- Report: #915151
Report - Rebuttal - Arbitrate
Complaint Review: Clark Pest Control
Clark Pest Control555 North Guild Avenue Lodi, California United States of America
Clark Pest Control Clark Pest Control of Stockton , Clark Pest Control defrauds me of Workers Compensation ,part 2, Lodi, California
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Sooner or later I believe that Joe Clark, Charlie Clark and Terry Clark will have me assasinated, so that they won't have a Classaction against them.
Part 2In the first part of my story I explained to the readers that my former attorney named Bruce Baum and Kimberley Pryor who was representing Clark Pest Control at the time, had set me up to have my Respiratory Injury Claim changed to be a Psychiatry/Respiratory Injury Claim. Then Ms. Pryor sent the Pulmonary Qualified Medical Evaluator named Dr. Lawrence Petrakis an entire file on the "Lisa Kapsalis vs. Art Group LTD" case. This was the blueprint for what my employer (Clark Pest Control) and the insurance company wanted to do with me in order to get out of a potential Class Action Lawsuit for failure to provide over 3,000+ employees the proper Respiratory Protection.
Shortly after Kimberley Pryor was fired from her law firm, I went to the Salinas Workers Compensation Appeals Board and pulled the file on Kimberley Pryor's hand injury claim and found out that my attorney (Bruce Baum) actually was representing her at the same time he represented me. I had the front desk lady make me a copy of the file, then shortly after that Kimberley Pryor and Bruce Baum had the records removed from the court files. Then Kimberley Pryor resubmitted her hand injury claim against her former law firm a year later, as if it were a new injury claim.
The trouble was that she wasn't even working for the Haworth, Bradshaw, Stallknecht & Barber Law Firm at the time and hadn't been for almost a year.On July 18th, 2007 I filed a petition at the San Jose Workers Compensation Appeals Board and had a Hearing on July 18th, 2007. There Judge Wickler told Clark Pest Control's new attorney Ms. Paula Montgomery (from the Mullin & Fillipi Law Firm) that we should sit down and try to work out some kind of settlement. Ms. Montgomery wanted me to ask for cash, but I wanted lifetime medical on all issues. So instead of going back to the Judge and giving him a report, Ms. Montgomery snuck out the back door so as to avoid my petition that was before the Court.
This petition included Employer Workers Compensation Fraud by my Branch Manager Joe Gatto (there will be a special story devoted to Joe Gatto that's coming soon). But Joe Clark who is the President of Clark Pest Control & Owner, wanted to make sure that his lifelong friend that he had grown up with wouldn't risk having charges filed against him and lose his Pest Control License. So he paid Ms. Montgomery to sneak out the back door of the Court Hearing so that the Employer Workers Compensation Fraud, the Illegal Subpoenas that were filed and the request to overturn my Respiratory Claim Denial wouldn't be heard before Judge Robert Wickler.
By the end of July 2007, Kaiser Permanente in Fremont gave me a new doctor named Yasmeen Wengrow, who referred me to the Pulmonary Department at Kaiser Fremont, where a Dr. Edith Andrea Glassberg took over my care. There Dr. Glassberg sent me to have a High Resolution CT scan on my Chest on August 3rd, 2007. When the Radiology Report was done on August 6th, 2007 it said that the "Bronchus showed Normal Caliber" and that the "Lung Parenchyma is normal", which meant that the results were completely normal. The problem was that you can clearly see on the August 3rd, 2007 CT scan that there was a very large Tumor in my Transverse Colon and the "Fine Bibasilar Reticulations" were ignored as well. Then Dr. Glassberg performed a Spirometry Test on me on August 14th, 2007 that showed a "Moderate Obstructive Defect" and I was told by Dr. Glassberg that was the result of the test. Then 13 days (August 27th, 2007) after the test Kaiser Permanente had a Dr. Kreck come in and changed the result of the test from a "Moderate Obstructive Defect" to a "Mild Restrictive Defect".
Right after that Dr. Glassberg wrote me a letter on August 30th, 2007 and told me to give it to the adjustor. The letter blamed my work injuries on my obesity, but only because Kaiser Permanente and the Permanente Medical Group Doctors had helped Clark Pest Control and wiped away Lung & Colon Cancer by making phony/falsified medical reports. The funny thing was that on Dr. Glassberg's report of my injuries on September 21st, 2007, she had clearly lied about the results of an April 7th, 2004 Spirometry Test I had taken, while employed by another company and the results of the June 12th, 2007 Spirometry Test taken at Kaiser Occupational Health in Milpitas. Plus she failed to document the Spirometry Test from late 2005 and lied again and said that she didn't have access to my files from when I was first injured and suffering from chemical exposure.
