Workers Comp Help
Harassed At Work
Although this horrible experience covers the time frame of over five years starting in mid 1995, I will do my best to summarize it.
After 17 years of dedicated and loyal service to a small (37) telephone parts supplier I was terminated while on disability for a psyche injury that I claimed to have been caused by my employer. I alleged that this psyche injury was work related as a direct result of being threatened (my person, my job, and my finances) harassed (being forced to do three full time employees work & being put on the 'time clock' when I had always been a salaried employee), and treated differently (make up time for doctor's appointments) by the newly hired supervisor. I might add that I received a raise and a bonus for every one of my 17 years as an employee. I had never been written up or been reprimanded. During the time that I was on disability (state) I had personally informed my supervisor and the Vice President of my injury, as well as sent in doctor's notes. The state even notified this employer of my allegations.....all during the year of 1995. I was terminated in January 1996.
The employer never sent me nor informed me of my worker's compensation rights and instead pretended as if they knew absolutely nothing. The aforementioned documents and others reveal the truth of the matter. It was only after I retained an attorney that my employer filled out three claims forms in which only one word was used to describe my injuries.........UNKNOWN.
The carriers (Hartford & Fremont) denied my claims in total as being post termination and as not having prior medical treatment for said injuries.
In the subpoenaed (Hartford) medical reports from the three doctors that the insurance companies sent me to is the undeniable truth of prior treatment by several doctors. Each multi page report contains a review of my prior medical history in which the dates and treatments are listed. I personally inform both the insurance carriers and their legal representatives of this fact which is ignored. I inform the WCAB, my attorney, the Insurance Commissioner, and every government entity who all ignore me or redirect me to someone else who ignores me. All the while the clock is ticking on the statute of limitations.
I am forced to retain an attorney for filing a Civil case despite the exclusivity of Worker's Compensation. After wiping out my savings ($8,000.00) on two attorneys I discover that they are not working in my best interests and I am forced to represent myself.
With our ever seeing the judge I am informed that I have lost the Motion For Summary Judgement. Material documentary evidence produced by the defendant at my deposition which is direct proof of fraudulent concealment is omitted by the defendant. Despite my having provided this evidence and despite the fact that I had filed a timely Motion For Permission To Amend My Complaint which was to be heard on the very same day as their motion, my motion and only my motion was trasnsferred to another judge at another time by the Presiding Judge.....!
Unbelievably, several months later, after filing a number of papers my case was sent back to the very judge who had granted their Motion For Summary Judgement....! In a feeble attempt to cover up the proceedings from before, he made both prejudicial as well as intimidating remarks such as " Mr. Speer, go ahead and appeal if you you like. All they will do is shuffle your papers around and even if you win you will be coming right back to us trial judges". It was very clear to me that I was dealing with corruption at its worst so I asked for copy of the transcript. 30 days later I get a typewritten copy of a transcript that was made from "short hand notes".....All of the incriminating statements had been removed..! I filed a complaint with the Judicial Performance Committee which said that I was not specific enough in my 100 page allegation...!
We have not even gotten up to the shinanigans that I experienced at the WCAB by the WCJ, the carriers, and yes, my own attorney. On what was to be the first day of my long awaited (3 Yrs.) trial I am told that there will be no trial. The reason given is that there is no CHP Officer available. I am outraged as it was not me that the defendant wanted the CHP Officer for but my wife....who was not even there ...!! I was not allowed to see the Judge nor the Presiding Judge. Instead I was told to wait around which ended up being until lunchn time. I am subjected to every over persuasion technique in the book by my own attorney who uses the one that worked..."trust me"......Boy did I get screwed.....without ever seeing a judge for the second time I am told that the document that I was told to sign was a C & R Agreement that gave me nothing and took away everything.
Upon discovering just what my attorney had done I fired him and rescinded the C & R Agreement as being had through fraudulent means.
I did not accept the $15K that was sent to me and was informed by the court that I was set for trial on the preset second trial date.
That became a sham of a hearing in which I was made my own attorney and not given any of the 'due process' requirements as dictated by the Constitution by the judge who had let this all happen. My timely Petition To Reopen was ignored while my timely filed Petition For Reconsideration was accompanied by the judge's completely fabricated story. The Board denied my Petition without specifying the evidence relied upon and simply said that they agreed with the WCJ\s version. I found out later that this WCJ had not even paid his fees for holding a license to practice law in California> I filed a complaint against this judge also and got the patent reply of not being specific enough.
I filed an appeal to the Appellate Court which was denied as being untimely. A fellow worker who had the same attorney as me had over heard this attorney and the carriers attorney enjoying a good laugh over my misfiling this appeal despite the fact that it was served in a timely fashion on everyone else. I might note thaat the Board sent an Answer to my appeal stating that they were neither agreeing with nor disagreeing with my appeal which case law shows to mean that the WCJ's decision will be annulled. Although my appeal was stamped as FILED and given a number it was denied. I then went to the California Supreme Court who stamped my documents as being received on the 19th of February and then returned them a week later with a letter that said " We could have done something if we had have gotten your papers before the 20th of February......!
Rather than go on and on it should be very clear that our legal system is corrupt to the core. To those who want to hear, I can describe my experiences with the DOI fraud division who just last month got around to answering my complaint letter from 1998.....or my experiences with Fremont's V-President of Governmental Affairs or Fremont's Fraud division. Hopefully this posting will help others but I doubt it. The corruption is state wide and from top to bottom....
Regards,
Michael