oh kyle my doc is a physical med. spec. the government
is the one who brought in a neuro wo did not even have
a public practice. his total "practice" is the ones
the government and the railroad board sends to him so
if they give a clue what opinion they want (and they
do) he knows who butters his bread, if you know what i
mean. 

--- "Cleveland, Kyle E."
<[log in to unmask]> wrote:

> I looked in my 9th grader's American History
> book--it's the 14th Amendment that reinforced the
> 5th Amendment in 1868.  Some could argue that
> constitutional "due process" is only representative
> of criminal and not civil law.  I'm no lawyer, so
> your mileage may vary.
>  
> Deri just shipped an email regarding disability law;
> the only US equivalent would have been Title I of
> the ADA and that was ruled unconstitutional by the
> Court in University of Alabama vs. Garrett because
> it violated States' sovereignty as guaranteed in the
> 11th Amendment (seems the knife cuts both ways). 
> One of the major problems of the ADA was the
> potential abuse by "professional victims" who use
> dubious claims of disability to try to settle ADA
> claims out-of-court.  Title I only covered
> employment anyway, and not compensation, so I don't
> think it would have been applicable.
>  
> Again, your's is another example of how CP is viewed
> as a "condition" that is static--and you and I know
> that even though the neurological insult doesn't
> progress, the musculoskeletal damage does.  As I
> have been grumbling for the past ten years,
> ambulatory adults with CP get short shrift on
> attention and dollars.  The medical AND legal
> communities either regard you as disabled or
> not--it's a binary situation.
>  
> Have you talked you a Physical Medicine doc about
> your case as opposed to just the neuro or orthopedic
> folks?  He/She might be able to present a more
> wholistic arguement to a willing lawyer.
> 
> ________________________________
> 
> From: Cerebral Palsy List on behalf of ken barber
> Sent: Mon 11/26/2007 8:13 PM
> To: [log in to unmask]
> Subject: Re: WELL WE GOT OUR FINAL DECISION
> 
> 
> 
> also due process comes under the 4th and maybe
> another
> one that reinfoced it after the civil war. or i
> could
> just be totally mistaken.
> 
> --- "Cleveland, Kyle E."
> <[log in to unmask]> wrote:
> 
> > Ken, doesn't the 4th protect against
> search/seizure
> > without a warrant or probable cause?  I definitely
> > think you have a 1st Amendment case to "petition
> the
> > Government for redress of grievances".  The
> > McCain-Edwards-Kennedy "Patients Bill of Rights" (
> > S.B. 1052) from 2001 would have offered a better
> > appeals process, but it didn't get past the House.
> > 
> > I'm cringing as I write this, but have you thought
> > about approaching the ACLU?
> > 
> > KC              
> >
> > ________________________________
> >
> > From: Cerebral Palsy List on behalf of ken barber
> > Sent: Mon 11/26/2007 6:06 PM
> > To: [log in to unmask]
> > Subject: Re: WELL WE GOT OUR FINAL DECISION
> >
> >
> >
> > yeah, kendall, i do not expect to get out of the
> > fight
> > even though it will not help me. i'd alreasdy been
> > working the georgia senators and reps. the 4th
> > amendment is useless for people with CP and
> similar
> > disabilities without access to the courts.
> >
> > --- "Kendall D. Corbett"
> <[log in to unmask]>
> > wrote:
> >
> > > Ken,
> > >
> > > Really sorry to hear this.  It probably won't
> help
> > > you, but it might
> > > help people in the future if we work to have the
> > > 1946 law overturned.
> > > It's federal right?  Can you give us a citation
> so
> > > we can write our
> > > members of Congress?  DREDF might also be
> > > interested.  I'll give you
> > > my contact there's email address if you want it.
> > >
> > > On Nov 23, 2007 12:19 PM, ken barber
> > > <[log in to unmask]> wrote:
> > > >  We got our final decision. They rubberstamped
> > the
> > > >  other decisions that I just have cerebral
> palsy
> > > and
> > > > have no injuries. The MRI showing the
> herniated
> > > disk
> > > > that they accepted original means nothing.
> They
> > > say I
> > > > have no residual effects of the on the job
> > > injuries
> > > > even though there are pictures of the twodisk
> > that
> > > are
> > > > herniated.
> > > >
> > > > What little money we have coming in is what we
> > > have.
> > > >  Judy is beside her self.
> > > >
> > > >  Not every wrong gets righted.   We'll
> survive.
> > We
> > > > have to.
> > > >
> > > > the 1946 law making it impossible to take the
> > case
> > > to
> > > > court pretty well stacks the deck against the
> > > > employee.
> > > >
> > > > i fought this as hard as i could and prayed
> for
> > a
> > > > victory. i'd hoped to have a decision on the
> > books
> > > > that would help be sure the next CP person
> with
> > a
> > > > injury would not have as tough a fight, but i
> > > could
> > > > not overcome it. you all know vwey well what i
> > was
> > > > going against. possibly you all were the only
> > ones
> > > > other than myself that did not what a battle
> it
> > > would
> > > > be and what a miricle it would take to
> actually
> > > win.
> > > >
> > > >
> > > >
> > > >
> > > >   
> > >
> >
>
____________________________________________________________________________________
> > > > Be a better sports nut!  Let your teams follow
> > you
> > > > with Yahoo Mobile. Try it now.
> > >
> >
>
http://mobile.yahoo.com/sports;_ylt=At9_qDKvtAbMuh1G1SQtBI7ntAcJ
> > > >
> > > > -----------------------
> > > >
> > > > To change your mail settings or leave the
> > C-PALSY
> > > list, go here:
> > > >
> > > >
> > >
> >
>
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> > > >
> > > >
> > >
> > >
> > >
> > > --
> > >
> > >
> > > Kendall
> > >
> > > An unreasonable man (but my wife says that's
> > > redundant!)
> > >
> > > The reasonable man adapts himself to the world;
> > the
> > > unreasonable one
> > > persists in trying to adapt the world to
> himself.
> 
=== message truncated ===



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