Rebecca Grey, Esq.

Disability

• Mediated a case in which the plaintiff asserted FEHA claims against the county, alleging failure to engage in the interactive process, failure to accommodate, and retaliation following a severe workplace injury sustained during deputy sheriff training. The defendant maintained that it engaged in multiple interactive processes and provided appropriate accommodations by offering both temporary and permanent alternate positions.

Disability and Wrongful Termination

• Mediated a case where the plaintiff was fired after undergoing a psychotic breakdown, which he contended arose from being sexually harassed and discriminated against in the workplace. He claimed disability discrimination, failure to engage in the interactive process and national origin discrimination. 

Discrimination

• Mediated a case where a phlebotomist was terminated by their employer hospital while on leave for a work-related medical condition. They claimed there was a failure to engage in the interactive process, failure to accommodate a disability and wrongful termination. The defense contended the employee failed to respond to multiple requests for updated information and abandoned the position.
• Mediated a case where the plaintiff claimed disability discrimination and failure to engage with the interactive process after he was terminated following an on the job injury that resulted in reduced productivity.

ERISA

• Mediated a case involving an ERISA disability where claimant was denied Long Term Disability after nearly a decade on the claim. Plaintiff claimed denial was wrongful as the disability was well corroborated by extensive medical records and functional capacity evaluations; Defendant claimed after Social Security denial at the ALJ level that Plaintiff failed to satisfy the "any occupation" definition of disability.
• Mediated a case in which the plaintiff claimed disability based on mental health symptoms and severe physical conditions. After the carrier terminated benefits at the expiration of the maximum period for mental health disabilities, the plaintiff challenged the decision, asserting ongoing physical disability. The carrier argued that she did not meet the policy’s definition of physical disability.
• Mediated an ERISA long-term disability dispute involving claims of physical and cognitive symptoms, including chronic fatigue, allegedly triggered by a COVID vaccine. The defendant argued that the plaintiff failed to establish a qualifying disability and, even if disabled, benefits were time-limited under the policy’s provisions for chronic fatigue-related conditions.
• Mediated a case in which the plaintiff claimed disability due to long COVID. The insurer denied both her initial claim and appeal, asserting she was not totally disabled from performing her own sedentary occupation. The dispute led to ERISA litigation for breach of fiduciary duty, with the plaintiff seeking past disability benefits, reinstatement of her claim, and attorney’s fees.
• Mediated a case in which the plaintiff, a financial sales professional, claimed disability due to mental illness. The disability insurer terminated benefits, asserting that the evidence did not support the existence of a serious and functionally impairing mental health condition.
• Mediated an ERISA disability case in which the plaintiff claimed total disability due to debilitating fatigue and cognitive impairment resulting from long COVID. The defendant insurer argued that the evidence did not substantiate the severity of the plaintiff’s condition to the extent required for total disability benefits.
• Mediated a case involving a long-term disability claim in which the plaintiff alleged improper denial of benefits for long COVID symptoms, including severe fatigue and inability to meet the cognitive demands of her high-pressure occupation. The carrier argued that the medical records did not support a condition of sufficient severity to prevent her from performing her own sedentary occupation.
• Mediated an ERISA disability case in which an engineer was disabled by a severe cardiac condition. The carrier paid through the own occupation period and into the any occupation period and terminated him after their reviewing doctor opined based upon his stable cardiac symptoms, he could still perform sedentary work.
• Mediated a case involving an ERISA pension dispute against a banckrupt long-term employment pension plan for misrepresentions as to the amount of the pensions, given bankruptcy and transfer of ownership. A former employer's insurance was also at issue with extensive coverage questions.
• Mediated a case involving a plaintiff who brought an ERISA disability claim based upon a degenerative disc disease, which prevented him from sitting for longer than two hours in a day and thus precluded his abiltity to perform his computer intensive sedentary occupation.
• Mediated a case where the claimant was a long term executive who alleged an ERISA violation when he failed to get his usual yearly distribution packet to claim his vested pension. The value of his account declined after he missed the deadline to recover his pension and he brought an action for the difference in value. The defendants claimed they complied with all relevant notice requirements and the plaintiff was to blame for his failure to request a transfer of his pension fund.
• Mediated a case involving a plaintiff, the father of a teenager who was institutionized in multiple residential treatment facilities for suicidal ideation, self-harm and eating disorders, who sought reimbursement from his benefit plan for the out of pocket treatment costs, which he contended should have been covered under his health care plan. 
• Mediated a case where the plaintiff had recieved LTD benefits for chronic MS for several years when his doctor completed a form that he was capable of working a fulltime sedentary position. After examining the medical records, the LTD carrier terminated benefits.The plaintiff contended the physician checked the box in error, and the doctor issued a corrected form.
• Mediated a case involving a disability claimant who brought ERISA action against a disability insurer for a closed period of disability due to mental illness arising out of PTSD after a close family member's psychiatric breakdown.
• Mediated a case involving a plaintiff who claimed disability based upon both mental health and physical conditions, and the claim was approved. The carrier suspended the benefits while waiting for additonal medical records which the plaintiff claimed was a regulatory violation and he filed suit. 
• Mediated a case involving a plaintiff who claimed a wrongful termination of her own occupation, ERISA disabilty benefits due to chronic Lyme disease, which was alleged to be very severe and unrelenting after years of intensive medical treatment.
• Mediated a case involving a plaintiff with long covid and several co-morbid autoimmune conditions who sought LTD benefits for own occupation and any occupation benefits. The parties' dispute was the extent of any offsets for prospective social security benefits.
• Mediated a case involving a plaintiff who contended that he was entitled to ongoing LTD benefits due to orthopedic conditions even after he had returned to work with a new employer, contending that the six month successive period of disabilty grace period applied to his claim. 
• Mediated an ERISA disability case alleging disabilty based upon mental illness including symptoms of schizo-affective disorder, anxiety, and depression. The carrier claimed the record failed to document conditions serious enough to disable the claimant from their own occupation as a nurse and even if there were sufficient evidence of disability, benefits would be limited to 2 years under the contract. 
• Mediated a case where the plaintiff brought a disability case against a disability carrier claiming she was totally disabled from her own occupation as a director in the tech industry by PTSD from multiple crises. The carrier contended that while she may have been experiencing emotional difficulties, her condition did not rise to the level of total disability from her own occupation.

