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A letter from Dina Padilla to All Elected Officials:
After many years of being in the system of the worker comp system it has come to my attention that the Congress of the United States needs to establish a worker compensation commission to intercede, investigate and restructure the worker comp system that unconscionably denies and deprives the people of the United States, their ability to  life, liberty and the pursuit of happiness as 
guaranteed by the United States Constitution.

I do not mean any more reforms either. Everytime there is a reform it only further injures the already injured. This doesn't happen in just one state, it happens clear across this country.

A major part of the problem for injured workers is that corporations are not regulated and/or labor laws are unenforced. Or worse, the laws that protect only the corporations are enacted and enforced. Where does that responsibility lie? Is it with the legislators?  Is it with the corporations. I believe it is both. The legislators are the most responsible for turning their heads when  poor legislation is introduced and voted on and or turn their heads to the atrocities that employees face on the job with negligent employers.

Millions of injured workers are injured every year. Since 1992 there are about 13-14 million injured every year  in the U.S. and those are only the ones that are reported. 

About 25% of those in California alone amount to about 250,000 seriously injured per year. The statistics increased  from 200,000 in 1999 when documentation first began on these issued.

That amounts to several million in the last 12 years just in California alone. What is perhaps the most pernicious is the delay and denial of benefits to the most seriously injured. These folks get little to no medical care and then become totally disabled because of a lack of medical care. That is medical malpractice and nelgigence on behalf of the employer and the insurance carrier and including the doctors who greatly assist in their reports to deny care or give their opinion to give care that will either further maim the patient 
or kill them. There's plenty of malpractice going when employees cannot get their care or only receive shoddy care when they are employed. It all adds up to the same equation.

After the injured is illegally fired they lose all their other benefits like medical, life insurance and their pension plans. There is plenty of blame to go around. The employers are self-insured who hire questionable insurance carrier admistrators to do their claim handling, then hire huge law firms to deny and delay a claim. These same attorneys also hire doctors who are in the military 
who lie on just about every line of their medical-legal reports that conceal the real injuries of the claimant and the circumstances surrounding the injury.

Then we have our attorneys who allow the abominations to go on and then hire the same doctors to send us again for more medical-legal reports that have more lies and more omissions. These doctors earn thousands of dollars per report depending upon the extra lies they write in their reports or the many omissions they leave out in their reports.

When and if we ever go to the quasi maritime wc court for a trial , we're put off with pretrial hearings which are nothing more then intimidations and then are told more lies to get the injured to settle for a miniscule amount. Many of these cases were discrimination cases that were remanded to the wc court by both state and federal civil courts. These hearings can be called "other type 
of hearings" but it all adds up to the same thing. Little to nothing for the injured worker. A little to nothing is better, after waiting years and having nothing - so the injured settle. They are desperate to eat and pay for a roof over their heads. 

The first year they lose their house, the second year they lose their spouse, the third year they settle for nothing. There are cases  that are well over a decade old. These people are on social security. No thanks to the attorneys who  are supposed to legally represent them. Now the tax payer pays for the injuries and the medical care. The employer is now free from all 
responsibility from paying out the claims.

The judges who are supposed to lean toward the injured are assigned these cases as soon as the claim is filed with CAL-OSHA and the Dept.of Industrial Relations (name may vary from state to state). These judges know what appears in front of them when a motion is filed but the motions that the employer files is the one the judge will only answer to.

The employees rights of due process are inored by the judge of the maritime court. Then when and if the trial finally does come to fruition the real games begin. The grand finale to fraud, corruption, concealment of evidence and obstruction of justice. No matter how hard an injured worker fights in the this quasi maritime court the upper courts will listen to the judge no matter how wrong the wc judge is. The injured worker does not have access to due process again even though they are the ones who are called frauds, malingerers and fakes.

There is much work that goes into concealing an injury, the way it happens, all so that the employer will be protected. The people who protect the employer all get paid handsomely, the injured worker gets very little. That in of itself is the telling tale of the debacle of workers comp in this country.

