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Default Tort reform

We hear all this screaming that there has to be tort reform, like it's the
lawyers who need to be reformed. Let me share my story.

In October of 2004, while working for a mega corporation in Las Vegas at a
convention, as a union worker, I was injured by an uninsured unlicensed
contractor.

The man was driving me to get a 10,000# forklift. I was on the back of a
three wheel electric cart, facing backward. It was raining. The man had an
umbrella in front of him to shield himself from the rain. By doing so, he
couldn't see what was coming, and drove us under a parked semi trailer. I
was struck in the rear of the head by the trailer, and hit my head again
when I hit the concrete. Concussion, unconsciousness, cuts, abrasions.

This man was flown out of town within thirty minutes and not drug tested. I
went to the hospital for CAT scans and all sorts of stuff. I spent two
years recovering until I was stable enough to rate medically. During that
time, I talked to my case manager for worker's comp a total of one time. I
had to fight for every test, making appeal after appeal, and waiting to the
29th day of the 30 day legal limit, then they'd approve the test or
treatment. I tried to have my left shoulder treated, but because I signed
some piece of paper in the hospital while still semiconscious and strapped
to a body board, they didn't know about my shoulder at that time. It was
disallowed, and disallowed on appeal.

Five plus years later, I have permanent speech, cognitive, and balance
problems. Memory problems. Headaches. PTSD.

The other day, the letter comes from the lawyer.

Case dismissed under the Richards Decision by the Nevada Supreme Court where
any employee takes as full payment worker's compensation NO MATTER WHAT THE
CIRCUMSTANCES OF THE ACCIDENT WERE. Bought and paid for by lobbyists of the
Nevada corporations.

So, I'm left with lifelong residual effects, and zero compensation, except
for their computed lost wages, and some money to "learn" another job.
Basically about half of what I lost in wages.

Tort reform needs to happen two ways. One for these people who spill hot
coffee in their own laps while juggling Chihuahuas, and people who have a
valid suit, but who lose because of legal chicanery or laws written to
hamstring them.

But it ain't gonna happen. The man with the gold makes the rules, that's
the Golden Rule.

But I believe that every man shall give an accounting of his life at some
time and to some thing, and at those times, I believe they see for the first
time they are in deep deep ****. If there is no God, it don't matter. If
there is, then justice be served.

And then, there's those who will go postal and collect their own debts.

Steve


 
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