OT - Workers Compensation Idiocy
 

I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
sent him home with the appropriate ointment and pain medication and
told him to see his family doctor on Monday.

Still convinced he had a back problem, he went to a chiropractor on
Monday. Surprise,surprise, the x-rays and MRIs confirmed he had a
"twisted" spine. Limo picks him up every day (he has a car and his
wife drives) and carries him to therapy (electronic muscle
stimulation).

His hemorrhoids you ask? According to the workers compensation
statutes, his first medical provider must refer him to any other
doctors. Which ten days later hasn't happened, even after it ruptured.

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?

OT - Workers Compensation Idiocy
 

"Andy Asberry" wrote in message
...
I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
sent him home with the appropriate ointment and pain medication and
told him to see his family doctor on Monday.

Still convinced he had a back problem, he went to a chiropractor on
Monday. Surprise,surprise, the x-rays and MRIs confirmed he had a
"twisted" spine. Limo picks him up every day (he has a car and his
wife drives) and carries him to therapy (electronic muscle
stimulation).

His hemorrhoids you ask? According to the workers compensation
statutes, his first medical provider must refer him to any other
doctors. Which ten days later hasn't happened, even after it ruptured.

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?

If they can't work, we just shoot 'em and throw them in the swamp with Jimmy
Hoffa, here in New Jersey.

Ed Huntress

OT - Workers Compensation Idiocy
 

On Wed, 11 Aug 2004 05:49:14 GMT, Andy Asberry
vaguely proposed a theory
.......and in reply I say!:

remove ns from my header address to reply via email

Gaah! IT's a realPain in the arse., I tell you! G

I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?

************************************************** ***
It's not the milk and honey we hate. It's having it
rammed down our throats.

OT - Workers Compensation Idiocy
 

In article , Ed Huntress says...

If they can't work, we just shoot 'em and throw them in the swamp with Jimmy
Hoffa, here in New Jersey.

Hint. End zone, byrne arena. Is it still called that,
or is it the whitman arena now?

Jim


--
==================================================
please reply to:
JRR(zero) at pkmfgvm4 (dot) vnet (dot) ibm (dot) com
==================================================

OT - Workers Compensation Idiocy
 

On Wed, 11 Aug 2004 16:50:26 +0800, Old Nick wrote:

|
||I'm in Texas

Me too. The system is broken.

||Sunday, a week ago, an employee called to say he had hurt his back at
||work ten days earlier. I told him he could go to any doctor. He went
||to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
||
||I'm barred from telling him which doctors to see. I understand that.
||I'm not qualified. But a health professional who is not qualified to
||treat a condition should disqualify himself.
||
||The system is broke when quacks are allowed to syphon off money that
||is intended to ease suffering and repair bodies.
||
||What is it like in other states?


Texas Parts Guy

OT - Workers Compensation Idiocy
 

On Wed, 11 Aug 2004 06:31:52 GMT, "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .
I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
sent him home with the appropriate ointment and pain medication and
told him to see his family doctor on Monday.

Still convinced he had a back problem, he went to a chiropractor on
Monday. Surprise,surprise, the x-rays and MRIs confirmed he had a
"twisted" spine. Limo picks him up every day (he has a car and his
wife drives) and carries him to therapy (electronic muscle
stimulation).

His hemorrhoids you ask? According to the workers compensation
statutes, his first medical provider must refer him to any other
doctors. Which ten days later hasn't happened, even after it ruptured.

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?

If they can't work, we just shoot 'em and throw them in the swamp with Jimmy
Hoffa, here in New Jersey.

Ed Huntress


You know Ed, I was pretty sure with your connections, you would know
where Jimmy was.:)

I would be interested in your view on the following.

A lifelong farmer bought a new farm on the prairie with a creek
running through it. A seasonal creek; when it rains, the creek runs.
This farm is along an interstate highway. He began cleaning the creek
bed (more a ditch), gathering up old dead trees and brush. The State
of Texas has a program that proves removing Salt Cedar from banks can
return the flow of water to now dry streams. He removed a few of
those. All this was over a period of two years.

