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Kaiser Permanente and Worker's Compensation
This Section of the Kaiser Papers is for the Employees of Kaiser and The Permanente Medical Group
Workers’ compensation insurance became mandatory for California employers in 1913 because not all employers were assuming responsibility for medical problems created by the work environment. It is a system that is fraught with problems. Quite often, employees that are seriously injured or who develop chronic problems which were created by a job environment are not adequately provided for; either medically or financially. Often employees are taken advantage of and are left left destitute or unable to provide for their families for a variety of reasons. It is a system where you really need an attorney if you are seriously injured. Overall, it is a system that for problems that will not take more than a few days to heal often works very well.
For these reasons people should become educated as to what can happen to them if they become seriously injured or chronically ill from job related problems.
If any Kaiser employee wants their information/story on this site they must present credible, and verifiable documentation demonstrating that their information is accurate.
The following are employee stories about their experiences:
Teresa Estrada - Teresa sustained four bacterial infections while at work with Kaiser which led to her death. Teresa’s bacterial infections were aggravated to pemphigus vulgaris (also known as blister disease) by Kaiser’s use of Civil Code §56.10(c)(1) and §56.10(c)(22)(e).
EEOC filed against Kaiser Permanente -- The complaint was filed in the U.S. District Court for the Southern District of California on behalf of David Grandin, a former Kaiser employee with hyrdocephalus, which is a buildup of brain fluid that causes difficulties with memory, dizziness and concentration.
A Kaiser Patient writes to request that Kaiser Employees not intimidate nor verbally abuse patients.
News Articles about Kaiser Employees
Title: Thomas Fleishman.,
By: James, Philip N.,Information Systems Management,
10580530, Fall91, Vol. 8, Issue 4
Questionable conduct on Kaiser's part against disabled employee Joseph Pardi.
My story - working for Kaiser Permanente,Getting injured by Paul D. Stutrud
Astraea Kelly -
Kaiser Permanente Employee Victim of SARS
LARRY T. WIGGINS v. Record No. 1542-95-4
Workers' Compensation Commission granting an application filed by ... waived for any actions brought under the Workers' Compensation http://legalstuff.kaiserpapers.org/wiggins.html
Kelly Quinlan - Kaiser Employee and PatientVictim
Unpaid Medical Leave of Absence, a fraudulent doctor's note from a doctor that does not even exist, and a fraudulent Workers' Compensation Claim.
On September 10, 1999, the Claimant picked up a stack of charts, held them against her body and walked towards the chart cart. When she reached the cart, she lifted the charts from approximately her waist height to approximately her chest height and then felt a pull in her neck. She finished work that day despite the neck discomfort.
At the hearing, on cross-examination, Claimant stated that she did not twist her body when she lifted the files.
The next day the Claimant spoke with a nurse at Kaiser Permanente regarding her pain, and the nurse gave her Advil.
Kaiser was ordered to continue paying the claim.
How Institutions Work - Excerpt from Pulling Your Own Strings by Dr. Wayne W. Dyer
EEOC Sues Kaiser Permanente for Disability Discrimination
Friday, September 06, 2013 : Staff infoZine
EEOC Charges that worker with hydrocephalus was fired after being denied a free job coach to assist with training.
San Diego, CA - infoZine - The U.S. Equal Employment Opportunity Commission (EEOC) announced it has filed a disability discrimination lawsuit against Kaiser Permanente, the largest managed care organization in the United States, on behalf of a former food service worker with a disability.
Kaiser Permanente initially hired the individual in June 2008 as a food service worker at its San Diego Medical Center facility. The former worker has a medical condition, hydrocephalus, which causes difficulties with memory, dizziness and concentration. According to the EEOC, the worker requested additional training time and the assistance of a temporary job coach so that he might effectively learn his job and perform his job duties. Toward Maximum Independence (TMI), a non-profit organization in San Diego specializing in assisting people with disabilities, was available to provide the temporary job coaching services for the worker free of charge to the employer. However, Kaiser refused to grant the reasonable accommodation request, and instead chose to fire the worker in August 2008, the EEOC said.
May 9, 2013 -- Kaiser Whistleblower Case Steams Forward By WILLIAM DOTINGA
SAN FRANCISCO (CN) - The Permanente Medical Group must face a former employee's claim that she was fired after complaining about sub-standard care, a federal judge ruled. Read more at:
Court filing at: http://www.courthousenews.com/2013/05/09/ortiz%20SJ%20retaliation%20313-cv-00460.pdf
03-14-2012 - UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
ALISON DAMON,Plaintiff, v.
