The following is the text of a complaint and the damages done to date of complaint that I sent to the New Jersey Department of Insurance, against State Farm Indemnity and it's spawn.
It goes almost without saying that absolutely no investigation was done by the New Jersey Department of Insurance. They merely asked the Insurance Company what it had to say. Its people lied through their teeth and that was the end of it. Subsequent intervention by State Senator Byron Baer and by State Assemblywoman Loretta Weinberg had no results, not for lack of trying.
State Farm Indemnity of New Jersey has deliberately and maliciously committed fraud and the government of the State of New Jersey in the persons of Governor Christie Todd Whitman and her pomps have knowingly and deliberately aided and abetted it, if not ordered it to begin with.
The entire State Government of The State of New Jersey is engaged along with State Farm Insurance and I amd sure other insurance companies in Fraud, Extortion, Racketeering and systematically attempted murder.Also see the following:
December 4, 1995 COMPLAINTS AGAINST State Farm Insurance Companies: State Farm Indemnity Company, 40 West Century Road Paramus NJ 07652 And Jane Savastano, Sandra Romei, Veronica Wade, Idiana Murray, individually and as agents, servants and/or employees of State Farm Insurance Company. By Dr. William C. Hammel 219 Teaneck Road Ridgefield Park NJ 07660 (201) 807-0652 On behalf of Myself Dear Sirs: Whenever "State Farm" is used it will mean "State Farm Insurance Companies: State Farm Indemnity Company, their agents, servants and/or employees." On September 16, 1994, Mr. Bellamente and I were covered by State Farm policy, number X14107-A12-30 covering a 1992 Mercury Grand Marquis, bearing New Jersey registration plates WH AB. We had elected the highest priced P.I.P. coverage possible; our policy was paid up to date. On September 16, 1994, Mr. Bellamente and I were both injured in an accident while in the aforementioned vehicle. As we were turning into our driveway we were struck in the rear. All appropriate filings and reports were made in a timely way. Although we were both injured in this accident, here, it is my own injuries and subsequent ill treatment and the lack of treatment about which I complain. At the time of the accident of September 16, 1994, I was sufficiently concerned with Mr. Bellamente's disorientation, nausea, and pain, that I immediately called the Ridgefield Park Police, and Mr. Bellamente was taken by ambulance to Holy Name Hospital with nausea, disorientation and severe pain in his neck and back. I followed the ambulance to the hospital and remained while he was treated. When he was released I drove him home. It was only later when he was resting that it became apparent that I also was not as well off as I thought. During the night, the pains of neck, back and right shoulder became quite intense and sleep disturbing. On waking in the morning, I could scarcely get out of bed, and saw My chiropractor Dr. Peter N. Boulukos. Since it has been my custom for a good many years to keep myself in shape through regular cardiovascular workouts and weight training, it was also my custom as it is with many other weight training people, to have periodic tune up adjustments by a good chiropractor. I managed to get to my chiropractor Dr. Boulukos' office that very day, September 17, 1995, at which time he took a complete spinal x-ray series. These demonstrated a reversal of curvature in the neck, and a rather disturbing series of subluxations that made the lumbar spine look like a step-ladder. Neither one of these configurations was present in the preliminary spinal x-rays that Dr. Boulukos takes with any new patient, when I first saw him back in the '80s. I have not been in any automobile accident or had any other kind of traumatic injury in well over 30 years. My blood pressure at the time before the accident was consistently in the 120/80 range with the low pulse rate of someone who exercises regularly. Chiropractic care seemed the most reasonable and conservative course of treatment at the time. I saw Dr. Boulukos three to four times a week, and although the progressive recovery was slow and with fluctuations, it was real. The slowness of the recovery was undoubtedly due to the fact that my partner, Mr. Bellamente, and I both ran a new retail business, a video store and were both damaged in the aforementioned accident. Staying home, staying in bed were not options. Wearing a wide 6" weightlifting belt cinched very tightly allowed me walk almost like a human being, and therefore to walk to and stay at the store for a few hours at a time. The pain, however, was completely continuous. I also had a computer software and consulting business. Once again, "calling in sick" was not an option. Ultimately