During this period, an EPA official drove past this farm on his way to
work every day. Some 6 months after his last work on the creek, the
EPA hoard descended on him. He was cited for polluting "navigable
waters of the U.S. (defined as a flow of water 4 feet wide and 4 feet
deep by 200 feet long at any time during the year), the pollution
being dirt; converting wetlands and destroying migratory bird habitat.

To date, it has cost him nearly $100,000 to correct his damage. He had
to plant willows along the creek bed. Which are now sucking more water
than the Salt Cedars, which, by the way, really aren't cedars. He had
to plant special grasses 30 feet out into his fields for 2650 feet on
both sides of the creek. He had to build a 2 acre shallow pond and
plant oak and pecan trees in it. The pond must be flooded in the
winter and drained in the spring. No matter that the creek is dry, he
has to provide the water. No matter that it rains and fills the pond,
he has to drain it. He has to pay for pencil-pusher monitoring for who
knows how many years.

Forget the fact that the "cure" seems to go far beyond the damage. My
question is about the EPA official, responsible for mitigating such
"damage", who watched it happening for two years. Does he not have
some duty to stop illegal activity when he sees it? Or is he thinking
of the income to his agency of fines of up $11,000 a day as long as
the damage goes unremediated? Over 8 million.

A cop would surely detain two masked men with shotguns exiting a bank,
even though a robbery hasn't been reported.

OT - Workers Compensation Idiocy
 

jim rozen wrote...
In article , Ed Huntress says...

If they can't work, we just shoot 'em and throw them in the swamp with Jimmy
Hoffa, here in New Jersey.

Hint. End zone, byrne arena. Is it still called that,
or is it the whitman arena now?

Mythbusters busted that one...(G)

Jim

OT - Workers Compensation Idiocy
 

"jim rozen" wrote in message
...
In article , Ed Huntress
says...

If they can't work, we just shoot 'em and throw them in the swamp with
Jimmy
Hoffa, here in New Jersey.

Hint. End zone, byrne arena. Is it still called that,
or is it the whitman arena now?

I'm not sure what they call it now. They keep changing the name for
commercial purposes.

To us, it's just the Hoffa Burial Ground.

Ed Huntress

OT - Workers Compensation Idiocy
 

"Andy Asberry" wrote in message
...
On Wed, 11 Aug 2004 06:31:52 GMT, "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .
I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
sent him home with the appropriate ointment and pain medication and
told him to see his family doctor on Monday.

Still convinced he had a back problem, he went to a chiropractor on
Monday. Surprise,surprise, the x-rays and MRIs confirmed he had a
"twisted" spine. Limo picks him up every day (he has a car and his
wife drives) and carries him to therapy (electronic muscle
stimulation).

His hemorrhoids you ask? According to the workers compensation
statutes, his first medical provider must refer him to any other
doctors. Which ten days later hasn't happened, even after it ruptured.

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?

If they can't work, we just shoot 'em and throw them in the swamp with
Jimmy
Hoffa, here in New Jersey.

Ed Huntress


You know Ed, I was pretty sure with your connections, you would know
where Jimmy was.:)

I would be interested in your view on the following.

A lifelong farmer bought a new farm on the prairie with a creek
running through it. A seasonal creek; when it rains, the creek runs.
This farm is along an interstate highway. He began cleaning the creek
bed (more a ditch), gathering up old dead trees and brush. The State
of Texas has a program that proves removing Salt Cedar from banks can
return the flow of water to now dry streams. He removed a few of
those. All this was over a period of two years.

During this period, an EPA official drove past this farm on his way to
work every day. Some 6 months after his last work on the creek, the
EPA hoard descended on him. He was cited for polluting "navigable
waters of the U.S. (defined as a flow of water 4 feet wide and 4 feet
deep by 200 feet long at any time during the year), the pollution
being dirt; converting wetlands and destroying migratory bird habitat.

