Name: WheepingWillow

Location: Kentucky

Sex: Female

Status: Single

KY ABUSE AND MEDICAL NEGLECT, HAPPENING TO THOUSANDS OF INJURED WORKERS IN KENTUCKY BY THE CORRUPT SYSTEM AND WORK COMP INS. CARRIER

Posted: 2/19/2008 at 02:53 AM

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February 18, 2008

To my misfortune I became disabled both physically and occupationally in 1985 due to two separate work related injuries, one to my left ankle and the other to my low back. I've been homebound for all intended purposes for the past 7 yrs. other than getting to my doctor and the grocery store. I pay dearly for that with additional pain in doing so.

My former self insured employer, United Parcel Service ironically prides itself with contributing to the disabled community, however it condones it's own abuse and neglect by it's representative insurance company, Liberty Mutual Ins. and it's non compliance to the KY work/comp law's through their arrogant and blatant disregard of their Orders to take care of the injured employee's.

They had 30 days to furnish me a wheelchair, back when my first prescription by my orthopedic had been written in 1986, along with a prescription for my need for aqua-cise (warm water swimming) which was/is, my only means of exercise, in order to maintain my health and thwart muscle atrophy. Their years of ignoring and contributing to medical neglect and abuse has in fact, brought on this very thing.

Our attorney's no longer represent us, when issues arise AFTER, they've won us our benefits. We are at the mercy of the Insurance cartels in their abiding to they're Orders, yet don't, they simply ignore and dismiss them.

16 yrs. my doctor periodically sent letter's begging Liberty Mutual to reconsider, as well as to view me as a person, and not, just a number on a page, to treat people with dignity and respect, something all people deserve. These of course fell on deaf ears and blind eye's. My doctor nor I knew what more to do. I spent 4 years of those 16 years trapped in my home, a prisoner, contemplating suicide on a regular basis, because I was not only in pain, but being forced to endure further destruction of my left ankle which had no cartilage, forced by them to continue walking on an injured ankle. It was either die or find a way to fight the injustice. It is medically documented that having done so, has destroyed my right knee, as I was forced to shift my weight to my right side while standing, totally depending on it to get up and to sit down, this cause a meniscus tear where it to must be totally replaced.

The only course of treatment was pain medications and steroid injections or the oral form thereof. 26 yrs of that has now destroyed both my hip joints, they now also must be totally replaced. I found out to late for myself, but that just 3 months of steroid use can destroy your bones. It's called Osteonecrosis, DEAD BONE. It effects all major bone joints. I've not had my shoulder joints x-rayed as yet, but I was told it has probably destroyed all of them now. They forced me to use my leg's and rely on my right side destroying my right knee and causing a meniscus tear, the dead bone is there now as well. Just further destruction. The left ankle needed replacing years ago, however medical technology hadn't come up with anything which lasted when my injury occurred. As for my back injury, the only alternative for it, since no surgery would alleviate my pain, numerous doctor's, recommended a back implant. This device stops the back pain only, by connecting wires to the spinal nerves, thus stopping the pain message from reaching the brain. United Parcel Service and Liberty Mutual refused this as well. Now I can't sit up for any length of time without enduring additional pain. I do however have a tens unit which is a neuro muscular stimulator, to put it simply it sends electrical shock waves to your muscles in order to tire them out thus helping with the muscle spasms. This would allow me to at least bend without having to go to the emergency room, for more steroid shots.

I will not further subject myself to anymore steroids in any form for any reason, ever again.

My leg muscles have weakened and atrophied all because of United Parcel Service and their insurance carrier Liberty Mutual Ins. deliberate abuse and medical neglect by their disobeying their ORDERS.

We injured workers in Kentucky and I say we, because I have a letter from the now ex-Head of the Dept. of Workers Claims, Mr. Emrick, stating they receive 12 calls per day throughout the year, from injured workers crying out for and needing help, due to the insurance carriers not caring for them. He also stated this was a low estimate of calls. Do you suppose ? That relates to 3,120 people across Kentucky.

