NYS Workers\' Compensation, The Power of Evil

NYS WCB # G2029240, The Power of Evil

---My Written Statement to the Upcoming 03/27/2020 Hearing

By Limin Wang

March 21, 2020

 

WCB’s correspondence received on 02/20/2020 states that the employer/carrier,  claiming to “have documentation of voluntary removal from the labor market”, has made a hearing request on 02/10/2020, i.e., the date the WCB panel of three judges announced their rejection to my 10/31/2019 review appeal. I am eager to learn what kind of documentation it could be. My documentations of the real murder but fake justice system through workplace trap injury and then through further treacherous injuries from medical “services” should not be simply ignored or buried though.

Then, WCB’s postal mail received on 03/05/2020 sets the next hearing on 03/27/2020, 9:00 AM 30 Min, at the usual WCB hearing site 168-46 91^st Avenue, 3^rd Floor, Jamaica, NY 11432. The written PURPOSE states: “Whether or not payments should be suspended or reduced. It is necessary for you to provide the Board with the most recent and up-to-date medical report from your treating doctor. Failure to produce this report may result in the reduction or suspension of your benefits. Further consideration of the neck and left elbow. Claimant to produce medical evidence of lost time, to consider attachment to the labor market.”

I do not quite get its complete meaning in plain and simple languages. I would like to answer this hearing plain and blunt.

It’s supposed by the WC Law that the treating physicians are required to submit the medical reports and billing forms such as C-4’s to the WC Board. It’s already so practically impossible for an injured worker to find a WCB-authorized physician to take and then unbiasedly diagnose and treat an injured-worker. Why this evil system is mounting almost every burden or blame on the injured worker? The last available “treating” doctor, from New York City Medical & Neurological Offices, still acts “diagnosing” and “treating” on me. Why there was no direct submission of the medical reports from NYCMNO to WCB shown in eCase Folder about my recent neurological visits? NYCMNO claims that they have submitted the reports to WCB. When I submitted these medical reports, whatever difference it had ever made to the LONG TOTAL SUSPENSION of compensation from Feb. 01, 2019 to Oct. 03, 2019? How the WCLJ reached a decision of temporary partial disability compensation of $150 (ONE HUNDRED FIFTY)/week on the Oct. 03, 2019 hearing? By 10/03/2019, the most up-to-date medical report I submitted to WCB about my 09/17/2019 neurological visit states 100% temporary total disability.

It’s the system’s wanton play, not only on the compensation, but also on the authorization of medical diagnosis or treatment, against me the victim. The so-called “no medical evidence” for the beginning three weeks of uncompensated lost time is directly caused by such an irresponsible, ruthless, but meticulous system. It’s a premeditated and coordinated murder attempt on me, and it’s sourced from state- or deep-state- level. The perpetrators use multiple means to make me not able to find any physician for real diagnoses and treatment. When I did see a new PCP on Jan. 29, 2018 about the injury, it’s my then “representation” attorney and the WCB system chose to ignore it.

It’s such a managed “medical service” system that premeditatedly and coordinatingly inflicts further physical, physiological, and psychological harm to me while removing the direct medical evidences of my serious injuries for the perpetrators. If I had recovered just by myself with the time, the perpetrators would have come back to mount me with medical bill “balance” because they had documented almost no direct evidence of injuries. When my health has been deteriorating, almost all these “medical service” professionals, through forms of fraud, only want to DECLARE their shameless OPINION that I am healthy, or that I have diseases, even psychiatric disease, but no injury. They know I will die of my serious injury quickly or suddenly without real treatments, but they know to even shamelessly write down “0” in the line of number of my dependents in the permanent impairment section. No judge or “representation” attorney would ever care or correct such blatant systemic fraud, because they are part of the fraudulent system. This system has already turned my “wife” into a sick burden living only on me for so many years. How my young children would be able to survive in this real cannibalism system?

I have written so much so long to the WCB about my three wants: 1) honest and high-resolution MRI on my head and spine; 2) criminal investigation and punishment to the perpetrators; 3) financial compensation for temporary total disability. What has been done by the WCB? Has OSHA recovered the trap ladders set up by the perpetrators at B.Q. Wide Auto Body Parts Supply, Inc.? I can not trust these “treating” doctors’ tests results and their business-connected MRI facilities’ findings, because besides so many things, they even hold my shoulder steady to run their so-called balance test, deny the existence of an open-mouth view X-ray image, and give me blank or dysfunctional DVD’s of MRI images while claiming in their “findings” NO INTRACRANIAL BLEEDING of any age. The government bureaucrats may be so eager to bring up laws of thousands-of-pages, but they don’t show a smattering of patience to read what I the victim has written about this injury case. The NYS WCB and DOH OPMC are supposed to have officials with medical credentials, but they do not show a grain of care about the victim. The bureaucrats only ruthlessly brush away my plethora of symptoms from head trauma and tetraplegia; they ruthlessly refuse my request to have an honest and high-resolution MRI on my head and whole spine; they ruthlessly render their power to declare facts and decisions based on such a fraudulent system, with an eager to even discontinue the meager $150/week WC compensation and the $860/month SSD benefits.