Every doctor that I had gone to at Kaiser Permanente and Kaiser Occupational Health had access to my file.During the time of seeing Dr. Glassberg, I scheduled a Pulmonary Qualified Medical Evaluation with a doctor named Dr. Gerald Besses and the new adjustor from Gallagher Bassett Services named Jeff Werner and Clark Pest Control's attorney Paula Montgomery sent him my entire medical file, without sending me anything that they sent him. They did this with several doctors, not just this one. This was considered an "Ex-Parte Communication" (illegally communicating with the doctor). Dr. Besses scheduled me an appointment on December 27th, 2007 and then he rescheduled for October 17th, 2007, then he rescheduled yet again for February 28th, 2008. Then he rescheduled yet again for December 11th, 2007. Then he rescheduled yet again as this appointment came close. Twice Dr. Gerald Besses rescheduled less than 48 hours before the appointment. The funny thing is that I get confused documenting this because of all the rescheduling. So I added the documents for you to see for yourself. Clearly there was some kind of stall tactic that was going on right after Kaiser Permanente wiped away my work injuries for Clark Pest Control. I called the Industrial Medical Council and they gave me another Pulmonary Qualified Medical Evaluator Panel to choose from.
Then I was scheduled to see a Pulmonary Qualified Medical Evaluator named Dr. Ira Fishman. Keep in mind that Clark Pest Control had their attorney's keep the Subpoenas and the records they Subpoenaed from me. These were the ones that they sent to Dr. Ira Fishman. But they didn't send it to him until a month after the evaluation and they didn't send me any copies at all. The Workers Compensation rules stated that the opposing party must pick the documents that they wish to send to the Qualified Medical Evaluators and then send them to the claimant, 21 days before the appointment and then the claimant has the right to object to them. Who wouldn't object to medical documents that they knew were altered? What's interesting to note is that they wouldn't send him the June 26th, 2007 X-ray or report from Kaiser Permanente in Santa Clara, that showed "Fine Bibasilar Reticulations" (the start of Lymphoma), the failed "October 9th, 2006 Spirometry Test results", "the X-ray from February 21st, 2006 and report", or the "2005 Spirometry Test", "Dr. Garcia Letter from June 12th, 2007", the Dr. Henry Moon letter from July 3rd, 2007" or a copy of the "Original or Altered Spirometry Tests from August 14th, 2007 and August 27th, 2007" from Kaiser Fremont. The reason why they didn't send a copy of the Original and Altered Spirometry Tests is, because you could clearly see that the test was altered and results did not add up. Any medical professional could spot it a mile away.
In the evaluation I told Dr. Fishman that Clark Pest Control was giving 3,000+ employees a Respirator called the Moldex 2840 R-95 Disposable Respirator. But when he did his report he stated that I was given a R-95 Respirator with a Charcoal filter and that these were supposed to be replaced daily but that the company was replacing them every 2 weeks, which is not true at all. I was given a Moldex 2840 R-95 Disposable Respirator and these were given to us employees once every two weeks. No charcoal respirators were given except when employees fogged homes and businesses and they had to request them.Dr. Fishman was following Clark Pest Control's Respirator Training Documents, which listed a 3M charcoal filter as the primary respirator, when it was not even a respirator that the employees used more than 2-3 hours a year. The Moldex 2840 R-95 Disposable Respirator was listed as a "Moldex R-95" Respirator in the training documents, because Clark Pest Control didn't want to drawl much attention to it. But in truth there is no Moldex R-95 Respirator. The R-95 is a series from Moldex, which consists of about 6 disposable respirators and none of them are labelled for pest control use.
The Moldex 2840 R-95 disposable respirator was labelled for the following applications:Hot, humid and dusty environments such as welding, soldering and brazing, grinding, sanding, sweeping, bagging, stone quarrying, metal machining, cement, underground mining, polishing, buffing, lime, poultry and textiles. This was copies straight from the Moldex web site and Moldex just recently removed "Chemical Processing", which was on their past labels. So Clark Pest Control must of tried to place some liability on them.But Clark Pest Control faced another serious problem that had arisen. Joe Clark, who also owns the Geo Tech Supply Company L.L.C. had been soliciting these respirators to Pest Control Companies and other Companies for "Pest Control Use", when they were not labelled for Pest Control Use. So Joe Clark could have been hit with lawsuits, large enough to take down Clark Pest Control and his Geo Tech Supply Company L.L.C..When Dr. Fishman's did his report, he listed 12 different possible Diagnoses, but failed to list Lung & Colon Cancer as one of them.So Dr. Fishman sent me to Eden Medical Center on April 30th, 2008 in Castro Valley for a Spirometry Test and Blood Tests. The results of the Spirometry Test said that I had "Moderate Obstructive Lung Disease, with a Mild Diffusion Defect. This Spirometry Test caused a very large problem for Clark Pest Control and Kaiser Permanente in Fremont, because it showed that since 2004 my Lungs were getting progressively worse, but with exception of the one Spirometry Test. The one that Kaiser Permanente in Fremont altered on August 27th, 2007.
