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Current Mood: Important

ya, it’s been months without any type of a real update on here. so here I go on a rant with tangents and labor code references.

General Status: somethings are moving along, others seem more futile.

Not sure if I’ve mentioned on here that I am working again finally.  Only part-time for a ISP, but it’s something, I feel productive again, and my job title is the same as my last job with Eyematic.  But ya, I’m still getting a major refresh, along with having to expeditiously relearn all that I had forgot in my past jobs.  Not being able to work for as long as it was, was distressing to say the least. [tag]SCIF[/tag] obviously didn’t want to help me with getting back to work, or with my work rehabilitation benefits which were due, and have since expired, and now at the end of this year are going away completely, and if I am to recover this benefit I need to file more bullshit paper work.

So using Google to search for California Labor code information kinda sucks, ca.gov should be within the first 10 listings, California’s issue, or is it Google’s?  Anyways, much of the labor code and processes is distressing, and in my situation I feel it is more in [tag]SCIF[/tag]’s favor unfortunately much of the time, because they DELAY for MULTIPLE YEARS, MONTHS at will. Well it’s plain to see that Labor Code 5814.(G) states;

(g) Notwithstanding any other provision of law, no action may be
brought to recover penalties that may be awarded under this section
more than two years from the date the payment of compensation was
due.

SCIF could care less because there is no protections for me in the Labor Code in this regards.  and there is no labor code which reads something like, “An unreasonable failure to pay self-imposed penalty for delay or denial of medical treatment”, that way the insurance companies are better self-regulated.  As a Pro Per Injured Worker, it’s a fucking pain in the ass dealing with form after form, duplicate mailings, trying to remember everything, and then I come across this tidbit while reading.

“Unreasonable denial or delay of proper TTD payment at correct rate per LC 4661.5;”

Presently SCIF is improperly paying me, and their excuse is they are too busy.  Honest to god answer from today, 2008.11.13.

RE: TTD payments (wage loss).  I decided to pay you on the basis of your
working 40 hours every two weeks because neither Robert nor I have the
time to chase the information down from your employer. We are probably
overpaying you if you are working more than 40 hours, but we may assert
that later and ask the court for permission to deduct it from other
benefits.

Tom Donovan
(818) 291-7078

(my emphasis)

Mind you 2008.09.25, I was told by the SCIF employee in charge of my TTD benefits something different.

My job is to call the employer to how much hours you worked every 2
weeks.  Not the employee. I would really prefer to call your employer
instead, than call or email you everytime I need information.  Could you
please give us the number of your employer.  The number of your employer
in our records is invalid.

Thank you.

ROBERT P. MORDENO
Glendale District Office
(818) 291-7816

So Ya, My Dad came to visit Monday-Weds this week for the WCAB court date early Wednesday morning.  Apparently this WCAB whatnot was only for ONE main issue, and not all the issues which were to be addressed as ordered previously back in September.  not too sure, it just aggrevates me why we can’t get get all the shit out there when we’re all there, and it’s so goddamn informal as it is.  There is no court reporter.  It’s just me the SCIF lawyer; Arduino, The Judge, and my Dad.  Hell I wouldn’t be where I’m at with the hush hush process, unless I “crashed” a hearing for my case back in August or was it July?  I certainly didn’t crash it, they knew I would be there, I told them.  I even had the right at that time to bring up the issues which somewhat were addressed as I said.  It just doesn’t make sense, do they not see I want to get this shit handled post haste?  Tick tock tick tock, I was 20 when this started, 28 now, and fuck if I have had any real closure or sense of release from the bear trap which my leg is ensnared.

From what the Judge, and the SCIF attorney say, my case is very unique, possibly groundbreaking and I think very likely to gather attenion in the near future.  It’s plain interesting to me, when a quasi-state run entity chooses to completely ignore state law for federal law.  I stand by a good argument which is written on the California Division of Worker’s Compensation website.

Injured workers are entitled to receive all medical care reasonably required to cure or relieve the effects of the injury, with no deductible or co-payments by the injured worker. For dates of injury on or after Jan. 1, 2004, an injured worker is limited to 24 chiropractic and 24 physical therapy visits.

At this time I won’t mention the particular California law which states my chosen medical care to be reasonable for relief from the chronic pain.

I really wish I was able to easily print the pages labeled; 114-115, 209-214, 412-420; and even a few hidden pages that are within the ranges.  Also page 426 has an interesting table, but it’s for in a section for post operative amputee’s.

http://books.google.com/books?id=q0Wx5VHo1HoC&pg=PA415&lpg=PA415&dq=california+reasonable+for+relief+from+the+chronic+pain&source=web&ots=FY1Hp3E0Yv&sig=b-nocJzh8GKYGYivFT27E2_SkE0&oi=book_result&ct=result&hl=en#PPA415,M1