My NECK was injured in the Jan. 16, 2018 workplace trap fall,  due to axial acceleration/deceleration compression, hyperflexion with a split second of total loss of consciousness, and hyperextension with a hearing of loud metal-like banging noise. And my NECK was further injured by Dr. Yazan Rajai Jabaji’s sudden and big rotation of my head & neck at New York Medical & Diagnostic Center on Feb. 17, 2018, under the cover of his first chiropractic treatment on me, and then electrically shocked through left arm to neck to head under the cover of SomatoSensory Evoked Potential (SSEP) test by an old Jew technician at NYMDC on Feb. 19, 2018. These days were supposed to be my first days to visit NYMDC, which was referred to by my then newly retained attorney’s law firm Bangel, Cohen & Falconetti, LLP.

It’s NYMDC that denied the existence of an open-mouth view X-ray done on March 08, 2018 which CLEARLY shows fracture on the CRUCIAL C0-C2 area. It’s the NYS governmental agencies that chose not to act actively on such “medical conduct”. It’s NYMDC and their business partner Neighborhood Radiology that hindered an early MRI on neck and then tampered with the Apr/12/2018 MRI evidence. It’s the WCB Judge Anthony Golden, together with my “representation” attorney Mr. Matthew T. Swansen from BCF and of course with the defense side, to set aside my neck, a CRUCIAL but injured site, as prima facie injury site, for further dispute, on the first hearing (pre-hearing) set on March 12, 2018. The Judge was citing the 02/16/2018 medical report from Dr. Benjamin Uh for this prima facie. How ridiculous is that such a report was not shown in the eCase Folder at all until April 2018? It was not shown during the hearing when I was silent but present. WHY Dr. Benjamin Uh DIDN’T INCLUDE MY NECK in his 02/16/2018 MRI referral? Read the first hearing decision’s exact treacherous phrasing!

Sixty days after that hearing decision (file dated as March 16, 2018), it’s my “representation” BCF law firm that brought up a Request For Assistance on May 16, 2018 to want the dispute again on my Neck. The defense side didn’t initiate any IME (Independent Medical Examination) of anything until late May, 2018, and their first set of two IME’s were not about the dispute of neck and left elbow! Instead, the IME vendor Brookside Consultants, Inc. sent out documents which have clearly included Neck as part of the established injury sites. Such documents were never sent to me by any parties, and such documents were DISGUISED in the WCB eCase Folder as medical narratives from a “treating” doctor, Dr. Mehrdad Golzad. By legal practice, these governmental and professional people are supposed to know that then the NECK and LEFT ELBOW are supposed to be considered as part of the Established Injury Sites too.

They, including the NYS WCB, play their sophisticated treacherous coordination on and on, against me the victim. For some simplicity here, I will fast-track to year 2019. When I openly talked to them during the Jan. 03, 2019 IME about the premeditated and coordinated murder attempts, the WCLJ Anthony Golden and my “representation” BCF attorney Jeffery Feldman and the “treating” clinics NYMDC and NYCMNO, together with the defense sides, set me up for a “no medical evidence” decision to totally suspend the compensation during the Feb. 01, 2019 hearing. More than that, WCLJ Anthony Golden fabricated a March 15, 2018 IME in this Feb. 01, 2019 decision too.

When I went for the March 14, 2019 IME with Dr. William B. Head, Jr. again, it’s the IME office that threw a pile of lies to me and then declared NO IME to me. I called WCB for the receiving lady to put a note in WCB record, and I called CCMSI insurance adjuster Lisa White. Lisa White told me to leave without the 03/14/2019 IME. Later, the defense’s law firm Jones | Jones and the WCB kept claiming that I didn’t go for the March 14, 2019 IME! The credibility of such government and business powers is at the same level of their twisted and distorted Hearing Minutes transcripts in the WCB eCase Folder.

