Should the FBI, DOJ, and US Labor Department Investigate employers and the workers compensation courts for wrongful termination cases? Including but not limited to: censoring, banning, demonitizing employees, ADA violations, Disability Discrimination, Conspiracy to Induce Breach of Employment Contracts, third party interference by Insurance Companies and Inept Workers Compensation Judges?
Please vote for hard working Americans Nationwide.
Should the FBI Investigate employers and the workers compensation courts for wrongful termination cases? Including ADA violations, Disability Discrimination, Breach of Employment Contracts, and Third Party Interference by Insurance Companies
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Sunrise September 23, 1945. Sunset April 19, 2015.
--let them hear it son.
As a hardworking American Teamster, My story is a matter of public policy. It's emblematic for over 300 million Americans Nationwide. Hostile Work Environments, Employee Harassment, and on the job Disability Discrimination should never be tolerated. Make my American Dream Great Again! --Richard Alan White
Note: After all was said and done the California Unemployment Office granted me my unemployment benefits. Two Judges and Seven defendents all kept their careers. I had to go stand in the unemployment line simply for reporting a known work injury validated by the Southern California Orthopedic Institute in Van Nuys, California. We hope our story helps others.
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Enjoy the tale, my favorite part is the Rejection letter from FedEx. We found it Infuriating to say the least.
Thank you.
This Blog is 100% authentic. It's a living breathing entity. 😎
If you are married your wife will divorce you after reading this story, you will lose everything and have to go find any type of job to pay the bills. If you are dating and have a girlfriend, She will call off the wedding and run off with another man. No one can afford the damages of "Forced Economic Poverty".
I was hired on at United Parcel Service September 5, 1985 by Head of Human Resources Larry Fagan. Larry on the right giving UPS founder Jim Casey (on the left) a tour of a UPS facility. For 9 years up until his retirement Larry had made sure I was successful, I was hired from the bottom by the top brass, the very best in the shipping business. Anyone who was hired on by Larry Fagan was UPS gold for the company. Larry sadly passed on June 21, 2016. He was my friend and ally in the workplace. Rest in Peace Larry. I'm so saddened to hear of your passing. Thank you for your many blessings along the way.
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I tell my "funny getting hired at United Parcel Service" story on youtube.
They were getting the best hard working people for the job. From IE to unload. Larry told me the day I was hired, they were manning up for a brand new service called, next day air national and International. I started in the load/unload, then pick off/sort Isle/small sort.
The day came when I was asked to help run the new "Next Day Air belt" at the Van Nuys Hub. There was Larry, he gave me the thumbs up. I was using a "chirp scanner" what I called them in those days. This special service involved me applying Next day and 2nd day air stickers on each package as they came down the belt. Red for next day, and blue for second day air packages with bar codes. We didn't have pre-printed envelopes just yet if I remember correctly. It was the latest in technology then.
After my first year I was given a free transfer to a new hub in Sylmar opening in October of 1986. We went and took a tour of the hub about a month before it opened. At the time it was considered the "cadillac of all hubs" for UPS.
In 1990 I applied for next day air driver. It was a special combo job one of the first at the time. By June of 1991 Burbank Center drafted me, I was knocking off 29 stops per hour for those guys. Glendale center wanted me too. Professional Football player turned UPS manager Calvin Peterson was my next day air manager for several years. He always requested me as one of his top drivers.
One day Calvin asked me if I knew of any painters. I said; Yes, Just so happens that I do mild construction and paint. So my co-worker pal Tim, myself and Tims' father went and painted Calvins house in the Woodland Hills area of California. It was a side job for our boss, oh and a famous Football Star to boot.
Word always got back to Larry, and he loved it. "Great Job kid you'll be in package in no time", he would say. I'd jokingly reply; "I'm working my way up to Pilot"... Laughter, wink and a nod. My plan was to go to aviation school on the weekends, learn aviation mechanics, fly lear jets, helicopters, and anything else I could get my hands on😎
There were several times when Larry would personally hand me a special next day air letter addressed to his mother. He'd make sure to tell me; "knock on the door and make sure she answers and call me" Those were the best moments for me, kindness, with compassion and love on the job from the head of HR. UPS Founder Jim Casey would be very proud. I like to think that I had met Mr. Casey by proxy.