Negligent Hiring

• Mediated a case where the plaintiff, a minor special education student, brought an action against the school district after alleging assault by a teaching aide and bullying by another student. The defense contended there was no evidence of any assault, or other improper behavior nor notice of any problems with staff and claimed the school properly handled the other student's conduct.

Wage and Hour

• Mediated a case involving a physician who filed a labor commission claim for unpaid wages, alleging improper classification as an independent contractor by a former clinic employer.

Whistleblower Wrongful Term

• Mediated a case where the plaintiff made whistleblower retaliation claims after they reported safety problems at the workplace, and were terminated shortly thereafter for insubordination and a poor attitude. The defendant contended the employee was terminated for refusing to do important duties, leaving early, being openly disrespectful and for non-participation in key employment meetings.

Wrongful Term & Discrimination

• Mediated a case in which the plaintiff sustained a workplace injury and requested accommodations. After work restrictions were provided, the defendant concluded that the plaintiff could not perform the essential functions of his heavy-duty role with or without accommodations, and terminated his employment. The parties resolved claims including, inter alia, failure to accommodate and failure to engage in the interactive process.
• Mediated a case where the plaintiff, a long term dental hygienist, contended she was wrongfully terminated on the basis of age and based upon her association with a disabled person when a new dentist purchased the practice and terminated her shortly after she returned from a family leave. 