We injured workers must actually train ourselves in the laws of work comp as best we can forced to face off with high paid attorney's, in order to FIGHT TO SURVIVE, fight mind you for what we've already WON. This is ludicrous and shear madness in and of itself.

Mainstream media will not cover this story, as they apparently don't think it's an important enough issue to bring to the public eye, this is why I have brought it to this site as well as it's being on YouTube shortly, in order to save my life and gather the masses of injured workers to RALLY together to confront the injustice being done to us . I've sent emails to all radio stations in this Commonwealth, newspapers, television stations even other than the main ones. I've sent hundreds of emails to all of our 100 State Representatives, 38 Senators, Congressmen and even our now ex-Governor Fletcher. I've spoken with Sen. David Boswell which stated they won't get away with what they're doing to me, yet I see no one stepping up to the plate so to speak, to help me, or the thousands of others. I've also spoken with my State Rep. Jim Glenn, again no help. Who are we to call out to ? We only have each other. Do you want your voice, to be heard. Then contact me.

KY law forbids (as I'm told), attorney's from being paid on a Reopening under Medical Fee Dispute. This is where the insurance companies can dispute whatever your doctor has ordered or prescribed for your care relating to your work injury. Attorney's can only be paid when a case is first initiated and taken on a contingency fee basis, this is when they get paid at the end of the case. However, the Insurance Companies only have 30 days, to yea or nay whatever that care, device, prescription, etc, or else THEY MUST, according to law, Reopen to debate and the burden of proof lies on them.

I was anonymously sent some of the work comp laws governing re-openings by someone

at the KY Dept. of Workers Claims. I studied those laws for about a year and successfully and single handedly reopened my own case in 2001 to fight for the wheelchair, an electric lift to transport it on my vehicle, something I've needed since 1985, as well as a van. I WON in 2002, both the wheelchair and the wheelchair transport lift. I was denied the van for the mere fact that the Board had no previous case to give such an award. Ridiculous on hindsight, since there must always be a first case. I wasn't versed in the laws as well back then, as I later found, I could have appealed that decision to the Court of Appeals, and on to the Supreme Court if need be.

The Board however, could and should have rendered what's called a Default Judgment since United Parcel Service and Liberty Mutual Ins. hadn't filed anything within the 30 days statute of limitations time ran out, when they denied my prescription. But, I didn't know enough about the law to ask for that back then. This has been a learn as you go folks. So, I hope this message teaches others out there how you can fight back, and hopefully win too. But, be aware that the insurance company as well as the Dept. of Workers Claims will hold contempt toward you for doing so. Just a WARNING !They have misguided me, given me wrong information, both the attorney's on staff as well as some of the work comp specialists, which are trained to help us. In spite of my not knowing all the laws back then, the Board itself could and should have placed sanctions on United Parcel Service and Liberty Mutual Ins. for their bad faith actions and deliberate abuses and medical neglect, but they didn't. They protect them, that is clear and an evidential FACT.

We're out here on our own folks, with no one to rely on but our own tenacity and each other. You don't have to be, join with me, rally with me, let's get some answers together. Let's go to Frankfort and ask our politicians WHY ? Why does the KY Dept. of Workers Claims allow these abuses and medical neglect to continue. It appears they get financial kick backs from the insurance carriers. Where's OUR help, where's our trustworthy reliable sources and our guidance ? They are suppose to help ALL including the attorney's which fight us to keep us down and out, kicking us literally in our teeth when we're already on the ground !

Flashing forward to what is being done to me now as well as the other thousands.