To date, it has cost him nearly $100,000 to correct his damage. He had
to plant willows along the creek bed. Which are now sucking more water
than the Salt Cedars, which, by the way, really aren't cedars. He had
to plant special grasses 30 feet out into his fields for 2650 feet on
both sides of the creek. He had to build a 2 acre shallow pond and
plant oak and pecan trees in it. The pond must be flooded in the
winter and drained in the spring. No matter that the creek is dry, he
has to provide the water. No matter that it rains and fills the pond,
he has to drain it. He has to pay for pencil-pusher monitoring for who
knows how many years.

Forget the fact that the "cure" seems to go far beyond the damage. My
question is about the EPA official, responsible for mitigating such
"damage", who watched it happening for two years. Does he not have
some duty to stop illegal activity when he sees it? Or is he thinking
of the income to his agency of fines of up $11,000 a day as long as
the damage goes unremediated? Over 8 million.

A cop would surely detain two masked men with shotguns exiting a bank,
even though a robbery hasn't been reported.

The whole thing sounds a little fishy to me, Andy, and I don't mean the ones
swimming in it.

The Navigable Waters Act, or whatever it's called, goes back to 1898. If the
EPA was involved, this is a federal case, so it would have a case name and
number, and the name of the court in which it was heard.

Do you know what the case name or number is? I'd like to look it up.

Ed Huntress

OT - Workers Compensation Idiocy
 

"Andy Asberry" wrote in message
...
I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
sent him home with the appropriate ointment and pain medication and
told him to see his family doctor on Monday.

Still convinced he had a back problem, he went to a chiropractor on
Monday. Surprise,surprise, the x-rays and MRIs confirmed he had a
"twisted" spine. Limo picks him up every day (he has a car and his
wife drives) and carries him to therapy (electronic muscle
stimulation).

His hemorrhoids you ask? According to the workers compensation
statutes, his first medical provider must refer him to any other
doctors. Which ten days later hasn't happened, even after it ruptured.

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?

Andy,
The way it works in the People's Republic of Illinois with our WC policy
carrier, is they have a list of medical providers that they want the injured
employee to visit. The employee has no right to select whatever physician
that they want to choose. If they are dissatisfied with the medical report
from the primary caregiver, there is a appeals policy where they can select
another physician. To the best of my knowledge, all physicians have to be
MD's or DO's- NO CHIROPRACTORS!

Fight the good fight!
Mike

OT - Workers Compensation Idiocy
 

I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
sent him home with the appropriate ointment and pain medication and
told him to see his family doctor on Monday.

Still convinced he had a back problem, he went to a chiropractor on
Monday. Surprise,surprise, the x-rays and MRIs confirmed he had a
"twisted" spine. Limo picks him up every day (he has a car and his
wife drives) and carries him to therapy (electronic muscle
stimulation).

His hemorrhoids you ask? According to the workers compensation
statutes, his first medical provider must refer him to any other
doctors. Which ten days later hasn't happened, even after it ruptured.

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?






Backs are the number one scam injury.
It can't be proven if you have back pain or not. Not saying this is the case
here but it happens all the time.

OT - Workers Compensation Idiocy
 

On Wed, 11 Aug 2004 20:50:57 GMT, "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .
On Wed, 11 Aug 2004 06:31:52 GMT, "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .
I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier. I told him he could go to any doctor. He went
to the ER at a reputable hospital. Their diagnosis: hemorrhoids! They
sent him home with the appropriate ointment and pain medication and
told him to see his family doctor on Monday.

Still convinced he had a back problem, he went to a chiropractor on
Monday. Surprise,surprise, the x-rays and MRIs confirmed he had a
"twisted" spine. Limo picks him up every day (he has a car and his
wife drives) and carries him to therapy (electronic muscle
stimulation).

His hemorrhoids you ask? According to the workers compensation
statutes, his first medical provider must refer him to any other
doctors. Which ten days later hasn't happened, even after it ruptured.

