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Blacklisted - Lostandconfused - 01-22-2019

I want to share my story to all advocates and attorneys who represents injured workers. I’m sure 1171 might think I’m crazy but I will predict exactly what will happen at my trial.

I will say this though, if I lose this trial. Every AA will likely settle for nuisance money. Here’s a little background on my case for those who might not be familiar.

I was terminated from my job because my employer jumped the gun and terminated. The first ptp that I chose from the mpn list could not evaluate me the day of my appointment because they did not fax my paperwork. The doctor told me to take the rest of the day off and he will send them a note to excuse my absence. That note has no restrictions and they call that evening to terminate me but I told them I’ve nrver heard of my production being poor. HR was upset and said they will find something.
I finally did the evaluation a few days later and I sent an email asking if there was modified work but they never replied, I went in the following day and I was handed a discharge letter.
After 2 ptp and 2 qme that says industrial related and the most recent qme says arose in the course of employment and 100 l% causation. I still have not seen a dime.

I’ve been blacklisted and no attorney in town will take my case. I’ve been to 3 hearings and the judge has lied, made up rules and laws to force me to take the nuisance offer.

At the expedited hearing, he made all the arguments for the defense. He really said I am not entitled to ttd because I was paid sdi. He said by law I can not have double benefits. Told him I don’t want double benefits. I want them to send sdi the amount I drawed and send me the different because ttd is 12a% more. The judge said he’s never heard of anything like tha before. He left the room for 5-10 minutes and said he remembers what I was talking about but it’s only pair if I take the settlement.
He had a rebuttal for everything I ask and he would just go the opposite of what I ask. I should have used some reverse psychology. He eventually said that he want to wait and see what the qme report first before he can made a decision. He told me if the qme say ttd then he will start the benefits.

I brought the report to the msc and he ignored it and did not let me talk anymore. He proceeded to set my case to trial without reviewing the and report. Things got out of hand and when order was restored, he said he has to continue it and give the defense a chance to defend themselves.

At the third hearing, he said he doesn’t make decisions on ttd and only a trial judge can make decisions. Sounds crazy but I went to 3 hearing for ttd that I filed the dor for and I only got to talk during the first hearing. I’m all the hearings, the defense never had any legal or medical evidence. Let me just add that the reason he continued the msc is because he said it will be an aoe/coe hearing to see if the IC is legally responsible for it. I told that defeat the purpose of these qme process. He said the qme report is only for medical.
During the third hearing I ask him if the trial is only for ttd. He said yes because the medical is accepted and the qme report is accepted.
The judge came back 4 hours later and he told me that if I lose at trial I will lose my medical too. I guess he forgot that he just answered that question earlier. He must have also forgot that he moved us to a trial room with a court reporter. He handed the forms to the court reporter and left. I’m sure he’s much to smart to forget though. He already knows that I will never see the court reports. One last thing, he was nice enough to note my file so the trial judge will not let me talk to the witness because he did not want to open the door to something bigger. Sounds like he’s knows there a civil case. I’m not sure why that would be any important to him since he’s neither the trial judge and a civil matter is not in his jurisdiction nor does it have any impact on his decision.
I googled his name and it turns out he was the judge I’m a pretty big case here in town. I’m that case, he ruled against the claimant and that closed the wrongful termination case. The injured worker lost his job and was never compensated for his injuries. Coincidentally, he was a minority of the same ethnicity as myself. It just makes me wonder if he never planned on giving me a fair chance from the start.

Let me finish by explaining what I meant by all AA accepting nuisance offer. This case will open the door to allow the employer to terminate any injured worker. Then author their version of event. It will probably start off as an ongoing investigation and they were going to terminate me anyways.

I worked 9 years there and never had any disciplinary actions. I managed the highest volume office in California. I doubt any employer will entrust a bad employee to manage one of their biggest office with the most employees.

I was giving s discharge letter, they said I didn’t follow the handbook. I received the handbook recently and there’s nothing in there relating to what they told me. I never signed anything but I saw the DA pre-trial evidence and he’s listed internal reports with case numbers like I’ve had a laundry list of mismanagement.

That’s my story, if I lose trial, I’ll apologize first to all injured workers. If I can find someone brave enough to make that drive and help me, maybe we can make front page.

I don’t know how a slip and fall injury has led to two ptp, two qme, two third party defense attorneys and I can guarantee they spent quite a bit of money to get a 15 min doctored video.

I would appreciate any ideas to change these judges. I know it’s a small school but they’ve all graduated 1-2 years apart so it’s not too hard to deny a strangers benefits.

Please help, I’ve already lost everything. I don’t want to lose my kids too.


RE: Blacklisted - California_Help - 01-22-2019

I thought there were a few attorney's who said they would take your case? You may have to contact attorney's outside of your area. My attorney was 2 hours away. Your best chance is hiring an attorney IMO, but if you are not able to I will cross my fingers you prevail in court. I suggest writing down a list of things you want to mention at the hearing with your evidence and take it with you. It is common for a denied case (your TTD is denied) to have difficulties finding an attorney.

What you describe with the judge wanting you and the defense attorney to settle the issue is what I saw when I was at court. However it was not the horrible experience you wrote about and I had equal chance to talk. Judges want parties to settle the issue and if it cannot be settled then it will move to a trial. For $25. you can buy the book I recommended by Christopher Ball on California Workers Compensation, and it gives a step by step guide to preparing for court. Just make sure you get the most current edition. (unknown). It is important to remain respectful of the judge, even when you are upset with him.

https://www.amazon.com/California-Workers-Comp-Charge-Injured/dp/1413317111

You also have the choice to take the settlement they offered. Benefits in the work comp system are very limited, and it sounds like you have gotten medical treatment but due to the UR system treatment can be denied later. You mentioned a back injury and you hit your head but that QME stated no surgery and conservative treatment. It is unknown to me what your PD amount would be. I would weight it out and unless you have an injury that will need a lot of treatment, it may be worth considering to settle. Most people in this system end up with much less than if they had been working and not a good place to be long term.


