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Subject:
From:
Gary Peterson <[log in to unmask]>
Reply To:
St. John's University Cerebral Palsy List
Date:
Sun, 29 Jul 2001 08:10:47 -0700
Content-Type:
TEXT/PLAIN
Parts/Attachments:
TEXT/PLAIN (61 lines)
Now that we all know that powered chairs are not crash tested and
should be considered unsafe in a vehicle.  Does the user continue
to ride and assume the liability in the event of a serious crash
and the chair comes  apart. Imagine the crushing injuries in a
head
on colision when the seating system separates from the base.

Hmm, this brings up a very interesting question in my case.
Here's
the scenario:

I've worked for the Regional Center Of California going on 2
years
now.  The state of California has just recently bought me a bran
new van so that I may continue to do my job in safety and get to
my
commitments on time.

As part of the process of getting my new van, I had to go through
an extensive  and very thoro evaluation program.  Part of the
evaluation was to determine what kind of Tie Down system would be
the safest for me while sitting in a moving vehicle in my
electric
wheelchair.  This was especially important because the bulk of my
job is spent in my van traveling.  Some days up to 100 miles.

This was also done with the state and all those who wrote letters
and did so much else to help me get the van,  knowing I could not
transfer into a regular seat  even if I wanted to.  My chair is a
Quickie P210.  I am a double amputee and I do not use any sort of
prosthetics.  So if on Monday morning, the state were suddenly to
demand that I had to ride in my van seat instead of my chair,
there
would be no way even with assistants that I could or would
transfer.

Even if I were to sit in a seat, at the first hint of movement I
would fall right out!!  Do to the loss of my legs,  except for
when
I'm in my chair, I have very limited balance.

So taking all the above into account, if all you have said here
is
true Dan, I figure that leaves me in a rather interesting
position
to say the least.

So if the state of California or some other party really wanted
to
push this, what could they do to me?  Could they force me to quit
my job just because I can not transfer into a seat?  And could
they
do that in full knowledge of the fact that it is physically
impossible for me to transfer except with the aid of a Hoyor Lift
or being lifted bodily  by no less then 2 people?

Sounds like I might have grounds for a very interesting Law Suit.
Any comments from the legal experts here?

Thanks-Gary

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