From judy-doc@coollist.com Thu Mar 23 08:49:49 2000
Date: Thu, 23 Mar 2000 06:16:18 -0500
From: judy-doc List Owner 
To: judy-doc@coollist.com
Subject: March 23,2000 - UPDATE - Bill please post on site

UPDATE - MARCH 23, 2000 [Bill, please add this to the site, maybe near the front because I get a lot of messages from people wanting to know what's been happening in the last year]

1.  Both Bill Hammel and I have been too busy to keep the site updated with all the court motions and maneuvers that are going on in both my case against UNUM Insurance and his case against State Farm Insurance.

2.  In a nutshell, I was an Emergency Room doctor.  I became disabled by a smoldering case of Chronic Fatigue Syndrome which became worse due to my job requirements resulting in memory problems, dizzy spells, other cognitive problems like clumsiness, mixing up left and right, difficulty with numbers, as well as the usual symptoms of CFS - headaches, muscles aches, sore throats, exhaustion, and a feeling like you constantly have the flu. I had two disability insurance policies with UNUM.  Both of these policies were specific for my occupation as an ER doctor.  I had bought one policy on my own.  The second was a benefit through my last employer.  Both of my claims were denied based on the opinions of two "in-house" doctors in Portland, Maine who determined I could perform the duties of an ER doctor on a full-time basis because I could still occasionally drive my car (having been followed by Private Investigators for 17 days) and because I do not look sick (on the videotapes). UNUM's doctors also labeled me as
 having psychiatric problems that were not diagnosed by my treating physicians.  You can read the details in the Racketeering lawsuit on this site.

3.  As of this date, I have the following proceedings working their way through the courts.  I am representing myself without an attorney in all of these actions.  There is extensive documentation included in my pleadings which you can get from the courthouses:

	a.  Lawsuit for benefits under ERISA (Group policy through employer) - Federal Court - I'm preparing to file a motion for summary judgment in this case very soon.
	U.S. District Court - Dist. Massachusetts, Springfield, MA
	Case No. CA 98-30204 FHF

	b.  Discrimination Lawsuit against UNUM in Federal Court for discriminating against people with "subjective" disabilities.  Unfortunately since I'm just one person and I'm representing myself, this is NOT a class action, but it could be.
	U.S. District Court - Dist. Massachusetts, Springfield, MA
	Case No. 99-30200FHF 

	c.  Discrimination/Breach of Fiduciary Duty/Breach of Contract/Retaliation lawsuit in Federal Court against my former employer - Harrington Memorial Hospital
	U.S. District Court - Dist. Massachusetts, Springfield, MA
	Case No. 99-30201-FHF


	d.  Lawsuit for benefits under my Individual policy in State court with actions for Intentional Infliction of Emotional Distress and Malpractice and the illegal practice of medicine against UNUM's two doctors.  

	Massachusetts Superior Court - Civil Division
	Case No. 99-1023

	e. In Spring 1999, I filed something called an Injunction in order to force UNUM to pay my benefits while we are fighting in Court.  The Federal District Court judge denied the injunction.  I appealed the ruling and have been waiting since December 1999 for the Appeals court ruling.

	First Circuit Court of Appeals
	Docket No. 99-1712


	f.  Another UNUM claimant, Jack Artale, has filed for Intervenor status in my case because of issues related to his case.  The District court denied his Intervenor status and he has filed an appeal to the First Circuit court of Appeals as well.  Jack is primarily interested in the issue that the Blanket authorizations UNUMProvident forces claimants to sign as a condition for payment are illegal and force claimants to give up Federally protected privacy rights as a condition of payment.

	First Circuit Court of Appeals
	Docket No. 99-2358

If you wish copies of the records, please contact the courthouses.  I have neither time nor money to provide it to you.

