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  1. #11
    Join Date
    Jan 2012
    Location
    Michigan
    Posts
    8

    Default Re: Denied Workers Compensation by Improper, Illegal Investigation by 3rd Party Carri

    The EEOC has to do with being discriminated and harassment.

    I obtained an mental problem starting at end of March, then it progressively got worse as the actons taken upon me got worse.

    It was July 5th when she used the buzz words poor performance that it hit me and I had to do something to make it stop. My only action was call hotline as the HR did nothing back in April when 3 people first reported.

    I continued to work and had to work twice as hard to make sure they could not get me on any performance issues so they started changing the RULES and processes BUT I was ONLY one getting these changes that afffected everyone in the dept in my position.

    My appearance changed but I also would break down crying. Everytime she called me into another pvt meeting and when I stumbled upon my Dir taking over the paper trail and looking at all my cases meant the investigation was not stopping these actions. It was now just passed on to the Dir when Supervisor was doing to get to this point. I found her looking at all of my work.

    Received a bogus memo ONLY TO ME based on being aksed 7/26/11, why was I slower than normal on 7/25/11. I said my simple anwser. I had one day from DOH, my typing was not my normal speed and results in errors I had to go back and fix which took more time out of my day, I said for whatever reason they were like noodles that day. NOT good enough, I then get a memo 7/27/1 (my day and took day off so really got on 7/28/11 and have new RULES JUST FOR ME> was a memo really necessary for that one question and I gave her an anwser for one day in which I wasnt the top producers as I normally was???

    IS BEYOND extreme and it WAS NEVER DONE TO ANYONE ELSE WHEN THEY HAD AN OFF DAY). 7/12/11 I was told I would be reporting to Dir now, not supervisor during the investigation. Same day Supervisor gave me EAP card and same day Payrol Mgr sent me an email asking if I was ok because she was worried about me and gave me her cell number to call her anytime.

    I know it states reporting to EEOC they cant fire me for reporting BUT it also said in the integrity book I would not be retaliated by reporting to HR or calling the hotline and each time I reported I was retaliated.

    I figured if I went outside agencies to report all of this that even though I could not prove discrimination, but I could prove retaliation they would still get in trouble for that action taken towards me.

    I had list of all agencies affected by their actions and DOL for example would be changing my status after 10 months to hourly and non exempt.
    My job was classified correctly it was a LPN that was not so they changed the wrong people and when they make this mistake they are penaltized from govt IRS and DOL for classifying an employee into the wrong group.

    The whole dept in my position was salary and exempt from day one. It was only the LPN hired a yr that upon hired demanded hourly non exempt.
    You cant have the best of both worlds for the same job title and same duties. BUT THEY DID

    Yes, 100% they NEVER requested my medical records from PCP I called and asked and they never requested my therapist records and I called all the people I put down as my wtinesses to the behavior and actions taken upon me. NO one was ever interview.
    DO you understand why I am postig and keep saying an improper and illegal WC investigation was not done. I was told within 30 mins I was denied pending investigation.
    Soo please tell me who and what do I need to get that to the right person and right agency to prove it never happened??? They only told me mediation was next step which is not legally binding and a waste of time as they will not move an inch on my case.
    Why cant the WCA after I sent my mediation form with all my evidence overturn the denial??? Does it have to be a case and court for this to happen and more months to get the medical needs I have treated and I have no money to pay all my medications. counseling and doctor follow ups.

    She refused to accept my Dr's letter stating his Medical opinion from the course of my 1st visist 4/14 to 10/21/11 my health declined. I lost 20 lbs and could not sleep and had massive anxiety to save my job for months.

    I got sick from the harassment and does not need to be sexual for it to happen.

    I dont know why no one is giving me one ounce of credit in all that I am stating. Why do you think they hired a lawyer (10,000) to get a report to get them out of trouble??

    Taking medical charts to Canada for 7 days and would not come back if I didn't ask for them back?

    the company has many lawyers to find a way to fire you even if I did make my report to EEOC based on being decriminating and leading to be being the target and treated DIFFERENTLY than my peers.

