Ken,
I know this is all tied up in government bureaucracy, but can't you at least
get a lawyer to fight that you were not given the opportunity to present
your side, and, thus, were not given a fair hearing? To me, I would think
that you could sue them for discrimination! Can your lawyers find examples
of non-disabled people who have been given disability pay because of rep.
use injury? If they could find that someone got that and had, say,
arthritis or a broken ankle or wrist, then maybe they could argue that they
sustained an injury or had a disease that caused the rep. use injury and yet
they were granted disability pay. Then they should have said "Well, they
have arthritis so they couldn't have been hurt on the job" but that isn't
what happens so that would be points for your side.
Or, so you have documentation that you requested adaptations so as not to
aggravate your hands? If you do, then fight that you requested adaptation
and did not receive it before damage was done...negligence on their part.
You may have already thought of these ideas, but I thought I would throw
them out there in hopes that somehow we can find an argument that woudl help
your case.
Linda
----- Original Message -----
From: "ken barber" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 05, 2006 3:55 PM
Subject: Re: my hearing decision went against me.
>i can't take them to court. they have the cards
> stacked against the employee.
>
> i remember my doc and his nurse laughing and joking
> about the "opinion" when they read it. i remember
> telling them i'd laugh with them if it were not for
> the fact that the labor department bureaucrats we
> going to accept that as a serious opinion. he told me
> not to worry about that, no one was going to take that
> seriously. he may know medicine, but, i knew the
> bureaucracy....
>
>
> --- Mike Collis <[log in to unmask]> wrote:
>
>> What? That's stupidity magnified to the Nth power!!!
>> Ken, all I can say is
>> keep pushing and kicking to the last level if need
>> be, and then take them to
>> the Supreme Court.
>>
>> -----Original Message-----
>> From: Cerebral Palsy List
>> [mailto:[log in to unmask]] On Behalf Of
>> ken barber
>> Sent: Friday, May 05, 2006 11:36 AM
>> To: [log in to unmask]
>> Subject: Re: my hearing decision went against me.
>>
>> one of their docs said i "he could not be injured,
>> he
>> has cerebral palsy." i kid you not!! that is what
>> got
>> all of this started.
>> it is very nice to know i can't be hurt. i can in
>> an
>> auto accident and since i have cp, i can't be hurt.
>> i
>> can stand of railroad tracts, i can even be shot.
>> since i have cp, i am superman now. i can't be hurt.
>>
>> my doc said "what a joke!!"
>> there ought to be a way to turn my invinceability
>> into
>> a profit.
>>
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>
>
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