ROBERT D. PETERSON, ESQ.
When the California occupational safety and health program was established in 1974, Robert D. Peterson became its first Chief Counsel and assisted in the creation and implementation of Appeals Board procedures. He remained with the Appeals Board until September, 1978, and subsequently established the Robert D. Peterson Law Corporation.
The firm specializes in the defense of employers throughout the country in both OSHA (Occupational Safety and Health Administration) and MSHA (Mine Safety and Health Administration) proceedings.
The firm also represents the interests of employers in California in workers’ compensation proceedings alleging “serious and willful” misconduct of employers and in criminal litigation based upon alleged violations of California safety standards.
Mr. Peterson practices in California courts, federal courts (including the U. S. Court of Appeals, Fifth Circuit, Ninth Circuit, and Washington D.C. circuit), and throughout the country in both state and federal OSHA proceedings.
Mr. Peterson has co-authored a number of books and articles on OSHA, including The Cal/OSHA Source, The Cal/OSHA Handbook, and The Complete Guide to OSHA Compliance.
Mr. Peterson co-sponsors and participates in annual seminars for employers throughout California regarding the Cal/OSHA program.
DAVID W. DONNELL, ESQ
Employed by the Robert D. Peterson Law Corporation since 1998, Mr. Donnell's practice includes advising employers regarding occupational safety and health issues, including Cal/OSHA, MSHA (Mine Safety and Health Administration), and workers’ compensation serious and willful misconduct issues.
Mr. Donnell has made numerous presentations to California employers and associations regarding occupational safety and health issues.
Admitted to the California State Bar in November, 1997, Mr. Donnell received his J.D. degree in 1996 from the Illinois Institute of Technology, Chicago-Kent College of Law, and his undergraduate degree from the University of California, Davis, in 1989.
RONALD E. MEDEIROS, ESQ.
Ronald E. Medeiros has provided contract legal services to the Robert D. Peterson Law Corporation since 1999. Mr. Medeiros’ practice is devoted to advising employers regarding occupational safety and health issues and representation before the California Occupational Safety and Health Appeals Board in proceedings alleging safety standard violations.
Prior to his employment with the Robert D. Peterson Law Corporation, Mr. Medeiros was an attorney for the California Division of Occupational Safety and Health (“Division”) for 14 years. During that time, he represented the Division before the California Occupational Safety and Health Appeals Board regarding alleged safety standard violations; he was a supervising attorney for the Bureau of Investigations for 10 years; reviewed and drafted proposals for regulatory change; acted as a liaison with the governor’s office regarding legislative work and with Fed/OSHA in complex concurrent jurisdiction cases. Mr. Medeiros is licensed to practice in California courts and before the U. S. Court of Appeals, Ninth Circuit.
Mr. Medeiros received his J.D. degree in 1981 from Empire College of Law in Santa Rosa, California, and was admitted to the California State Bar in 1981. Mr. Medeiros received his undergraduate degree from California State University, Sonoma, in 1977.
MANUEL M. MELGOZA, ESQ.
Manuel M. Melgoza provides contract legal services to the Robert D. Peterson Law Corporation in various employment law areas, including occupational safety and health issues and representation before the California Occupational Safety and Health Appeals Board in proceedings alleging safety violations.
Prior to his work with the Robert D. Peterson Law Corporation, Mr. Melgoza was the presiding administrative law judge of the California Occupational Safety and Health Appeals Board. He also served as an administrative law judge of the Appeals Board before becoming the presiding administrative law judge. He has presided over thousands of appeal proceedings, trained and supervised administrative law judges, and led workshops on how to effectively present cases before the Appeals Board. Mr. Melgoza has additional experience as an administrative law judge for the California Public Employment Relations Board and as an attorney for the Agricultural Labor Relations Board and the California Rural Legal Assistance. He served a 5-year term as a member of the Los Angeles City Employee Relations Board, a quasi-adjudicative body administering employment laws that cover Los Angeles city employees.
Mr. Melgoza received his law degree from UCLA in 1979 and was admitted to the California State Bar in 1979. He received his undergraduate degree from Loyola-Marymount University in 1976. He is admitted to practice in all California courts and one Federal Circuit court. He is bilingual (Spanish-English).
MADELINE KIM SCATES, ESQ.
Kim Scates has been with the Robert D. Peterson Law Corporation since 2007. Her practice includes advising and defending employers in serious and willful misconduct claims and in Labor Code Section 132a discrimination claims before the California Workers’ Compensation Appeal Board.
Prior to her work with the Robert D. Peterson Law Corporation, Ms. Scates was employed as a staff attorney with the United States Department of Interior, Office of Hearings and Appeals, in Washington D.C., and subsequently worked at the State of Oklahoma Court of Criminal Appeals where she wrote opinions and orders on behalf of the Presiding Judge. In 1992, she joined the Sacramento law firm of Mastagni, Holstedt, and Amick representing employees in claims for workers’ compensation benefits, Labor Code Section 132a discrimination claims, workers’ compensation serious and willful misconduct claims, and in hearings before the Social Security Administration. Ms. Scates successfully argued before the Supreme Court of the State of California in the published case, Camper v. WCAB (1992) 3 Cal.4th 679.
Ms. Scates was admitted to the Oklahoma State Bar in 1990 and the California State Bar in 1992. Ms. Scates received her J.D. degree in 1989 from the Oklahoma City University School of Law, Oklahoma City, and her undergraduate degree in 1986 from the University of Southern California, Los Angeles.
Court of Appeal Decisions 2010
In 2010, the Robert D. Peterson Law Corporation received two favorable decisions from the California Court of Appeal.
Bigge Crane & Rigging Co. v. Workers' Compensation Appeals Board (Hunt), Court of Appeal, First Appellate District, A127136 (serious and willful misconduct) - overturned Findings and Award and Opinion on Decision issued by the Workers' Compensation Appeals Board which had concluded that injuries to an employee of Bigge were caused by the serious and willful misconduct of a crane operator and a general foreman, both of whom were determined to be "managing officers" of Bigge. The Appellate Court found that the crane operator was not a "managing officer" of Bigge and that the evidence did not support a holding that the general foreman engaged in serious and willful misconduct which was the proximate cause of the employee's injuries, thereby annulling the award of additional compensation. See Bigge Crane & Rigging Co. v. Workers' Compensation Appeals Board (2010) 188 Cal.App.4th 1330.
Ford Construction Company, Inc. v. Workers' Compensation Appeals Board (Newell), Court of Appeal, Third Appellate District, C061176 (Sept. 17, 2010, unpublished) - overturned an Opinion issued by the Workers' Compensation Appeals Board which held that Ford had engaged in serious and willful misconduct as a result of alleged violations of safety orders. The Appellate Court found the evidence did not support a holding that Ford had engaged in serious and willful misconduct and annulled the decision of the Workers' Compensation Appeals Board.