Third in a continuing series of reviews of evidence and issues from Paula Rhoads' worker's compensation case in which she reviews much of the discovery failures of defense in her case, as well as Administrative Law Judge Michael Harr's continual bias for the defense as ALJ Harr liberally construes everything in favor of the defense.
Paul Tauriello, Worker's Compensation Division Director, stated in an email that discovery failures would have been dealt with by the judge hearing Paula's case, but the fact is, ALJ Harr never did anything to enforce the law regarding discovery, or Judge Jaynes' discovery ORDER dated Oct. 30, 2003.
ALJ Harr, whose brother Jim Harr employed Paula in 2001, and who was insured by Pinnacol Assurance, had a conflict of interest, a prejudice and abuse of discretion, but never refused himself though Paula mentioned this employment three times in the transcripts.
It is virtually impossible to prove one's case by the preponderance of the evidence when ALJ Harr absolutely refuses to allow claimants to put that evidence into the record. When ALJ Harr repeatedly refused RECEIPTS PROVING TIME LOST of four calendar days, then allowed Mike Berry to falsely testify Paula Rhoads was at work those days, one must recognize ALJ Harr's false fact finding is contrary to the truth he was supposed to be seeking.
Who doublechecks his fact finding? one might ask, particularly after reading Al Franken's book on liars.
Absolutely nobody, which is a good justification for Paula's proposal to establish a Citizen's Task Force with power to review all denied disability claims, especially for brain injuries, to investigate the fact finding of unelected administrative law judges and whether the way they conduct hearings is unfair or imposes additional barriers to discriminate. Also, the task force should have power to order immediate Triple Tessla MRI brainscans for claimants claiming brain injury so we can end the practice of using liars like Dr. Robert E. Kleinman, who called himself an "independent medical examiner" despite his definite purchase by the defense.
Also, the Citizens' Task Force would have power to enforce false testimony statutes in C.R.S. 8-43-402 because Denver DA Mitch Morrissey refuses to, as does the city attorney also, and the attorney general. That's a denial of EQUAL PROTECTION OF THE LAWs to disabled people, by the way. BTW, West's publication at the federal law library states the false testimony statute applies to ALL PARTIES, regardless of what Denver District Judge Morris Ben Hoffman ruled incorrectly and contrary to law.
However, all the discovery failure mentions have not been included on this show of 102-plus minutes. This one is for the archives, and is a continuation of Case No. 1 and Case No. 2. More to come! This is educational!!!!