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Important CA Court Victory For Injured And Jailed Worker Anita Blick
Injured worker Anita Blick who was jailed in solitary confinement for over 90 days by the San Mateo District Attorney Alberti for workers
compensation insurance fraud has won an overturn of the conviction. This vicious retaliatory
prosecution of an injured worker is systemic of that insurance company terror campaign against injured workers to
increase their profits.
compensation insurance fraud has won an overturn of the conviction. This vicious retaliatory
prosecution of an injured worker is systemic of that insurance company terror campaign against injured workers to
increase their profits.
Important CA Court Victory For Injured And Jailed Worker Anita Blick
Press Release
From
California Coalition For Workers Memorial Day
7/24/2007
http://www.workersmemorialday.com
In an important court decision on 7/24/2007, the California First Appellate Court vacated or overturned a criminal conviction of injured worker Anita Blick for fraudulently claiming workers compensation benefits she sustained in an injury as a police dispatcher in the City of Atherton beginning in 1994.
The city of Atherton, the insurance carrier Citi Group and Katherine Alberti an assistant District Attorney of San Mateo had charged Anita with illegally concealing from the Doctor her ability to drive to the doctor's office for her medical care.
The City of Atherton, Citi Group and the District Attorney of San Mateo spent hundreds of thousands of dollars to spy on Anita Blick and to bring her to court in a retaliatory action to punish her for her workers compensation claims.
The court ruled that she had not made fraudulent statements to get workers compensation and that in order to convict someone of this statute you have to prove that the injured worker had to "conceal or knowingly fail to disclose, must intend to obtain benefits which they would not be entitled to if they had made the disclosure" with the "intent to defraud". They declared that the court instructions did not make this clear and this would have changed the outcome of the court case that led to a conviction.
Anita Blick who had never even had a traffic ticket before this criminal case was placed in solitary confinement for 90 days and had numerous additional health problems as a result of this vicious terror tactic by the City of Atherton, the Citi Group company and San Mateo District Attorney Katherine Alberti.
In fact, the District Attorney of San Mateo complained to the California Fraud Commission FAC under the chairmanship of Safeway Executive Vice President for Risk Management William Zachary that they had overspent their budget in pursing the case against Anita Blick since she had many law enforcement witnesses testifying about her injuries.
"State Of California Fraud Assessment Commission Meeting
Fraud Division Headquarters Sacramento, CA January 18, 2006
San Mateo
Elaine Tipton, Deputy District Attorney, San Mateo County, distributed revisions to the submitted application clarifying a few dollar questions and content questions. San Mateo continues to operate with 65% of one deputy attorney, 65% of two investigators and 65% of a paralegal. The need for additional funding arose with the unanticipated cost of two lengthy jury trials. One case alone generated sixty-five hundred dollars in witness fees. San Mateo prosecuted a police dispatcher and this case was difficult as the accused had law enforcement character witnesses testify on her behalf. Furthermore, the injuries and the medical issues were complex necessitating numerous expert witnesses.
The second trial has pending bills, not yet received, from four medical experts who testified. San Mateo is already at a five thousand dollar deficit in the expert witness fund. Therefore, a portion of the 5% reserve funding request is for ten thousand dollars to address both the deficit and the projected expenses."
Anita in a previous statement challenged the whole intent of the prosecution. "I have done nothing wrong. I told everyone I was getting better and turned in three applications. I bought my own leg braces, canes, walking sticks, exercise equipment, seat assist and other devices to help me get better, and found and paid for my own rehabilitation program to get back to work. The Cities Group and the Town of Atherton have lied and conspired with the San Mateo County District Attorney’s Office to maliciously prosecute me to keep from having to pay me what they were required by law and failed to do."
The systemic terrorism against injured workers continues unabated. In fact newly elected Insurance Commissioner Steve Poizer has continued to cover up the direct conflict of interests by his Insurance Fraud Commission which does oversight on the insurance industry and dispenses $22 million a year to District Attorneys to pursue fraud cases. This commission is controlled by insurance industry executives who are in charge of regulating the insurance industry. Poizner has appointed insurance executive from Safeway William Zachary and chair of the Fraud Assessment Commission on to a Blue Ribbon committee to make changes in the regulation of the insurance industry.