I don't know when this country will realize that injured workers are human beings and citizens of this country, that we are not chattle, that we are not slaves and that we deserve the same opportunities as employers and legislators but who have so woefully have been denied.

I am asking that the United State Congress get involved in investigating the self insured companies and find out exactly where does all that money go, because it doesn't go to the injured worker and it doesn't all go to the people who aid and abet in concealing and denying the claims. Many of the second policies for serious injuries are never paid out. The first policies are gerry-rigged to 
pay out  to the frauds and the corrupted but still much of the money of the first claims are still out there with no accountability. Then maybe we need to look at who are the accountants (KPMG) of these companies and how these claims are actually paid out. 

We need a federal forensic audit to be conducted by Congress, the DOJ, the GAO in these insurance companies whether they are 
self-insured or not. The insurance companies claim they lose 5 billion per year according to the NICB. Well, why don't we investigate just exactly how they lose this money? Is it to fight claimant fraud or is it to fight "A" and "B" policy part of the claim  and then send the REST of the money, millions, elsewhere? 

What happens to the second part of the policy, the "B"policy?  That money for total permanent injuries is rarely seen by any injured worker who has lost their capacity to work  BUT somebody has it!

Do the citizens of this country have to be injured and pay the price for a small group of others to profit? Is it part of the caste system with workers comp joining up with outsourcing and illegal immigration that erodes away at the U.S citizens right to work? 

The almighty dollar is all that counts? AND WHY? What does happen to all that money, million, billions and trillions that employees have paid out for the last several decades, the trillions from UNCOLLECTED medical benefits, pension 
plans, insurance policies, worker comp claims? Yes! WE need YOU the Congress of the United States to investigate these 
crimes against humanities. These may be subtle crimes of humanity in this country but they are crimes none the less.

Being injured on the job is a nightmare made by corporation hell. It needs to be stopped and the injured need to know that they are being represented by their legislators and the Congress of the United States. That their injustices will be recognized and righted by the U.S.Congress, by the very people who vote Congressman in their office for our representation. You are our VOICE!

I have written to the DOJ, the GAO and many others to right the wrongs and outrageous injustices of the employer, the corporations, the insurance companies, the media and the judicial branch - BUT they have turned their heads to the egregiousness of injuring people who live here in the U.S. 

My one question is, I want to know, why the crimes of workers comp have been allowed to go on so long and that none of the powers that be have ever addressed those with the ongoing inquiries concerning the crimes of workers comp to injured workers. 

Is it because it is profitable to some of the legislators or ex-legislators ( now lobbyists/consultants) who give their friends government contracts to corporations?

I know that many other injured workers continously contact the legislators and the media with no repsonse. The wc elephant is in the room and needs to be acknowledged unless the legislators and the media are part of the wc problem.  It's really all up to you. Being injured on the job is one of the most outrageous inhumane acts that can happen to anyone who has to be employed. 

We should never be deprived of what we were promised under the Constitution of the U.S. Our civil rights have been violated just simply by the virtue of working for Corporate America. Does that mean we are no different then the slaves from the centuries before?  Is this our reward for being productive citizens? To be maimed and/or killed on the job?

This is a form of  genocide, this is inhumane, this needs to righted. 

We need justice, we need compensation, no different then anyone who has been deprived of their rights or their liberty. We need you to repesent us in one of the biggest debacles in history and to right all the wrongs of the worker compensation system across the U.S. put upon us like a plague in the last several decades. You have the opportunity to be the solution for the people of the U.S. 

People first, corporations second.

I know what is wrong with the system. I also know what should be righted in the comp system!. 

Please contact me at the below address for more testimony to be included to the Congressional worker compenation commission! 

Sincerely, 

Dina Padilla
President of VOICES-CA.CHAPTER
President of B.E.S.T(Battered Employee Support Team)
MCRC Board Member
7564 Watson Way. 
Citrus Hgts, Ca. 95610
1-916-725-2673