Wrongful Termination

• Mediated a case involving an African-American female plaintiff who alleged race discrimination, harassment, retaliation, and wrongful termination following her dismissal from a position where she had reported racial animus by co-workers.
• Mediated a case in which the plaintiff alleged race and disability discrimination after her employer denied her request to continue working remotely and terminated her for failing to return to full-time, on-site work. The defendant asserted that her refusal to work on-site constituted a lawful basis for termination.
• Mediated a case involving a long-term employee who was fired and displaced from his subsidized housing for exposing himself in pubic on the job site. The plaintiff contended the termination was based upon racial and ethnic animus. The defendant contended the termination was based upon a plausible complaint of inappropriate conduct as well as claiming a religious exemption from state and federal anti-discrimination statutes.
• Mediated a case involving a plaintiff who brought employment claims against a large delivery company for failing to adequately discipline two workplace harassers despite her repeated reporting of problems. The defendant contended it adequately investigated and disciplined the alleged harassers and could not terminate the employees given the union structure within the workplace.
• Mediated a case where before joining a tech start up, the plaintiff negotiated partial monetary salary and partial compensation in the form of stock options, which would vest after one year. Four days before vesting, the plaintiff was terminated due to changes in his immigration status. He claimed he had been induced to accept the terms of employment and promised a full year's employment. The defendant contended no assurances were made and his termination was the result of his own voluntary change in immigration status.
• Mediated a case where the plaintiffs were both tenants and employees of the defendant homeowners and restauranteurs. The plaintiffs claimed they were charged rent from their paychecks, underpaid for their work, and were summarily evicted upon their termination.
• Mediated a case where a plaintiff asserted wrongful termination claims based upon disability discrimination, failure to engage in the interactive process, wage and hour claims and waiting time penalties. The defendant contended the plaintiff was appropriately paid for his work time, including overtime, provided appropriate meal and rest breaks, and was ultimately fired for insubordination and poor performance.
• Mediated a case where a female home care manager claimed constructive termination and retaliation after a person she had accused of sexual harassment was investigated and terminated by her employer.

Insurance Coverage

• Mediated an ERISA disability enrollment dispute against an ERISA Plan Administrator and an employer where the plaintiff employee claimed to have enrolled in supplemental disabilty benefits, after which time he became disabled and made a disability claim.

Bad Faith

• Mediated a case in which ICU physicians asserted breach of contract and bad faith claims arising from disability coverage disputes during a high-risk pregnancy amid the COVID-19 pandemic.
• Mediated a first-party uninsured motorist (UM) bad faith case in which the plaintiff alleged the insurer initially stonewalled and later unreasonably delayed payment of policy limits following a multi-vehicle accident that caused injuries. The carrier argued that the delay resulted, in part, from the claimant’s refusal to authorize release of medical records, which impeded a reasonable investigation into the causation of the alleged injuries.
• Mediated a case in which the plaintiff brought bad faith and related claims against his personal insurer following the loss of a valuable watch. The insurer denied the claim based on suspected fraud.
• Mediated a case involving an insured homeowner who brought bad faith action against her insurer for a water damage claim, which was denied based upon the claimant's failure to cooperate and provide complete documentation of loss.
• Mediated a bad faith case by a construction contractor against the insured for failing to defend based upon the work to "my product" exclusion in multi-party CD case. The carrier ultimately reversed its decision, and defended the action and settled the underlying matter, therefore claiming any damages were limited.

Coverage

• Mediated a case involving an ERISA long-term disability claim in which the plaintiff alleged wrongful termination of 'any occupation' disability benefits. The insurer discontinued benefits despite the claimant's ongoing medical conditions, including cardiac issues, chronic pain, diabetes, fibromyalgia, and related secondary diagnoses.
• Mediated a case in which an insurance carrier sought declaratory relief and rescission of a policy issued to a professional painter, alleging material misrepresentations on a renewal application. The insured argued that the application was completed by his insurance agent without his knowledge and that the responses were not materially false.
• Mediated a case ivolving an insurer for a tortfeasor who caused a multiple vehicle collision resulting in four injured parties who sought mediation when the parties failed to agree on an apportionment of limited funds.
• Mediated a case involving a long-term care insurer who brought action against the LTC recipient for fraudulent benefits who claim seeking payment of improperly paid benefits and seeking to void the policy.

