Dear Mr. Canter Monday, August 16, 2010
First, I would like to thank you for your services in my Workman’s Comp. claim. It didn’t turn out as well as I had expected but it is finally settled and I did receive a little compensation.
I understand now, that by not filing a Workman’s Comp. claim at the time of the accident, instead, collecting CA S.D.I. was a major error on my behalf. I did that due to the fact that I had collected S.D.I. a year earlier when I was unable to work because of my first bypass operation. After my accident at work, I felt that I would have another bypass and return to work within a short period of time. Another reason is that the rail job I was on was a high profile job which did everything possible to prevent “lost time injuries” from being reported. I had worked for my contractor for about eighteen years and felt a loyalty to them, helping them out whenever possible.
The thing I really don’t understand is why you seemed so positive and eager to represent me when we first discussed my case. If strong, definite, evidence was required proving that my accident at work caused the failure of my prior bypass operation was required to reach a reasonable settlement, then why didn’t you just tell me that in the beginning?
In this case, I had no problems with my bypass for a year prior to my accident, with no doctor’s visits or complaints. Then immediately following this accident my bypass fails. The accident was witnessed by at least two co-workers and confirmed by at least six others directly after it occurred. An accident report was filed at the time of the accident by the company Forman. After thirty years in the construction industry without a lost time injury and no prior Workman’s Comp. claims ever being filed it seems very clear that the accident caused my bypass failure. However, un-provable.
I know that there is a lot more to your job than I realize but at the same time I question certain things. I am totally uninformed and may be partially wrong even questioning a few issues.
I am under the impression that my Doctor was never spoken to, except by me. I don’t believe any witness’ were ever contacted and I don’t know if any medical papers or documents were ever considered.
I felt a bit like a fool at the deposition proceeding with their attorney throwing questions at me about everything, except the accident or injury, with you just sitting there without a case or a cause. I had to tell you what my Doctor had told me about not being able to positively relate my accident to my bypass failure. I was astonished how apathetic you were, almost making me feel as though I was lying about the whole matter.
I believe that our position would have been stronger if we would have had some sort of a case planned and supported by documents, easily downloaded off the internet, stating that trauma can and has caused failures of bypass surgeries. In addition, statements documenting the Cal OSHA violation of leaving an open hole along with descriptions of my accident could have been provided by my co-workers. A copy of the accident report should have been included. A statement from Dr. Kubaska saying that it is possible to have a bypass failure due to trauma may have helped. P.A.D. is the blockage of vessels that is a progressive disease that worsens over time and there are studies available that give percentages of bypass failures over periods of 5, 10, and 15 year periods. Failures very rarely occur instantaneously without reason or explanation.
I am not saying that this would have changed the outcome but it would have been nice to have some sort of ammo. It was like being in a shoot out with an empty gun.
I understand that at that point you had already conceded defeat but it would have been nice to inform me of the situation. Or better yet, to had informed me two years ago that I had no case.
Thinking back now, when claiming benefits from S.D.I., I was asked if my injury had been work related and I answered “no”. I realize that I made some real mistakes at the time of the accident and I’m going to suffer the consequences of them for the rest of my life.
I would hope that you will keep your clients better informed in the future or just not take their case at all.
Thank you again for your help in this matter and I wish you well.
Sincerely, Frank Hutton
P.S. Since writing this letter I was requested by you to sign and return some paperwork to you so that the settlement could be distributed. I signed and returned the paperwork promptly. A month or so pasted before hearing from you questioning whether or not I ever returned the paperwork to you. I informed you that I had returned it. A few days later I received copies of the same forms with a request to sign and return them to your office and I did. It’s now been about ten weeks since my second return and not a word from you. This is after I phoned your office requesting some information on the case or a return call from you.
I had to re-send you copies of my medical records at an early stage of this case. It seems that your office needs organizational skills along with better customer service relations.
I wonder if this case will ever end at times.
1/10/2011 and still wondering.
