EXPOSING LEGAL HYPOCRISY
BULL DUNG & HAGGLE
IF IT WASN’T FOR ATTORNEYS,
WE WOULDN’T NEED ATTORNEYS
My name is RICK HOLLIFIELD. I NEED YOUR HELP with Exposing Legal Hypocrisy within the INSURANCE INDUSTRY.
I can prove how I was DEFRAUDED out of a mult-million dollar lawsuit by my Workers’ Compensation Insurance Company, Olsen Steel Inc., Argonaut Insurance, Dr Richard Braun, and my attorneys, Dean Goetz, Richard Sax, and Audrey Thornton.
I will present my evidence, with documentation, and you be the Judge.
I need your honest opinion and feedback on what I’m about to share with you.
HOLLIFIELD VS. KVAAS CONSTRUCTION CO. / MWWD,
ARGONAUT INSURANCE COMPANY
CASE # ADJ2940450 (SCO0222978)
HOLLIFIELD VS. OLSEN STEEL INC.
CASE # EC015235
HOLLIFIELD VS. RICHARD BRAUN, M.D., KVAAS CONSTRUCTION CO.,
OLSEN STEEL INC., ARGONAUT INSURANCE COMPANY
CASE # GIN003700
THIS IS MY STORY: CLICK ON THE UNDERLINED TO VIEW DOCUMENTS, X-RAYS’, WORD DEFINITIONS, OR VIEW PICTURES
On August 28, 1996, I was working for Kvaas Construction Company at the Metropolitan Waste Water Treatment Plant site located at 5240 Convoy St, San Diego, California. One of the Contractors was Olsen Steel Inc. I was tasked with placing a 500 pound, 28 foot steel C-channel with pre-drilled holes, on a concrete wall for the roof girders to set on. Olsen Steel . provided three people, crane operator, Kurt Roll, signalman, Ken Younghusband, and a tagman to help set the C-channel. A Kvaas co-worker also assisted. I placed two straps from the C-channel onto the crane’s hook on the cable, then my co-worker, Danny Privett, and I went inside the building and climbed up our ladders to wait for the channel to come down to us. When the channel appeared over the wall, I was surprised to see there was only one strap hooked up. The channel was to be set onto the north wall. My side of the room had a channel already attached to the east wall. My co-worker’s side, the west wall, did not have a channel. A crane operator lowering a channel into a building, is what people in the construction industry call a blind drop. Meaning, the crane operator cannot see the load once lowered down into the room of the building. Hence, the need for a signalman. For the safety of everyone on a construction site, it is critical for a crane signalman to give clear and consistent signals to the crane operator. A signalman’s role in providing good signals is paramount for ensuring the safety and efficiency of crane operations on a construction site. The channel was being lowered to me and my co-worker. When the channel was in position, I looked at the signalman and he gave the sign “dogging the load“. The hand signal for “dogging the load,” means, keeping the current position, cable brake on, and crane operator has halted the movement of the load. I went to move the channel so it could be lowered in position to align the channel holes with the bolts in the wall to secure it. The channel dropped, knocking me off my ladder, causing me to fall 27 feet, landing on a concrete footer, bent over rebar dowels, and dirt. I broke two ribs, had a concussion, and pulverized my left wrist. I had to be carried from the area quickly, because the channel was swaying up and down, we feared the channel would slip out of the strap. Had both straps been kept on, I may not have fallen. I believe, miscommunication between Olsen Steel’s crane operator and signalman caused my injuries. In good faith, I had no way of knowing the channel would drop. If the load was truly dogged, it never would have fallen. I’m a little fuzzy on the details of the events following the fall. So lets fast forward: I sued the Crane Operators Employer, Olsen Steel. I was placed on Workers’ Compensation Benefits through Kvaas Constuction. I underwent 12 surgical procedures over the next two years, three hip grafts, two plates in wrist & forearm with 15 pins, and an external fixator. (view X-rays)
My Employer’s Workers’ Compensation insurance carrier was Argonaut Insurance Co. Dianna Cumpian was assigned to my case. Additionally, Argonaut partnered with CorVel, a critical care management company, that delegated Doris Harrah, R.N., B.S.N., C.C.M. to follow my care and provide doctor progress reports to Dianna Cumpian. In August 1998, I was still on Workers’ Compensation Benefits. Dianna Cumpian and my Attorney, Dean Goetz, received monthly Dr Braun Communication Sheets and Doris Harrah Progress Reports. Just want to say right now, Doris Harrah was looking out for my best interest. God Bless that woman!