Property Damage

• Mediated a case in which the plaintiff insurance company brought a subrogation action against a subcontractor, alleging the subcontractor caused a fire at a residential construction site. The subcontractor filed a cross-complaint against the general contractor, who in turn cross-complained against the homeowner and its own insurer.

Subrogation

• Mediated a case in which an insurance carrier brought a subrogation action against the insured landlord’s tenant, alleging the tenant caused a fire that damaged a multi-unit apartment building. The tenants denied responsibility and asserted that negligent maintenance by the landlord and property manager caused the fire. They also brought habitability, negligence, and related tenancy claims against the property owner.
• Mediated a subrogation claim by homeowners insurer that paid a large reconstruction bill after a fire, which was allegeldy caused by a subcontracted roofing company that disrupted live wires which were improperly exposed due to the failure of the local electrical utility. Both the roofer and the utility claimed the other was at fault.

Medical

• Mediated a case in which the plaintiff alleged medical malpractice by a surgeon during a male breast reduction procedure, resulting in a puncture wound to the pectoral muscle and a subsequent hematoma with lasting complications.

Breach Of Contract

• Mediated a real estate case alleging a property seller failed to disclose details of septic plumbing system which the plaintiffs claimed, had it been disclosed, would have deterred the buyers from completing the purchase. The defendants contended they disclosed all information available after a thorough visual inspection.

Buy/Sell

• Mediated a trust and estate dispute over newly discovered claimed estate assets years after decedent's death, including whether or not various assets were part of the estate and the valuation and distribution of those assets.

Home Owners Association

• Mediated a case in which adjacent homeowners brought claims against the HOA for damages resulting from defective roofing work performed by the HOA’s construction agents, which caused interior water damage to both units. The HOA argued that the work was performed by an unauthorized contractor and disputed the extent of the claimed damages.

Landlord/Tenant

• Mediated a case involving a long-term tenant displaced by a fire who asserted various habitability claims, including a claim for future rent differential, alleging that the landlord failed to timely invite her to return to the repaired unit.
• Mediated a case in which the plaintiff challenged an alleged improper owner move-in eviction. The eviction notice was based on the new owner's intent to have his mother occupy the unit; however, the unit underwent nearly two years of remodeling before the mother ultimately took possession.
• Mediated a case involving the settlement of a dispute arising from a long-term tenancy of a single-family residence in San Leandro. The plaintiffs asserted multiple habitability claims, including issues with rodents, mold, inoperable windows, plumbing defects, and inadequate security, as well as allegations of retaliatory eviction attempts. The property owner contended that she addressed and repaired all conditions of which she had received notice.

Neighbor Dispute

• Mediated a real estate case involving a neighbor dispute about the placement of a fence, including claims of trespass, harassment and assault.

Real Property

• Mediated a case where the plaintiffs brought a real estate misrepresentation case against a seller and broker for failng to provide material information about the buildable land on the sale of a vacant lot. The defendants contended the plaintiffs had the relevant information and failed to do their own due diligence.

Warranty of Habitability

• Mediated a case in which the plaintiff brought habitability and retaliation claims against her landlord, alleging persistent issues with rodents, mold, and general maintenance over the course of a six-year tenancy, which she claimed ultimately forced her to vacate the unit. The defendant maintained that he promptly and appropriately addressed all legitimate complaints and argued that the plaintiff moved out due to job loss, not uninhabitable conditions.
• Mediated a case where the plaintiffs contended they suffered severe carbon monoxide poisoning from a defective stove in a rental property. The defendant property owner contended they previously lived in the unit without problems and had no notice the stove had problems.

Assault and Battery

• Mediated a case involving a plaintiff, a therapist in training for troubled adolescents, who brought battery and negligence action against the parents of a minor child who physically assaulted her while at a home therapy visit.

