Los Angeles Unified School District (Photo credit: Wikipedia)
Note: Los Cerritos Community Newspaper allows for our readers to submit their own “investigative” articles. This is from Rozy Press, a resident of Los Angeles. The opinions are strictly those of the author.
By Rozy Press
Workers’ Comp Corruption Breaks the Law and doesn’t follow Judicial Ethics as Judge Jerold Cohn and Dr. John Stalberg Lowered my Rating and Denied my Benefits. This is clearly shown in my documented LAUSD Workers’ Comp Case. My LAUSD Workers’ Comp Case is now 12 1/2 year old. LAUSD Admitted my WC case in 2002 as an “Act of Violence” meaning physical injuries from being sprayed in my face with toxic chemicals by my student. All documented and I’m totally disabled from being sprayed.
The goal of LAUSD in my Workers’ Comp Case, as they broke the Law, was not to provide the necessary medical treatment and care that I so desperately need. Or even pay me at all as the Law requires. In order I believe to accomplish this Rating was lowered and my Benefits were denied. WCAB Trial Judge Jerold Cohn made a medical diagnosis, changed all the facts in my case and not followed the Decision of the WC Appeals Board. Then “partnered” with Dr. John Stalberg who changed all the facts and adopted Judge Cohn medical diagnosis. Dr. Stalberg admitted under Oath that he hadn’t seen me for years or even wanted to. He didn’t even have the evidence to prove the medical diagnosis. But, he didn’t care. And then wrote a $16,770-$700 a page “Bogus” unsubstantiated Medical Report.
Workers’ Comp Corruption, Fraud and Injustice all to Lower my Rating and deny my Benefits
I was an art teacher at Sepulveda Middle School in the San Fernando Valley near Los Angeles, when on December 8, 2000 I was sprayed in my face with the toxic chemicals from a fire extinguisher by one of my students. I was gasping for air, and my tongue was swelling and my nose was closing. The rest of my students were exposed to the chemicals and they were also getting very sick. Another LAUSD teacher died (7/2012) from being sprayed (6/2000).
Neither paramedics nor Hazmat clean-up were ever called, and 180 of my students sat exposed to the toxic yellow powder from the fire extinguisher which coated surfaces all over the room for months. I have documented lung damage, Fibromyalgia, pain, and exhaustion. Dr. Silverman, a rheumatologist, rated me 100% disabled due to now having Fibromyalgia from being sprayed at work. I have a LAUSD 12 1/2 year old, Admitted 2002, “Act of Violence” meaning physical injuries from being sprayed with the toxic chemicals. I was receiving benefits until 2009 when they were cut off.
Since then, all LAUSD and Workers Comp have wanted to do was Delay my case, Lower my Rating and Deny my Benefits. Judge Jerold Cohn and Dr. John Stalberg in partnership did just that for them. And now my health is deteriorating. I can’t pay my mortgage. I can’t pay my bills. And at times I do not have money for food. They did it by Lowering my Rating-Violating Insurance Code 1871.4, committing Fraud and breaking other laws. My Case went all the way to the Ca. Supreme Court. Not one judge would base their Decisions on the substantiated evidence and make a fair, just and impartial Decision as required by Judicial Ethics. I wonder, Why? The long arm of LAUSD? Judge Cohn?
The Van Nuys Workers Comp Board (VNWCAB) Trial Judge Jerold Cohn made a medical diagnosis. He is not a doctor. He changed all the facts and testimony, added his own facts, and used inadmissible evidence. He changed those facts. He refused to give Dr. Silverman’s medical reports to Dr. Stalberg as the Workers’ Comp Appeal Board requested 4/1/2011. He delayed my case, maligned my character, and libeled me throughout all of his Findings, Opinions and Decisions. Judge Cohn went after me with a vengeance, vile and disgusting statements.
Dr. Stalberg’s 2005 Medical Report gave me a 100% Rating-credible and cooperative too. The Workers’ Comp Appeals Board in 2011 deemed Dr. Stalberg’s 2008 Medical Report unsubstantiated. My case was sent back to Judge Cohn to have Dr. Silverman’s, the Rheumatologist, medical records sent to Dr. Stalberg. Judge Cohn refused. Judge Cohn refused, made his own medical diagnosis and changed the facts again.
He found a willing “Partner in Crime” Dr. John Stalberg. He changed all the facts to adopt Judge Cohn’s medical diagnosis. LAUSD paid Dr. Stalberg $16,770 – that’s $700 a page – for his 2011 Medical Report. Dr. Stalberg hadn’t seen me, talked to me, or examined me for 4 years. He admitted under Oath, in 2012 that he didn’t even have all the medical records, or the evidence to prove Judge Cohn’s medical diagnosis. And he didn’t care.