After Larry retired, management started to change a bit, they started getting "curt" towards me and other co-workers. I later Identified one supervisor named James, he didn't like seeing anyone pal around with the head of HR. James was the opposite of Larry. James liked to Badger employees. James had lots of "Anger Management" friends just like him.
--If it doesn't make any sense, it doesn't make any doll hairs.
(NOTE: This Blog should be about me starting from the bottom after graduating high school, and working my way up to airline mechanic or pilot. I was in touch with all the right people at Burbank airport on my air route, including the lead mechanic for the UPS Burbank ramp, named John. We got along great. John was the Van driver/Roadie/Tech for the "Red Hot Chili Peppers-What is This" back in the early days of the band. So we had a lot in common. I did live concert and video production for the band and their manager on a very personal and professional level from 1988 thru 1991. I loved talking with John about airplanes and mechanics. He told me exactly who to speak with at UPS Airlines.
My Major in High School was "Vocational Auto shop". I was perfectly qualified to advance in any of the positions for UPS Airlines. After I shared with my center manager my plans utilizing their very own "Hire from Within Policy", (Apparently one big mistake?) things got much worse for me. He had a little feller named James as I've already mentioned. They apparently had entirely different plans for me. And so it goes; my hopes, dreams, and aspirations would eventually be completely stolen from me and my family) 😎
Browbeaten and Badgered. A dastardly tale about United Parcel Service .
(NOTE: This Blog should be about me starting from the bottom after graduating high school, and working my way up to airline mechanic or pilot. I was in touch with all the right people at Burbank airport on my air route, including the lead mechanic for the UPS Burbank ramp, named John. We got along great. John was the Van driver/Roadie/Tech for the "Red Hot Chili Peppers-What is This" back in the early days of the band. So we had a lot in common. I did live concert and video production for the band and their manager on a very personal and professional level from 1988 thru 1991. I loved talking with John about airplanes and mechanics. He told me exactly who to speak with at UPS Airlines.
My Major in High School was "Vocational Auto shop". I was perfectly qualified to advance in any of the positions for UPS Airlines. After I shared with my center manager my plans utilizing their very own "Hire from Within Policy", (Apparently one big mistake?) things got much worse for me. He had a little feller named James as I've already mentioned. They apparently had entirely different plans for me. And so it goes; my hopes, dreams, and aspirations would eventually be completely stolen from me and my family) 😎
Browbeaten and Badgered. A dastardly tale about United Parcel Service .
© 2018 By Richard Wentworth Woodward.
1] Physical Disability Discrimination in violation of public policy; 😯
2] Interference with a third-party Contract; 😯
3] Conspiracy to Induce Breach of Employment.😯
The Players:
1] Center Manager Scott Firman. 😎
This dude actually told me; "you'd be better off working in Hollywood". I had been with UPS going on 13 years with 12 years to go for my early retirement package. Circa 2001, a fellow Teamster source told me this guy was demoted to nite sort supervisor up north after causing all of this drama.
2] Supervisor James Koehn.
Note: This dude was one big bag of job harassment. Non Stop, no rest for the wicked, mis-handling doctors reports, the whole nine yards. Screaming on the phone, threatening careers, when you're still under the care of the UPS company Doctors. Dude was amazing, he even said; "we have the right to work you as long and as hard as we want when the Doctor releases you" yelling verbatim while I'm still under the doctors care. If I only had audio/video of this guy Jaw Jackin his crap. 😎
He'd say snide remarks to me like; now that your buddy has retired, your ass is mine". Oh, and the eloquently put "We have Billion Dollar attorneys, we'll cut you off at the knees" you know nice comforting crap like that, for no reason, out of no where. I bet no one showed up for this assholes retirement party.
The two of these fricken dudes have dishonorable mentions for their dastardly deeds in the the California, State Superior Court Case NO. BC206686. It's a matter of Public Record.
Amazingly both these knuckle heads are Comfortably Retired in 2018, provided they are still living. I'm not retired, my family has had an Economic deficit for the past 20 years over this. We never recovered Finacially.
All the Lawyers are dying and the Judges are dropping dead.
3] Work Comp Attorney Michael Lopiano. Deceased.
4] George Arias. Legal Secretary? Deceased.