State investigators of the Insurance commission have told injured workers that District Attorneys will not investigate insurance companies for fraud and refuse to investigate fraud and criminal violations by insurance adjusters and attorneys representing insurance companies.
Anita still faces a battle to keep her home. The City of Atherton and Citi Group are seeking hundreds of thousands of dollars which would have forced her to sell her house and she faces continued legal costs.
This travesty of justice is one of the most blatant examples of a corrupt and sick system in which workers are punished who are injured on the job and the people who are doing this getting away with it without accountabilitiy. As a result of these tactics workers are refusing to file workers comp claims and instead are going to SSI, CA Disability Insurance or public hospitals to get their medical care. In fact this massive cost shifting scam is being encouraged by insurance lawyers, judges and insurance companies in order to shift costs to the tax payers and settle cases quickly. As a result of these practices. insurance company profits have increased by billions of dollars and injured workers are paying the costs of this manipulation. This was the direct result of the deregulation of workers compensation SB 899 which passed the legislature almost without any opposition. The governor Arnold Schwartzenegger has himself taken hundreds of thousands of dollars from insurance moguls such as form Schwartzenegger advisor Warren Buffet and put them and their lawyers in charge of re-writing California workers compensation legislation.
The California Coalition For Workers Memorial Day will continue to defend Anita and other injured workers who are fighting for justice and a decent life free from terrorism by employers, insurance companies, "regulators" and corrupt judges and attorneys.
You can also see a video of Anita Blick at the 2006 Workers Memorial Day rally in Sacramento.
Anita Blick
The decision Follows
http://www.courtinfo.ca.gov/cgi-bin/opinions.cgi
Jul 24 2007 A112744
[PDF ] [DOC
] P. v.
Blick 7/24/07 CA1/3
Jul 24 2007 A112744
[PDF ] [DOC
] P. v.
Blick 7/24/07 CA1/3
http://www.courtinfo.ca.gov/opinions/documents/A112744.PDF
California Coalition For Workers Memorial Day
P.O. Box 720027
San Francisco, CA 94172
http://www.workersmemorialday.com
Press Release
From
California Coalition For Workers Memorial Day
7/24/2007
http://www.workersmemorialday.com
In an important court decision on 7/24/2007, the California First Appellate Court vacated or overturned a criminal conviction of injured worker Anita Blick for fraudulently claiming workers compensation benefits she sustained in an injury as a police dispatcher in the City of Atherton beginning in 1994.
The city of Atherton, the insurance carrier Citi Group and Katherine Alberti an assistant District Attorney of San Mateo had charged Anita with illegally concealing from the Doctor her ability to drive to the doctor's office for her medical care.
The City of Atherton, Citi Group and the District Attorney of San Mateo spent hundreds of thousands of dollars to spy on Anita Blick and to bring her to court in a retaliatory action to punish her for her workers compensation claims.
The court ruled that she had not made fraudulent statements to get workers compensation and that in order to convict someone of this statute you have to prove that the injured worker had to "conceal or knowingly fail to disclose, must intend to obtain benefits which they would not be entitled to if they had made the disclosure" with the "intent to defraud". They declared that the court instructions did not make this clear and this would have changed the outcome of the court case that led to a conviction.
Anita Blick who had never even had a traffic ticket before this criminal case was placed in solitary confinement for 90 days and had numerous additional health problems as a result of this vicious terror tactic by the City of Atherton, the Citi Group company and San Mateo District Attorney Katherine Alberti.
In fact, the District Attorney of San Mateo complained to the California Fraud Commission FAC under the chairmanship of Safeway Executive Vice President for Risk Management William Zachary that they had overspent their budget in pursing the case against Anita Blick since she had many law enforcement witnesses testifying about her injuries.