Another “Partner in Crime” was Dr. Alvin Markowitz who did a stethoscope exam to determine Fibromyalgia instead of the standard pressure point exam. No ethical doctor uses a stethoscope to determine Fibromyalgia.
Criminal Fraud, Corruption and Injustice – that’s my Ca. Workers’ Comp Case. I will be more than happy to provide any of the documented evidence that you would like to see. Millions of Ca. Injured Workers experience the same criminal corruption in their California Workers’ Comp Cases. Please help to Save Lives and Change the Laws.
It’s time for All Workers, All Injured Workers’ to Unite. UNITED WE CAN WIN!
Thank you again,
Rozy Press
Los Angeles, CA
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Dear Rozy:
This is the unfortunate reality for countless thousands of seriously injured workers in the state of California. The system is systemically corrupt and completely dysfunctional by purposeful design.
Let us not ever forget that the Insurance Industry runs and controls every aspect of Workers’ Compensation. The Insurance buys Sacramento from the governor on down. They control the legislation, they write the laws, they control the vast majority of appointees; including judges, appeals board, all the committees, “including the judicial ethics committee”, medical unit, the IRB, and the majority of doctors.
The Workers Compensation System is by purposeful design formulated to deny reasonable benefits and medical care to legitimately injured workers. in direct opposition to the promise stated clearly in the State Constitution.
California Constitution Article XIV Labor Relations Section 4
The Legislature is hereby expressly vested with plenary
power, unlimited by any provision of this Constitution, to create,
and enforce a complete system of workers’ compensation, by
appropriate legislation, and in that behalf to create and enforce a
liability on the part of any or all persons to compensate any or all
of their workers for injury or disability, and their dependents for
death incurred or sustained by the said workers in the course of
their employment, irrespective of the fault of any party. A complete
system of workers’ compensation includes adequate provisions for the
comfort, health and safety and general welfare of any and all
workers and those dependent upon them for support to the extent of
relieving from the consequences of any injury or death incurred or
sustained by workers in the course of their employment, irrespective
of the fault of any party; also full provision for securing safety in
places of employment; full provision for such medical, surgical,
hospital and other remedial treatment as is requisite to cure and
relieve from the effects of such injury; full provision for adequate
insurance coverage against liability to pay or furnish compensation;
full provision for regulating such insurance coverage in all its
aspects, including the establishment and management of a state
compensation insurance fund; full provision for otherwise securing
the payment of compensation; and full provision for vesting power,
authority and jurisdiction in an administrative body with all the
requisite governmental functions to determine any dispute or matter
arising under such legislation, to the end that the administration of
such legislation shall accomplish substantial justice in all cases
expeditiously, inexpensively, and without incumbrance of any
character; all of which matters are expressly declared to be the
social public policy of this State, binding upon all departments of
the state government.
The Insurance Industry is a multi-billion dollar a year money making machine. They are at the very top of the heap when it’s comes to “to big to fail, to big to hold accountable” corporate behemoths.
The courts, legislature, and media do not dare challenge their interest. they are off limits.
So until there is a people’s revolution, injured workers will continue to be unjustly demonized and considered throw away commodities. Unfortunately the general public buys the industry propaganda, at least until they or a close loved one are the one that is cast into this workers compensation vortex of inhumane injustice.
The workers compensation promise and great compromise to workers hasn’t just been broken, it has been so trampled upon and obliterated…it is in everyday functional reality non-existent.
My best wishes and prayers go out to you, as you continue this fight for all the injured worker castaways of California.
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“INJURED WORKER”
Thank you for taking the time to reply to my Article. Your “Comment” was Great. And so well written. You hit all the important points. I said the same things when I spoke at Gov. Brown’s LA Forum. Millions of Injured Workers, their families and friends agree with you. We need our own Medical PlanBill. Not one Bill after another that’s a Death Sentence for Injured Workers.
May I use your “Comment” and get it Posted too.
It would be a Blessing. It’s time Injured Workers
and All Workers Unite.
Thank you so very much and Be Blessed,
Feel free to Contact me Rozy Press
[email protected]
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Sadly, we have heard this before. It seems fire retardant, like Agent Orange, is not only harmless, but part of a healthy diet. Corporate America has been killing us for years. But the positions our government increasingly takes against its own people are perhaps more heinous in themselves. The Judiciary is to be a redress against injustice rather than the source of injustice. Sadly, whether speaking of the recent “Citizens United” case or this one, the Judiciary more and more sides with Corporate America, with the rich and powerful, rather than the average “Joe”, the average “Rozy”.
We should all toast to Rozy. May I recommend a tall, cool glass of fire retardant, or an Agent Orange with a twist of lemon.
On the rocks.
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