I'm barred from telling him which doctors to see. I understand that.
I'm not qualified. But a health professional who is not qualified to
treat a condition should disqualify himself.

The system is broke when quacks are allowed to syphon off money that
is intended to ease suffering and repair bodies.

What is it like in other states?

If they can't work, we just shoot 'em and throw them in the swamp with
Jimmy
Hoffa, here in New Jersey.

Ed Huntress


You know Ed, I was pretty sure with your connections, you would know
where Jimmy was.:)

I would be interested in your view on the following.

A lifelong farmer bought a new farm on the prairie with a creek
running through it. A seasonal creek; when it rains, the creek runs.
This farm is along an interstate highway. He began cleaning the creek
bed (more a ditch), gathering up old dead trees and brush. The State
of Texas has a program that proves removing Salt Cedar from banks can
return the flow of water to now dry streams. He removed a few of
those. All this was over a period of two years.

During this period, an EPA official drove past this farm on his way to
work every day. Some 6 months after his last work on the creek, the
EPA hoard descended on him. He was cited for polluting "navigable
waters of the U.S. (defined as a flow of water 4 feet wide and 4 feet
deep by 200 feet long at any time during the year), the pollution
being dirt; converting wetlands and destroying migratory bird habitat.

To date, it has cost him nearly $100,000 to correct his damage. He had
to plant willows along the creek bed. Which are now sucking more water
than the Salt Cedars, which, by the way, really aren't cedars. He had
to plant special grasses 30 feet out into his fields for 2650 feet on
both sides of the creek. He had to build a 2 acre shallow pond and
plant oak and pecan trees in it. The pond must be flooded in the
winter and drained in the spring. No matter that the creek is dry, he
has to provide the water. No matter that it rains and fills the pond,
he has to drain it. He has to pay for pencil-pusher monitoring for who
knows how many years.

Forget the fact that the "cure" seems to go far beyond the damage. My
question is about the EPA official, responsible for mitigating such
"damage", who watched it happening for two years. Does he not have
some duty to stop illegal activity when he sees it? Or is he thinking
of the income to his agency of fines of up $11,000 a day as long as
the damage goes unremediated? Over 8 million.

A cop would surely detain two masked men with shotguns exiting a bank,
even though a robbery hasn't been reported.

The whole thing sounds a little fishy to me, Andy, and I don't mean the ones
swimming in it.

The Navigable Waters Act, or whatever it's called, goes back to 1898. If the
EPA was involved, this is a federal case, so it would have a case name and
number, and the name of the court in which it was heard.

Do you know what the case name or number is? I'd like to look it up.

Ed Huntress

EPA Docket Number CWA-06-2004-2733

I spoke with the fellow yesterday. They also required some concrete
structures in the creek to slow the flow of water. Now THAT sounds
like a hazard to navigation.

I stand corrected on one point: the $11,000 per day UP TO A MAXIMUM OF
$27,500. A hearing on August 22 so he can protest the civil penalty.

I got interested in this after seeing the legal notice in the local
paper. I knew the fellow. In all the two-column legal jabber was the
name of the Regional Hearing Officer and her phone number. It stated
she was the one to call for copies of the complaint. She must be a
very busy woman, it took her a week to return my call.

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Now she doesn't know anything about the notice or what she is supposed
to provide. She will have to consult with their attorney. Ten days
pass and no call. I called yesterday. Voice mail. I called the
alternate number given in the voice message. This lady thinks she has
left the building but wait, here comes her supervisor.

He gets on the phone. He has a most unusual name. When I asked his
name, he answered, "what can I do for you." I let it pass, gave him my
name and repeated my request. Just now, Ms. Regional Hearing Officer
comes in. He tells her my name and in the background I hear, "I know
who he is. I have the papers here. I can fax them now." I give him the
number.

She faxed me the 40 page complaint and rules; THREE TIMES. Purely
unintentional, I'm sure.