RE: Blacklisted - Lostandconfused - 01-22-2019

(01-22-2019, 06:44 PM)California_Help Wrote: I thought there were a few attorney's who said they would take your case? You may have to contact attorney's outside of your area. My attorney was 2 hours away. Your best chance is hiring an attorney IMO, but if you are not able to I will cross my fingers you prevail in court. I suggest writing down a list of things you want to mention at the hearing with your evidence and take it with you. It is common for a denied case (your TTD is denied) to have difficulties finding an attorney.

What you describe with the judge wanting you and the defense attorney to settle the issue is what I saw when I was at court. However it was not the horrible experience you wrote about and I had equal chance to talk. Judges want parties to settle the issue and if it cannot be settled then it will move to a trial. For $25. you can buy the book I recommended by Christopher Ball on California Workers Compensation, and it gives a step by step guide to preparing for court. Just make sure you get the most current edition. (unknown). It is important to remain respectful of the judge, even when you are upset with him.

https://www.amazon.com/California-Workers-Comp-Charge-Injured/dp/1413317111

You also have the choice to take the settlement they offered. Benefits in the work comp system are very limited, and it sounds like you have gotten medical treatment but due to the UR system treatment can be denied later. You mentioned a back injury and you hit your head but that QME stated no surgery and conservative treatment. It is unknown to me what your PD amount would be. I would weight it out and unless you have an injury that will need a lot of treatment, it may be worth considering to settle. Most people in this system end up with much less than if they had been working and not a good place to be long term.

He told me he was but I need to change the msc date, which he knew I wouldn’t like do. And I needed a civil attorney and I told him I did. He told to get all my evidence and meet him the following week but when I met him. He was not as enthusiastic as before and I didn’t even get to sit down. I was pretty much rushed out. The other one only wanted to do the ppd but he was gonna have a new attorney work on it.

The second DA has not budged from 10k which was lower than the first attorney. I counter 90% and he said he can do 75% but I have to closed everything. I turned it down because the qme said I’m not mmi and I can get better. Shortly after that, the judge told us to go choose a trial judge and date. He kept pressuring me to strike his choice. I didn’t want to at first since it was earliest date but he kept insisting and telling the pros and cons. He said I couldn’t strike at a later date. I happen to choose his classmate and he jumped for joy. That’s why I came home and research.

I thought 104 weeks of ttd would be enticing. If you saw the qme report. There’s no way anyone will turn it down. I’m a regular at the wcab. Everyone there knows my case by now. Some of the guys was teasing one attorney to take my case and he avoided it like it was the plague.

I don’t stand a chance in trial. The judge already left notes to only discuss if the employer were right in terminating me. I won’t have an opportunity to talk. The judge will just strike it.

The DA only listed a handful of evidence and the judge didn’t even bother to look. I’m sure the court reporter was for show because I went to ask for a copy and the I&A officer said she don’t know anything about it.

I went downstairs to another department to ask for records of the judge’ past cases. After I explained that the judge continued two hearings and we never discuss ttd. I said the judge flex his authority and made up laws or pretend he never heard that sdi is 55% of aww and ttd is 66% of aww.

I gave them the name of the judge so I’m sure they’ve tied all the knots by now.

I’m thinking about talking to the presiding judge. After that, maybe the Mayor. This can change the landscape of workers comp. I will lose medical even though the qme report says arose in and out of the course of employment.

I want to know if he’s defended the IC in the past. I need to remove his decisions to set trial. They never gave me any copy of the pre-trial evidence. They could have added things after I left.


Thanks California help.


RE: Blacklisted - Lostandconfused - 01-23-2019

(01-22-2019, 06:44 PM)California_Help Wrote: I thought there were a few attorney's who said they would take your case? You may have to contact attorney's outside of your area. My attorney was 2 hours away. Your best chance is hiring an attorney IMO, but if you are not able to I will cross my fingers you prevail in court. I suggest writing down a list of things you want to mention at the hearing with your evidence and take it with you. It is common for a denied case (your TTD is denied) to have difficulties finding an attorney.

What you describe with the judge wanting you and the defense attorney to settle the issue is what I saw when I was at court. However it was not the horrible experience you wrote about and I had equal chance to talk. Judges want parties to settle the issue and if it cannot be settled then it will move to a trial. For $25. you can buy the book I recommended by Christopher Ball on California Workers Compensation, and it gives a step by step guide to preparing for court. Just make sure you get the most current edition. (unknown). It is important to remain respectful of the judge, even when you are upset with him.

https://www.amazon.com/California-Workers-Comp-Charge-Injured/dp/1413317111

You also have the choice to take the settlement they offered. Benefits in the work comp system are very limited, and it sounds like you have gotten medical treatment but due to the UR system treatment can be denied later. You mentioned a back injury and you hit your head but that QME stated no surgery and conservative treatment. It is unknown to me what your PD amount would be. I would weight it out and unless you have an injury that will need a lot of treatment, it may be worth considering to settle. Most people in this system end up with much less than if they had been working and not a good place to be long term.

California help?

I picked up copies of the minutes hearings and I noticed that the last one was signed by a different judge. The other two was sign by the hearing judge.

I remember that the judge handed the pre-trial forms to the court reporter and she handed them to the defense attorney. I went back yesterday and the defense attorney was there so he gave me copies.

Can another judge sign the minute hearing?