5] United Parcel Service Inc. (Fantastic Place to work with the right people)
6] Liberty Mutual Insurance Company. (corrupt)
7] Liberty Mutual Attorney Lynn P. Peterson ESQ.
8] Worker Compensation Appeals Board. (drain the swamp at the work comp)
9] WCAB Judge Joseph Bewick. Inept and Incompetent.
Did Joseph Bewick ever get injured on the job and file a claim? Did he ever take a leave of absence for illness? Was his employment contract breached? Why did he get to keep his career while failing to protect mine?
10] Superior Court Judge Frances Rothschild. Deceased.
Did Frances Rothschild ever get injured on the job and file a claim? Did she ever take a leave of absence for illness? Was her employment contract breached? Was she discriminated against for giving birth to children?Why did she get to keep her career while overseeing the loss of mine? How much of a bonus did UPS/Liberty Mutual pay her to keep me from my career?
Personally, I would not have wanted to be involved with this merry bunch of dastardly characters on this case. For one, there are only two survivors left. Two: They were all up to absolutely no good. I bet UPS Founder Jim Casey certainly would not have approved of this non sense. I find it rather Intriguing to know that all of these people involved at the time "In my financial security" were in it for their own benefit not mine. Their retirement plans were on their minds while stealing mine using a weaponized court system. Karma has a very funny way of coming back around to bite you in the rear.
"Professional Courtesy" ...
My attorney said, Rothschild had no obligation to disclose her ruling? The Trial Court never disclosed the reasons for her ruling? She was not going to tell us how she came to her conclusion In favor of United Parcel Service? Not once, but twice? 😂
In April of 1996, after a 10 year perfect safety record, I reported a work injury. I had never been injured on a job before. I filed an Injury report. My Injury was taken care of. It recurred in October, I filed a report, it was taken care of. On March 21, of 1997, I filed another injury report, it was taken care of. In the fall of 1997, my injury recurred, I filed another Injury report, it would be covered up, then denied and I would be violently threatened by UPS managers.
I was not there to swindle money or get free time off work for a boo boo, I was there to get rehabilitated so I could return to work. I had been working injury free for 11 years with no lost time work Injury and was "recognized" for that remarkable achievement. I had great friends whom I loved working with including supervisors and managers who helped get me to where I was (with the exception of two bad apples). I was also a member of the UPS Safety Committee from 1986 thru 1997. We held meetings regarding correct safety methods and procedures. For Instance how to fill out a proper Injury report.
Speaking of Injury reports, my UPS manager fudged my Injury report (said it was filled out wrong?) and tried to cover it up. His mis-deeds as we already know, would cause me a series of events that would ultimately cost me my career.
Enjoy the brief it's real simple until the WCAB made it complicated.
At the WCAB we had uncovered little bits of fraud, California labor code 5001 was also violated.
I never received the proper care for this lumbar deal going forward. I never seen Dr. Schopler again, or returned to the Southern California Orthopedic Institute. This Doctor was originally provided for by UPS/Liberty Mutual Insurance, on 04/17/1997. It was mysteriously "denied" six months later in the same year. I had to find my own alternative care from Dr. Edwin Von Borstel. Honestly I don't think Liberty Mutual Insurance agents liked this doctors report or the QME report.
😀
The above Doctors report from the Southern California Orthopedic Institute I pulled it out of the trash can, it was never put in my UPS file.
Judges&Lawyers "Droppin Dead" Funny.
I had hired a Work Comp Attorney Michael Lopiano, whom I later fired, then filed a Legal Mal-Practice lawsuit against, in State Superior Court. He had no legal Mal-Practice Insurance. He was disciplined and fined by the California State Bar Association. His secretary George Arias was also a huge problem. He Ignored my Subpoena and had to be dragged into court by his arm by work comp Judge Joseph Bewick. George had made violent threats that UPS will counter sue me if I don't resign? Lopiano passed away in 2006 at 50 years old.
Mr. Lopiano was the last defendant left. He had no Legal Malpractice Insurance. He was a Tax Lawyer doing Work Comp cases on the side. Just pushing em through over at the meat market.
