With-in the Dept. of L&I's log for this claim, the Employer did, on Apr. 17, 2001, write a letter to the then AP asking if the Claimant's condition could with-stand the duties of a "Customer Service Representative" (this was never made known to the Claimant until after the final closing of claim and receiving requested copies of claim from the Dept. of L&I). Three days later, Apr. 20, 2001, an Employer Representative called the Claims Manager wanting to "dismiss the Employee" and wanting to know how to accomplish this desire. During this time, Apr. 3, 2001, the Employers VOC had performed a "Job Analysis" of the Claimants duties for Employer, yet the copies turned in to the Dept. and Employer allowed heavier lifting then the copies given to the Claimant and Claimants AP, there-by causing further exacerbation to the injury. This was discovered as well after the copy of claim was requested at a later date. This varience of forms was reported to the Dept. of L&I, on their web-page for "fraud", on Jul. 17, 2002, yet was overlooked by the Dept. as an insignificant error by all parties involved.
During the month of Aug. 2001, the Claimant had earlier, while on restricted duty, requested and received vacation time (Aug. 17 thru Aug. 21, 2001). At the end of the scheduled vacation Claimant was still advised by her AP to not return to work due to the work-related injury. On Aug. 22, 2001 Claimant did call the Management of Gene Juarez Salons, Inc., Southcenter, to inform them of this. General Manager of the Salon, Ann Louise Swanson asked Claimant to come in the next day so that they may speak with her about the situation. The following day, Aug. 23, 2001, in meeting With Ann Louise Swanson, and then member of Management, from the Tacoma, Gene Juarez facility, Yvonne Magana, Claimant was verbally told that the claim had been closed and that she must either return to work with no more days off due to the injury, or that her position would be filled and she would be terminated.
The claim was palced in abeyance on May 10, 2002, by a new Claims Manager (Michael Sinigaglio) who verbally told the Claimants Representative that the previous Claims Manager (Ellen Swihart) "made incorrect decesions...based on half-cocked notions". (per the RCW's of the State, the allowed time frame for a claim placed in abeyance was far over exceeded, yet there is no penalty or allowance to the injured workers for the Dept.'s ingorance of this law, RCW 51.52.060 (b)(i))
Due to the posting of the "Altered Document" on these web-pages, a threat of legal action has been given from John P. Mele, Attorney, of the firm Ryan, Swanson & Cleveland, PLLC.
We have shown you documented proof of what did occur with the Claimants Voluntary Seperation / Termination and invite you to form you own opinion as to what truly did occur. If you are not pleased with how your State Government operates, then we urge you to write, call and / or e-mail your Political Officials and demand them to intervine and correct these unethical, illegal practices.