    I will go through the MI bar list of attorneys and look again for a WC lawyer as one person already said, they will not make money from my case so they dont want to take it.
    its not that I dont have a case.
    I know its harder to prove and that is why I kept everything All emails, IM;s memo;s documented ever event that happened everyday as I was being set up.

    does it make sense that 5 working days after lawyers report I was fired with 3 write ups at one time. because I was a good employee and did my work so it was harder for them to find something that final day and the 3rd write up is the complete opposie of office verbal rule, they have no written policies or procedures not even for attendance or tardiness.

    Have I convinced anyone what I am saying and all my details are possibly true???

    I have 3 cases as I stated from the start but was focusing on my immediate need. Get my WC reversed. It was improperly investigated.
    I do not thing mediation form I submitted as I was told that was the step I had to complete. Is not right step because they did not included MEDICAL RECORDS ON A MEDICAL CLAIM and still denied me.
    I have many witnesses that can state as I have statement already from ex supervisor (that stepped down) to prove since the WC lady NEVER interviewed anyone on my list of witnesses to all these things they heard and saw taken upon me.

    My personnell record I requested 50% is all gone. the write up in may by supervisor that I circled 20 spelling errors and made my comment that this would never have happened if HR followed up with me on my investigation I filed 4/27 and was told I would be told of outcome of that meeting, I never was ever contacted after I reported 4/27, 4/28 (my desk was open when I arrived to work and wanted to know if supervisor had master key as she was witnessed with her BFF after 40 mins when we all left). And 4/29 I went again to HR as there was more happening at that moment but Director was gone. The Hr Mgr did not write a single word of all that i was reporting as it was new stuff and I asked her why, her answer she knows what she is doing.

    \By your own works its harder to proved DO NOT MEAN IT DIDNT HAPPEN. so I will ask again what is the WC law? How can I get my denial over turned? Is it the ORIF that needs to informed and/or they are the ones to overturn the illegal denial?
    I am here asking what I need to do when I have no money to buy a lawyer to get my benefits I am entitled to. That I have been harmed and still seeing Dr got new sleep aid as the other one didnt work. and I see a counselor as well.

    6 month eval met all expectations to their amazment since I never had exp with their programs. active member of committee that used my idea for company wide wt loss challenge, team leader for fellowshiip event my dept and billing sponsored a bid hit but still being targeted. Supervisor attempted one woman one day older than me, when she started 2/22/11. I have letter 3/1/11 she wriote to Director to make her stop interferring with her job. So that is when I became the target. She was a RN and hired from day one. I had no license and less than a yr of employment so thats why she did. The supervisor had NO experience supervisiing staff or knew nothing about HR 101 as she violated co workers privacy and HIPAA when emailing everyone her absence and her Dx and Tx. She had the controlling attitude as it was her real frist supervisor position and had to be treated like the boss by jumping into my work area when I never asked or needed her help. ease dropping calls I can see for skills and assessment but it was every call and when she did infer, she got all her facts WRONG!! that caused a bigger mess and I was the ONLY ONE SHE DID THIS TO. she was 20 yrs older and felt I was child that needed her direction. I did not and I had more education than her with Masters and 17 yrs exp in management with staff. So I knew the laws.


    So many incidents

  2. #12
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Denied Workers Compensation by Improper, Illegal Investigation by 3rd Party Carri

    How can I get my denial over turned? Already asked and already answered. You file for a hearing with your State's Worker's Compensation Division. The letter you received from the WC carrier stating your WC claim was denied would have included information on how to do that.

    As to all the other issues that you raise, I give up. Your posts are so confusing and all over the place, it's impossible to sort out whether any illegal actions occurred on the part of your employer. Harassment is only actionable if it's being done because of a prohibited reason: your age (if over 40), race, religion, gender, disability, etc. As far as I can tell wading through your lengthy and confusing posts is that nothing illegal occurred and you should pursue your WC claim.

    If you have an attorney, then you should be seeking legal advice of her or him. That's what you're paying him for. Good luck to you.