Numerous prescriptions had been sent to Liberty Mutual Ins. for my continued care, again aqua-cise which is warm water swimming, back implant, a gueen size tempur pedic bed which works like a hospital bed with heat/massage and stamped with the approval seal of the Arthritis Foundation. I have not been able to sleep in a regular bed for many years, and have had to sleep on a waterbed due to my back injury and the osteoarthritis brought on by that injury sustained at work. I can't use my left ankle to bear all my weight in the attempt to get out of my bed, nor can I any longer rely on my right side and knee as well as my right hip to get out of bed on that side of my body either. Then there still is, all the joint replacement issues on top of it all. United Parcel Service and Liberty Mutual Ins. again denied everything simply by ignoring it all, as has been their practice to do. Also, past the 30 day statutory time frame to do so. This forfeits and waves their right to reopen, to litigate why they shouldn't pay for the necessary medical treatment, equipment or whatever had been prescribed.

The Chief Administrative Law Judge Sheila Lowther, which held this position when I reopened my case in 2001, of whom, I had her decision overturned/overruled which apparently and evidently upset her, that this lay person, which has no legal training won her case. She is still the hierarchy in that position, and who has single handedly allowed this illegal reopening, for no other reason, in my view, but to pass out a little vindictiveness, on her part towards me, from the past. The other reopening case went through the proper protocol of the Board's decision. Not the case this time around, it was her decision alone. I have no doubt my name rang a bell.

The KY Dept. Of Workers Claims isn't even abiding by the laws themselves. So, how is it we injured workers have help from a Dept. which is there to help all, even those which can afford the expensive law firms ? It's a system designed to help the insurance companies line their pockets and that's it. I can't help but wonder what the monetary value totals up to, in their kick back, don't you ?

When my case was filed in 1985, those are the laws to which they are to abide by, yet don't. They must apply the laws written and unchanged from 1980 through 1987. That Kentucky Revised Statute called KRS 342.125 states verbatim,

and I quote: Review by Board of Award or Order:

(1) Upon its own motion or upon the application of any party interested and a showing of change of conditions, mistake or fraud or newly discovered evidence, the board may at any time review any award or order. Unquote.

NONE of these reason's were used nor applicable to this cases reopening, and the case not only shouldn't have been reopened, United Parcel Service and Liberty Mutual Ins., forfeited their right to do so according to the statutory time limit of 30 days.

Besides my dealing with this clear and unlawful reopening and the ignoring of the law's by the KY Dept. of Workers Claims, the attorney's for United Parcel Service and Liberty Mutual Ins. with myself being the only one abiding by the law's of work/comp, I am dealt a self professed prejudiced Administrative Law Judge attesting to such in a taped phone Hearing held July 2, 2007, whereupon he states he'll only be viewing the evidence submitted by the attorney for United Parcel Service and Liberty Mutual Ins. When I asked, what about my evidence ? He replied, send it to me. I then responded with, your Honor, I sent it October or November of 2006. (this was 9 months later, mind you). I said, I don't suppose the Court has had the time to review that, he said, no. I then asked him, " How then can you shortly render any Order pertaining to this case if you haven't ?" He made no response. In fact the attorney jumps in and asked, " What did she say?" Then the Judge, recants all that I had said and still made no remark to my question. I'm simply ignored.

For informational purposes, those of you out there, which are governed by work/comp, know that these are NOT real judges of the legal justice system, they are appointed to deal with these cases through the Governor's office. Kind of misleading don't you agree ? For the purpose none other than for them to obtain the instantaneous respect given them. I have my doubts as to whether he even has a license as an attorney. There is a scheduled phone hearing slated February 14th. The update to that, is at the end of this notice/blog. You won't believe what happened then.

So, now it's come to United Parcel Service and Liberty Mutual Ins. coming into my home and taking my lift chair, which helps me to stand up and sit down, my electric wheelchair, stop all my medical benefit's, which would include the medications I've been on for approximately 26 years. The only thing which has held my pain at a bearable level, though getting more difficult. This Judge is electing himself as my doctor, more knowledgeable than my doctor's, by his admitted self proclamation in determining, whether United Parcel Service and Liberty Mutual Ins. will be held accountable to pay for my disabilities, something mind you I've already had an attorney which fought for all this and won, holding them both responsible for the remainder of my life, as every doctor has written letter's attesting to the medical necessity for lifetime. That issue was never even brought before him to begin with, but he brought that up in the hearing of July 2, 07, just adding issues, as he wants.