IMPORTANT KEY NOTE: I was not receiving Doris Harrahs’ Progress Reports, nor Dr Brauns’ Communication Sheets – Dianna Cumpian and Dean Goetz were. I was relying on what my doctor and Dean Goetz relayed to me. Here is where I need your help. Pay close attention to the timeframe of the documents, who was sending, and who was receiving the information.
THE FRAUD IS IN THE DETAILS:
08/18/1998 ~ Mediation Meeting with Honorable Harry McCue, McCue’s Secretary, Attorney for Olsen Steel, Ken Kawabata, my attorneys, Dean Goetz, and Richard Sax, and myself. A Mediation Brief was presented at the MEETING showing damages of over $2,000,000 (Exhibit ?).
08/18/1998 ~ Letter from Dr Braun to Dean Goetz: Dr Braun tells Goetz, “Mr. Hollifield has never required a total wrist fusion. A total wrist fusion would carry extra morbidity and increased disability for Mr. Hollifield.” At the beginning of page #2 he says, “The patient’s injury occurred when he fell at work and sustained a high velocity, high impact injury to his distal left forearm. His recovery period has been complicated by many factors. He underwent a carpal tunnel release because of compression injury to the median nerve in the wrist.” In the last paragraph he writes, The length of future disability involves both temporary and permanent disability factors. I would predict that the patient’s temporary disability status and a permanent and stationary report will be completed before the end of the year. Thus, I feel that the length of his future temporary disability would be about 3-4 months. On page #3 he writes in the second paragraph, “The permanent and stationary report on Mr. Hollifield will contain all of the necessary requirements for appropriate disability evaluation. I understand that all parties in this case have become somewhat anxious to see this matter brought to a permanent and stationary status and I can assure you that I feel the same way. Mr. Hollifield has done well, but has required a
very complex treatment program. At present, it should be noted that his forearm is straight, symptomatically improved to the point where he has very little pain in his wrist or forearm, and will allow him to return to work using his left hand for grasping and holding activities. His eventual disability will obviously be presented in the permanent and stationary report and should not be prematurely evaluated at this time”.
08/27/1998 ~ Dr Braun Communication Sheet (Exhibit D-1), and a letter to Dianna Cumpian, and X-rays (Exhibits C-2, C-3)
09/10/1998 ~ Doris Progress Report #34 (Exhibit E-1).
10/02/1998 ~ Appointment with Dr Braun: Doris was present, see, Doris’s Progress Report #35 (Exhibits E-3, E-4). Communication Sheet (Exhibit D-2), (dated 10/05/1998, the day pin was removed), Dr Braun writes in section 2. Symptoms and Physical findings when patient seen: Pain in pin area along radial border left wrist-see below. Section 4. Permanent and stationary as of 10/15/1998 *anticipated .
10/05/1998 ~ Doctor appointment: X-rays (Exhibit C-3) were taken and Braun removed a PIN from my left wrist. Dr Braun writes in Communication Sheet section 7. Comments, “patient was ready for P&S assignment on October 2, but he complained of pain over wrist pin site. Therefore I’ll continue his TTD for 2 weeks and will remove the pin as an office procedere later this week.” (Exhibit D-2)
IMPORTANT KEY NOTE: I was not seen by Dr Braun again until 12/09/1998, the day after Judge Dietterle’s ORDER SUSPENDING ACTION.
10/06/1998 ~ Workers’ Compensation Claims Examiner, Dianna Cumpian, STOPPED BENEFIT PAYMENTS claiming I was permanent and stationary and a qualified injured worker. (Exhibit A)
10/16/1998 ~ Doris Harrah states in Progress Report #35 (Exhibits E-3, E-4) there was NO permanent and stationary report. She also states, Dr Braun said my wrist fusion had healed. At this point, Dianna Cumpian and Dean Goetz were well aware Dr Braun had not written a Permanent and Stationary Report.
10/21/1998 ~ Olsen Steel’s Attorney, Kenneth Kawabata, RESCHEDULED TRIAL DATE for RICK HOLLIFIELD VS OLSEN STEEL INC., Case #EC015235 from 10/23/1998 to 12/04/1998.