OT - Workers Compensation Idiocy
 

In article ,
Andy Asberry wrote:

EPA Docket Number CWA-06-2004-2733

I spoke with the fellow yesterday. They also required some concrete
structures in the creek to slow the flow of water. Now THAT sounds
like a hazard to navigation.

I stand corrected on one point: the $11,000 per day UP TO A MAXIMUM OF
$27,500. A hearing on August 22 so he can protest the civil penalty.

My brother is involved in one of those $25.000/day penalties in KY
involving the EPA and his creek. That's $25,000/day administrative
assesment, no right to a jury trial since it's not a 'fine'.

He has a sharp legal mind (after sucessfully crossing swords with the
IRS) and looked into it deeper, and found that the EPA has been
frightening (terrorizing) its victims into signing a consent decree to
avoid the threat of $25,000/day. After the victim signs the consent
decree, he discovers that the terms are impossible and he is in worse
shape than before, and has NO legal recourse because he signed on the
dotted line. My brother refused to sign and demanded a hearing - it
swiftly became obvious that the EPA didn't even know how to hold a
hearing, they bungled it so bad. He is now trying to get the issue into
a real court and raise a number of fundamental constitutional issues.
The KY EPA is now stonewalling him, hoping the whole thing will go away.
They have already lost the case, but it will not become precedent unless
he takes it to an appeals court.

BTW, anyone know a good reporter who can handle a HOT issue, as well as
a good lawyer to do a pro bono case that might go to the Supreme Court?
This issue is so hot that the Ky Farmers Assn will not touch it, they
are bought off.

--
Free men own guns, slaves don't
www.geocities.com/CapitolHill/5357/

OT - Workers Compensation Idiocy
 

"Andy Asberry" wrote in message
...

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Thanks for the reference number, Andy. I'm curious about this one. We'll see
how many times they try to send the 40-page fax to me. BTW, that's one
reason I use WinFax. g

Ed Huntress

OT - Workers Compensation Idiocy
 

On Thu, 12 Aug 2004 12:46:55 GMT, the renowned "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Thanks for the reference number, Andy. I'm curious about this one. We'll see
how many times they try to send the 40-page fax to me. BTW, that's one
reason I use WinFax. g

Ed Huntress

If you get a copy in electronic form, and if you can forward it along
to me, I'll try to get C. to take the time to have a look at it.

She says that (worst-case) he should only have to return it to the
same condition it was in before he started mucking with it.

Best regards,
Spehro Pefhany
--
"it's the network..." "The Journey is the reward"
Info for manufacturers: http://www.trexon.com
Embedded software/hardware/analog Info for designers: http://www.speff.com

OT - Workers Compensation Idiocy
 

"Spehro Pefhany" wrote in message
...
On Thu, 12 Aug 2004 12:46:55 GMT, the renowned "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Thanks for the reference number, Andy. I'm curious about this one. We'll
see
how many times they try to send the 40-page fax to me. BTW, that's one
reason I use WinFax. g

Ed Huntress

If you get a copy in electronic form, and if you can forward it along
to me, I'll try to get C. to take the time to have a look at it.

She says that (worst-case) he should only have to return it to the
same condition it was in before he started mucking with it.

Best regards,
Spehro Pefhany

Ok. We'll see how far I get with this. I don't even know where it is in
Texas, but I'm curious, too, about finding my way through the EPA.

Andy apparently has checked this out pretty well and should have some
opinion about the quality of EPA's case.

Ed Huntress

OT - Workers Compensation Idiocy
 

In article , Andy Asberry says...

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Ha ha. Look out Andy, you are now another candidate
for investigation from the Homeland Security department!
Our government apparently had to operate in secrecy,
simply because most of what they do cannot stand the
light of day.

