Does your
boss make you sick? |
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VII. Attention, Utah
residents: Employee abuse (bullying) is okay
in Utah.
The
Utah legislature passed a labor law in 1995 that defines mental illness
caused by working conditions as an industrial disease. (Utah Code Annotated
§ 34A-3-106) At first it appeared to be a much needed, pro-worker
law similar to laws that have been enacted in other states. However, in
practice it is an unconstitutional law that prevents mentally injured employees
from having any recourse whatsoever against abusive employers.
First, the law
designated the Labor Commission (workers' compensation) as the ONLY recourse
for mentally injured employees, which saves companies the high costs of
defending themselves in lawsuits. The legislative discussions before the
law was enacted makes it clear that was its purpose.
Now the commission
is doing its part for business by denying all claims for benefits under
that law.
I took my claim
for mental health benefits, which was the landmark case, all the way to
the Utah Supreme Court and lost. (Labor Commission Case no. 961162 and
Supreme Court Case No. 990273-SC) The Supreme Court refused to even consider
my case, in spite of the fact that I presented solid evidence that I was
denied benefits only because of corruption in the Labor Commission.
I proved with
an abundance of evidence that I qualified for benefits on all points of
the law, and it doesn't take a legal mind to see that what the administrative
law judge in my case foisted off as "findings of fact" were no more than
his own biased testimony, sometimes as though he were an expert witness.
In fact, the judge literally made a case against me with his own testimony!
By actual count, two thirds of his facts were blatantly and undeniably
NOT facts, and more than half of those misstatements were his only "evidence"
for denying my claim. He would not have had to have done that if I truly
did not qualify.
Now that fraudulent
document is THE case law for UCS § 34A-3-106. A single administrative
law judge made sure NO ONE in Utah can collect workers' comp benefits for
mental damage caused by a job or an employer.
The problem is
that Utah is one of the most pro business states in the country, with a
powerful business lobby and influence in every part of state government.
The labor commission answers only to the pro-business governor, and the
agencies that oversee judges have no jurisdiction over administrative law
judges. The state senate can investigate, but first it has to be convinced
the problem is important, the investigation could take years, and there's
no reason to think the pro business senate, where the law originated,
would be objective if it did investigate.
My case is closed
and I have nothing to gain by taking my fight any further, but I can't
stand the injustice that allows Utah companies to mentally abuse and disable
their workers and not have to take responsibility for the damage they cause.
The only way to correct such injustice is for the public to demand a fair,
public, criminal investigation into the alleged corruption behind it. But
that can't happen until the public knows about it.
Local media won't
touch the story because they can't afford to offend the business community
that buys their time and space for advertising, so we have to get the interest
of out-of-state media, and I need your help to do that.
My case alone
is not enough to get that interest. I've talked to attorneys who won't
touch mental health workers' comp claims because they have to work on contingency
and they know they can't win. I've talked to many people who know people
who have been screwed by workers' comp, but I didn't know I'd need names
when I heard the stories.
If you have been
wrongfully denied workers' compensation benefits and are willing to go
on the record with your story, please fill out the section at the end of
my questionnaire. (See directory.)
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