To Mr John Duncan, Holly Hayashida, Governor Arnold Schwarzenegger, and esteemed professionals.

11-7-07,

I started out writing to the Judicial Ethics Advisory Committee but after filling out the form I realized I had done this before in a complaint to the above committee and this was going to be an exercise in futility as before. That is because of my industrial caused injuries and because of all my other many attempts to get justice and impartiality by
Judge Volkan, Presiding Judge Joel Harter, other WCAB professionals, and the Workers Compensation Appeal Board; again this would be another act of futility to obtain justice for myself - an injured worker as well as for other injured workers.

I am requesting an investigation and a public inquiry/hearing into the subset of victimization of injured workers who have suffered civil rights and constitutional rights violations of discrimination , violation of intellectual due process, violation of due process and criminal retaliation for trying to get owed compensation guaranteed to us by the California and United States Constitutions.

Being an advocate for almost 2 decades has engendered me to experiences and witnessing within the WCAB, the Dept of Industrial Relations, the Fraud Assessment Commission, The Department of Insurance, their District Attorney Fraud Unit audience and the Commission of the Health and Safety, Workers Compensation Committee, the California Bar Association, the Dept of Justice and OIG-Office of Inspector General and testimony also to multiple California public hearings since 1989 regarding the ongoing denials of workers compensation wages, medical benefits by self-insured employers like Kaiser.

Many injured workers and their advocates have attended numerous public and legislative hearings to no avail for remedy for injured workers who are deliberately being denied medical care, wages and vocational rehabilitation. I find this is really just going to places and visiting regulatory officials that are not injured workers and cannot relate to what these victims are going through.
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Today I was told by a DIR-Dept of Industrial Relations employee to keep my letter about injured workers. But what happens to me happens to others.

I am waiting for all my properties - records to go forward with my Serious and Willful trial.

I have been waiting for just about 2 years.

Thus far Judge Volkan at 2424 Arden Way, Sacramento Ca., 95814 has deemed it unnecessary to call a hearing that should expedite my claim to get records that Kaiser Foundation Hospital attorney Ted Richards has. Ted Richard had previously shown a few of the papers but did not share the rest of the record with me.

I had a witness during that hearing and he claims I have to file a Declaration of Readiness in order to get a copy from Ted Richard, even though he has claimed during the interim he doesn't have access to the files. Certainly that hasn't been the case since 1988.

I have tried to get Judge Volkan removed from the case but Judge Joel Harter said "NO" with no points and authorities,

I tried to get a change of venue but the WCAB said NO with no points and authorities.

I tried to get the Ethics Advisory committee to investigate for judicial misconduct but Destie Lee Overpeck - letter denied me without any points and authorities. She has risen through the ranks while my case has been ongoing. I have two letters from her about Judge Volkan including an informal counseling, but was removed after I wanted to file another cause of action to show that Judge Volkan's discipline was declined because of a letter from Destie Lee Overpeck.

Presiding Judge Joel Harter's office and his secretary, Barbara Tierney (yes, she's related to the former movie actress, Gene Tierney) only gave the advisory committee part of my file which I didn't know about until I wanted to review my file. I had to wait 5 hours to review my file because the partial files had to come BACK from San Francisco.

Judge Volkan wrote two notes which are in my WCAB file that shows a complete lack of impartiality, discrimination and malicious malignant - libel and slander of my character which is a direct result of retaliation against me. It is a wondrous thing that the Ethics Advisory Committee totally ignored those two malicious notes which shows that there is no accountability for judicial misconduct .

I tried to get my Serious and Willful into a trial but Judge Volkan said she would sanction and penalize me. I believe that this is exactly what Kaiser wanted. I told her on November 25 2005 during the Mandatory Settlement Conference hearing that I wanted any and all of my kaiser records which I still wait for today.

Judge Volkan discriminates against me because I do want my due process and that maybe a challenge to her for such a thing as my wanting a trial.

She has yelled in her court, what she likes to hear is "settlement". She could call a hearing at any time just as other judges but instead has done nothing thus far. This is retaliation, discrimination, retaliation on my claims which are supposed to be expeditious as to not put a financial burden on the injured worker or on public funds. That is what has happened in this case. I have been on social security since 1992.

I was not given vocational rehabilitation as promised by the state of California. The director of that dept - Mr James Stafford denied me vocational rehabilitation hearings and told me months later that he didn't have to give me any hearings, and denied me some of my VR file.

I had to give him a code to get a partial copy of my voc rehab file. He denied me vocational rehab on a fraudulent premise.

I am disabled by Kaiser with multiple repetitive injuries and specific injuries, and have been discriminated against because I am a disabled injured worker. I told him that he was discriminating against me but he just shrugged his shoulders.

No one at the WCAB has attempted to help me to get my 19 year old case(s) which is discrimination and retaliation in of itself into finalization with a positive resolve, including and especially by Judge Volkan and Presiding Judge Harter and the rest of the WCAB professionals.

I will never get a fair hearing or trial in Sacramento cause of the acknowledgment of my presence at the Sacramento WCAB and because Kaiser wields it's political power in the Sacramento Capitol. Most kaiser employees are handled the same way so that's an automatic given and because most serious cases by self insured employers like Kaiser-Jenkins Athens Administrators such as mine end up into litigation neurosis until we die off.

I need someone from the DIR-WCAB-CA.GOV and CA Justice Dept - CA Judicial Counsel to have a tribunal/public inquiry and or public hearings to investigate all the above charges including fraud and corruption by the self-insured employer-Kaiser and the TPA-Jenkins-Athens against me and others.

I have the WCAB's written proof along with my testimony, other injured workers testimony and their written proof.

Injured workers who dare to represent themselves suffer over and over again, the same acts as indicated above. The state of Ca. enacted legislation to allow the acts of violations of civil and constitutional rights to perpetuate with injured workers unjustly, ultimately resulting into, denial of medical care, destitution, denial of life liberty and the pursuit of happiness - denial of voc rehab, unlawful persecution by law and order of this state and then ultimately, death.

These are civil and constitutional rights violation as well as discrimination and retaliation.

I request that this can be judicially remedied expeditiously on my behalf as well as on behalf of the many other injured workers like me who suffer the subset of victimization by the WCAB and other state agencies under the Governor and the State of California.

Sincerely,

Dina Padilla

dinapadilla@comcast.net