Discrimination

• Mediated a case involving a wheelchair-using plaintiff tenant who claimed multiple elevator outages prevented her from accessing her apartment and made several disability discrimination claims againt the property owner and management company.

General Negligence

• Mediated a case involving two previously designated dangerous dogs that escaped their enclosure and attacked the plaintiff, resulting in physical injuries and significant post-traumatic symptoms.

Personal Injury

• Mediated a personal injury case brought by an unlicensed subcontractor against a homeowner following a ladder fall that resulted in severe leg injuries.
• Mediated a case in which the plaintiff sustained serious lower extremity injuries after slipping and falling into a pothole on a residential street. The defendant utility company acknowledged the severity of the injuries but denied responsibility, asserting it was not at fault for any underlying leak or condition that caused the sinkhole.
• Mediated a case involving a professional painter who sustained injuries while working on a wooden platform at a construction site. The plaintiff alleged negligence and premises liability, claiming the structure was improperly erected and unstable. The defendant contended that the platform was not intended for use as a work surface and denied liability, or alternatively, argued for apportionment of fault based on contributory negligence.
• Mediated a case involving a plaintiff who slipped and fell at local restaurant, with clear lower extremity injury including fracture, surgery with hardware and physical rehabilitation. The plaintiff also claimed a TBI, back, neck, shoulder and arm injuries, which were disputed. The defendant contested TBI and non-lower extremity injuries, claiming those were caused by previous and/or subsequent accidents.
• Mediated a case where the plaintiff brought claims against a general manager of a construction site after he was beaten and severely injured while on the job. The plaintiff contended security was inadequate for a known dangerous area and documented incidents of criminal activity. The defendant contended its security was adequate and it was not responsible for third party criminal activity.

PI Auto

• Mediated a pre-arbitration first-party underinsured motorist (UIM) case arising from an auto accident, involving claims of chronic cervical and lumbar spine whiplash injuries, as well as emotional distress.
• Mediated a case in which the plaintiff was 'doored' while riding her bicycle and sustained injuries to her neck, back, and shoulder, requiring ongoing medical treatment.
• Mediated a case involving a collision between a bicyclist and a vehicle operated by a City-employed parking control officer, resulting in injuries to the plaintiff. The plaintiff alleged negligence by both the municipality and the officer, while the defendants denied liability, challenged the extent of damages, and asserted comparative negligence.
• Mediated a case in which the plaintiff alleged personal injuries resulting from two separate incidents on public transit. The defense disputed causation, asserting that the plaintiff’s medical symptoms were pre-existing and unrelated to the incidents.
• Mediated a case involving a pedestrian who was struck by a vehicle while lawfully crossing in a crosswalk. The plaintiff claimed physical injuries, lost wages, psychological trauma, and general damages. The defendant disputed the extent of damages, alleging failure to mitigate and citing minimal medical and psychological treatment.
• Mediated a personal injury case involving a passenger whose vehicle fishtailed, vaulted a downhill railing, and overturned following a collision at a city intersection. The plaintiff claimed permanent cervical spine injuries, while the defendants contested liability and future medical costs, citing pre-existing conditions.
• Mediated a case where the plaintiff was severely injured when a city bus veered over the median and collided with her vehicle head on. The bus had been t-boned by a speeding car, which ran a red light, impacting the bus and throwing the driver of the bus from his driving position and causing him to veer across traffic into the plaintiff's stopped car. The plaintiff brought claims against the original driver of the car, as well as against the city transportation agency.
• Mediated a case involving a scooter rider who collided with an indentation on the city street caused by a sewer repair, which was inadequately patched by a third party paving company. The plaintiff was thrown from the scooter, seriously injuring his knee and brought claims against the city for the dangerous conditions and against the paving vendor for negligence.
• Mediated a case where the plaintiff, an employee of a contractor vendor, slipped and fell on a defective stair while working on the HVAC system of a grocery store, injuring his knee. The store defendant argued WC exclusivity, and claimed the defect was open and obvious, as well as making an indemnity claim against the contractor employer. The HVAC company argued if anyone was responsible for a breach, it was the store, which retained control over the defective stairway.
• Mediated a personal injury action by a professional truck driver against a defendant truck driver who rear-ended the plaintiff causing injuries. The matter was complicated by a worker's compensation lien and the defense claims that the plaintiff's injuries were pre-existing and/or degenerative.

