Is this an example of how our government agencies Help to uphold our rights?

MPC Trucking and the Pennsylvania Workmen's Compensation Court.

I have three letters from Mr. Gallagher (Vice President of MPC Trucking), dated 1-7-91, 1/30/91 and 2/15/91. Documentation from Norwood Hospital showing I was injured at work on 3/6/91. The bill was sent to MPC Trucking, (P.O. Box Kimberton Pennsylvania 19442). They paid this bill through miscellaneous insurance. This was approximately a month after they started taking Workmen's Compensation out of my pay at the rate of 3.5%. ( See Invoices 2/19-22/91 and 3/3-8/91 ). They took the Workmen's Compensation out of my pay through to the 4/6/92 injury, (from Invoice 4/6/92) and after (see invoices 4/20-22/92 and 5/1/92), yet it was ruled that I was never covered by Workman's Compensation because I was an Independent Contractor. Where did the money go? I have never received this money back and the judge in Pennsyvania never asked where it went.

On April 6, 1992, I suffered from an exposure to an unknown substance while unloading a trailer at C&S Grocery Warehouse in Battleboro,Vermont.

On April 7, 1992, after I was told by doctors at the Albany Medical Center, (Albany N.Y.), that apparently I had suffered either a chemical burn or a chemical reaction, I called MPC Trucking and requested a Workers Comp. number. I was told to send the bills to MPC Trucking and they would be taken care of like Norwood Hospital.(See Norwood Injury and Norwood Payment)

I did not agree with this solution so I decided to file a Workmen's Comp suite.

After filing Workmen's Compensation in Pennsylvania, I received this letter from the State Workmen's Insurance Fund, dated 2/28/95, which told me that they were not the insurance carrier for MPC at the time of injury. Shortly after, I received a copy of a letter addressed to the judge of the Workmen's Comp Court from J. Kot , Assistant General Manager of MPC Trucking. In my opinion, this makes it sound like they knew that the letters sent in 1991 selling the independent contractors Workmen's Compensation were sent under fraudulent pretences. Where did all the money go?

Enclosed is the Workmen's Compensation decision from Pennsylvania. If you take time to read this carefully you will see where the Judge has taken testimony to a number of things yet never upheld my rights or the peoples rights. People who were contaminated by this load and myself still do not know what could have possibly been in this trailer before this load. MPC Trucking was never made to show documentation of where this trailer was before 4/2/92 and this case was never fully investigated. ( see OSHA paperwork)

The final decision, I was not an employee of MPC Trucking. The Judge made other rulings mainly from hearsay. In my opinion this trial was a joke. For example, a couple months into the trial, I contacted the Judge because of having problems with my attorney. I did not feel as though I would be adequately represented. The Judge told me I could not seek new counsel because it was too far into the trial. The fact that my Attorney never contacted me when this decision was released or ever changed my address with the court shows exactly how inadequate my representation really turned out to be. As another example, the Insurance doctor, Dr. Berkowitz, in point # 37, testified that I was a heavy smoker up to age 25, insinuating that this maybe a motive for my condition, yet he should have known that a smokers lungs become clear with in a 10 year period (MD Alert). I would also like to clarify that I have a prehistory of bursitis not bronchitis. I also question the integrity of this court and the judge. Because of my financial state during this trial I was told by the judge that I would be reimbursed for renting a vehicle and traveling to Pennsylvania to submit to an examination by their insurance doctor. I was never reimbursed and never received a response to a letter I sent the judge.

I did not have the opportunity to appeal this case. I received this decision with four days left to appeal. This was due to my attorney's failure to change my address with the court and it went to the wrong address. I also could not contact an attorney in Pennsylvania in the allotted amount of time.

I have enclosed the testimony of Dr. Johanning from Eastern NY Occupational Health Program and the results of my evaluation dated July 27, 1993 by Phyllis Marino, MD, Hudson Valley Division of the Mount Sinai -Irving J. Selikoff Occupational Health Clinical Center. Their opinion is clear that my current health is a result of exposure in these trailers.

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