I am against a fence, between a rock and a hard place people, I don't wish to die, however, if the gavel comes down and the verdict is handed out, illegally mind you, as this is a farce, a mockery of the system of work comp, then I won't survive their devious, planned design, and plot to kill me off. I've cried out to the land, screamed here and there, turned over every stone in Kentucky, seeking help and there is NONE to be had. We ONLY HAVE EACH OTHER TO RELY ON FOR OUR VOICE TO BE HEARD. HELP ME TO SEND A CLEAR MESSAGE TO OUR POLITICIANS TO STOP THE ABUSE AND MEDICAL NEGLECT. TO SANCTION THESE COMPANIES WHICH PRACTICE THESE ABUSES AND PUT A STOP SIGN, IN FRONT OF THEIR FACES. I'm only one voice of the estimated 3,120 thousand others in KY, and that was said to be an inaccurate and low estimate. Do you figure ? I mean if you've been treated as I have been, do you think we can take their word, on that being an actual fact of truth. I think NOT.

Maybe IF YOU, call them, and certainly make contact with me, we can do something together, the more heads together the better, is what I've always believed. I have filed all the proper Motions and Orders etc. such as Full Disclosure, Default Judgment, Judge Recusal which is where he's to step down off this case, all denied or ignored.

Whether I live or die will ultimately be up to those which see this plea for your help, this is a blue collar issue, we are the nuts and bolts which keep this country running and we should not be treated this way by anyone, a video will shortly be on YouTube and you may contact me through it WheepingWillow or through this site, as well as my personal email address. May you step up and join with me. May God help me for it seems no one else will.

Where is our help, where is our hope, where is our justice.

Call them, won't you ?

Judge Richard Joiner in Madisonville KY. 270-824-7600 Presiding over the case presently.

KY Dept of Workers Claims in Frankfort KY 502-564-5550 and 1-800-554-8601 the dept itself and Chief Administrative Law Judge Sheila Lowther are the first and second monkey's on my back as they should stop these insurance companies from doing this and don't. This place is definitely part of the problem in Kentucky !

Jones, Dietz & Swisher in Louisville KY 502-420-1921

Att. Dietz and Christopher Newell Attorney's on the case representing United Parcel Service and Liberty Mutual Ins. culprits, guilty of the abuse and medical neglect, and the third and fourth monkey's on my back.

Liberty Mutual Ins. Co. in Indianapolis IN 317-582-1700 and 1-800-752-5832 ext. 463 which is my appointed ins. representative who threatened me Carmelo Deogracias this place and it's representative named here signed a sworn affidavit that I had retrieved his private unlisted home number when all one must do is call information. He deliberately set it up that I was not to receive my monthly medications unless their third party Progressive Medical which pays for the medicines was informed by Carmelo Deogracias to contacted HIM personally FIRST and prior to my getting my medications from my pharmacy, this causing a life and death situation and he darn well knew it. Sure I called the jerks home, he caused an unnecessary problem. Then this idiot states he's afraid of me. I can't stand for too long, can't keep my balance, certainly can't drive the distance to his home and in a wheelchair to boot. Maybe he thinks I have special powers or something LOL LOL, or I have a rocket booster on my wheelchair to run him over with or something and then hurry to get away. What an absolute idiot. But, then he provokes people to anger and causes them misery. I suppose his past haunts him for what he does and how he treats people. However, I doubt this greatly, as he's inhuman and has no conscience other than if something were to effect him. I think psychologists say people like him have schizophrenics/psychopathic type personalities. It fits him to the tee. He didn't bother informing me, of this, when he left for the weekend and I found out at the last minute. He's a liar as are their insurance attorney's. Both of them signed a pack of lies. Which their accusations were dismissed by the way. But, all the same they both should have been fined, and as for the attorney, he should be disbarred. I'll look into a complaint on that later. These are the fifth and sixth monkey's on my back and quite frankly I'm tired of carrying them as I'm certain you are as well, with your own trouble with your insurance carriers.