Jim


--
==================================================
please reply to:
JRR(zero) at pkmfgvm4 (dot) vnet (dot) ibm (dot) com
==================================================

OT - Workers Compensation Idiocy
 

On Thu, 12 Aug 2004 14:04:22 GMT, "Ed Huntress"
wrote:



Ok. We'll see how far I get with this. I don't even know where it is in
Texas, but I'm curious, too, about finding my way through the EPA.

Andy apparently has checked this out pretty well and should have some
opinion about the quality of EPA's case.

Ed Huntress

I really don't have an opinion about the quality of the case. The
complaint is very vague on details. Whether guilty of the "crime" or
not, he has conceded to the EPA's remedial demands. I think the only
remaining point is how much of a civil penalty he pays.

I simply thought that an official charged with preventing this
activity would have a duty to stop it when he sees it happening before
him. Especially ongoing for two years.

IMHO I think they are ****ed because he didn't get a permit. I think
if he knew he needed a permit, he could have gotten one that maybe
required a silt fence. I've seen a lot more terrain disturbance in a
housing development. (Disclaimer: I haven't seen this since his crime
but he has described it to me.)

Here is an aerial view. It is 1995. I think before he bought it. If
you zoom out a little, you can tell it has rained recently by the
water standing behind conservation terraces in the fields. On the west
side of the Interstate the sun is reflecting off water standing in
the field. You see all the ponds full but you don't see any flowing,
navigable stream. His place is where the brushy area is on either side
of the creek, east of I-35W. Compare the stream size with the 18
wheelers on I-35W.

http://terraserver.microsoft.com/ima...17830&z=14&w=1

As stated in the rules I received, all negotiations with the EPA are
informal. Which means there is no record of what they say and they can
retract any offers. An agreement is only final when it is in writing
and signed.

Another thing about this bothers me. Has anyone ever seen a duck
eating pecans and acorns? That is what they had him plant in the new
wet land pond.

OT - Workers Compensation Idiocy
 

On 12 Aug 2004 07:41:25 -0700, jim rozen
wrote:

In article , Andy Asberry says...

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Ha ha. Look out Andy, you are now another candidate
for investigation from the Homeland Security department!
Our government apparently had to operate in secrecy,
simply because most of what they do cannot stand the
light of day.

Jim

I have more tolerance for fools than abuse or incompetence. I'm not
timid about expressing my views when I encounter the latter. Sometimes
it is hard to tell the difference.

TSA is an example of the latter. I earn my money in denim and denim is
good enough attire to spend it. Jeans have metal (see, back on topic)
buttons and rivets. I'm accustomed to the wand and a pat-down at the
airport. I put everything else (coins, watch, cell phone, belt) in a
Ziploc bag so it is easy to see.

I had concluded that their inspection methods were just window
dressing. So, when the pat-down guy asked if he can touch me, I tell
him sure just as soon as he puts on new gloves. What! You would have
thought I'd opened a bucket of stink bait. All eyes were on me like I
might make a break for the skyway.

His supervisor stepped behind me and wanted to know why they should
use new gloves. In a voice loud enough for both lines to hear, I told
them I didn't want the contents of someone's snotty handkerchief,
dirty underwear or explosives kit smeared all over me. That got me an
upgrade in accommodations; a private room. As we walked away, I heard
a lady in the other line say, "I'd like new gloves, too."

They turned me loose with a warning not to create any more
disturbances. I was the last to board and figured all the other
passengers would be POed at me. As I walked down the aisle, there were
many smiles and few thumbs up.

If you've ever flown Southwest from Dallas, you know you can only fly
direct to the states adjoining Texas. If you are going farther, you
have to claim your baggage and recheck it for the connecting flight.

This trip was from Dallas to Tulsa to Louisville. So, I claimed my bag
at Tulsa and as I (re)checked the bag to Louisville, I was cheerfully,
asked if my bag had been out my sight since I packed. I answered yes,
you've had it for 4 hours. No more Mr. Niceguy. "I asked a serious
question and I expect a serious answer." Well, the serious answer is
yes. "Thank you, have a nice trip."

I just knew I was on the radar and wasn't looking forward to security.
but I breezed right through without even a wand wave.

