Tulsa Now Forum

[CDL]

I.m a new member to this forum.
I can't seem to figure out how to start a new thread for discussion.
At any rate, because I feel this is quite important and needs to get out there, I will post the information here, and hope it will reach as many as possible.

Workers comp. laws do need change, but is the change that our governor is seeking moving in the right direction. Because only 2% of all workers comp. claims are fraudulent, and the laws already heavily favor the employer over the injured worker, what change should be made?

                                       Unethical Business Practice @  Tech Ridge Office Park Tulsa, OK
                                            NAI Petrous Commercial Real Estate Services, Worldwide

Management at Tech Ridge Office Park is guilty of unethical treatment of employees. In November of 2012, Tech Ridge ended the employment of their lead engineer, (David Louton) while he was on workers comp. Tech Ridge property manager; Joy MacCracken did not inform Mr. Louton that his employment had ended until March 2013, when the doctor released him to work. In fact, she continued to act as the employer in Dec, Jan, Feb, and even in March by handling the doctor/patient reports that were sent to the workers comp. insurance company. When David returned with a release from the doctor,(March 4,2013) he was informed that the company changed receivership in Nov. 2012. Because of this change David lost his job. Joy also said that technically David was never an employee for Tech Ridge. In addition to this despicable behavior, the property manager and NAI Petrous are now acting in ways that prevent Mr. Louton from obtaining new employment. McCracken says that, because of the workers comp. claim, they are refusing to sign a reference letter for Mr. Louton, and will not provide prospective employers with employment information over the phone. To add insult to injury, on Dec.20, 2012 (one month after Davids employment ended) Ms. MacCracken sent a fax to verify that David was a full time employee at Tech Ridge, to the apartment manager where he signed a one year lease. David had to skip out on lease, jeopardizing his credit. Tech Ridge management could have prevented this by telling the truth. Tools were stolen, while David was on workers comp. They refuse to replace these personal tools.

David Louton is the engineer who possibly saved lives and property at Tech Ridge back in 2011. In Dec. of that year, there were cranes in the parking lots, replacing heat and air units on the roof tops. David was hired in Oct. 2011. During his first month on the job, he discovered the heating systems were in a dangerous state of disrepair, caused by years of neglect, under the management of Joy MacCracken at Tech Ridge. Because of Davids leadership on this project, 40 roof top HVAC units were replaced on the Blain and Cherokee buildings. While working seven days per week, 12 – 16 hours each day on this project, David was injured, and was unable to complete the inspection of systems on all buildings. So, it is still unknown if the other eleven office buildings at Tech Ridge are safe. But, because most of the HVAC systems on all buildings at Tech Ridge are 40 years old, like those replaced on Blain and Cherokee, and proper maintenance has been left undone for years, there is reason for great concern. The old units that were replaced were discharging carbon monoxide in to the occupied spaces. Any one of these units could have exploded, causing a chain reaction, destroying property and causing death. David also discovered that many building exhaust fans did not work and were still not working when he became injured and left Tech Ridge.

When corporations are allowed to treat hard working, dedicated workers in this manner, workers comp. laws do need change.

[Ed W]

Click on "The Tulsa Forum by TulsaNow" above and to the left, then select the appropriate category and click on it.  Select "New Topic" from the list on the right, and Bob's your uncle.

[Red Arrow]

Workers comp. laws do need change, but is the change that our governor is seeking moving in the right direction. Because only 2% of all workers comp. claims are fraudulent, and the laws already heavily favor the employer over the injured worker, what change should be made?

It's easy to bash the governor.  What changes do you suggest?

[Ed W]

Unsurprisingly, this story about David Louton appears verbatim on his Facebook page.  While I don't see any problem with writing in the third person, it's a good practice to exercise full disclosure and let readers know this is your version of events. 

[CDL]

Ed W, yes you are correct this is my story. But, there is no other version to the story.

[Red Arrow]

While working seven days per week, 12 – 16 hours each day on this project, David was injured,

David was not as smart as he thinks he is, allowing himself to put a few dollars above his health and safety.  I am not surprised he was injured.  Fatigue is one sure way to get hurt.

[RecycleMichael]

RecycleMichael would never do that.