Mr. Lopiano told me (months before I fired him) I didn't need retraining. Why? They had found out that I produced a movie with Gwen Stefani in 1991. He said, I would not qualify because of my skills? I'm thinking to myself; What Skills? I said; "Hey, I just want to go back to work." Of course at the time I was getting the feeling this Lopiano guy was "Gas-lighting" me? Who knew?
I then met with labor attorney Carroll A. McCortney in Glendale, California. He took my case Pro Bono to help facilitate a remedy at my Workers Compensation Appeals hearing in Los Angeles.
The NLRB helped a bit. They were limited because of my employment contract and bargaining agreement with the Teamsters. The ACLU actually took the time to write me back.
I'll post more documents as they arrive. 😎
"Well that may be, but it's still illegal" My attorney said.
He went on to say we had exposed a "hidden policy" between two Corporations, the Workers Compensation Appeals Board and the Work Comp Judge? He Identified it as, "Fraud".... and it, appeared the State was in on it? He said; "Criminal acts You and I would go to prison for?"
Judge Joseph Bewick, He didn't care about nothin! Regarding my trial brief He said; "How did this get here? This does not happen in my court" He was obviously in Denial. I could see it in his eyes. Bewick never spoke with me not once. They never disclosed the QME report to me, not once. It was withheld from me. I signed the resignation; "I'm signing under duress, I regard this as a wrongful termination" That document was never seen again. They refused to give me a copy for my records. We subpoenaed the resignation in State Superior Court. It turned up missing.
This Blacked Out legal document was sent to me and signed by Workers Compensation Judge Joseph Bewick, Dated: 09/28/1999. He was very nasty with my appeal. It's blacked out almost completely redacted. When held up to the light you can see thru, it reads; "APP. Petition to set aside C&R on the basis of fraud". This dude was so lazy he couldn't even provide my attorney and I with a legible legal document. He would not set aside, said we had remedies elsewhere. Was he keeping this 5001 labor code violation a secret?
Up close signed by Joseph Bewick 09/28/1999. Blacked out. Was Joe hiding from this?
He allowed a forced resignation to occur violating California labor code 5001.
He facilitated "Third Party Interferrance and a Breach of my Employment Contract"
Definition of California Labor Code 5001: "CA Labor Code § 5001 (2017)
Compensation is the measure of the responsibility which the employer has assumed for injuries or deaths which occur to employees in his employment when subject to this division. No release of liability or compromise agreement is valid unless it is approved by the appeals board or referee".
One Hundred Million Hard Working Americans would like to know the answers and allow an Investigation.
This Judge was a "Ne'er Do Well" he was so lazy and Inept that he provided copies of our request in a entirely redacted format. I think he was just an "ASSHOLE" His pay and benefits should be transfered over to me and my family. Where was this Judge? How/Why did he allow Labor Code Violation 5001 to occur?
If we were to view this "alleged resignation" in 2018, it would look similar to this lined paper, it would be yellow and have these words written on it, words I added. It was drafted by a Liberty Mutual Attorney?
Re-enactment document 2018.
They refused to provide me a copy if this moments after I wrote on the document.
Let it be known that Liberty Mutual would also refuse to provide me a copy of this "alleged resignation" it was not signed, it was hand written with my writing that read; "I'm signing this under duress I consider this a wrongful termination" I printed my name. This document was not presented during my case in State Superior Court.
My labor attorney remarked; "you ever hear of the term Intrinsic fraud?" Me: "no" I had no Idea what my attorney was talking about. I looked up the term later that night using NetScape. Google was only a year old.
Look at all of this stuff ! Wow 7 defendants. The hand that I was dealt.
The case was filed in State Superior court 03/09/1999. Judge Carolyn B. Kuhl presiding. She recused herself 01/03/2000. She had been on the case for 9 months. On 01/14/2000, Judge James A. Bascue reassigned the case. On 02/15/2000 Judge Rothschild presiding. I find recusal rather intriguing, Judge Carolyn B. Kuhl may have put me back to work? Judge James Bascue? I like him the best 😀 Perhaps UPS just needed their "Company Judge?"
Pretty cut and dry. I like the; "Conspiracy to Induce Breach of Employment Contract." Filed 03/09/1999. Click Here: then type in case number BC206686 for the case search. copy > BC206686
"Intrinsic fraud" Definition: is an intentionally false representation that goes to the heart of what a given lawsuit is about, in other words, whether fraud was used to procure the transaction. (If the transaction was fraudulent, it probably does not have the legal status of a contract.)
