Posted October 13 2003 - 07:08 AM
"No sir while not an empire you are as close an example of the evil corperation as anyone will ever find. Your soul reeks of the hate and evil from hell. Your character is swiss cheese. You are a snake oil salesman reborn charlatan. Your the most evil of all evil forces the one who raps himself in religious cloth."
Can I interpret this as meaning that you are taking back all the nice things you said about me? You still have the option of changing your mind again.
The following material is quoted from my response to a recent examination by a qualified medical examiner.
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On page 2, paragraph 2, under HISTORY OF INJURY, you state; “He was a shop steward for many years but was removed from this office in 1996 when he filed a formal letter complaint with the National Labor Relations Board. He was removed and replaced as a shop steward by Ray Kindle who later had his own conflicts with Mr. Engel.”
I was a shop steward for approximately 20 years. I was removed from office as a shop steward after formally requesting and securing information that I was entitled to, as a Union Representative, under the National Labor Relations Act and the Teamsters Contract. Ray Kindle, a coworker with a documented history of deception and violence, replaced me. I sought and was awarded a restraining order prohibiting Ray Kindle from harassing me by the Superior Court of the State of California by and for the County of Contra Costa on June 20, 2000, one year before my current Workers’ Compensation Claim commenced. United Parcel Service refused to assist me in securing that protection. I represented myself as plaintiff against an attorney representing my Shop Steward, the defendant. I made an additional request for protection immediately following my most recent injury.
On page 2, paragraph 4, you state; “Because of his lack of funds, he wanted to return to work, but he needed changes to me made in his environment which he felt would be impossible for UPS to accommodate.”
I wanted to return to work as soon as possible, preferably before my State Disability funds ran out. It would not have been impossible for UPS to provide me with a safe work environment. I requested that UPS secure a restraining order against persons that had threatened me. This worked before. UPS ignored my request.
On page 4, under DEVELOPMENTAL HISTORY, you state; “He states he had a D average in high school.”
I was very bored in school. I took an aptitude test, when I applied for the Naval Air Reserve, immediately after graduating from High School. I had the highest test score out of approximately 200 or 300 recruits. My nickname was “Brain”.
On page 4, under OFF WORK ACTIVITIES, you state; “He also helps at a meditation center where he helps garden.”
I have been helping to coordinate drip irrigation installation at the M. A. (Mata Amritanandamayi or “Amma”) Center, in San Ramon, for approximately 10 years. Others and I have installed one or two miles of drip irrigation in the extensive gardens. I have been visiting nursing homes on a weekly basis with devotees of Amma, our spiritual teacher, for approximately seven years. I help arrange group visits. This is volunteer work.
Amma was honored with the Gandhi-King Award for Non-violence at The Global Peace Initiative of Women Spiritual and Religious Leaders Geneva, Switzerland Oct. 7, 2002. The prestigious Gandhi-King Award was presented to Sri. Mata Amritanandamayi by Jane Goodall at the United Nations General Assembly Hall.
I do photography and video shooting of political events to assist a friend of 38 years, Bob Swanson. Bob is constituent liaison for Nate Miley with the Alameda County Board of Supervisors. I have also worked with Bob in assisting the Hindu and Sikh communities for approximately ten years with political and religious freedom issues (you can read more on this in my RESUME).
I write short stories of a metaphysical nature.
On page 5, paragraph 3, under REVIEW OF MEDICAL RECORDS, you state; “Mr. Engel reports that he was subjected to a continuation of harassment and experiences daily insults from his manager. Harassment in the form of being sent home early so that after he did all the work of selling a car he would not receive any commission.”
I was never subjected to harassment by the supervision that I reported to after returning to work from my first injury. It appears that my first injury resulted in a change in departments and supervision. Linda Cullen, and Tony Steffinich were my Supervisors when I returned to work. We had a good working relationship and resolved problems without grievances being filed. I was never sent home early and I didn’t sell cars. There was no commission involved in my work. It appears that this refers to someone other than I.