Not until I returned home did my wife point out that my money clip had
a 1 inch knife blade on one side and a nail file on the other. Maybe
I'll lay low for a while and let my luck bank recharge.

OT - Workers Compensation Idiocy
 

Andy Asberry wrote:

I'm in Texas

Sunday, a week ago, an employee called to say he had hurt his back at
work ten days earlier.

That looks like the first problem to me.

OT - Workers Compensation Idiocy
 

Andy Asberry wrote:

....snip..

Another thing about this bothers me. Has anyone ever seen a duck
eating pecans and acorns? That is what they had him plant in the new
wet land pond.

Umm, you should ask a knowledgeable greenie what grows their natively.
All you could really be asked is to plant endemic species (what occurs
there naturally) from endemic seed/sources. i.e. the genetic make up
should be plants from the same valley/next valley and no further.
Anything else is just bull****.

I would also be taking in aerial photographs of his property before he
started, as many as you can collect going back as many years as
possible. This provides the bench mark.


I have always found when dealing with shiny arses that it helps to take
notes of who said what at the meeting. It sure changes the tone. Also
helps to respond to their queries by letters to the local newspaper (if
you are a public body).

OT - Workers Compensation Idiocy
 

Andy Asberry wrote:

....snip.....

I had concluded that their inspection methods were just window
dressing. So, when the pat-down guy asked if he can touch me, I tell
him sure just as soon as he puts on new gloves.

On that subject.
Make sure your doctor also sterilises their stethoscope between
patients.
I picked up body growths from a quakc that way.
And I've never seen any user of stethoscopes actually sterilise them.
although the doctors assistant (blood sugar and pressure) did sterilise
her hands after sneezing (only time in 50 years I've seen it).

And thanks for the idea. I will try to remember it when I travel, and
to wear studded jeans.

OT - Workers Compensation Idiocy
 

NoSheeples wrote:

....snip....

Backs are the number one scam injury.
It can't be proven if you have back pain or not. Not saying this is the case
here but it happens all the time.

The only good part about it is that it keeps a lot of people in work as
private dicks and when the level gets too high, we always have TV
investigative reports on the dumb bunnies being caught out.

The insurance companies here have certain doctors tagged as shop around
doctors (the ones that have been behind fraudulent claims in the past).

OT - Workers Compensation Idiocy
 

Andy Asberry wrote:

On Thu, 12 Aug 2004 14:04:22 GMT, "Ed Huntress"
wrote:



Ok. We'll see how far I get with this. I don't even know where it is in
Texas, but I'm curious, too, about finding my way through the EPA.

Andy apparently has checked this out pretty well and should have some
opinion about the quality of EPA's case.

Ed Huntress


I really don't have an opinion about the quality of the case. The
complaint is very vague on details. Whether guilty of the "crime" or
not, he has conceded to the EPA's remedial demands. I think the only
remaining point is how much of a civil penalty he pays.

I simply thought that an official charged with preventing this
activity would have a duty to stop it when he sees it happening before
him. Especially ongoing for two years.

IMHO I think they are ****ed because he didn't get a permit. I think
if he knew he needed a permit, he could have gotten one that maybe
required a silt fence. I've seen a lot more terrain disturbance in a
housing development. (Disclaimer: I haven't seen this since his crime
but he has described it to me.)

Here is an aerial view. It is 1995. I think before he bought it. If
you zoom out a little, you can tell it has rained recently by the
water standing behind conservation terraces in the fields. On the west
side of the Interstate the sun is reflecting off water standing in
the field. You see all the ponds full but you don't see any flowing,
navigable stream. His place is where the brushy area is on either side
of the creek, east of I-35W. Compare the stream size with the 18
wheelers on I-35W.

http://terraserver.microsoft.com/ima...17830&z=14&w=1

As stated in the rules I received, all negotiations with the EPA are
informal. Which means there is no record of what they say and they can
retract any offers. An agreement is only final when it is in writing
and signed.