11/03/1998 ~ Because of Dianna Cumpian’s letter 10/06/1998, I was led to believe Dr Braun deemed me Permanent and Stationary. Dr Braun told Doris and myself, I DID NOT need another appointment. I was led to believe I was Permanent and Stationary. With FAITH in Dean Goetz, I was led to believe the Olsen Steel offer was the best outcome. He also stated, I could end up with nothing at trial. Dianna Cumpian had already STOPPED BENEFIT PAYMENTS; Child Support Services suspended my Drivers License; My youngest child was due in one month; My landlord served me with an Eviction Notice; my dad was dying of Cancer, and I had no money coming in. So, in good faith in Dr Braun and Dean Goetz, I SIGNED a 3rd Party Compromise & Release under DURESS. (Exhibit B)
11/06/1998 ~ Doris Harrah states in Progress Report #36 (Exhibits E-5, E-6), she was WAITING for the Permanent and Stationary Report from Braun, and NO doctor visit was scheduled. She stated, “at this point in time, we are waiting for the P&S Report” from Dr Braun. Copies were sent to Dianna Cumpian and Dean Goetz.
11/09/1998 ~ WCAB NOTICE OF PRETRIAL CONFERENCE HEARING. Copy sent to Dean Goetz. A few days after signing the Third Party Compromise and Release, Dean Goetz went and filed a request to have my lawsuit against Olsen Steel DISMISSED WITH PREJUDICE without my knowledge. He could have requested dismissal WITHOUT PREJUDICE, leaving his CLIENT leverage should WCAB disapprove the Compromise and Release.
11/24/1998 ~ Doris Harrah stated in Progress Report #37 (Exhibit E-7) Braun told her he PLANNED on making me permanent and stationary as of 10/15/1998. On 11/10/1998 Doris states, “…received and reviewed a copy of Dr Braun’s 10/07/1998 note. In that note, doctor stated that he removed pin in an office procedure, and that “no return appointment was necessary”.” Braun makes several CON-tradictions in Progress Report #37, according to Doris, “a call was placed to the claims’ examiner, and she was informed in detail on her voice mail, regarding the fact that Dr Braun’s office did not schedule the follow up P&S appointment for this client, and that case manager intervention has provided a date and time for a P&S visit.”
12/03/1998 ~ Doris’s Closing Report (Exhibit E-8) : Doris attended every one of my doctor appointment but two. The first one she missed was on September 18,1998, because she was on a family vacation. CorVel sent Maureen Wallace, R.N., B.S.N., C.C.M in her place. The second one was on October 05, 1998, when Dr Braun pulled the PIN from my wrist. Doris states in this Report, Dianna Cumpian called her on 12/01/1998 to inform her she did not need to attend the P&S appointment. She was then directed to go ahead and close the file for medical case management services. Under Recommendations, Doris states, #1. Attend Mr. Hollifield’s 12/9/98 P&S visit with Dr Braun, to determine restrictions, future medical care, and disability. #2. After the 12/9/98 appointment, obtain a copy of the completed P&S report for the claims’ examiner, and if it is all-inclusive, then speak with the claims’ examiner, regarding closure of the file.” Doris also stated in her handwritten notes, Dr Braun planned on P&Sing me on 11/01 (Exhibit E-9).
12/08/1998 ~ WCAB Pre-Trial Conference: Guess who didn’t bother to show up? You guessed it… my attorney, Dean Goetz. Judge Dietterle Ordered Case Suspended (Exhibit B-1) on C&R filed pending Permanent and Stationary Report (DWC Form PR-3). I went to the WCAB Pre-Trial Conference (Exhibit B-2) and the JUDGE ask me, “Where is your Attorney?” I said, “I guess he figures he got payed $80,000, so he didn’t bother to come”. This was the FIRST I heard No P&S Report was FILED. The next day I had a P&S Appointment so Braun could write his P&S Report.