In the spring of 2019, I managed to find three neurologists or neurosurgeons, Drs. Ahmed Elfiky, Alfred A. Steinberger, John M. Caridi for diagnoses and treatments. The first two clinics required me to contact the WC insurance adjuster Lisa White who is always denying any responsibility or lability since the very beginning. Ms. Lisa White amazingly AUTHORIZED my medical visits in early March 2019. Then of course, the first two clinics had no interest in hearing my complaint of symptoms. Dr. Elfiky split my initial visits into two, the latter one on March 29, 2019, and his “medical report” was nowhere to be found or actually obtained yet a full year later.  The earliest available appointment to Dr. AAS at Metropolitan Neurosurgery was April 03, 2019, to Dr. John M. Caridi at Mount Sinai Health System was April 04, 2019. Dr. AAS avoided to discuss the diagnostic images with me, and claimed the disks I brought there didn’t have any X-ray images. Dr. AAS or his assistant never showed they were running the disks. Dr. AAS only gave me a referral note for a CT regarding ONLY the issue of odontoid process fracture. People’s explanation to me whether it’s a CT with or without contrast is contradicting. Dr. JMC gave me a referral note of MRI on cervical, thoracic, and lumbar spine, but pointing the diagnoses first at a crossed-out fibromyalgia and then at another disease --- degenerative disc disease, and without checking whether with or without contrast.

On the April 05, 2019 hearing, it’s such a drama show! During the hearing, with a new WCLJ Lucky Enobakhare presiding, the defense attorney lady suddenly claimed she had Dr. AAS’s medical notes about me. She claimed Dr. AAS concluded that I can return to work without any restriction, and she arrogantly claimed Dr. AAS is my CONSULTANT doctor and so I need to pay for such a visit to Dr. AAS! I was not told by Dr. AAS that he would conclude such or send to the defense side such a conclusion. It’s a complete shock to me. (Later days, they changed the handwritten document to a version with some typed pages, under the same Doc ID#. Weirdly, that file on my computer local drive has been replaced too.)  Then, the strong-accented WCLJ Lucky Enobakhare doubted the 100% disability in the narrative “report” about my Mar. 14, 2019 neurological visit to NYCMNO, and set up two hearings to set up a phone cross-examination with my “treating” doctors.

WCLJ Enobakhare said as if the defense attorney lady had to take a flight to Jamaica, Queens to attend such a hearing. Only by July 2019, I started to know that Jones | Jones LLC (5 Hanover Square, #1001, New York, NY 10004) has been representing the employer/carrier since the very beginning of this case, but such information had not been shown anywhere in the documents to me. In year 2018, WCB sent out mails claiming the carrier was either not responding or not found at the right email or fax # for treatment authorization requests. I don’t see straight how a flight is required for an attorney to travel from Manhattan to Queens within New York City, and how the defense side could not be reached for business communication in modern USA. Such excuse was also used again and again by Dr. JMC’s office.

When I arrived by bus about twenty-minutes late for the June 10, 2019 hearing, the WCB at Jamaica, Queens called my former “representation” BCF attorney to the window, and then told me the hearing was already over because I was late. The WCB files claimed that I was not present, and such claim was made at the minutes AFTER I had arrived. On Aug. 30, 2019 hearing, WCB made me wait for extra hours past the hearing schedule time, literally making me the last injured-worker out of that floor that day.

When I had extremely violent heart pain in early August 2019 and almost died of it, I pushed for the spine MRI’s and a second head MRI. All the deniers’ lies and actions and no-actions still go their old ways. Who cares what! The three separate MRI’s on my spine from Main Street Radiology were all paid full out of my own pocket, although MSR had collected both WC insurance and EmblemHealth insurance information. Besides, MSR DEMANDED me to sign a sheet prohibiting me from claiming reimbursement from the (WC) insurances, otherwise no MRI to me. There is no possibility of MRI in the USA without a doctor’s referral, and MSR was already claiming the 04/04/2019 MRI referral had already expired on Aug. 15, 2019. What a real sense of FREEDOM such a system provides to the general people? The cervical spine MRI images from MSR were not so clear, and the axial slices did not cover the CRUCIAL craniocervical junction. The thoracic spine was done in a very quick-through way. It’s possible that the MRI facilities may have done extra scans on me without my consent or knowledge. Regardless, I don’t have access to the most important direct medical evidence data. The MSR reports were pretty much aimed for “degenerative disc disease”. The deniers, including NYS WCB, wouldn’t authorize the supposedly “pre-authorized” MRI’s and wouldn’t acknowledge any MRI findings on my spine. Dr. John M. Caridi’s office then claimed their help couldn’t be available anymore.