I had to abandon the computer work, while Mr. Bellamente and I struggled to maintain the video business. On February 15, 1995, I was examined, in accordance with an IME demand by State Farm, by Dr. James F. Linder. His report was received by State Farm according to their stamp, on February 21, 1995. I received a letter, dated April 28, 1995, 71 days after the examination, and signed by Jane Savastano claims specialist for State Farm, which referenced and enclosed a copy of Dr. Linder's report, which is in my possession and the possession of my attorney. The letter from State Farm also states: "We will be requesting another independent exam shortly, regarding your treatment." I quote Dr. Linder's diagnoses contained In his report, dated February 16, 1995: 1) Cervical Whiplash Injury with Chronic Cervical Sprain/Strain 2) Myofascial Pain Syndrome - Cervical 3) Muscle Tension Headaches secondary to #2 4) Lumbar Sprain/Strain 5) Myofascial Pain Syndrome - Lumbar 6) Lumbar Instability In his report, Dr. Linder States further: "The opinions expressed in this report are based upon the history of the injury as presented by the patient, the patient's medical history and examination findings and a review of the x-rays presented by the patient. "Mr Hammel is currently experiencing the residuals of a posttraumatic injury to the neck and back which are causally related to the motor vehicle accident which occurred on 9/16/94. It is my professional opinion that Mr. Hammel would benefit from an additional 8 weeks of care at a frequency of 2/week at which time the patient should be re-evaluated. In addition to chiropractic manipulation and appropriate physical therapy modalities when necessary, his treatment program should include stretching exercises for the involved cervical and lumbar musculature, along with cervical and lumbar stabilization exercises." On May 3, 1995, I was once again examined, in accordance with an IME demand by State Farm, by Dr. James F. Linder. His report was received by State Farm according to their stamp on May 17, 1995. I received a letter dated July 27, 1995, enclosing a copy of Dr. Linder's second report dated May 3, 1995, which is in my possession and the possession of our attorney. The second paragraph of this letter from State Farm signed by Jane Savastano states in its entirety: "In the doctor's opinion, no further treatment is necessary as a result of your September 16, 1994 accident. We will be unable to consider any further expenses after July 26, 1995. If there are any unpaid bills, please send them to me for consideration of payment." THIS OPINION WAS IN NO WAY, NOR AT AT ANY PLACE, STATED OR IMPLIED IN DR. LINDER'S REPORT! The letter written and signed by Jane Savastano, which I have in my possession and which is in the possession of our attorney, was a lie. In fact, the section of his report entitled, PRESENT DIAGNOSTIC IMPRESSION (May 3, 1995), reads in its entirety: 1) Cervical Whiplash Injury Chronic Cervical Sprain/Strain 2) Cervical Spondylosis with Central Canal and Right Lateral Recess Stenosis C4-C5, C5-C6, and C6-C7 3) Myofascial Pain Syndrome - Cervical 4) Chronic Low Back Pain Secondary to Ligamentous Instability and aggravated by the Motor Vehicle Accident 5) Lumbar Spondylosis with Posterior Disc Bulging and Likely small Disc Herniation at L5-S1 and Diffuse Disc Bulge at L2-L3 through L4-L5 with Borderline Central Canal Stenosis at L2-L3. 6) Myofascial Pain Syndrome - Lumbar 7) Right A/C Degenerative Changes - Rule out Impingement Syndrome Furthermore Dr. Linder's following and terminal DISCUSSION section, in which he states his true opinions, I will also quote in its entirety: "The opinions expressed in this report are based upon the history of the injury as presented by the patient, the patient's medical history and examination findings and a review of the radiographs presented by the patient. Mr. Hammel has indicated that there continues to be improvement with an overall decrease in the scope, intensity and frequency of his and back pain, but that there has been an increase in the pain in the right shoulder. It is my opinion that Mr. Hammel would continue to benefit from additional care at a frequency of no more than 2 time a week for 6 weeks and once a week for 6 weeks. The patient has indicated that he has been placed on a very limited exercise program consisting of some lumbar stretching exercises. The exercise program should be expanded to include stabilization exercises for both the lumbar and cervical spine regions. "In addition, I would reccommend [sic] that Mr. Hammel undergo an orthopedic evaluation to rule out an impingement syndrome and to assess whether this condition is related to the motor vehicle accident in question or whether there was pre-existing pathology which is contributing