12/09/1998 ~ At my P&S appointment, X-rays were taken (Exhibits C-4, C-5). Dr Braun placed the X-rays in the film viewer and before he even let go, said, “It looks like you have broken your plate at the PIN SITE. You’re going to need more SURGERY. Dr Braun states in his Communication Sheet (Exhibit D-3) under 7. Comments: “Requires surgery in the near future to repair Bone plate and Bone graft wrist. This will delay final outcome at least 6 months. A letter (Exhibit D-4) and the Communication Sheet were sent to Dianna Cumpian. Knowing the WCAB had an Order Suspending Action (OSA) on the C&R pending the P&S Report , Dianna Cumpian had a LEGAL obligation the moment she received the notification of the broken plate. The legal obligation was to reinstate my BENEFITS since no P&S Report could be written. I would NOT have SIGNED the Third Party Compromise & Release to settle my lawsuit against OLSEN STEEL, except for, ARGONAUT prematurely stopping my Workers’ Compensation BENEFITS. After finding out my plate was broke, I immediately notified Dean Goetz and told him of my INJURIES. The Third Party Compromise and Release could have been withdrawn, voided, rejected, rescinded, or something. Dean Goetz took it upon himself to go to the Superior Court and file a Dismissal With Prejudice regarding my lawsuit against Olsen Steel. WCAB needed to approve the Compromise and Release before it became finalized. Requesting a DISMISSAL WITH PREJUDICE, Goetz was negligent and is guilty of malpractice. Judge wanted a P&S Report from Dr Braun before he made a decision to close the case. Dr Braun could not give one. I am not an Attorney, but over the years I have learned a thing or two about the quasi-judicial system. Dianna Cumpian prematurely stopped my benefits causing unnecessary hardship. Dean Goetz could have and should have FILED a Declaration for Readiness to Proceed (DOR) with WCAB. I thank God Judge Keith Dietterle made the OSA. He was looking out for me when nobody else was. I honestly believe when the PIN was pulled, Dr Braun realized he BROKE the PLATE in my WRIST. For me, there is no rational explantation as to why he was RELUCTANT to write the Permanent and Stationary Report. He had relayed VERBALLY to Doris and myself, I was Permanent and Stationary. He stated it in the 10/05/1998 Communication Sheet sent to Dianna Cumpian. Dr Braun was well aware of the FACT he needed to fill out a Permanent & Stationary Report.
12/23/1998 ~ Dr Braun sent a second letter to Dianna Cumpian urging authorization for medical treatment (Exhibit D-5).
THIS IS WHERE ARGONAUT COMMITTED FRAUD, CONTEMPT, AND PERJURY:
12/30/1998 ~ ARGONAUT PETITION FOR CREDIT (Exhibits F1 – F7): I reached out to my attorney to get him to OBJECT. He told me there was nothing he could do because I signed the Contract. I said my case is still OPEN at the WCAB — All I got was CRICKETS. From this point on, I have no doubt, Dean Goetz FAILED me as my attorney!!! Goetz at this point, had an OBLIGATION to represent his client. Goetz misrepresented me in my WCAB case. It cost me three years of self-procured medical treatment and the loss of indemnities, for which Argonaut is legally responsible . I was uneducated in the ways of navagating such a complex quasi-judical system. Goetz should have filed something on my behalf. Had Dean Goetz been present at the Pre-Trial Conference Hearing and did what he was hired to do, I believe I wouldn’t be in this predicament in the first place. I have always wondered if there was something nefarious going on. His inaction has caused me to wonder. A DOR at the time was all he had to do to reinstate my benefits and hold Argonaut liable for continued medical treatment and indemnities. When Nolan filed for credit he committed fraud and he perjured himself by signing a verification form (Exhibit F-3). By omitting my need for medical treatment to get a credit on a C&R with a OSA pending a P&S Report. A petition for credit on a suspended, yet active, workers’ compensation order typically violates regulations against unreasonable delays in benefit payments, such as California Labor Code Section 5814 (penalties for delay) and CCR Title 8, Section 10555 (rules regarding petitions for credit). Unilateral withholding of benefits via a credit claim without approval, while an order is suspended (not terminated), constitutes an unreasonable delay in payment.
01/28/1999 ~ WCAB Judge Dietterle approved Petition for Credit (Exhibit F-8).
03/09/1999 ~ I went to get a second opinion after Dr Braun told me my plate was broke. I wanted to know if pulling the PIN caused the plate to break. I went to Alvarado Hospital Medical Center. Dr Greenwald took X-rays (Exhibits C-6, C-7) and wrote an opinion. He referred me to hand specialist, Reid Abrams, at UCSD Medical Center.
03/11/1999 ~ Dr Abrams reviewed my X-rays from Dr Braun and Dr Greenwald and gave his Expert Opinion of my injuries (Exhibit H-1, H-2, H-3).
05/17/1999 ~ Dr Reid Abrams, in layman’s terms, describes the injury to my wrist (Exhibit H-4).