"State Of California Fraud Assessment Commission Meeting
Fraud Division Headquarters Sacramento, CA January 18, 2006
San Mateo
Elaine Tipton, Deputy District Attorney, San Mateo County, distributed revisions to the submitted application clarifying a few dollar questions and content questions. San Mateo continues to operate with 65% of one deputy attorney, 65% of two investigators and 65% of a paralegal. The need for additional funding arose with the unanticipated cost of two lengthy jury trials. One case alone generated sixty-five hundred dollars in witness fees. San Mateo prosecuted a police dispatcher and this case was difficult as the accused had law enforcement character witnesses testify on her behalf. Furthermore, the injuries and the medical issues were complex necessitating numerous expert witnesses.
The second trial has pending bills, not yet received, from four medical experts who testified. San Mateo is already at a five thousand dollar deficit in the expert witness fund. Therefore, a portion of the 5% reserve funding request is for ten thousand dollars to address both the deficit and the projected expenses."
Anita in a previous statement challenged the whole intent of the prosecution. "I have done nothing wrong. I told everyone I was getting better and turned in three applications. I bought my own leg braces, canes, walking sticks, exercise equipment, seat assist and other devices to help me get better, and found and paid for my own rehabilitation program to get back to work. The Cities Group and the Town of Atherton have lied and conspired with the San Mateo County District Attorney’s Office to maliciously prosecute me to keep from having to pay me what they were required by law and failed to do."
The systemic terrorism against injured workers continues unabated. In fact newly elected Insurance Commissioner Steve Poizer has continued to cover up the direct conflict of interests by his Insurance Fraud Commission which does oversight on the insurance industry and dispenses $22 million a year to District Attorneys to pursue fraud cases. This commission is controlled by insurance industry executives who are in charge of regulating the insurance industry. Poizner has appointed insurance executive from Safeway William Zachary and chair of the Fraud Assessment Commission on to a Blue Ribbon committee to make changes in the regulation of the insurance industry.
State investigators of the Insurance commission have told injured workers that District Attorneys will not investigate insurance companies for fraud and refuse to investigate fraud and criminal violations by insurance adjusters and attorneys representing insurance companies.
Anita still faces a battle to keep her home. The City of Atherton and Citi Group are seeking hundreds of thousands of dollars which would have forced her to sell her house and she faces continued legal costs.
This travesty of justice is one of the most blatant examples of a corrupt and sick system in which workers are punished who are injured on the job and the people who are doing this getting away with it without accountabilitiy. As a result of these tactics workers are refusing to file workers comp claims and instead are going to SSI, CA Disability Insurance or public hospitals to get their medical care. In fact this massive cost shifting scam is being encouraged by insurance lawyers, judges and insurance companies in order to shift costs to the tax payers and settle cases quickly. As a result of these practices. insurance company profits have increased by billions of dollars and injured workers are paying the costs of this manipulation. This was the direct result of the deregulation of workers compensation SB 899 which passed the legislature almost without any opposition. The governor Arnold Schwartzenegger has himself taken hundreds of thousands of dollars from insurance moguls such as form Schwartzenegger advisor Warren Buffet and put them and their lawyers in charge of re-writing California workers compensation legislation.
The California Coalition For Workers Memorial Day will continue to defend Anita and other injured workers who are fighting for justice and a decent life free from terrorism by employers, insurance companies, "regulators" and corrupt judges and attorneys.
You can also see a video of Anita Blick at the 2006 Workers Memorial Day rally in Sacramento.
Anita Blick
The decision Follows
http://www.courtinfo.ca.gov/cgi-bin/opinions.cgi
Jul 24 2007 A112744
[PDF ] [DOC
] P. v.
Blick 7/24/07 CA1/3
Jul 24 2007 A112744
[PDF ] [DOC
] P. v.
Blick 7/24/07 CA1/3
http://www.courtinfo.ca.gov/opinions/documents/A112744.PDF
California Coalition For Workers Memorial Day
P.O. Box 720027
San Francisco, CA 94172
http://www.workersmemorialday.com
For more information:
http://www.workersmemorialday.com
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