The Demurrer legal definition is: An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit.
From Wkikpedia: Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading.
So there you have it, United Parcel Service and Liberty Mutual Insurance were saying in layman terms: "SO WHAT." They would then contest my benefits at the Employment Development Department ( I had filed for unemployment and find my own re-training) Their reason; "I was Released for Misconduct."
I won the hearing and all of my benefits. 😀😂 Administrative Law Judge Francis E. Murphy was not buying what United Parcel Service was selling. Their attorney admitted; "the information we have is he was released for misconduct" --Sandra Hirotsu legal counsel Liberty Mutual/ Law offices of Lynn P. Peterson. These Effing people were busy stealing me and my families, career, pension and retirement package. Again I report; "My Family has never recovered financially from this theft. It was Forced Economic Poverty. A nasty deficit, along with a does of disability discrimination. See the video below for in-depth focus. 😎
Defendant Lynn P Peterson ESQ.
Lynn P. Peterson, was an Attorney for Liberty Mutual dealing with my Work Comp attorney in this case. She was aware of my request to return to work and my employment contract. Her Office is in Glendale, California. She was real buddy, buddy pals with Michael Lopiano. They apparently had done a lot of work together in the past. Both "Honorable and distinguished members of the Bar" were busy disregarding the Doctors Report form the Southern California Orthopedic Institute dated 04/17/1997, the QME report dated April 22, 1998, and my requests to return to work.
In 2002, I contacted the Work Comp courts about my case, I asked; Why did they fail to approve the case per the QME report? Why was the QME report kept from me? I told the lady on the phone; the work comp judge would never have approved this had he been presented with the forced resignation. They actually told me; "what you are saying to us Mr. White does not happen at our court house, sorry, have a nice day, good bye." Crickets? Frogs? and Toads?
After 18 years of the, "Shush be quite routine," I released my trial brief online at my twitter account @Theraw420. On November 27, 2017, I received four replies from Liberty Mutual Insurance Company almost 20 years after the fact. They contacted me with an apology. United Parcel Service remains silent. Judge Rothschild is deceased. My ex Work Comp Attorney Michael Lopiano is deceased. My Labor Attorney Carroll is in his late 80's. He resigned from the State bar in 2012.
😁
Carroll A. McCortney Retired in 2012. A great humanitarian and scholar for taking on my case and believing in me. He didn't have to waste his valuable time. I was never able to repay him.
Dr. Steven Schopler M.D. at the Southern California Orthopedic Institute in Van Nuys, California wrote the report. Is this the document that both UPS and Liberty Mutual Ignored, lost, forgot about, crumbled up threw in the trash and claimed was faked? My manager did this with such disregard for Public Policy that I felt perhaps the Doctor and the Southern California Orthopedic Institute was in on this too.😂😀
The founding fathers of United Parcel Service are spinning in their graves.
The above report was crumpled up and tossed into the trash can like a basketball. I went back and picked this legal document out of the trash when my manager stepped out for a cigarette. I couldn't believe this was the kind of behavior unleashed over filing an Injury report. I checked in at the Glendale Adventist Hospital where I had the very best in emergency care for mental stress.
I grew up in Glendale California, went to school there. Played little league baseball. One time I high five'd President Gerald Ford after his "Days of Verdugo" Speech at the Glendale City Hall, October 8, 1976.
The Fischer St. Gang 1976. I'm in the red. President Gerald Ford's Speech 1976.
Glendale Little League. Team George's Shell. Scholl Canyon Field 1976.
The shear terror of the noise the building was making as it collapsed over our heads, the transfer belts saved us. I was violently thrown to the ground, crawled out on my belly thru the rubble out the exit door. I didn't file one Injury report from that Incredible life threatening moment. We helped; searching for fellow employees and got a head count Immediately. Part of our safety training had kicked in, and we went to work. We ended up pulling package cars out of the building debris before the building was Red Tagged by the fire department. Yes, of course we grabbed all the next day and 2nd day air packages out of the building for delivery that day. Very few if any of the ground drivers were able to show up for work. Many turned around and went back home. The "No Call-No Show" policy was lifted, the phone lines were out, and we were basically shut down to simply delivering next day/2nd day air only.
