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Brainiacs: Abuse of Discretion, Part 2
In Project: Brainiacs

Most of this hour is devoted to the Second Part on Abuse of Discretion, which is when judges do bad things that render a hearing unfair, such as:

1. Fail to adequately consider material evidence that would impact the outcome of the hearing.

2. Allow flouted discovery which is not harmless.

3. Exclude an expert witness, such as Dr. S.Gregory Hipskind, because it assists the defense to prevent Dr. Hipskind's affidavit from being in the record, which affidavit states the Paxil prescription was incorrect for a brain injury patient, and at such high dosages probably was the cause of a nervous breakdown, which is evidence of "MEDICAL DISINFORMATION" which, by American Jurisprudence, is cause to overcome the statute of limitations.

4. Fail to recuse self when there is solid evidence that a relative of the judge or jury is improperly involved, such as when Safeway's management was related to a juror in a trial where Safeway was a party; or when Administrative Law Judge Michael Harr is the brother of Jim Harr, a former employer of Paula Rhoads Hooks' who could have been the "subsequent employer" if U.S. Home Corporation failed to keep its insurance in force.

5. Such as a ruling which is contrary to law, such as an ERROR OF LAW. Example: When the injured worker provides written notice of an injury, such as a concussion diagnosed by a doctor, yet the employer and insurance company fail to file appropriate documents with the Division as required by law, then C.R.S. 8-43-103(2) the statute of limitations shall not begin to run. Miller v. ICAO, 985 P.2d 94 (Colo. App. 1999) also indicates the General Assembly indicated a 5 year statute of limitations. Also, by C.R.S. 8-43-102: "Actual knowledge by an employer (senior management is an eyewitness to the accident) ... shall be deemed notice of its contraction." So Judge Michael Harr evidently REFUSED to adequately consider the established facts. As the Miller v. ICAO case was decided in 1999, before my date of injury in 2000, it seems Harr should have known about it.


Yes, there is more abuse of discretion to share another day.

Published: 9/20/2014 0 Comments
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Producer: prhoads
Locally Produced: Local Production
Theme: Community Issues and Advocacy
In Project: Brainiacs
License: Attribution-NonCommercial-ShareAlike 3.0 Generic
Rating: TV-G
Language: English