PI Bicycle

• Mediated a first party UIM case by a bicyclist who was injured when a car cut into the bike lane, causing a broken wrist and injured shoulder. The parties disputed the extent of damages.
• Mediated a case involving a car vs. a bicycle accident in a crosswalk/sidewalk with disputed liability and causation regarding the damages and possible future wage loss.

PI Sexual Assault

• Mediated a personal injury case in which the plaintiff alleged sexual assault by the defendant in a hotel room, claiming resulting physical and psychological injuries.

PI Sexual Molestation

• Mediated a case where a plaintiff was a minor resident of a residential mental health treatment facility who claimed she was groomed and ultimatey sexually assualted by a facility staff member. The defendant facility claimed there was no evidence of the assault and there was no indication the suspected employee posed any risk to the residents.

Premises Liability

• Mediated a case in which the plaintiff alleged chronic personal injuries after stepping into an uncovered utility box on a public sidewalk on Treasure Island. The defendants denied liability, asserting lack of notice and disputing medical causation for the claimed injuries.
• Mediated a personal injury case in which the plaintiff alleged chronic physical and emotional injuries after being struck by a grocery store clerk pushing a fully stocked dolly. She claimed ongoing neck, shoulder, and hip pain, along with psychological and emotional distress. The defendant asserted that the plaintiff sustained only a minor ankle contusion and argued that her additional complaints were either unsupported by medical evidence or attributable to pre-existing conditions.
• Mediated a premises liability case involving a plaintiff who suffered a serious hip fracture after falling from a raised sidewalk. The plaintiff alleged a dangerous condition due to the lack of guardrails and visual cues. The defendant maintained the site was code-compliant, the condition was open and obvious, and asserted comparative fault.
• Mediated a case in which the plaintiff, a fast-food customer, was involved in a physical altercation with a teenage employee on the restaurant premises, in the presence of his wife and minor children. He asserted claims of premises liability and negligence against both the employee and the franchise. The defendant contended that the plaintiff initiated the altercation.
• Mediated a case in which the plaintiff alleged a knee injury after being struck in the lower body by a large grocery delivery cart at a supermarket. The defendant disputed causation, asserting that the plaintiff’s symptoms were attributable to a pre-existing knee injury and prior surgery.
• Mediated a case in which the plaintiff alleged a significant traumatic brain injury after being struck and knocked backward by a grocery dolly cart. The defendant contested the severity of the claimed injuries, arguing that the mechanism of injury and the plaintiff’s clinical history did not support the extent of her allegations.
• Mediated a case where a plaintiff claimed partial amputation of a finger in a workplace accident by mechanic injured by jammed machinery. The plaintiff made claims against the machine's owner and manufacturer. The defendants claimed non-liability due to Privette/Toland doctrine and lack of evidence that the machine was defective.

Product Liability

• Mediated a personal injury case involving a woman who alleged design defect and premises liability against a scooter rental company and a municipality following an accident. The defendants contested both liability and the extent of the claimed damages.
• Mediated a case in which the plaintiff sustained severe burns when a vape device battery exploded in his pocket. The defendant disputed both the origin of the battery in question and the extent of the plaintiff’s alleged damages.

Workers Compensation

• Mediated a personal injury case involving an unlicensed handyman who claimed injuries from a fall off a ladder while working at the defendant’s residence. The parties disputed whether workers’ compensation constituted the plaintiff’s exclusive remedy.
• Mediated a subrogation case, converted from arbitration, involving a dispute over the allocation of third-party policy limit proceeds among a workers’ compensation carrier, the underlying plaintiff, and plaintiff’s counsel, each asserting competing claims to the recovery.