I was part of something great. In 1996 I finally had my own full-time route. I was Vested with the Teamsters, I had 17 years to go before my "Golden 80" retirement package date: September 5, 2015. Life was good. My plan was to provide for myself, family, and my parents in our old age.
I had my portfolio all planned out. The financial planning was well thought. I was 13 years in, with only 17 to go, for 30 and out package, or 12 years to go, for a 25 and out retirement package.
Photo:1997, Glenoaks /Buena Vista at 7-11. Burbank California.
I always turned left here to use the pay phone. My favorite stop.
This shot below is from 12/11/2017.
On April 11, 2000 I applied for a job with FedEx at their office/Hub in Glasell Park off of San Fernando Road. A FedEx supervisor named Tom Regan expedited my application. He was thrilled, "a former UPS driver is perfect for FedEx," he said. Tom was also my supervisor over at UPS. He was now working for Fedex. I was thrilled too, felt a sense of validation and looking forward to getting back to work for a new company. I was offered the job. Of course my case was pending in State Superior Court. I didn't get hired as you can read from FedEx rejection letter dated June 8, 2000. Did UPS blurt out their fake phony "misconduct narrative" to FedEx and their HR department?
Here's the actual letter from FedEx.
In 2001, after the FedEx rejection letter, I had to take anything, so at 32 years old I took an $8.24 an hour job in the mailroom at Warner brothers studios. Unable to purchase my first home and my Credit tanked. My girlfriend put me in the friend zone (I shit you not). I took a huge $14 per hour loss. One hell of a deficit. The shipping clerk there was named Tony. He felt sorry for me, helped me out. I was his old UPS delivery man. Great benefits, Great people, fantastic environment, but only $8.24 per hour to start? I took the job and loved every minute of it. I wish I would have started working there right out of high school. It was just like High school all over again. I had to move on and make myself whole. I needed what was taken away. I was suffering from PTSD earning $8.24 an hour? Lost my ability to buy my first home. Put myself thru Aviation school, girlfriend ran off with another man with a better job, called off the wedding, never had the blessing of starting a family. My mom says I'm lucky. 😎
I Did some transpo for Western Studios in 2007/08 in the $17 an hour range. Every job I applied for asked; "why did you leave UPS?'
Westco was a great place, family friends helped with this Job. Did some Sheet Metal/Air unit Installs, Plumbing/Construction 2002-2004. Hard physical work, it was fun but it would tear you up after 11 hours.
Mobile Television Freelance 2009. Stanford ford University 5k run 2006
Academy Awards 2008. Warner Brothers 2001
Academy Awards 2008. Warner Brothers 2001
I took any job I could get my hands on. Most not so steady, some had signatory unions, most were freelance or very low paying jobs. Some with no medical. I never said one word ever about my Injury to any employer that put me to work. I tuffed it out as they say, it was like a headache in the left side of my ass most of the time.
Landed in Thrasher Magazine August 2004 Issue after years of healing.
In 2004 did some really hard construction work. Rode a skateboard, did some freelance camera work, transported some Television trucks here and there back in 2005, to 2012. Freelance work for Woodleaf Mobile TV.
Applied online at Costco in Burbank in 2015, followed up, not hiring, especially me being "Misconduct Boy." Produced a concert DVD when DVD's were popular for a Band named Bad Religion.
Click on the DVD cover and order one direct.
Disk sanding 2016 Arcadia. Restoration of the Reagan Room 2015 Jonathan Club DTLA.
In 2017 while many of my former co-workers whom I hired on with in 1985, have retired, comfortably, those that have not, are planning their retirement in the next few years. I'm still searching for that good corporate career at 52 years old?
Photo circa 1986. Van Nuys hub small sort. Photo circa 1997. Burbank, California.
Click on the Image to see the video. Those Arches and Pillars and stage I helped build from scratch.
We will never know how/why this Judge came up with her ruling and on what grounds? I'm sure it was all based on precedent and legalisms and word crafting. What Influenced her? (She was a Democratic Company Judge?)
1) why didn't you toss this case back to the Work Comp Appeals Board where it belonged?