to the dysfunction." Before the first examination by Dr. Linder, I had not known, nor known of Dr. Linder, nor met, nor ever seen him. I emphasize that I had, and continued to have no problems or disagreements with Dr. Linder personally, nor with either of his thoroughly professional examinations, nor with either of his thoroughly professional reports. I called Jane Savastano at 1:55 PM on Monday July 31, 1995, in order to discuss the contradiction in her letter dated July 27, 1995 of Dr. Linder's May 3rd report. She was, of course, not available, and I received no callback. I called again at 2:30 PM the same day and received no callback. I called again somewhere before 3:40 PM, making it perfectly clear that I was going to make an extreme pest of myself until I spoke with her. She spoke with me, and I explained the ridiculousness of the letter. She said not to worry that it was just a formality and didn't mean anything. This was also clearly a lie, since NOTHING, to my knowledge, has been paid by State Farm since. Dr. Boulukos, Dr. Kluger, Dr. Schmaus, Dr. Sender and Dr. Savatsky, out of kindness and professional concern, have still given me medical attention despite State Farm's intentional and premeditated delinquency and dishonesty. I seek payment to these people for their medical services together with the interest that is due them by law. Since the time of the benefit denial letter (July 26 1995), I continue to have incapacitating episodes of severe back and neck pain and spasm. The shoulder inflammation, as it turns out of the rotator cuff, has flared up so severely that it, caused many sleepless nights and took many weeks of high doses of anaprox (sodium naprocyn) to bring it under control. I still have a residual malfunction of the shoulder, which has been diagnosed by both Dr. Peter H. Schmaus and Dr. Gary Savatsky as frozen shoulder syndrome, the result of tendonitis caused by the accident of September 16, 1994, for which they have both given me prescriptions, which are in my possession and in the possession of our attorney, for physical therapy. I have not been able to obtain this needed therapy which was also indicated as necessary by Dr. Linder, State Farm's own examiner as well as by Dr. Schmaus and Dr. Savatsky. Since State Farm continues to deny me any benefits whatsoever, with not one shred of evidence of any kind that denial is appropriate, I still suffer with a malfunctioning shoulder. I still suffer from lumber and cervical malfunction, which slowly, however, continues to improve, as a consequence of Dr. Boulukos' treatment, for which he has not been paid, by State Farm. The amount of time, energy, expense and effort that has been expended by Mr. Bellamente, Dr. Boulukos, Dr. Schmaus, and myself, in attempting to induce State Farm to recognize and rectify its own self-contradiction and to perform its contractual duties has been prodigious. All such attempts have been met with lies, evasiveness, avoidance and complete intransigence. I have repeatedly pointed out that Dr. Linder's second report contains no reason whatever for denial of benefits, to no avail. I still continue treatments with Dr. Boulukos because they are still necessary. Letters and phone calls to State Farm by me, by Mr. Bellamente and by Dr. Boulukos have produced no response. Letters sent to State Farm have consistently been lost or misplaced, or "not received", or simply ignored. Phone calls to "Claims Specialists" produce no return calls. A claim file, or so I am told by the Claims Specialists, and/or there assistants and/or secretaries, apparently requires days going into weeks, to find or retrieve. My credulity fails on this point. The person whose name is on any correspondence is always, on another line, not at her desk, not available, at a meeting, not in for the day, or has just left. Repeated attempts at contact simply resulted in surly and/or downright rude responses from various secretaries and/or assistants. State Farm has either been totally silent or simply issued edicts and commands consistent with the high commands of an irresponsible fascist bureaucracy. and has been otherwise consistently inaccessible and evasive with any attempt to counter their assertions and denial of benefits. It is clear at this point that this intransigence must be dealt with through some other channel. It is clear that I am not dealing with some oversight or some excusable failure to act in a timely way. With State Farm, I am dealing with, at very least, negligent and intentional fraud, to deny me the P.I.P. benefits that we have paid for. It is also clear that this fraud is conspiratorial in nature, and most probably rampant. Further indication of this is the following: Apparently, finally realizing that they had no grounds for their arbitrary decision to deny