Another thing about this bothers me. Has anyone ever seen a duck
eating pecans and acorns? That is what they had him plant in the new
wet land pond.
Geese are used to protect pecan groves from people.

It would appear that the dry streams are prone to high speed and long volume
rain runoff from time to time. The ox bowing is in progress. Lot of silt is shown.
I used to live north east from there 30 years ago.

Martin

--
Martin Eastburn, Barbara Eastburn
@ home at Lion's Lair with our computer
NRA LOH, NRA Life
NRA Second Amendment Task Force Charter Founder

OT - Workers Compensation Idiocy
 

On Fri, 13 Aug 2004 10:06:50 +1000, Terry Collins
calmly ranted:

Andy Asberry wrote:

...snip.....

I had concluded that their inspection methods were just window
dressing. So, when the pat-down guy asked if he can touch me, I tell
him sure just as soon as he puts on new gloves.

On that subject.
Make sure your doctor also sterilises their stethoscope between
patients.
I picked up body growths from a quakc that way.
And I've never seen any user of stethoscopes actually sterilise them.
although the doctors assistant (blood sugar and pressure) did sterilise
her hands after sneezing (only time in 50 years I've seen it).

And thanks for the idea. I will try to remember it when I travel, and
to wear studded jeans.

Heh heh heh. Make sure to wear an empty holster through the
security check, too. They looooove those.


------------------------------
Gator: The other white meat!
------------------------------
http://www.diversify.com Comprehensive Website Development

OT - Workers Compensation Idiocy
 

On Thu, 12 Aug 2004 12:46:55 GMT, "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Thanks for the reference number, Andy. I'm curious about this one. We'll see
how many times they try to send the 40-page fax to me. BTW, that's one
reason I use WinFax. g

Ed Huntress

They also mailed a copy. I received it yesterday. They have a web site
http://www.epa.gov/region6 I haven't had time to check it out. I
don't know if there is anything useful there.

On Thu, 12 Aug 2004 14:04:22 GMT, "Ed Huntress"
wrote:

"Spehro Pefhany" wrote in message
.. .
On Thu, 12 Aug 2004 12:46:55 GMT, the renowned "Ed Huntress"
wrote:

"Andy Asberry" wrote in message
.. .

Her first question, "Why did I want it?" I explained I was just a
citizen interested in what was happening in my area. "Well, why did I
need it?" "Because I'm a citizen of the United States and I'm entitled
to know what my government is up to."

Thanks for the reference number, Andy. I'm curious about this one. We'll
see
how many times they try to send the 40-page fax to me. BTW, that's one
reason I use WinFax. g

Ed Huntress

If you get a copy in electronic form, and if you can forward it along
to me, I'll try to get C. to take the time to have a look at it.

She says that (worst-case) he should only have to return it to the
same condition it was in before he started mucking with it.

Best regards,
Spehro Pefhany

Ok. We'll see how far I get with this. I don't even know where it is in
Texas, but I'm curious, too, about finding my way through the EPA.

Andy apparently has checked this out pretty well and should have some
opinion about the quality of EPA's case.

Ed Huntress

UPDATE: Case closed. I spoke with the investigator today. Seems they
have had quite a few enquiries. Civil penalty around $5000.
Investigator's reason for waiting 2 years before stopping; he thought
he surely had a permit.

On Tue, 17 Aug 2004 23:16:15 GMT, Andy Asberry
calmly ranted:

UPDATE: Case closed. I spoke with the investigator today. Seems they
have had quite a few enquiries. Civil penalty around $5000.
Investigator's reason for waiting 2 years before stopping; he thought
he surely had a permit.

The EPA "investigator" should be fined "around $5000" for thinking.
If he had a feeling that something was wrong, waiting several
years to make sure was the absolute worst thing he could have done,
both for the "offender" and for the potential damage to the
environment had he actually been doing something nasty.

BLM stories around here are the same way. sigh

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