2) Who's Idea was it to amend the $300,000 legal bill I was left owing UPS/Liberty Mutual?
3) How did you reach your conclusions, ruling in favor of the defendants, not once, but twice?
3) How did you reach your conclusions, ruling in favor of the defendants, not once, but twice?
4) Did you know (after reading my trial brief) UPS/Liberty Mutual had fraudulently broken my employment contract and Labor code 5001?
5) Hey wait a minute, there's doctors reports? Did you read the Doctors report from the Southern California Orthopedic Institute dated 04/17/1997 by Dr. Steven Schopler? Did you read the QME report dated April 22, 1998?
6) Can you tell me why Judge Carolyn Kuhl had to recuse herself after 9 months presiding over this case?
They didn't like their own company Doctors report? How did we get from this Orthopedic Surgeons report, to a denial, then on over to the Workers Compensation court, to the QME report, with me being forced out (invalid forced resignation,) all the way over to Superior Court with me owing over $300,000 in their (UPS) legal bills? They would then so kindly amend. As if they were doing me some kind of sick favor?
The answers were in this very Appeal from Judgement filed June 21, 2001?
The above Image/Info was just about all I could find of Judge Rothschild online. From Anonymous in 1998.
She was a labor law Judge to the stars? She gave UPS their Demurrer. We filed an appeal, Judge Rothschild rules again and granted a second Demurrer in Defendants favor? She gave no rhyme or reason on how she came to her conclusions. A Jury trial would've given me my job back at least vocational rehabilitation equal to my loss. Simply stunning to note I ended up owning their legal fees of over $300,000 they so graciously amended.
So I should be very grateful? I share my story on The Hill At Twitter. My story aligns up perfectly with the President of the United States. He's speaking my language. It's to repair the damage Starting Now. DACA? Where's my dream?
I had "Trusted" the System. I trusted Liberty Mutual Insurance to follow the QME and SCOI report. I trusted the workers compensation appeals board to oversee the entire process without a forced resignation. I trusted the Judge in that case to protect me from a forced resignation without question. I trusted the State of California to uphold Labor Code 5001. The whole system was absolutely useless for me and my family.
On April 22, 1998 a Qualified Medical Examiners Report (QME) was made to Co-Defendent, Liberty Mutual Insurance Company with copies sent to plaintiff's attorney and to the workers' Compensation Appeals Board. In such report the examining physician declared that Plaintiff was "In need of prophylactic work restrictions precluding heavy lifting". Such report further declared that plaintiff should be offered modified work, light duty, or be a candidate for vocational rehabilitation.
How did UPS and Liberty Mutual get around this QME report? It was an "Involuntary forced resignation"? Without the approval or knowledge of the Workers Compensation Appeals Board. Why didn't the WCAB enforce the QME report and oversee the transaction in the first place?
The one person who got this nightmare ball rolling for me and my family was my UPS center manager. We'll call him Scott Firman, shall we? Now Scott took it upon himself to manipulate my Injury report. On this occasion he decided my reoccurring injury was fake, and my Injury report was all of the sudden filled out wrong? He then threatened my job, told me he could fudge the report and have me fired and maybe go to jail. (same dude from trash can incident). I reported this to the UPS 800 help line, spilling the beans there. Then had to file my first work comp claim to try and get the continued care Dr Schopler reported on 04/17/1997 at the Southern California Orthopedic Institute. I had a fellow Teamster/co-worker find out info, he tells me; "your manager had drinking problem?"
They were never "properly" held accountable, --Disability Discrimination, ADA violations, and lord knows what else.
So lets crack open a beer, Pop a Cork, or better yet, lets down a bottle of fricken Gin, and take a look at my Social Security Earnings Statement. The red indicates the beginning of the breach. A severe hemorrhage lasting 20 years? Lets take a look and see shall we? Ahem...
In the end, UPS, Liberty Mutual, a Work Comp Judge, a State Superior Court Judge, and Gibson, Dunn, and Crutcher argued with me about my requesting to return to work. They kept arguing. Why?