On page 9, paragraph 1; you refer to the report by Carol Walser, psychologist, of April 18, 1997. In that report is was stated on page 13, under CONCLUSIONS OF CURENT PSYCHOLOGICAL STATUS; “Mr. Charles Engel appears to have experienced and continues to experience moderate anxiety and mild to moderate depression secondary to his difficulties at his workplace starting July 15, 1996. His current psychological complaints are listed under “Chief Complaints” and match how he appeared during the “Mental Status Exam” and on testing and seem to be a reliable account of his difficulties. Mr. Engel does not seem to be exaggerating his complaints, but rather he is likely minimizing them. There were no signs of malingering. Instead all psychological test results are consistent with his report and complaints, and a diagnosis of Generalized Anxiety Disorder and Depressive Disorder Not Otherwise Specified.”
On page 15 under WORK LIMITATIONS it is stated; “It is recommended that Mr. Engel not work under the supervision of the previous supervisors he believes treated him unfairly.”
On page 16, under ESTIMATE OF LOSS OF PRE-INJURY CAPACITY is stated; Prior to July 15, 1996, Mr. Engle was able to perform any and all of his work duties. At the current evaluation, Mr. Engel likely can and he also stated he believes he can eventually return to performing any and all of his prior work duties, but only in an area of the workplace in which he feels safe.”
On page 16, under CAUSE OF DISABILITY it is stated; “ The original cause of disability is considered to be having been threatened with termination at work for what the employee states as violating rules that his employer acknowledged he had no means of being aware of. This incident occurred at Mr. Engel’s workplace and is considered totally work related.”
On page 9, paragraph 3, of your report of 09-10-03, you quote Dr. Stanford as stating; “Mr. Engel’s worker’s compensation claim is, in my view, mainly a means for Mr. Engel to subsidize his variety of non-occupational activities rather than a means of managing a genuine psychiatric problem, whether industrial or non-industrial cause.” Please note that I was eligible for my pension at the time I filed my Workers’ Compensation case. I enjoyed my job and I did not want to be forced into retirement. I simply wanted UPS to address legitimate concerns for my safety, as validated in part by the Superior Court of the State of California in and for the County of Contra Costa, when the Court granted my request for a restraining order against Ray Kindle, an illegally appointed Shop Steward and Union representative.
On page 10, paragraph 4, you quote Dr. Stanford as stating; “Mr. Engel may be providing an accurate account of events, an account of events that is a combination of accuracy and distortion, or third a completely distorted account of events. I do not believe a physician is in a position to determine which of these apply.” In the event that you do agree with Dr. Stanford, this determination would also include you. That being the case, we would have to rely on my extensive documentation and subsequent findings to determine the validity, scope and work relatedness of my cumulative injury. The HISTORY OF INJURY, which you have provided, beginning on page one, is incomplete. You do not adequately address the restraining order that was issued against my Union representative and which generated several hundred pages of documentation. You are not aware of the “ZEP 885” incident in which my entire work crew was poisoned over several days, in spite of our pleas, and ultimately taken by van to a doctor. UPS was fined $40,000 by CAL OSHA and I was threatened with termination for stealing time immediately after my whistle blower protection expired. I was threatened with termination for reading the Teamsters Contract, on Company time, in my capacity as Shop Steward, while waiting for out of town tractors to fuel. The incident was written up in a National Teamster Newspaper. A similar incident occurred more recently, which we didn’t discuss.
Please note that the Alameda County District Attorney’s Office has reviewed approximately 4,000 pages of documents relevant to my work history and concerns. These matters were thoroughly documented.
I am forwarding a copy of my letter of September 2, 2003, with attachments, to Liberty Mutual Insurance. This letter was addressed to you with a copy to Bruce D. Parker at The Law Offices of Helen Santana. I didn’t send a copy to Liberty Mutual. The 26 page partial list of documents will be updated and brought to the Workers’ Compensation Appeals Board at the time of the mandatory settlement hearing. It will be accompanied by supporting documents that I will be submitting as exhibits in my WCAB trial in the event that my request for Workers’ Compensation benefits and attorney fees is denied.
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Please note that I will be representing myself at the WCAB trial. My Workers´ Compensation case is of a very complex nature.
U.P.S. will be represented by a team of attorneys, those very attorneys that you feel are the evil s***** of the earth.
"We are what our thoughts have made us; so take care about what you think. Words are secondary. Thoughts live; they travel far."
Swami Vivekananda
"All that we are is the result of what we have thought."
The Buddha
05-08-2012
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