[CDL]

Red Arrow, I'm not bashing the governor. I am a registered republican. I voted for her, and will vote to reelect her. I think the democrat party was taken over by socialist/communist many years ago.
I am 57 years old, have been working all my life in construction industries, and this is my first workers comp claim.
I knew that I would no longer have a job, when I returned.
I have seen it happen to others.
Men who actually work for a living, always lose their jobs, after filing a workers comp. claim.
Companies always find some reason to get rid of men who get injured.
This is the first time I've seen this happen before the doctor even releases the patient.
I think I had the right to know that my employment was terminated four months before the doctor released me.
Joy McCracken said that the reason she did not inform me of this is because I was on workers comp. and she never sees me.
This is not true. I hand delivered each doctors report directly to her, the first week of each month, and she acted as the employer, by handling these doctor/patient reports.
McCracken had my phone number, and has called me on that number.
She knew that the reason I wanted to lease the apartment in Tulsa, was to eliminate my 100 mile round trip drive to and from work, when the doctor was soon to release me to work.
The apartment manager had me on hole, waiting for the verification of employment.
McCracken knowingly lied to the apartment manager, in her fax message to the apartment manager, where she confirmed that I was a full time employee at Tech Ridge on Dec. 20, 2012.
She said to me that my employment had ended in Nov. 2012.
It is hard enough to pay my mortgage in Muskogee, and be the sole support for a family of three, with no income whatsoever.
Now I am liable for a one year lease on an apartment that I have been forced to vacate.
You have to admit that, if all I am saying is true, (and it is) this is very unethical.
Yet everything that has been done to me is evidently legal???
I had only worked for the company for a month before I got hurt.
During that period, the only thing I can think of that would cause McCracken to do these despicable things is that, when in my first weeks on the job, I exposed her as being incompetent to manage the facilities, by discovering the public health and safety hazards, that were allowed to exist under her management.

I assure you I am not trying to knock the governor in any way. But she has an office job. This never happens to office personnel. This only happens to people who actually WORK for a living.  Before she makes workers comp. laws more anti worker, I just think she needs more knowledge of real life.
The fact remains that only 2% of all workers comp. claims are fraud.
Having a career, a profession, an occupation, or a job does not necessarily mean you WORK.
Any physics book will define work as; energy in motion.
As a building engineer, I am required to lift and carry 100 pounds on a regular bases. I am the first responder, if there is a building fire, and must be able to run up and down four flights of stairs, while carrying a 20 pound fire extinguisher. Lives and property depend on my ability to move quickly.
The doctor released me to work, even though I told him this, and that I cannot run, still have trouble with stairs, walking on inclines, and have not yet even attempted to climb a ladder. I assumed that I would be placed back on workers comp. if after being released, it was determined that I was not up to the job. I thought I still had a job, and the company would create some bogus reason to fire me after I returned, like all other companies do.
I don't blame Tech Ridge for not wanting to take a chance on me, because I really can no longer do the work, due to this disability.
I was injured while working 12 - 16 hour days, seven days per week, trying to make these buildings safe for the occupants. I was on a salary, and received no OT pay.
My reward for my dedication to the company, is quite strange.

I would hope that our governor will acquire a little more knowledge of the real world, before making a knee jerk response to be anti worker.
The laws already are slanted heavily against workers. If the laws were made fair to workers, the law suits would drop drastically.



 

[CDL]

Evidently there are some of you, like Red Arrow, who think I brought this on myself.
If you think I wanted this injury, and to undergo two surgeries, and still be crippled, and have the career that I have been in for the last 30+ years ended, with no retirement, you aren't very bright.
I was the only person with an HVAC license, it was November, there was not much time to get the work done, lives and property were at risk.
Red Arrow, do you have an office job, or do you WORK for a living.
There seems to be a great deal of ignorant to the way things happen in the real world.
At first I was of the opinion that it was not the companies fault and not my fault.
You want to blame me for getting hurt.
The truth is that the company, had three different bids to replace all the old equipment, before I was hired.
They knew these should be replaced. Management at Tech Ridge were wearing blinders, and allowed a dangerous situation to exist.
So in a way, their neglect, and incompetence to manage the facility created a situation that lead to my injury.
At other jobs, I always make sure this kind of work is started and completed before cold weather comes.
I told McCracken it would take me two months to do this work. She wanted it done in two weeks. I did not overwork myself to the point that fatigue caused my injury, Red Arrow suggest. This job was going to take two months, working 7 days a week. As an expert, I knew this.
Because it was time to turn on the heating systems, this work needed to be done immediately, and I was the only man licensed for the work.
It was my responsibility. I was the lead engineer. I could not allow these unsafe conditions to exist. I could lose my license for that.

[AquaMan]

Man, you don't need a forum. You need a lawyer. One who specializes in this kind of nonsense. I know some guys (everyone does). PM me if you want.

You could also use a little time to read about the Republican party and find someone to help you figure out why you vote against your own interests.

[Ed W]

Ed W, yes you are correct this is my story. But, there is no other version to the story.

