Guest guest Posted July 31, 2005 Report Share Posted July 31, 2005 , Congrats! Was your initial claim denied? Or did you get approved first? Just curious because my initial claim was denied and now we are in appeals. I have to go for their Independent Medical Evaluation (IME) on 8/15. My testimony was scheduled for 8/11 but that got postponed because my employer’ s lawyer wasn’t available. My employer terminated me and I am now unemployed as of 7/15 because I could not return to the office to work. Thanks, Kim [] Workmen's Comp Claim My claim was approved this week! I consider this to be incredibly significant! OSHA stepped in a few weeks ago and now the company is tearing out walls and replacing them. I left my employer two weeks ago, it was time for me to move on. Perhaps my health will improve faster since I am no longer there. Thanks for all of your support and knowledge! I have learned valuable information here! J. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 31, 2005 Report Share Posted July 31, 2005 Thankfully, I was approved the first time around and so was a co-worker. The representative from OSHA that I spoke with was very patient and inquisitive. I unloaded a ton of information on him and he was receptive. I want to be prepared to be a voice and put a face on the mold issue! Hang in there Kim, I hope your appeal goes well! J. Kim Kauffman <tkkskauffman@...> wrote: , Congrats! Was your initial claim denied? Or did you get approved first? Just curious because my initial claim was denied and now we are in appeals. I have to go for their Independent Medical Evaluation (IME) on 8/15. My testimony was scheduled for 8/11 but that got postponed because my employer’ s lawyer wasn’t available. My employer terminated me and I am now unemployed as of 7/15 because I could not return to the office to work. Thanks, Kim [] Workmen's Comp Claim My claim was approved this week! I consider this to be incredibly significant! OSHA stepped in a few weeks ago and now the company is tearing out walls and replacing them. I left my employer two weeks ago, it was time for me to move on. Perhaps my health will improve faster since I am no longer there. Thanks for all of your support and knowledge! I have learned valuable information here! J. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 31, 2005 Report Share Posted July 31, 2005 I got OSHA involved to let them know about the problems with my former employer, but after several letters to my employer requesting the problem be fixed, my employer's lawyer wrote them a letter basically saying that had no jurisdiction. Re: [] Workmen's Comp Claim That's great news. I've always believed OSHA was the agency to wield the big stick. The problem is getting them to appreciate that mold is an industrial problem and they have a responsibility. Unfortunately few OSHA personnel understand mold to be a problem. A few states are like land with a state OSHA agency which takes action automatically upon notification from the state WC office of a workplace hazard. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 31, 2005 Report Share Posted July 31, 2005 Thanks. When I filed the worker’s comp, they had never heard of this type of problem. It took my doctor’s office awhile to get the letter typed up saying that my illness was related to the mold exposure at work. The insurance company said they would have to temporarily deny it until I had that letter. Unfortunately I got the letter from the doctor the same day I got the denial from worker’s comp, then contacted an attorney for the appeal. I gave the OSHA rep a ton of information too… but, since there aren’t any standards for indoor air quality or levels of “acceptable mold spores” they really couldn’t do anything more than threaten to cite the employer… of course the employer’s attorney came back with what grounds do you have to cite them for anything since you have no standards. I’ll keep you posted. RE: [] Workmen's Comp Claim Thankfully, I was approved the first time around and so was a co-worker. The representative from OSHA that I spoke with was very patient and inquisitive. I unloaded a ton of information on him and he was receptive. I want to be prepared to be a voice and put a face on the mold issue! Hang in there Kim, I hope your appeal goes well! J. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 1, 2005 Report Share Posted August 1, 2005 Kim Kauffman <tkkskauffman@...> wrote: I gave the OSHA rep a ton of information too… but, since there aren’t any standards for indoor air quality or levels of “acceptable mold spores” they really couldn’t do anything more than threaten to cite the employer… of course the employer’s attorney came back with what grounds do you have to cite them for anything since you have no standards. And you can believe that if there WERE standards, the attorney would have been claiming the employer had met them and couldn't be held responsible for poisoning you! And barring that, they'd just say you are lying and your doctor is mistaken. And barring that, they'd just say you might have gotten poisoned, but it was someplace else. And barring that, they'd just say you might have gotten poisoned, but by something else. And barring that, that you are crazy and don't know what you're talking about. And when all else fails, they try to intimidate you by claiming you have libeled or slandered their client. And if they lose, they try to get you into a non-disclosure so you can't talk about it after the fact. They're gonna fight you, any way you slice it. The only thing that changes are their tactics. I find it interesting that defense attorneys are some of the biggest supporters of having such standards. That position speaks volumes. But don't give up! They lose sometimes, no matter what they say. They know this. That's why they keep trying to find more tools against us. Serena www.freeboards.net/index.php?mforum=sickgovernmentb --------------------------------- Start your day with - make it your home page Quote Link to comment Share on other sites More sharing options...
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