benefits, they decided to provide some. In a letter from State Farm dated September 21 1995, and signed by Idiana Murray, another "Claim Specialist", another demand was made for an other allegedly independent medical examination, this time with one Dr. Harry Merliss of Hackensack. I decided to make extensive investigation that would be statistically significant (I am a mathematician among other things) of the qualifications and reputation of Dr. Merliss among medical professionals. It seems that every healthcare professional I spoke with had heard of Dr. Merliss. The comments, all beginning with a chuckle, ranged from "a favorite of the insurance companies", through various horror stories, to "old Harry would say you were fine if you had no heartbeat", and "even judges laugh at that one". All responses concerning Dr. Merliss were of the same kind, with not one response contradicting the uniform consensus. On the basis of this consensus, I believe that State Farm, its agents, servants and/or employees knew, or certainly should have known of Dr. Merliss' reputation; and I further believe that he was selected as examiner precisely for his reputation, and that his reputation was based on his actions in the past. The obvious intent of State Farm, its agents, servants and/or employees is then to obtain a medical opinion upon which a continued fraud might be based and continued. Upon receipt of Idiana Murray's letter, I immediately called and wrote State Farm and told them that Dr. Merliss was unacceptable as an examiner. (I maintain phone log documentation.) When I called Idiana Murray on this matter, she was, of course, very busy, and I elected to speak with her assistant. I was told by her rather insolent assistant that, "We decide who is acceptable." My response was, "That may be but it is our legal right to refuse this particular examiner." To which she responded, "I'm not here to argue with you." Then she hung up. This was on October 18, 1995. But for another failed attempt at telephonic communication on October 20, 1995 that was my last phone contact with anyone at State Farm. To date we have not been contacted in any way by State Farm regarding any future examinations. Of course, no bills have been paid, including those from before the date of denial. Payments for medications have had to come out of our own rapidly diminishing resources, the continuing diminishment being caused by arbitrary denial of benefits and malicious fraud by State Farm. Mr. Bellamente and I both work at the same business, a video store which has now, as a consequence of State Farm's fraud become our only source of income, and due to the rather sick games being played by State Farm Insurance, its agents, servants and/or employees. We must both work somehow or starve, and decide on the basis of who hurts the least at any given moment. Even further, to deal almost every day with the consequences of this fraud, has caused us on numerous days to abandon the store, for an entire day or part of a day for medical, psychological, and legal help as well as having to take the time and expend the energy to prepare and assemble documents such at this. This drain on our combined time and energy, at a time when it can be least afforded, continues, to this moment, to destroy our now only, and insufficient, source of income. The financial damages caused by malicious fraud of State Farm, continue to accumulate. The multitudinous damages, psychological, emotional, physical, and financial all worsening as a consequence of this fraud have become intolerable. The additional drain necessitated by having to respond continuously to the damages and the fraud, as well as the stress level caused by not being able or even, permitted by State Farm, to address it all has become intolerable. Additionally, I now suffer psychological problems, completely new to me, as a direct result of the harassment, fraud, larceny and their deliberate actions the perpetuate and aggravate the already existing physical damage. The psychological problems caused by State Farm have further caused more life threatening physical problems, which I elaborate on below and further caused enough financial problems to result in imminent financial destruction. I am currently, and for the first time in my life, under the care of a psychotherapist, having to take anxiolytics and antidepressants to maintain my sanity. Neither Mr. Bellamente nor I am able to maintain order in business, home, what remains of personal life and mind. Though we are friends of long standing, we are scarcely able to be of assistance to each other. We do not and cannot manage to cook or clean, because of the drain on us and damage done to us. A nutritionist would gasp at our supposed diet, which consists almost totally of deli' food, sandwiches and various fatty