By September 11, 2019, IME vendor Brookside Consultants, Inc. started to take Neck off and to switch Back to Low Back in the list of established injury sites. When I talked to BCI, WC Insurance CCMSI, and WCB about such of their DISREGARD of facts, truth, or law, they all acted as if they either didn’t hear from me, didn’t understand me, or for WCLJ Lucky Enobakhare, angerly shut off my talk of such important issues during the hearings. Yes, as Judge says he is not my attorney, but why do such to me as an enemy? The “hearing” is preposterously for the claimant/plaintiff only to “hear” what all other parties to say. The deniers choose whatever they want to impose on me the injured worker/victim. The hearing decisions in 2019 were all VAGUE about the medical treatments, and no medical practice gives a damn to my injuries about such VAGUE decisions.

The deniers called off the cross-examination and set up the IME with Dr. Robert S. April. When I filed a review appeal on Oct. 31, 2019, before the Nov. 2019 RSA IME. The Jones | Jones attorney wrote in her rebuttal to twist as if my review appeal had been made after the RSA IME, and portrayed me as “Mandarin-speaking male” while not mentioning I can generally talk and write in English. The conspirators imposed an interpreter on me for the IME but tried very hard to violate my rights of having my accompany for the recording of the IME proceeding. The Nov. 08, 2019 IME and its report were not only a psychological trauma but also a physical assault to me. Yet, the NYS WCB Board Panel Judges cite the deniers’ falsehood as FACTS and the RSA’s opinion to inflict the psychological assault to me another time. Their review decision claims not only my neck is still a disputed site, but also the Back is also diminished to Low Back. Thus, the government bureaucrats, as business fraudsters, show exactly the same kind of DISREGARD of the ESTABLISHMENT too.

There are SO MANY facts and evidences about what treacheries the multiple parties of the evil system have done to me. It’s so easy for such kind of capitalism-footed evil and corrupt system to claim other systems or governments evil and corrupt. Please face the facts what the USA and special-colored China evil and corrupt systems have done or not done to me.

Don’t drag me further with this kind of SOPHISTICATED sham justice system, because the perpetrators have been actually dragging me to die of real murderous injuries to my central nervous system which has seriously affected all of my vital systems. Before my injuries from B.Q. Wide Auto Body Parts Supply, Inc., I had been working as a diligent and efficient slave at B.Q. Wide with pretty much two full-time slaves’ load and one slave’s minimal wage rate plus a few hours overtime each week. Some people at B.Q. Wide, including some management and senior employees are malicious to me almost daily with unprovoked verbal assaults and physical threats. I want to live, with my life, liberty, and happiness. I want to seek the three justices. I first want to seek GENUINE medical diagnoses and treatments to my serious injuries. If the USA system can not provide it, then don’t pretend it any more, just like the special-colored China gives a flat-out rejection of medical assistant to me the “compatriot”.  I hope I can get the needed help from other countries such as North Korea.

[王利民]

NYS Workers' Comp G2029240: "The Claimant's absence"

April 03, 2020

by Limin Wang

The CORRUPT and MURDEROUS NYS WCB system sent out a ridiculous decision of the March 27, 2020 REMOTE hearing. I was calling the [phone] to attend the hearing by phone as one allowable way to me the claimant too. The WCLJ Lucky Enobakhare made the so-called decision, including one line "The Claimant's absence is excused due to COVID-19 emergency." What a shame to such a sham NYS WCB system! The WCB has been closed to the public since mid-March due to Governor Cuomo's order of COVID-19 emergency. Phone attendance is a legal way for the injured worker to attend a remote hearing too. The defense's law firm Jones | Jones "attended" such hearings by phone several times while I was attending in person. On March 27, 2020, the WCLJ NEVER CALLED me. When I called [phone] again at about noon that day, I was told that the hearing was completed. Look what this corrupt and murderous system blames on me the injured worker by such a falsehood statement, "The Claimant's absence is excused due to COVID-19 emergency." I the injured worker personally don't have a COVID-19 emergency, although the seeing medical assistant at New York City Medical & Neurological Offices on Feb. 27, 2020 was coughing several times to me. Bring on the POWER OF EVIL from all other parties.

[王利民]

The "treating" physician or medical assistant at New York City Medical &
Neurological Offices was claiming that "With or without the doctor's
treatment, a patient will recover on his own." The NYS WCB rule for
continuous treatments is to have follow-up appointments within 90 days.
NYCMNO writes "follow-up appointment in two months" in their "medical report
", but NYCMNO actually gives me the follow-up appointment in four full
months. NO CREDIBILITY WHATSOEVER TO THIS KIND OF WC SYSTEM AND MEDICAL "
SERVICES"．