Together we can get answers, hopefully change the laws, but to bring awareness to our politicians and media. We need a movement, in order to get our voices HEARD ! Contact me on this site, on YouTube.com when I get my video up and running through WheepingWillow, and others I'll post soon and or my direct email address, Cherokeetallwm@aol.com.

Please watch my video posted on YouTube http://www.youtube.com/WheepingWillow2

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Michael wrote on Feb 23, 2008 at 1:08 PM
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I see I have finially met another "discriminated equal"!!! I have experienced very similar circumstances as you, and still have been fighting to this day!!

Things are really beginning look like everything concerning law, disabilities, and local govt, have set up this system co complicated, without any assistance for disabled to utilize the system, or contuning to discriminate because of LAZY non-disabled workers, who steal a paycheck each week from the govt. I know the system, I watched it for 17 years working for the UWEC disabled.. and then after 17 years of discrimination,,, FIRED,, stating I had an work ethic problems, and didn't care about my job to work hard enough to keep it!! I had to work through my breaks, and lunches, my work was scrutinized closer, and repremanded for equal acceptable violations on a non disabled worker. I noticed, at disiplinary hearings this same discriminating man, was wearing one of those medical bracelets, I assume his motive for discrimination falls in the catogory, that possibly his medical issue, is not one that qualifies, to the government for disability, hence,, years of discrimination, and not just me, any employee with a discovered disability. I found that while working, and being fired,, (I was placed by D.V.R.) for the UWEC Eau Claire,,State of Wisconsin,,, Placed into a protected workplace because anyone hiring disabled, knows there will be issues in the workplace. I was fired after taking time off for my father's funeral!!! I asked, begged, kicked and screamed, asking for assistance, asking for some kind of accomodation,, all the state did for me is ask me what my disability required?... and since I am not an expert in DVR, or what to do? My honest answer, because of TBI, was I don't know, I'm not a specialist in accommodating my disability. The next step my supervisor tried after asking for an accommodation, was trying to have me sign a medical release to HIS!! person... office, not HR, not any qualified personell, he wanted my medical records for his personal use against me!!! I did not sign!! No employer has a right to ones personal medical records, and to all of them! They only have the right to know how ones disability may or may not interfere with work duties, so an accommodation can be made. I was harrassed and disiplined, and fired immediately after my fathers death!! I was taking time off for him also, he died from colon cancer. This man was the only person in the world that cared, about me, and protected me since my accident. This same supervisor was sued by another disabled worker, and won!! I went to lawyers about the same thing, and no-one would take the case!!????? Keep reading my blogs.. I will figure this out,,, I guess that is why I am a computer tech,,, I do enjoy problem solving,,, but not at this level!!!!
Michael wrote on Feb 23, 2008 at 5:00 PM
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I see I have finially met another "discriminated equal" here on disaboom!!! I have experienced very similar circumstances as you, and still have been fighting to this day!!

====================================================================================================================================================================