APPEALS COURT - FIRST CIRCUIT
	Phoebe Morse    (617) 748-9057
	 
FEDERAL DISTRICT COURT - SPRINGFIELD, MA
      John Stuckenbruck	(413) 785-0214   

STATE SUPERIOR COURT - SPRINGFIELD, MA
      Marie G. Mazza - (413) 748-7629


	g.  Attorney Sam Malat of New Jersey, in conjunction with myself is collecting data to form an analysis of UNUM's patterns and practices which will be of the utmost importance if we can ever find an attorney or law firm to bring a class action or a Racketeering case against UNUMProvident.  You can find and fill out the database form on this website to add your experiences to the project.

4.  Healthwise, I manage to do all this despite my CFS, because,
	
	a. although I cannot regularly and reliably perform the extremely stressful duties of an Emergency Physician (which is the specific job my contracts cover me for), I may not be as sick as most of you.

	b.  I have no dependents, no obligations, and no significant outstanding debts.

	c.  I have friends and loved ones who help me on a regular basis with emotional support, house-cleaning, errands, and financial help.

	d.  With a combination of Prednisone, Prozac and low doses of pain killers (which have a paradoxical effect on me and wake me up instead of making me drowsy), as well as naps practically every day, and occasional periods of 2-3 days of almost total rest, I can do this kind of sedentary activity for several hours.

	e.  Since I work from home, I am not exposed to the viruses and germs of my occupation which were making my condition much worse.  I can stop and rest whenever I need to and even take several days off anytime I need to.

	f.  I consider this my job.  I do the usual recreational activities (TV, movies, socializing with friends, etc.), try to occasionally take walks and enjoy nature, but fortunately have not been distracted by other projects, pastimes, or obligations.

	g.  I was fortunate to have an excellent education including learning how to type.  My brother is a computer specialist and taught me some rudimentary computer skills.

5.  UNUMProvident is a criminal organization.  Although I have been quite disappointed that most of the lawyers who represent claimants are having difficulty seeing this, I think the tide is turning because many insurance companies are operating the same way.  Gradually the network is expanding through word of mouth, phone, mail and Internet.  Lots of folks on the Net have provided invaluable assistance in the collection and dispersion of information about the criminality of these organizations.

The specific crimes being committed include (but not limited to):

	a) fraud - both garden variety and mail and wire fraud
	b) extortion
	c) the illegal practice of medicine
	d) medical malpractice
	e) selling policies fraudulently
	f) collusion with regulators and government officials
	g) interfering with doctor/patient relationships
	h) negligent and intentional infliction of emotional and physical distress
	i) reckless endangerment
	j) inappropriate and reckless use of private investigators
	k) causing some claimants to commit suicide

This analysis is not just conjecture but is based on extensive reading of law books, laws, and case law.  I think all of these crimes are actionable if any lawyer/D.A. had the guts to do it.
(Just like the tobacco lawsuits - we need to find a D.A. who wants to make a name for him/herself by exposing a criminal insurance empire).

6.  I urge each and every one of you to, ON YOUR OWN, I can't help individuals - approach your local D.A.'s, A.G's in your state.  Present them with the facts of your case and the information on the Internet.  Maybe we can get something started.

7.  Next week I am going to San Francisco.  UNUM will be deposing my insurance expert Clinton Miller, J.D. on March 31.  Mr. Miller wrote a book called "How Insurance Companies Settle Cases." Most of what UNUMProvident is doing is described in the Chapter "Techniques Not Found in Claims Manuals."  The chapter starts with the following 

"Disclaimer: The following techniques illustrate unfair     claims practices. The tactics and techniques outlined in this chapter are unethical, sometimes immoral and usually illegal." 

I think after dealing with a few UNUM cases, Mr. Miller will be adding some new techniques to this chapter in the next edition of the book.  If you want your own copy, call the publisher (714) 755-5450.  You might be able to find a copy at your local law school library or courthouse law library.

That's pretty much where things stand.  Please fill out and return your databases so we will have the PROOF of their pattern.

Judydoc