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818 631-0513
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Cost Shifting, The Attack On Injured LAUSD/UTLA Teacher
Rosalind “Rozy” Press & The Appeal To The CA Supreme Court
CALIF. CORRUPTION!
And you were all wondering were your tax dollars were going.
Is this how teachers are treated working for LAUSD-Death and Total Disability? And students injured and abused. No Paramedics called.
180 students sitting in toxic chemicals for months. Nothing happens to the student. School police refused to do anything.
LAUSD does nothing spends millions to win.
The Ca. Supreme Court now has my Petition for Review for my LAUSD WC Case.
My lawyer, Clint Feddersen’s Letter.
Rosalind Press became permanently, totally disabled with pulmonary problems and fibromyalgia after an unruly student discharged the contents of a fire extinguisher in her face in her classroom in December 2000.
She was sent to orthopedic and psychiatric Agreed Medical Examiners (AMEs), which are commonly used in workers’ comp cases, instead of using more appropriate specialists in rheumatology and pulmonology. The orthopedic AME said he would have to defer to a rheumatologist, and the only complete rheumatology opinion in evidence said that Ms. Press had totally disabling, chemically-induced fibromyalgia from the work exposure. However, the judge ignored that and went with the psychiatrist AME, who said she had somatoform disorder, then eventually apportioned 40% of her total disability to a personnel action (which she had actually won, and records of which were supposed to be destroyed per an agreement between the school district and the union), and to a “personality disorder” that the AME never diagnosed until the judge, who apparently didn’t like Ms. Press, suggested it. In California workers’ compensation cases, taking 40% off of total disability results in a more than tenfold reduction of benefits, not just a 40% reduction, so Ms. Press has no benefits left and her school district has even claimed she owes them the return of benefits used for her support, as a result of the AME psychiatrist retroactively changing his opinions.
Another teacher in the same school district was sprayed by a student with a fire extinguisher, and he ultimately died of pulmonary failure. The AME in his case (who was a specialist in “occupational medicine,” not pulmonology) similarly misdiagnosed him and decimated his benefits as suggested by the school district’s attorneys.
On cross-examination, the AME in Ms. Press’ case admitted that he had no basis in evidence to make the diagnosis which took away most of her benefits. When this was pointed out to the judge, the WCAB Commissioners, and the Court of Appeal, they did nothing to correct the misdiagnosis and inappropriate apportionment of benefits. Ms. Press now has a petition pending before the California Supreme Court, based upon an important unresolved question of statutory interpretation that could protect every totally disabled injured worker in California from having their support taken away, which is often done on trivial or speculative grounds as it was in Ms. Press’ case, and which ultimately shifts most of the burden to pay for their sustenance from insurance companies and uninsured employers to public welfare and assistance programs.  If Ms. Press does not prevail in the Supreme Court, everyone will continue to pay for this statutory windfall to insurance companies and employers who do not buy insurance.
Clint Feddersen
818 981-9960

 

Rosalind “Rozy”  Press
C 818 631-0513