There are at least two versions of your story and quite possibly more. The company fired you for a reason, and that reason will have some documentation to substantiate their position.  It's standard procedure in cases like this.  

There are a few avenues for you to consider. First, if you belong to a union, they'll assist you in pursuing a grievance and may be able to reinstate you with back pay.  It takes time to do this, and the usual time frame is a year or more.  

Second, if you do not have union representation, you can hire a private attorney.  I'm sure there are some recommendations from the people who haunt this forum, some of them quite knowledgeable and experienced in workers comp claims.  Again, it takes time, so ask politely and be patient.

Finally, get some information on the Americans with Disabilities Act.  The ADA requires "reasonable accommodation" for employees, and in most cases, employers will comply with the regulations.  This also relates to the hiring practice, but it's been years since I had to read up on that stuff.    

[CDL]

AquaMan, I have been to the best attorney in town. I was told that technically the company did nothing illegal, and because Tulsa is a pro business/ant employee town, there is not much chance to win a case of wrongful termination.

As for my being republican, they are the lesser of the evils.
Because I do not support killing innocent babies at the planned parenthood abortion factories, I support freedom of choice to own fire arms, school choice, retirement choice, and health care choice, I do not fit with the liberal/progressive/socialist/communist/democrat party.
I will never allow these enemies from within to buy my vote, with their socialist/communist utopian lies.
Sure they will try to purchase my vote, with promises to take from all who work hard and "spread the wealth", but this is immoral.
Why not cut out the middle man (big brother), issue fire arms to all the poor people, and let them go door to door robbing the citizens.
This would eliminate the need for the IRS.

[Red Arrow]

Evidently there are some of you, like Red Arrow, who think I brought this on myself.
If you think I wanted this injury, and to undergo two surgeries, and still be crippled, and have the career that I have been in for the last 30+ years ended, with no retirement, you aren't very bright.
I was the only person with an HVAC license, it was November, there was not much time to get the work done, lives and property were at risk.
Red Arrow, do you have an office job, or do you WORK for a living.
There seems to be a great deal of ignorant to the way things happen in the real world.
At first I was of the opinion that it was not the companies fault and not my fault.
You want to blame me for getting hurt.
The truth is that the company, had three different bids to replace all the old equipment, before I was hired.
They knew these should be replaced. Management at Tech Ridge were wearing blinders, and allowed a dangerous situation to exist.
So in a way, their neglect, and incompetence to manage the facility created a situation that lead to my injury.
At other jobs, I always make sure this kind of work is started and completed before cold weather comes.
I told McCracken it would take me two months to do this work. She wanted it done in two weeks. I did not overwork myself to the point that fatigue caused my injury, Red Arrow suggest. This job was going to take two months, working 7 days a week. As an expert, I knew this.
Because it was time to turn on the heating systems, this work needed to be done immediately, and I was the only man licensed for the work.
It was my responsibility. I was the lead engineer. I could not allow these unsafe conditions to exist. I could lose my license for that.

Were you in a WAR ZONE?  How many people would have died if you didn't complete your job on time?  Could the facility have been shut down until the life threatening situation was mitigated?

You are new here so you probably don't know that I too am an Engineer.  In the mid/late 80s, I allowed my employer to overwork me (with no OT pay) for a project.  I understand the pressure to complete a job. After about 6 months, I was exhausted.  I went for a company paid medical exam and found out I was just exhausted. Are you saying there is no stress in an office job?  I agree the probability of a physical injury is less than if you are person-handling 100 lb packages.  In your case it appears that 7 days per week and 12 to 16 hrs per day for a month or so was more than you could handle.  Yes, accidents happen.  More often, there are extenuating contributing circumstances.  I am not implying you are responsible beyond saying that you allowed yourself to be overworked to the point that an accident had a high probability of happening.  Feel free to post details explaining otherwise.  You are not 20 something and invincible anymore. Wake up and recognize it.

As an expert, you should have told McCracken that it would take the time you needed and declined the job if they did not agree. If lives were at stake, you should have reported the situation to an authority such as OSHA.

Yes, you were treated badly after you were injured.  I don't care how you voted.  You are saying that the governor is taking the program in the wrong direction.  I was serious when asking how you would change the program.  Saying the laws need to be changed and the governor is taking us in the wrong direction is an easy statement.  What is your solution?

[CDL]

Ed W, you are quite right.
There is more to the story.
But, it is all bad on their part.

[Ed W]

If the company did nothing illegal, as you say, and you continue writing questionable posts about their actions, you may become liable.  The smart thing to do would be to put it behind you and move on to further employment. In the late 50s, it can be difficult to find work as many of us know.