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DAVID W. DONNELL, ESQ. of Donnell, Melgoza & Scates LLP

DAVID W. DONNELL, ESQ.

As the founding Managing Partner of Donnell, Melgoza & Scates LLP, Mr. Donnell advises employers regarding occupational safety and health issues, including Cal/OSHA, Fed/OSHA, MSHA, and Workers’ Compensation “Serious and Willful” claims.

Mr. Donnell provides counsel to employers during all stages of occupational safety and health inspections and proceedings; provides advice and counsel during settlement negotiations; represents employers in hearings before administrative boards, including the California Occupational Safety and Health Appeals Board and the Federal Occupational Safety and Health Review Commission; has made numerous presentations to California employers and associations regarding occupational safety and health issues; is a current member of the Cal/OSHA Advisory Committee (representing management), and was co-author of The Cal/OSHA Source 2014.

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 in Economics (with a minor in Psychology) from the University of California, Davis, in 1989. Prior to founding Donnell, Melgoza & Scates LLP, Mr. Donnell was employed as an attorney at Robert D. Peterson Law Corporation for 21 years (from 1998 to 2019).


MANUEL M. MELGOZA, ESQ. of Donnell, Melgoza & Scates LLP

MANUEL M. MELGOZA, ESQ.

Mr. Melgoza’s practice includes occupational safety and health issues and representation before the California Occupational Safety and Health Appeals Board in proceedings alleging safety violations.

Prior to becoming a partner and 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. of Donnell, Melgoza & Scates LLP

MADELINE KIM SCATES, ESQ.

Ms. Scates has defended hundreds of California employers in proceedings before the Workers’ Compensation Appeals Board when a petition for “Serious and Willful Misconduct” has been filed, in addition to Labor Code Section 132(a) discrimination claims. Her practice also includes defending employers in against alleged violations of safety regulations before the California Occupational Safety and Health Appeals Board.

Prior to becoming a partner, she was employed by the Robert D. Peterson Law Corporation for 12 years as a workers’ compensation attorney, specializing in the defense of serious and willful misconduct claims, and including alleged employer violations of California safety regulations. Upon moving to California, she joined the Sacramento law firm of Mastagni, Holstedt, and Amick where she represented employees in claims for workers’ compensation benefits, Labor Code Section 132a discrimination claims, serious and willful misconduct claims, and in hearings before the Social Security Administration.

Ms. Scates was also employed as a staff attorney with the United States Department of Interior, Office of Hearings and Appeals, in Washington D.C., where she drafted orders and opinions in contract, land, and personnel appeals, and at the State of Oklahoma Court of Criminal Appeals where she wrote opinions and orders on behalf of the Presiding Judge.

Education
Ms. Scates received two Bachelor of Arts degrees (Political Science and Sociology) from the University of Southern California, and a Juris Doctorate degree from Oklahoma City University School of Law; and is admitted to the California State Bar.

Affiliations
Ms. Scates is admitted to the California State Bar and is licensed to practice law in all California courts.

Noteworthy Cases
California Supreme Court, Camper v. Workers’ Compensation Appeals Board of the State of California, J.C. Penny Company, Inc. (1992) 3 Cal.4th 679, 836 P.2d 888, 57 Cal. Comp. Cases. 644.

California Court of Appeal, Third Appellate District, Ford Construction Company, Inc., v. Workers’ Compensation Appeals Board (2010) 75 Cal. Comp. Cases 953 (unpublished).


PERRY P. POFF, ESQ. of Donnell, Melgoza & Scates LLP

PERRY P. POFF, ESQ.

Ms. Scates has defended hundreds of California employers in proceedings before the Workers’ Compensation Appeals Board when a petition for “Serious and Willful Misconduct” has been filed, in addition to Labor Code Section 132(a) discrimination claims. Her practice also includes defending employers in against alleged violations of safety regulations before the California Occupational Safety and Health Appeals Board.

Prior to becoming a partner, she was employed by the Robert D. Peterson Law Corporation for 12 years as a workers’ compensation attorney, specializing in the defense of serious and willful misconduct claims, and including alleged employer violations of California safety regulations. Upon moving to California, she joined the Sacramento law firm of Mastagni, Holstedt, and Amick where she represented employees in claims for workers’ compensation benefits, Labor Code Section 132a discrimination claims, serious and willful misconduct claims, and in hearings before the Social Security Administration.

Ms. Scates was also employed as a staff attorney with the United States Department of Interior, Office of Hearings and Appeals, in Washington D.C., where she drafted orders and opinions in contract, land, and personnel appeals, and at the State of Oklahoma Court of Criminal Appeals where she wrote opinions and orders on behalf of the Presiding Judge.

Education
Ms. Scates received two Bachelor of Arts degrees (Political Science and Sociology) from the University of Southern California, and a Juris Doctorate degree from Oklahoma City University School of Law; and is admitted to the California State Bar.

Affiliations
Ms. Scates is admitted to the California State Bar and is licensed to practice law in all California courts.

Noteworthy Cases
California Supreme Court, Camper v. Workers’ Compensation Appeals Board of the State of California, J.C. Penny Company, Inc. (1992) 3 Cal.4th 679, 836 P.2d 888, 57 Cal. Comp. Cases. 644.

California Court of Appeal, Third Appellate District, Ford Construction Company, Inc., v. Workers’ Compensation Appeals Board (2010) 75 Cal. Comp. Cases 953 (unpublished).


James J. Shin, Esq.

A seasoned attorney with extensive trial litigation background, Mr. Shin defends the
rights of employers involving Cal/OSHA safety violations and Workers’ Compensation “Serious and Willful” claims on behalf of Donnell, Melgoza & Scates LLP.

With 14 years of experience as a prosecutor and over 15 years as a public defender
and criminal defense attorney, Mr. Shin has prosecuted and defended serious felony cases such as homicides, major narcotics and the Three Strikes law. In such capacity, he has reviewed and analyzed thousands of cases, litigated hundreds of contested hearings involving cross-examination of witnesses and evidentiary rulings and conducted over 50 jury trials and court trials. With his in-depth understanding of the judicial system, Mr. Shin applies his courtroom litigation skills to advocate for employers in Cal/OSHA and Workers’ Compensation S&W cases including case reviews, consultation and settlement negotiations, and hearings.

Mr. Shin received a Bachelor of Arts degree in Economics from the University of
California, Irvine in 1990 and a Juris Doctorate degree from the University of California, Hastings College of the Law in 1993.


Matthew S. McMillan

Matthew S. McMillan was hired by Donnell, Melgoza & Scates LLP in September of 2021. He brings to the firm an expertise in matters related to criminal liability and a wealth of trial experience, gained through six years as an attorney with Public Defender offices. As a Public Defender, Mr. McMillan helped defendants navigate the intimidating world of criminal justice, gaining valuable trial experience as well as experience negotiating with District Attorney prosecutors. During his service as a criminal defense attorney, he represented several parties accused of involuntary manslaughter (negligent homicide).

As a defense attorney in the area of Administrative Law, Mr. McMillan has represented over a hundred employers accused of safety violations by the Division of Occupational Safety and Health, as well as employers accused of “Serious and Willful Misconduct” in Workers’ Compensation cases.

Mr. McMillan received his J.D. from Western State College of Law in [2014] and his Bachelor’s degree in Psychology from California State University Long Beach in [2011]. Mr. McMillan is admitted to practice in all California State Courts.