from either side and has excellent civil experience. Photo by Wayne Chema.
David Bautista worked for Stockwell, Harris, Woolverton, and Muehl for nearly 14 years. He started with the firm in 1997. Then, last February of 2011, he resigned very suddenly and left without even giving even a day’s notice, and now he expresses regret over how he did that.
“The pressures caused my divorce,” David believes. 15 years of marriage were over. He split from Samuelson’s office that day. He resigned with the intention of never coming back. It’s clear that he acknowledges now that he handled that situation improperly. He sounds like he somewhat snapped his cap.
“The clients were calling me. And the work became completely overwhelming. I’m getting tons and tons of calls on these consolidations.” So, David was relieved of most of his supervisory duties because of this consolidation.
David Bautista (left) and Steve Appell (right) take time to contemplate. Photo by Wayne Chema.
“A lot of my divorce had to do with staying up so late. And I was travelling to train the industry.
“The industry depended too much on me. I was getting 40 to 60 emails a day. I felt I was the only one out there helping… I didn’t feel appreciated. I needed to make more money.”
The Petition emphasizes the fact that David was made privy to very confidential information and that now he can use that information against his former clients unfairly. One section reads, that he: Participated in meetings with key decision makers within Petitioner’s organizations in which he was privy to confidential information regarding Petitioner’s internal lien resolution practices and procedures.
So, I asked, “Did you obtain confidential information?”
David Bautista: No. There’s no confidential information. About what? There’s nothing. I did none of the stuff they say I did for them. I gave information through seminars. I updated them on case law.
David says the overwhelming number of liens and the consolidations with the Interpreters, DMEs, and Compound Medications contributed to the end of his 15 year marriage. He was always working and would receive 40 to 60 emails per day. Photo by Wayne Chema.
But, the Petition reads: Without the WCAB’s intervention, Mr. Bautista is left to use Petitioner’s confidential information to exploit and subvert the very defense strategy that he helped it create, implement, and execute… And further it demands that David is: duty bound to maintain inviolate the confidences of Petitioner gained through his prior representation.
David Bautista: If training the insurance industry is what they’re saying. If they’re claiming that’s having confidential information; how could I learn confidential information through this process? You see, I don’t get it.
David Bautista listens to this writer's question just outside the door leading to Judge Mark Kahn's office. Photo by Wayne Chema.
David did stipulate at the last hearing on July 22nd, that he would recuse himself from the 64 cases that were in his inventory when he resigned last February. But, there are further demands of restrictions that the Petitioners are demanding; so David and his team are negotiating on where the line will be drawn.
Steve Appell: There is a settlement proposal on the table. There’s a continuance pending settlement. I won’t discuss a pending settlement. I am hopeful that the case will be settled by the next appearance. Once it is signed off by all the parties, I will be happy to give you a copy. Unless there is a confidentiality clause. But until we have the settlement signed off, I am not at liberty to discuss any portions of the settlement.
Steve Appell explains to this writer that he can't discuss anything about the proposed settlement. Photo by Wayne Chema.
The case has been continued to August 26th at 9 am. In the meantime, David Bautista feels that excellent, legitimate, ethical medical groups need help getting through the system.
David Bautista: Absolutely. And I feel I’m the right person to help. Because I now realize that that’s where most of the major problems are at. Again, I don’t think doctors should be required to have extreme knowledge of the law to simply get paid. And it’s frustrating. I sense the frustration out there now. There are doctors who don’t even want to touch workers’ comp, because they don’t want to go through the procedures that are required in workers’ comp— (not) even an evaluation.
Steve Appell says this case could really affect any claims adjuster or defense hearing rep who decides to switch sides. Photo by Wayne Chema.
Lonce LaMon: So, you feel that doctors should be allowed to practice medicine and be doctors, and that another representative—somebody with experience such as yourself—should do the procedures ethically and appropriately and allow them to get paid.
David Bautista: Absolutely. And that’s the bottom line. The question that was asked before was, what is proper? And it requires educating the entire system. And these firms have relied too much on outside agencies that have administered things that they’re required to administer. The bottom line is that that’s an issue.
Photo by Wayne Chema
And again David repeated what he had said earlier…
David Bautista: My only regret is that I didn’t do this 10 years ago.
lonce@adjustercom.com
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