In 2011 I was working at the Disney Studios in Burbank. I happened to see my UPS training supervisor pull up in a P-500 ( package car). He made sure I was success on route. I said: "Hi Dave how you been? he said; I'm just busy doing your job right now" I was overcome with emotion, held it all in and said; "They wouldn't let me keep my job". We shook hands, shared a few good thoughts about the good old days during the 94 earthquake and went our separate ways. He gave me the validation I was searching for without having to ask. Dave was one of the good ones. Some years would pass and I'd bump into Dave again. This time at a sporting goods store circa 2014. We shook hands. He told me he had retired. I congratulated him. Dave knew that UPS was wrong in what they did. He knew I was one of their best.
This upset me so much I wrote a song about it called "Shut up Richard" wanna hear it? it goes like this...
I performed my song live in Downtown Los Angeles March, 2016 to a small group of 30 people. They fricken loved it.
My father passed from Cancer in April of 2015. Before he died he asked; "did you ever get that thing resolved with that there trucking company?" I said; "No dad, they got away with it" He said; "let them hear about it again" He passed three days later on April 19th, one day before my 50th birthday. I set up a GoFundme page, with help from High school friends, along with kind and caring people from his church, friends and family, We were able to get him buried next to his Grand parents Momma Alice and Daddy Bill "Tex" Williams. in Rose Hills in Whittier, California.
At 44 years old, in 1988, Assemblyman Richard Katz recognized him for a job well done.
My parents and family really enjoyed the tour. The San Fernando Hub in Sylmar was the Cadillac of hubs at the time. I had only been with UPS for two years in 1987. My whole family was there for open house.
My Stepfather passed in June of 2017 from congestive heart failure related to Cancer. I have a feeling this whole experience of mine broke his heart. I'm taking care of and helping my 73 year old widowed mom and her one eyed flat coat retriever Abby these days. I'm enjoying every minute with them.
If you enjoyed this story and would like to donate You can send donations direct thru our families paypal account. One dollar or more will help. Thank you for reading.
I''m an Honorary member of the IBT International Brotherhood of Teamsters.
I come from a family of Hard Working Americans.
Teamsters Initiation Date: Jan 20, 1986. Signed Carl Lindeman IBT.
This was my first and last experience with a work injury 22 years ago. In 2019 at 54 years old, my medical report is blank as you can see in my current records with Kaiser. For the past 20 years I've kept my mouth shut, refusing to use Doctors or report anything to them based on my experience with how their reports will steal and cause the loss of a career, pension, benefits and retirement. I don't trust Doctors or the Medical profession. Would you?
--The violent threats from management, reporting one to an employer, then ending up in the Workers Compensation Court System. A horrible disaster. I never got to go back to work, continue to advance in the company, go to aviation school, buy my first home, start a family, or retire with my golden 80 pension plan. The QME meant absolutely nothing.? I was never "retrained" as I refused retraining and insisted on returning to work. While my Insistance on returning to work was disregarded, the wrongful termnation was upheld with no retraining . I was never accommodated as per the ADA, and I was never given a copy of the fake rigged resignation.
James wasn't kidding, they really did cut me off at the knees.
...and that my friends, is how you lose a million dollar career/pension and retirement package. This would've never happened to me under Founder Jim Casey or with Head of HR Larry Fagan. My work injury would've been taken care of with utmost respect and professional courtesy.
It's a Rigged System, Drain the Swamp. --President Donald J. Trump United States of America.
Dedicated to my Father...
Ralph Alan White, April 2015. Certified Welder City of Los Angeles. Substance Abuse Counselor for the Malibu Court House. Malibu, California. Queball-1 Billards Champ. Hard Working American.
My Step Father... "sound like your manager had a hard on for you, and broke company policies to get rid of you"
Wendell Todd Lindsey June, 2017. General Motors Lineman, Manager Hilton Hotels and Resorts. Model Airplane Pilot. Hard Working American.
My Great Grand Father...
Bill "Tex" Williams 1994. with Momma Alice Williams, 1985. Grand Master Train Engineer for Southern Pacific Rail Road. He hauled UPS containers from the 1940's thru the 1970's. Hard Working American.
God Speed.
© 2019 Richard Alan White.
Thank you for taking the time to read. If this story doesn't make sense, it probably doesn't make sense. Been trying to make sense of it for 20 years now.
Thank you for taking the time to read. If this story doesn't make sense, it probably doesn't make sense. Been trying to make sense of it for 20 years now.
