RICK HOLLIFIELD, IN PRO PER
VS.
KVAAS CONSTRUCTION COMPANY, MWWD, ARGONAUT INSURANCE COMPANY.
CALIFORNIA, COUNTY OF SAN DIEGO – WCAB – Case Number ADJ2940450
On August 28, 1996, I was working at the Metropolitan Wastewater Treatment Plant in San Diego, California. A co-worker and I were up on our ladders waiting to set a 500-pound, 28-foot steel C-channel to the north end wall of a concrete building.
I had put two straps on the crane hook before we went inside. When the crane brought it over the wall, I was shocked to see only one strap hooked up — the crane operator had removed one strap and moved the other one to the middle of the channel.
The signalman kept walking in and out of the room instead of staying in radio contact like OSHA requires. He gave me the “dog the load” signal, so I went to position the channel… and it suddenly dropped, knocking me off the ladder and sending me falling 27 ft. I broke two ribs, had a concussion, and pulverized my left wrist. I ended up having 12 surgeries over the next two years.
On October 2, 1998, Argonaut stopped my benefits claiming I was Permanent & Stationary
Three days later, on October 5, 1998, the doctor pulled a pin from my wrist in an office procedure, told me I was Permanent & Stationary, and told me no return appointment was necessary. Meanwhile, my case manager Doris Harrah kept calling the doctor for two months straight trying to get the Permanent & Stationary report. She repeatedly told Dianna Cumpian at Argonaut that the doctor still had not provided it.
On November 3rd, I signed a Third-Party Compromise & Release for $200,000 on my two-million-dollar third-party lawsuit against Olsen Steel for knocking me off the ladder. Six days later, on November 9th, my own lawyer, Dean Goetz, went behind my back and filed to dismiss my two-million-dollar third-party lawsuit against Olsen Steel — without my knowledge or consent.” After attorney fees and medical liens were taken out, I was left with only $128,910.35.
He had the case dismissed with prejudice, meaning I could never bring that lawsuit again.
While all of this was going on, Doris Harrah was still desperately trying to get the Permanent & Stationary report from Dr. Braun. She kept leaving detailed messages for Dianna Cumpian at Argonaut, letting her know that the doctor still had not written the report.
On December 8th, I went to the Workers’ Compensation Appeals Board hearing for a pretrial conference on my two-million-dollar third-party lawsuit. My lawyer, Dean Goetz, never showed up. The judge looked at me and asked, “Where’s your lawyer?” I told him, “I guess since I gave him $78,000, he didn’t bother to come.” The judge put an Order Suspending Action on the case and refused to approve the Compromise & Release until all the liens were satisfied, and he had the Permanent & Stationary report from my doctor.
The very next day I went to a doctor’s appointment so he could P&S me. During that visit the doctor told me I had a broken plate in my wrist. Doris Harrah had to intervene to get me this appointment with the doctor. That’s when I found out I had a broken plate in my wrist. Later that same day, I called my lawyer and told him what the doctor found. I asked him if we could void the Compromise & Release since the judge had never approved it. He told me there was nothing he could do because I had already signed the contract. I said the judge didn’t approve the C&R, can’t we void it or something? He did nothing. Dr. Braun sent two letters in December to the claim examiner (Dianna Cumpian), urging authorization for surgery to repair the broken plate. She told him she was going to file a Petition for Credit, and I was responsible for paying for my own surgery.
On December 30th, Michael Nolan, Senior Vice President and attorney for Argonaut Insurance, filed a Petition for Credit received for the $128,910.35. They refused to pay for any further treatment, forcing me to pay for my surgery myself. Since Argonaut Insurance refused to authorize the surgery, I had to pay for it myself. I was forced to wait from December 9th, 1998, until June of 1999 before Dr. Reed Abrams, Chief Hand Surgeon at UCSD Medical Center, could perform the surgery. By the time I finally had the surgery, the delay had caused additional nerve damage and left me with a more severe permanent disability.
I was young and didn’t understand how the legal system really worked. I had no idea how easily the insurance company could screw you over with just the stroke of a pen.
Later, a memo was discovered in which Dianna Cumpian admitted that even though the judge had not approved the Compromise & Release, she still obtained a credit for $128,910.35, approved by Judge Dietterle. She told the doctor that I was responsible for payment per Labor Code 3861, and I needed to pay it out of my own pocket. She went on to say; the doctor never wrote a P&S Report. Because of that the judge wouldn’t approve the compromise and release, so we filed a Petition of Credit for $128,910.35. Although this case is administratively closed in our office, the case is still open at the Workers’ Compensation Appeals Board as technically the case has not been resolved.
I recently discovered that my Workers’ Compensation case has remained open and unresolved for all these years. Because of this, I have filed a good faith demand letter requesting full discovery and all my medical records. I am now waiting for those records, and I am in the process of filing a Declaration of Readiness to Proceed with a mandatory settlement conference at the Workers’ Compensation Appeals Board to recover the workers’ compensation benefits that have been owed to me from October 2, 1998 through January 4, 2001. My goal is to expose the fraud, the illegal credit they obtained from the unapproved Compromise & Release, and to seek sanctions against those responsible.
I am currently in contact with Argonaut Insurance’s attorney. I recently filed a Subpoena Duces Tecum to obtain Argonaut’s internal records, including all medical records, correspondence between the claims adjuster and my doctors, and communications between the lawyers and the insurance company.
The insurance company’s lawyer is sending me only the Workers’ Compensation file. I told him that’s not what I’m asking for. I am demanding the complete internal records that were hidden from the judge.
They think that because I’m not an attorney, I am ignorant of the law and don’t know how to file the proper documentation to get myself heard in front of the Workers’ Compensation Appeals Board. What they don’t realize is that I know this case better than they do because it happened to me. I am the injured worker in this claim, and I have every right to those documents.
Since this case has remained open and unresolved since 1998, I still have the right to be heard in front of a judge. There is no Statute of Limitations.
I’ll keep you updated on how things are going and let you know about any upcoming court appearances.
I believe I can prove extrinsic fraud, contempt of court, perjury, and bad faith handling of my claim. I intend to seek sanctions and penalties against them, along with all the benefits they wrongfully withheld from me since October 1998.
Respectfully Submitted,
Rick Hollifield