KAISER FOUNDATION HOSPITALS AKA
KAISER PERMANENTE AKA KAISER
PERMANENTE NORTHERN CALIFORNIA,
Kaiser Doctor Blows Whistle on Patient Care -
Kaiser Permanente, one of the largest integrated managed care consortiums in the U.S., consists of three separate entities: Kaiser Foundation Health Plan, Permanente Medical Groups and Kaiser Foundation Hospitals. Each independent Permanente Medical Group operates as a separate for-profit partnership and does not publicly disclose financial status, but is mainly funded by reimbursements from Kaiser Foundation Health Plan. - Filed by
Filed Oct 11, 2011
Kaiser Foundation Health Plan's former Chief Administrative Officer claims she was fired for protesting that the putative nonprofit was "funneling funds to related for-profit Kaiser entities ... not focusing on providing benefits to patients and the community and instead using its fraudulently obtained tax-exempt status to fuel its market expansion/dominance."
Carrie Harris-Muller sued Kaiser in Alameda County Superior Court in October 2011. Harris-Muller claimed she had been fired for protesting that the nonprofit foundation was funneling money to related for-profit Kaiser entities, rather than focusing on care and services to the community, as required by its tax-exempt status.
Source: Courthouse News
DWC Kaiser Reports, Etc. found below:
Significant Panel Decision
Case No. OAK 271713
This is a case of legal harrassement of an injured employee by the Permanente Medical Group.
Donna Yee-Sanchez vs. Permanente Medical Group
Yee-Sanchez v Permanente Medical Group (Case No. OAK 271713)
Yee-Sanchez, who has never been represented by counsel, sustained an admitted industrial injury to her neck and right upper extremity on January 11, 1999 while employed by PMG. Although there is no claim form in the WCAB’s file, it appears she filed a claim form with PMG shortly after her injury.
Dr. Duong was Yee-Sanchez’s primary treating physician and, on October 19, 2000, he issued a “final comprehensive report” that found her to be medically permanent and stationary with various factors of disability.
PMG objected to Dr. Duong’s assessment of Yee-Sanchez’s permanent disability and requested that she select a panel QME. (See Lab. Code, §4061(d).) She selected Dr. Hightower from a QME panel and, on December 4, 2000, Dr. Hightower issued a report finding her to be medically permanent and stationary with various factors of permanent disability.
On December 14, 2000, the Disability Evaluation Unit (“DEU”) issued a summary rating determination opining that the factors of permanent disability in Dr. Hightower’s report rated at (See Lab. Code, §4061(j)
On January 5, 2001, PMG requested that the Administrative Director reconsider the DEU’s summary rating determination (see Lab. Code, §4061(l), but this request was ultimately denied.
Thereafter, PMG noticed depositions for Yee-Sanchez, Dr. Duong, and Dr. Hightower. It also issued two deposition subpoenas to Dr. Hightower.
In multiple letters to PMG, Yee-Sanchez objected to the taking of any depositions.
Formerly, section 4061(k).
Formerly, section 4061(i).
However, PMG responded by a letter stating that, if she failed to appear for her deposition, it would file a petition to compel with the WCAB.
Following this letter from PMG, Yee-Sanchez sent a letter to the PWCJ, objecting to all depositions and noting that PMG had not yet filed an application. Nevertheless, PMG went forward with Dr. Hightower’s deposition (although, apparently, it never took the depositions of...
Follow links to learn more about this important cast.
Kaiser Permanente Medical Care Program
Kaiser Foundations Hospitals failed a random audit in 2001. A subsequent target audit for Kaiser, conducted under the amended Labor Code Section 129 and closed in 2004, also resulted in failure. Kaiser is scheduled for a return target audit to commence in 2006. At the conclusion of the 2006 audit, the findings of the 3 audits will be reviewed to determine whether civil penalty charges will be filed with the Administrative Director pursuant to Labor Code Section 129.5 (e) and Title 8 California Code of Regulations Section 10114 (c).
