I am a 39 year old man that worked for Clark Pest Control Incorporated from 2005-2007. During the time I worked for Clark Pest Control I was given a new respirator every 2 weeks on pay days, when I was suppose to have been given a new respirator every day by Clark Pest Control. Clark Pest Control was lying to their employees and not training them so that they could cut costs and save millions of dollars a year, at the expense of the employees. Their training records show that they lied to their employees. When I filed a claim for Workers Compensation I hired an attorney Mr. Bruce Baum who had me come to his office on October 6th, 2006 in Capitola and fill out the paperwork hiring him. He sai he would send me a copy in the mail. I noticed that it never came. Then during the next 2 months I kept getting calls from Gallagher Bassett adjustor Mr. Ted Kuhl who wrote to me acknowledging me that he knew I hired Mr. Baum in 2 different letters, but that for 2 months he has not contacted him to let him know I was being represented by Mr. Baum. Then on November 29th, 2006 Mr. Kuhl denied my respiratory claim and said I failed to cooperate with discovery.
During the time of October 6th to November 29th 2006 I received several phone calls and a few letters from Mr. Kuhl, it got to the point that I had to call Mr. Kuhl supervisor Mr. Petersen and tell him that I was represented and that his client shouldn't call me no more. During that time I called Mr. Baum several times and told him what's going on and he said he was having back surgery and that he would take care of it. I called him at least 18 times in 2 months.
When my respiratory claim was denied I got a call from Mr. Baum secretary, whose message I saved, she said "that Mr. Baum was moving and that he lost my paperwork". Yet he said he was having back surgery less then a week before she called. I saved her voice mail message. I found out later that Mr. Baum had been in the same building for several years. At the time I didn't figure out what was going on. Basically Mr. Baum was helping Clark Pest Control and Gallagher Bassett. Clark Pest Control is afraid of a classaction and done many illegal actions. So the attorney who was suppose to help me, instead made deal with Clark Pest Control and Gallagher Bassett.
Mr. Baum secretary Marilyn then contacted me again and said Mr. Baum would like to meet with you in the San Jose Workers Compensation Appeals Board to resign the paperwork, which I did. During the meeting Mr. Baum gave me blank DWC-1 forms that I had already filed out, he didn't want me to fill them out, only to sign them. He kept telling me that I needed to do a Psyche Claim, which I didn't want to do. He had me sign 3 DWC-1 forms with my signature. I had to go to the San Jose Workers Compensation Appeals Board to receive a copy of them. Mr. Baum filed a Psyche Claim and instead of opening a new claim for my left knee, he reopened one that I had from October 2005. I didn't even fill out the paperwork for that claim in October 2005. Mr. Baum then changed the dates of the claims so that if I called the Division of Workers Compensation I ould be able to get any information, because I didn't know the dates of the claims that he changed.
Mr. Baum then sent out letters of representation in late 2006, almost 3 months after I hired him. Then in January 9th, 2007 I was told by my knee doctor that I could not work and needed to go out on Workers Compensation. So I called my bosses secretary and told her that I was told that I needed to go out on workers compensation and that if I could get something in writing from him. The next day I get a voicemail message from Clark Pest Control Milpitas Branch Manager Mr. Joe Gatto stating that it was okay to go out on workers compensation and that he was okay with it. Then after 2 weeks I wrote a letter to Mr. Ted Kuhl of Gallagher Bassett stating that I have not received any benefits from them. Then I received a letter from Mr. Kuhl stating that although your claim (for yur knees) was accepted we cannot pay you, because my employer told them that they offered me modified duties and I refuse to work. Yet I have the voicemail telling me to go out on workers compesation from Mr. Gatto. Mr. Gatto is the President of Operators of America and yet he committed "WORKERS COMPENSATION EMPLOYER FRAUD".
In March 2007 I had a deposition at the office of Mr. Baum, I came early and he instructed me that the opposing attorney Mrs. Kimberly Pryor of Bradshaw, Stallnect & Barber is a fireball and that he has heard alot about her and that he never met her before. Before, during and after the deposition I knew that they were friends and that they had been friends for many years. Mrs. Pryor knew the name of Mr. Baum dogs that had died, wife and seen him every sunday at synagogue. During the deposition Mr. Baum refuse to let me put on record that my employer committed workers compensation fraud. After the deposition Mrs. Pryor informed me and Mr. baum that she had injured her hand at work and Mr. Baum offered to represent her at the time of representing me. I took it that he did represent her, I will explain later.
After the deposition I called the district attorney's office in Santa Cruz county. It's on the phone bill of my work number (((phone number redacted))) and I told them to watch these 2 because I believe they make deals with each other in workers compensation. Right after that I started to look for another attorney, but none would represent a case that Mr. baum already screwed up on ad made many mistakes.
After the deposition Gallager Bassett adjustor Mr. Ted Kuhl started to pay me workers compensation benefits and then the checks would all the sudden be late or were sent back as he says. Then I couldn't get another attorney so I fired Mr. Baum.