Things are really beginning look like everything concerning law, disabilities, and local govt, have set up this system co complicated, without any assistance for disabled to utilize the system, or contuning to discriminate because of LAZY non-disabled workers, who steal a paycheck each week from the govt…. I know the system, I am not able to use it because of my disability!!!!!!! Because my disability is mostly mental, not as much physical,, I watched it for 17 years working for the UWEC disabled.. and then after 17 years of discrimination,,, 3 years short of retirement!!!! FIRED,, stating I had an work ethic problems, and didn't care about my job to work hard enough to keep it!! I had to work through my breaks, and lunches, my work was scrutinized closer, and repremanded for equal acceptable violations on a non disabled worker. I noticed, at disiplinary hearings this same discriminating man, was wearing one of those medical bracelets, I assume his motive for discrimination falls in the catogory, that possibly his medical issue, is not one that qualifies, to the government for disability, hence,, years of discrimination, and not just me, any employee with a discovered disability. I found that while working, and being fired,, (I was placed by W. D.V.R.) into the UWEC Eau Claire,,State of Wisconsin,,, Placed into a protected workplace because anyone hiring disabled, knows there will be issues in the workplace. I was fired after taking time off for my father's funeral!!! I asked, begged, kicked and screamed, asking for assistance, asking for some kind of accomodation,, all the state did for me is ask me what my disability required?... and since I am not an expert in DVR, or what to do? My honest answer, because of TBI, was I don't know, I'm not a specialist in accommodating my disability in the workplace, The state is already paying someone to do this.. But where are they???? The next step my supervisor tried,,, after asking for an accommodation, was trying to have me sign a medical release to HIS!! person... office, not HR, not any qualified personell, he wanted my medical records for his personal use against me!!! I did not sign!! No employer has a right to ones personal medical records, and to all of them! They only have the right to know how ones disability may or may not interfere with work duties, so an accommodation can be made. I was harrassed and disiplined, and fired immediately after my fathers death!! I was taking time off,, medical leave without pay,,,,(protected) for him also, he died from colon cancer. This man was the only person in the world that cared, about me, and protected me since my accident. This same supervisor was sued by another disabled worker, and won!! I went to lawyers about the same thing, and no-one would take the case!!????? I am experiencing the same treatment from the Eau Claire WI. Court system, concerning violation of child support laws,,, More discrimination!!! We voted, we put these laws into our government for reasons, good reasons,, spent taxpayers money to debate this issue until it became a law, spent taxpayers money to hire people to (ignore the law?) / enforce…?? I am disabled, when I was tricked by child support reprehensive, James Harnish, to come to the courthouse to pay an outstanding ticket I was not aware of, I was told on the phone by him, my disability and child support issues, could not be addressed until that ticket was paid,,, only to arrest me, inconvience my fiancee in a strange town, and after all that… no assistance from the system other than to continue to discriminate!!! It’s really funny,,, but it’s not… listen to this,, when I was on SSDI, and arrested,, with my SSDI back pay of thousands $$$ in the bank,, I was able to receive a FREE lawyer, who represented me, about the tickets, which I had already paid,,, remember, that is why I was there… I didn’t even have to appear!!!!!! It was dismissed!!!!!! I have tried to get a free lawyer,, just as before,,, for the child support,,, for my identity theft and tax issues…. now I make too much??? Another SSDI catch 22!!!! So many rules,,, no advocates for the disabled. I have to pay extra,, minutes, phone calls,, and live a life burdened and discriminated by the system. Maybe I’m going to have to try the criminal route,,, that so many do.. Fraud,,, Being honest has not paid off at all for me here!!!! I am aware of what a 3rd world country will pay me for my computer knowledge. I know there are leggless people walking with sticks, and rags on their stumps. I know I can go into their country,, and with my disability, blend in, and live like a KING!! Disabled life in many other countries is not such a big issue,, because their government practices EQUAL discrimination,, discriminates even the healthy! They have no SSID,, gee, something I have lived without since my accident,,, until recently….. I am a learner, I learn slowly,(some things better than others) It may take me years,,, I DO have excellent long term memory with my TBI, so I am still able to process, and understand and recognise, (many times at the wrong time,, to late..) a bad situation but when professionals, who are paid to do their job and protect me, don’t because they are either motivated by greed, jelousy, or their own physco issues… I’m livin in the wrong country!!!====================================================================================================

I would love to become an advocate for the disabled, I believe every disabled person should do whatever they are able to whether it be, filing a complaint as a lawyer,,, to keep on kicking and screaming until I either get these issues resolved,,, (govt issues that will never go away..) Judging by what I have spent since the govt, declaring me disabled, and what I am having to spend every day, fighting this discrimination,,, I know I can live comfortably running my own business in another country… the Govt. can keep it… they are only going to take it away anyway….

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KY ABUSE AND MEDICAL NEGLECT, HAPPENING TO THOUSANDS OF INJURED WORKERS IN KENTUCKY BY THE CORRUPT SYSTEM AND WORK COMP INS. CARRIER

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