salads. A consequence once again of having neither time nor energy to do otherwise, and the board of health would probably condemn our quarters. My customary exercise program has been made impossible by State Farm's harassment, negligence and fraud. If the necessary and appropriate medical care were provided, according to contract, by State Farm, instead of the harassment and fraud that was, in fact, perpetrated, and continues to be perpetrated, the numerous damages and destruction that has been wrought would not have occurred. Being quite aware of my overall damaged and precarious condition caused by the accident of September 16, 1995 and the various synergistic damages caused by the fraudulent behavior of State Farm, its agents, servants and/or employees I made an appointment to see my internist. On that appointed visit, November 6, 1995 to Paul S. Sender, M.D., my internist of about 12 years, who prescribes for me, his standard taking of my blood pressure showed a blood pressure of 160/80 and a pulse significantly more rapid than usual. He has monitored my blood pressure and pulse over these 12 years and knows that is not normal for me. He was sufficiently concerned about my current psychophysical state that he ordered a blood workup which was performed at 1:00 PM November 13, 1995 by Corning Metpath and an EKG, that was performed immediately. In view of my general precarious state caused by State Farm, I was also given influenza vaccine. In agreement with with my psychotherapist, Dr. Kluger, Dr. Sender immediately prescribed an anxiolytic and antidepressant, copies of which are in my possession and in the possession of our attorney. The EKG unfortunately showed a change from my usual baseline EKG that indicating a diagnosis of a silent heart attack. The Blood work report which I have in my possession and is in the possession of our attorney, showed serum lipid values all dangerously above the established reference ranges. The overall conclusion of the blood report signed by: Raymond Gambino, M.D., Joseph E. O'Brien, M.D., Paul A. Krieger, M.D. Kim Lamon, M.D., and Sherif Nasr, M.D. concludes: "THIS PATIENT'S SCORE IS ASSOCIATED WITH THE HIGHEST CORONARY HEART DISEASE RISK." Dr. Sender has also prescribed medications to lower the serum lipid score, particularly the very high cholesterol level. I was, of course, horrified, but not completely surprised by these revelations. If State Farm, its agents, servants and/or employees can keep up their good work, then perhaps they will not have to pay anything, since certainly, they will surely attempt to claim, my death by cardiac arrest cannot be accident related. Psychotherapy and psychotropics notwithstanding, I have now become devoid of all patience with this perfectly calculated evil and will very soon become devoid of all civility if these murderous and thieving troglodytes are not stopped and subjected to the most appropriately severe punishment. I am, therefore, accusing State Farm Insurance Companies: State Farm Indemnity, their agents, servants and/or employees, of: 1) Intentional, premeditated and calculated Fraud; 2) Intentional, premeditated and calculated Breech of contract; 3) Reckless endangerment of my life and limb; 4) Premeditated and intentional calculated damage including that of possible death; 5) Intentional, premeditated and negligent infliction of irreparable physical damage; 6) Intentional, premeditated and negligent infliction, over a long period of time, of severe mental distress and harassment, to an extent that requires my treatment and medication by a physician, a psychotherapist; and 7) Intentional, premeditated and negligent infliction of annihilating financial damage; as well as 8) Violations of the Fair Claims Act. ___________________________________ ___________________________________ Dr. William C. Hammel Notary Public DAMAGES TO DR. WILLIAM C. HAMMEL IN COMPLAINT AGAINST STATE FARM INSURANCE COMPANIES: STATE FARM INDEMNITY COMPANY, IT AGENTS, SERVANTS AND/OR EMPLOYEES. Whenever "State Farm" is used it will mean "State Farm Insurance Companies: State Farm Indemnity Company, their agents, servants and/or employees." I suffer continued impairment of R. Shoulder, 20 to 30 degrees loss of ranges of motion, for which physical therapy has been prescribed by both Dr. Schmaus and Dr. Savatsky, and denied by State Farm. I suffer persisting damage to rotator cuff of R. shoulder, where use causes severe and painful tenosynovitis that can only be treated with high doses of prescribed powerful anti-inflammatories whose long term use is known to cause gastrointestinal, liver and kidney damage. I suffer maliciously intentional and negligent infliction by State Farm and specifically by their agents, servants and/or employees Jane Savastano, and Idiana Murray, of mental distress, insomnia, depression