06/08/1999 ~ SURGERY FOR A TOTAL WRIST FUSION:
06/17/1999 ~ Reid Abrams Progress Record: (Exhibit H-5)
07/15/1999 – 11/16/2000 ~ Doctor Appointment
03/03/2000 ~ NOTICE OF CASE ASSIGNMENT:RICK HOLLIFIELD VS. RICHARD M. BRAUN, M.D. CASE # GIN003700
04/19/2000 ~ Letter from Argonaut Attorney Michael Nolan to Richard Sax and Audrey Thornton. (Exhibit I-1, I-2). 04/18/2000, In Memorandom (Exhibit I-3, I-4) to Michael Nolan, Claims Examiner Dianna Cumpian wrote under Claim History, “This claim involves a 31-year-old laborer who fell 12 feet from a ladder while working. The claimant sustained severe fractures to his left wrist. The claimant is left hand dominant. She also states in the last sentence, The claimant has filed a 3rd party liability case against Olsen Steel, the other contractor on the jobsite at the time of the injury. Since this is an OCIP, Argonaut Insurance Company was also the liability carrier for this project.” UnderMedical Treatment she writes, Due to the serious nature of this injury, I assigned a nurse case manager, Doris Harrah with Corvel, to monitor the medical treatment on this claim. The doctor verbally stated to the nurse case manager, Doris Harrah, that the claimant was permanent & stationary as of 10/02/98 and that he would issue a report accordingly. Therefore, temporary total disability benefits were discontinued at that time. The doctor’s office did not issue this report. The claimant then returned to Dr Braun on 12/09/98 complaining of pain in his left wrist. He was diagnosed with a broken bone plate in the distal forearm area that needed surgical repair. Since the claimant settled his third party claim and a check was issued on 11/04/98 resolving the third party case, I advised the doctor’s office that we were seeking a credit in the workers’ compensation case and that the claimant was responsible for payment per Labor Code 3861. Per the claimant’s recent lawsuit, the lawsuit states that he did undergo left wrist fusion by different doctor in 3/99.” Cumpian futher discribes Argonaut’s FRAUD, as well as my attorney’s incompetence, in her statement in the Litigation section: “The claimant retained an attorney, Dean Goetz, Esq., shortly after the injury date. With the agreement of the applicant’s attorney, we had planned to resolve this case via 3rd party Compromise & Release with no further monies being paid on the workers’ compensation case as he received a $200,000 settlement in his 3rd party case. Since the treating doctor did not issue a permanent & stationary report, the workers’ compensation judge would not approve the 3rd party Compromise & Release. Therefore, we received a petition for credit in the amount of $128.910.35 approved by Judge Dietterle at the San Diego Workers’ Compensation Appeals Board dated 01/28/99. If the applicant’s attorney did not agree with the Petiton for Credit, he had the right to appeal. Attorney Goetz did not file an appeal. The statute of limitations is 5 years from the date of injury to continue litigation at the Workers’ Compensation Appeals Board. Although our file has been administratively closed, the file is still open at the Workers’ Compensation Appeals Board as, technically, the case has not been resolved.
07/18/2000 ~ Michael Nolan letter to Sax and Thornton : To confirm that Plainiff, will dismiss Argonaut and Kvaas will dismiss in lawsuit against Dr Braun. In this letter Michael Nolan further exposes his fraudulant illegal credit and perjury of 12/30/1998 Petition for Credit at the WCAB. Nolan states, “Argonaut understands that Mr Hollifield’s Worker’s Compensation claim against Argonaut and Kvaas is still open. It was not closed by the Third Party Compromise and Release attached “Exhibit “A” to the Complaint in the pending civil action since the Release was not approved by the Workers’ Compensation Appeals Board. Please execute where indicated if this letter comports with your understanding of our agreement.” Sound to me like Micheal Nolan and my attorneys were colluding to make agreements without my knowledge.
09/19/2000 ~ UCSD Neurology EMG/NCV Lab Report: Indicates NERVE DAMAGE in LEFT Hand & Wrist (Exhibit J)
11-16-2000 ~ DR REID ABRAMS PROGRESS RECORD (Exhibit H-6, H-7 )
12/20/2000 ~ Substitution of Attorneys (Exhibit ?) DEAN GOETZ REFUSED to do anything to help me at the WCAB, even though he knew the case was OPENED. He knew on December 8th, the Third Party Compromise & Release was SUSPENDED for LACK of a Doctor’s Permanent and Stationary Report.
06/06/2001 ~ DECLARATION OF READINESS TO PROCEED: I couldn’t get an Attorney to take my Workers’ Comp Case. I reached out to several with no luck. So I tried to FILE my own papers. 06/06/2001 DOR was REJECTED on 07/03/2001. 07/10/2001 DOR was RECEIVED on 07/17/2001 but REJECTED on 08/09/2001 (Exhibit ?). The reason, ARGONAUT INSURANCE ATTORNEY’S OBJECTION RECEIVED on 07/19/2001 (Exhibit ?).
03/ /2026 ~
Thank You for your attention to this matter: RICK HOLLIFIELD
TO BE CONTINUE