  3. #13
    Join Date
    Jan 2012
    Location
    Michigan
    Posts
    8

    Default Re: Denied Workers Compensation by Improper, Illegal Investigation by 3rd Party Carri

    I guess thats my point. I am not well , I am scattered, I am in need of help, and I was never like this when I wa hired and 7 months into the job.

    If I had money, I wouldnt be on this site asking questions to save my life , my home and provide for my kids.
    thanks to all that replied but now I am just at the poing of giving up on life itself.
    I just cant do this alone anymore and I dont have money to pay a lawyer to prove my cases.
    I am done

  4. #14
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,604

    Default Re: Denied Workers Compensation by Improper, Illegal Investigation by 3rd Party Carri

    Coco, I would rather keep my $250 in my pocket then hand it over to a lawyer and have that lawyer tell me something I didn't want to hear. Keep calling lawyers until one offers to meet with you for a free consultation.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #15
    Join Date
    Jan 2012
    Location
    Michigan
    Posts
    8

    Default Re: Denied Workers Compensation by Improper, Illegal Investigation by 3rd Party Carri

    well i have mediation scheduled on 2/29/12 and they have their lawyers ready to deny any type of settlement as my symptoms have gotten worse. The longer I am facing a financial hardship that should have been immediately approved by 3rd party to start 8/12/11 of WC benefits I had no other choice according to the WCA that I had to file a mediation as my next step BEFORE a trial as I have no longer to represent me.
    My condition is worse as I saw the dr and keep seeing my therapist that is fear of be going completely insane since I cant find a lawyer to take my case as I stated they want permanenet disability cases as the law gives a max of how much the can gain from being involved in my disability.
    Its a teleconference and told the WCA this hospital will NOT give into anything as they are above the law.
    It is 100% true that my medical records were not requested from my PCP or my therapist and I was never sent to their dr for a 2nd opinion.
    I also have the letter from my dr that stated my illness was a direct result of my job as well as a statement from my peer and my supervisor at my DOH but stepped down as she got sick but for other reasons.
    I know the meeting will do nothing for me as they have been evil towards me even after being wrongfully terminated 4 days after I asked about a 1 wk medical leave.
    I am asking for anyone to give me a link of my rights and how to prepare myself for this mediation and how I can pursue my own lawsuit if I cant get a lawyer to take me case.
    It seem to many I must not have a case if no lawyer is willing to take my case, but you dont understand they only want big dollar lawsuits and do not see this in my case.
    so can anyone give me a link and direction for the state of MI thank you

  6. #16
    Join Date
    Sep 2011
    Posts
    154

    Default Re: Denied Workers Compensation by Improper, Illegal Investigation by 3rd Party Carri

    see chapter 12 pg 32 on mediation:
    http://www.michigan.gov/documents/wc...4_135317_7.pdf

  7. #17
    Join Date
    Jan 2012
    Location
    Michigan
    Posts
    8

    Default Re: Denied Workers Compensation by Improper, Illegal Investigation by 3rd Party Carri

    thank you. i called the mediator with questions and read more on the whole process. i can see why lawyers dont want to take as the process can be drawn out very long before you finally get your day in court. i am waiting for the carrier;s reponse form and detailed information from their side of the story considering they never requested my medical records, never sent me to their dr and the whole form I got has to do with exchanging medical information in which i am the one that sent all the medical info to the 3rd party carrier and even a statement from my old supervisor that stepped down from her getting ill from the job but for other reasons. stated she witnessed the actions against me as bullying and confirmed my abilities and mental state when I first started to how it declined fast as the new supervisor was all over me and not treating me the same as my peers.
    Anyways, thank you for you link and I have my notes for my tele conference that I can only hope they will give in as they know they were wrong in how my WC claim was handled and to avoid further legal action against them if they do force a trial they risk having the self insured status being taken away from them and not sure if this is even a possibility but to be penalized for the added distress they caused me with punitive damages but I think I already know the anwser is no to that and only can be done in a civil suit.
    I am now filing my EEOC complaint next as I have done too much since March 2011 in documenting everything to just stop and give up when I have been illegally violated.

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