Upon firing Mr. Baum I found out that he had allowed 15 supoenaes for my records to his friend Mrs. Kimberly Pryor. Most of the Subpoenaes were back dated to make it look like they were sent before I fired him. I can prove it because I have the dates the companies were given the subpoenaes. Then after I fired Mr. Baum, his friend Mrs. Pryor sent a subpoena to State Farm for an insurance settlement I received a few years before that and didn't even send me a notice, when I was representing myself.
When I had to go to the Psyche QME, Mrs. Pryor sent a letter making up all these lies and at the back of the letter it states that she sent him all these records hich were subpoenaed without my knowledge. I wrote a letter wondering if she had been drinking and stated how Mr. Baum offered to represent her and that I had no knowledge of these subpoenaes and some of the illegal things that she was doing. I sent this letter to her work and then after that she was fired/let go secretly. When I called her firm her boss Mr. Barber personally told me "I know, I can't believe it and I'm sorry"! Then her claim for her hand sudenly disappeared for awhile and ended up appearing in Salinas workers compensation 1 year later, I was given a copy of her claim for the Salinas Board of Workers Compensation. After she was released and fired, she still harrased me by writing me a letter after she was fired. No doubt her and Mr. Baum set up many deals between them and the insurance companies, not to mention employers.
When I fired Mr. Baum, Mr. Kuhl of Gallagher Bassett did not want me to have a QME for my lungs/respiratory. So when I sent in the form for a QME for my respiratory and knees. It came back because he didn't give me their new address, because the Industrial Medical Counsil moved to Oakland. Mr. Kuhl was also sent a copy along with the IMC. He already knew he gave me the wrong address to the IMC so he re-wrote the request for 2 QME's and asked for only a QME for my knees. And then he "FORGED MY SIGNATURE" on the document. I kept the document along with all my other pieces of evidence. He forged my signature on the request for QME document.
When I was given the 2 QME's by the Judge. I have had several appointments with the QME's for my knees and respiratory. Each time Gallagher Bassett Services in Sacremento would have their adjustor send the illegally subpoenaed records to the QME and not once let me have a copy of the records. Waisting over 1 1/2 years of my time. I made 22 requests for the records to Gallagher Bassett adjustors Mr. Kuhl, Mr. Werner, Mrs Melendez and Mr. Ryder. Their attorneys Mrs. Pryor, Mrs. Montgomery and Mr. Berryhill. Then in open court the attorney representing Gallagher Bassett Services and Clark Pest Control admitted that they had illegall communicated with the QME doctors. That is called "EX PARTE COMMUNICATIONS".
In September 2007 I had surgery on my right knee, to this day I felt that the doctor lied and did a surgery for a medial meniscus tear. My knee MRI showed all the syptoms of a Medail Meniscus tear. No doctor would look at the reports and say anything different. When I had an MRI arthogram after surgery I was sent by the orthopaedic surgeon to Inview Imaging, which has a Radiologist who is married to the anestiaologist who helped in my knee surgery. I had medial pain before and after surgery wer the medial meniscus is. Especially when I would twist and turn. When the orthopaedic came out of surgery he said I didn't have a medial meniscus tear and that he performed a Synovectomy on my knee. I believe Clark pest Control paid him to repair a meniscus tear and lie and blame the injury on me. I believ this doctor makes deals with workers compensation companies, his name is Dr. Donald Pang.
Understand that Gallagher Bassett will only send you to the doctor and radiologist they want to. A radiologist can wipe out your injury on the screen and give them a phony MRI. I moved to Oregon where I reinjured my knees. Yet I was declared permanent and stationary by QME Dr. Jason Chui. It is big business with Gallagher Bassett and some of the other insurance companies. If a newspaper paid me I produce documents to prove this in California and Oregon. Otherwise they will have to read about it in my book called "Workers Compensation (has died). I kept all my evidence and can show how the Judges don't care at all. Mr. Baum has now ripped off a Parapligic.
I'm hoping that Erin Brockovich will represent me and the other Clark Pest Control employees in a Classaction against Clark Pest Control. There are also major employment crimes by Clark Pest Control as wel like hourly pay, overtime, respirators, discrimination, harrassment, wrongful terminations, forced terminations, deaths, GPS tracking on phones, and other crimes.
In September 2009 I will have to go to an appointment with a Dr. Matthew Duncan who s a Rheumatologist, and has nothing to do with my respiratory, which tells me that Clark Pest Control has contacts (Sue Honor) within the Industrial Medical Council. Since my father has Rheumatoid, he will try to blame the lung injury on me. I believe he has already been paid by Clark Pest Control and Gallagher Bassett Services. I might have to settle my claims because my lungs. There is nly 2 ways to get a fair MRI or radiology report. Go out of state, get one through a chiropractor, give a different s.s. number and your first and middle name instead of your last or go to canada. There is one other way but I will keep that secret.
There is much more to this story, but I want to write a book about it or save it for court.