When Dr. Glassberg did the August 3rd, 2007 Spirometry Test it said that the ""Bronchus showed Normal Caliber" and that the "Lung Parenchyma is normal". The Mild Diffusion Defect result from Eden Medical Center showed that the results of that August 27th, 2007 changed test could not be true, because there was damage to Bronchus and the Lung Parenchyma. Then the part that took away Clark Pest Control's "Obesity Claims" was that before I started for Clark Pest Control I did a pre-employment Spirometry Test for Western Exterminators and the results of their Spirometry Test showed that I had a completely "Normal Spirometry". I weighed 245 pounds for that test. Then Clark Pest Control (Joe Clark) had Kaiser Permanente change my weight for the June 12th, 2007 and August 14th, 2007 Spirometry Tests so that they could claim my injury was obesity. But when I took the Eden Medical Center Spirometry Test, I weighed 242 pounds and the results were the worse of any Spirometry Test I had ever taken. So it threw the "Obesity Claims" of Clark Pest Control's out the window. After Dr. Fishman received the Eden Medical Center Spirometry Test and Blood Test results, he wrote a Supplementary Report, but didn't inform anyone on the report that the Spirometry Test results from Eden Medical Center clearly take away any Obesity Claims by the opposing party. I wrote Dr. Fishman a letter and told him everything that was wrong with his original report and then another one telling him everything that was wrong with his Supplemental Report and he just ignored me. Then Dr. Fishman decided that he would go on a 5 month vacation right in the middle of my Injury Claim Report. The problem was that Qualified Medical Evaluators were given a maximum of 1 month to write a report and he had already taken 3 1/2 months and was going on vacation, he was clearly stalling on his report. Plus Clark Pest Control and their attorneys had committed an "Ex-Parte Communication" (illegally communicating with the doctor) again with this doctor.
After that I called the Industrial Medical Council to complain and they ordered me another Pulmonary Qualified Medical Evaluator Panel and told me he had one month to do his report. By the middle of 2008, Paula Montgomery had left the Mullin & Fillipi Law Firm. Between Paula Montgomery and Kimberley Pryor they had committed "5 Ex-Parte Communications" (illegally communicated with the doctors) with the Qualified Medical Evaluators. So that my work injury could not be documented, so Clark Pest Control could avoid a Class Action Lawsuit.
So the next attorney that they would throw at me from the Mullin & Fillipi Law Firm was Mr. Richard Berryhill. This man specialized in provoking claimant's. He was also very good at writing provoking letters and distorting the facts. He wouldn't sign his letters so that he wouldn't be caught breaking the law either. But he was also very close to the Judge that was now Judging my case named Steven Tuan.
Mr. Berryhill was Bruce Baum and Kimberley Pryor friend and told me that I will never let you Disbar them. When I asked him if he cared that they had broken the laws, he said "I don't care". What I didn't know at the time was that Paula Montgomery and Richard Berryhill (the Mullin & Fillipi Law Firm) were not going to give me the Subpoenas or the Subpoenaed records until after the Statute of Limitations had run out, so that no Disbarment or Malpractice Cases could be filed against Kimberley Pryor and Bruce Baum. Richard Berryhill followed in his predecessors steps and committed "Ex-Parte Communications" (illegally communicated with the doctors) on 2 other occasions. So after 7 Qualified Medical Evaluators that were to Judge my injuries, Clark Pest Control had paid their attorney's to break the laws, falsify documents, medical records, illegally communicate with doctors, provoke me, threatened me, sneak out of court, not allow me my right to discovery, fail to provide me copies of the subpoenaed records or the subpoenas and withold additional evidence from me so that I wouldn't be able to file a Malpractice suit against Bruce Baum or Kimberley Pryor or seek to have them disbarred.
When I filed another Petition that went before Judge Steven Tuan he asked Mr. Berryhill was there "Ex-Parte Communications" with the Qualified Medical Evaluator doctors? Mr. Berryhill said "yes" on all of them. I had been injured at Clark Pest Control and for 2 years their attorney's were still interfering with my QME evaluations. Because Clark Pest Control didn't want anything on record, that could be used for a Class Action Lawsuit against them. That day Richard Berryhill retired from practicing law.
The third and final part will be coming soon:
This report was posted on Ripoff Report on 07/20/2012 04:22 PM and is a permanent record located here: http://www.ripoffreport.com/r/Clark-Pest-Control/Lodi-California-95240/Clark-Pest-Control-Clark-Pest-Control-of-Stockton-Clark-Pest-Control-defrauds-me-of-Wor-915151. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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