Pamela Broderson and Vivian Miller Statements regarding Kaiser employee overtime exemption year 2000
Dragomir-Tremoureux v. Kaiser Foundation Hospitals. (BPD)(33 CWCR 302):
Applicant sustained an injury to her arms on 7-24-98 and a CT ending 10-30-2000 while working for Kaiser. In November 1996 she had previously received an award for 18 ¾ % to her wrist. The applicant was referred to an AME who applicant was 100% disabled as a result of all the industrial injuries, but concluded that the 18 ¾ % prior award of PD should be set off against the current 100% disability. The WCJ after trial awarded 81 ¼ percent after apportionment to the prior award based the Escobedo case (apportionment to causation and the case of Nabors. Applicant filed a petition for reconsideration which was granted by the Appeals Board. The panel quoted portions of Labor Code Sections 4662, 4663 and 4664. Labor code section 4662 provides that the loss of both hands or the loss of use of both hands is conclusively presumed to be total. Labor Code section 4664 (b) provides that if the applicant has received a prior award of PD, it is conclusively presumed that the prior award of PD existed at the time of the subsequent injury. Under Labor code section 4664 (c) the accumulation of all award issued for any one region of the body may not exceed 100% over the lifetime unless the employee’s injury or illness is conclusively presumed to be total pursuant to Labor Code Section 4662. Labor Code section 4664 provides that upper extremities, including shoulders are a region of the body. Nothing in Labor Code section 4664 is intended to permit a single injury to exceed a 100%. In this case the Appeals Board concluded under Labor code Section 4664 (b) it was conclusively presumed that the 18 ¾ % PD still existed at the time of the injuries in this case. The board also concluded that the presumption of Labor Code Section 4662 applied and that that it was presumed applicant’s disability was total. A conclusive presumption operates as a rule of substantive law and cannot be rebutted, and no evidence can be received to contradict it. The board concluded board that Labor Code section 4662 presumption precludes apportionment because that the plain language of Labor code Section 4664 (c) (1) provides that the total of all PD awards issued with respect to any one region of the body do not exceed 100 % over the employee’s lifetime unless the employee’s injury or illness is conclusively presumed to be total per Labor Code section 4662. Because applicants disability was presumed to be total pursuant to Labor Code Section 4662, her lifetime accumulation of upper extremity PD awards could exceed 100 percent PD.
Kelly Quinlan - Kaiser Employee and Patient Victim - http://workcomp.kaiserpapers.org/kelly.html - As a former Kaiser employee at Kaiser's Appointment and Advice Call Center in Sacramento, CA from November 2004 until I was transferred to the Roseville Outpatient Medical Records Department on 5/31/05 where "I would be gotten rid of" due to my disclosed disability, informing management I was very aware of them accessing my medical records without my consent (yes, they do this to employees), and the fact that I needed an ankle replacement.
My story - working for Kaiser, Getting injured by Paul D. Stutrud
Paul Strutrud a Union Construction Engineer who worked for Kaiser was injured on the job. This is the story of how Kaiser did not provide adequate medical care for their own workers, how they did not even provide a diagnosis but rather did provide a guess. In the end Paul was retroactively fired by Kaiser though they did present him with a minimal check as reinbursement for an invention that he created. This is another story of Kaiser not even showing their own employees common decent treatment. With this type of employee abuse I have to wonder why Kaiser hasn't yet figured out why so many employees want to tell their stories.
H-1B Horror Stories 01 31 2000.txt
H-1B Horror Stories
12/7/99 I was on a project with Kaiser Permanente (KP) in Pasadena, California in 1997-1998. KP was developing a new system, using Cool:gen (IEF). There were a number of Cool:gen consultants working on the project - a mixture of H-1Bs' and U.S. citizens.
KP wanted the U.S. consultants to sign on as full time employees but was only willing to pay us about $60K per year. ($60K per year is a low salary for an experienced I.T. professional in S.California). As consultants we were making about $60 per hour so needless to say, most of us declined the KP offer.
So what did KP do? It sent it's managers to the Phillipines, Egypt and India to hire employees on H-1B visas. And guess what? Some
of these new hires had NO knowledege of Cool:gen. They had lied on their re'sume's and in the interview. The H-1B hires were being paid about $50-55K per year. And you guessed it, once we trained the H-1Bs' our contracts were terminated.
The Cool Cool-gen programmer Linda Kilcrease email: netmouser at earthlink.net
WORKERS COMPENSATION LAWSUITS FILED AGAINST KAISER PERMANENTE
Claimant sought medical treatment from Dr. Paul McClain, a physician employed by Capital Area Permanente Medical Group ("CAPMG"), which provides medical services to the patients of Kaiser Permanente Medical Center ("Kaiser").
U.S. Court of Appeals for the Ninth Circuit Files 3/21/01 OWENS V KAISER FOUNDATION HEALTH PLAN, INC.
Kaiser Permanente, Downey, California EEOC racial discrimination case.