and anxiety so as to require treatment by a psychologist and a physician. The emotional and psychological damages are severe enough to demand prescribed medication in the form antidepressants and anxiolytics the long term effects of which are unknown. I hold State Farm wholly responsible for residuals and/or sequelae from the use of the potent medications that I have had to be given because of its fraud and the consequences thereof. The source of these emotional and psychological damages being unwarranted denial of benefits, their avoidance and evasiveness with regard to my legitimate claims, the arrogance and surliness of their assistants and/or secretaries, their mendaciousness, and total lack of response to logic and empirical evidence of any nature. A further source of these emotional and psychological damages being a protraction of recovery period for physical damages sustained in the accident of September 16, 1994, inability to work and therefore loss of income from my work as systems analyst, computer programmer and consultant. A further source of these emotional and psychological damages being that I work in pain an restriction in work at the one source of insufficient income that I have left, a video business, which I will have to sell at a loss. A further source of these emotional and psychological damages being that I work and live with Mr. Alan J. Bellamente who was also severely injured in the accident of September 16, 1994, and who has become as unable to maintain house and life as I, and who has also been unwarrantedly denied benefits by State Farm, and the two people named above. I see him deteriorate mentally and physically more every day. I have filed a complaint on his behalf because he is presently not able to do so himself. I suffer the physical damage of a significant rise in my normal blood pressure from 120/80 to 140/80, and a cardiogram that my internist Dr. Paul Sender diagnosis as the result of an occurrence of a silent heart attack, for which I blame State Farm. My previous cardiograms showed no such anomalies. I suffer financial damage from my inability to maintain physically and mentally my business as computer consultant at all, resulting in complete loss of income from that source. I suffer financial damage from my inability to maintain, physically and mentally, my retail business, and the consequent necessity of selling it quickly and at a considerable loss. I suffer financial and personal damage from my inability to maintain my place of residence in the State of New Jersey, and emotionally, from my dependence on a friend to provide me with a place to live. I demand immediate reinstatement of P.I.P. benefits, according to contract and the Fair Claims Act. I demand compensation, beyond and excluding P.I.P. benefits, for all damages already caused by the unwarranted and fraudulent actions State Farm, and all consequences thereof, past, present, and future, and that State Farm cease any and all perpetration of further fraud and damage immediately. DAMAGES DIRECTLY CAUSED BY THE FRAUDULENCE OF STATE FARM: Damages Incurred by any malfeasances or civil actions due to my state of mind caused by mental, physical, emotional and financial abuses of State Farm $ (unknown) Loss of Income from Retail business $ 7000.00 Loss of Business and Good Will, and therefore the value of the business caused by closing of business in order to address the fraudulence of State Farm $ 20000.00 Capital Loss from Sale of Retail Business $ 70000.00 Loss of Earnings as Computer Consultant, Analyst and Programmer $ 15000.00 Loss of Equity in Partially Restored Antique Mercedes Benz from forced liquidation $ 11000.00 Cost of Relocation $ 5000.00 Professional Services incurred by the fraudulence of State Farm $ 2500.00 Subtotal: $130500.00 I further demand that all future "Independent" Medical Examinations be mutually agreed upon, *truly* independent, and not fraudulent farces. OUT OF POCKET EXPENSES RELATED TO THE ACCIDENT AND TO THE FRAUD OF STATE FARM: Prescribed Medications: $ 290.55 Subtotal: $ 290.55 UNPAID MEDICAL BILLS: Teaneck Radiology $ 902.00 Dr. Peter N. Boulukos $ 2565.00 Dr. Peter H. Schmaus $ 321.00 Dr. Gary Savatsky $ 150.00* Dr. Albert Stabile $ 180.00 Dr. Paul S. Sender $ 250.00* Dr. Martin A. Kluger $ 680.00* Subtotal: $ 4048.00 Subtotal: $ 4338.55 TOTAL: $135129.10 + * Not immediately available, and estimated I am demanding that these bills be paid according to contract together with the interest that is due according to law. I further demand compensation for the damages done me by the intentional, negligent and malicious fraud perpetrated by State Farm. ___________________________________ ___________________________________ Dr. William C. Hammel Notary Public
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