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Thursday, January 13, 2011

It's a "No-Brainer" Folks...

I've finally had enough folks.  I should have done this long ago as some may say, but I did the other day.  I cracked off a couple nice letters to Senators Debbie Stabenow and Carl Levin.


Stabenow likes Boilermaker's political clout.


Dear Senator Stabenow,


My name is James McDonnell but I am known to friends and family as “Mike” (middle name). I am writing this letter in regards to an ongoing legal matter I have. Let me give you a bit of my background. 


I started my career as a union Boilermaker (Local 169) in late 1999 and I became an apprentice in May 2000. I had very good work ethics and excelled in the trade very early in my apprenticeship. My ultimate goal as a Boilermaker was to become involved in the political aspect of the union. I was a second generation Boilermaker and my father James L (ret.) was also involved in the Political Action Committee. I loved every aspect of the Boilermaker trade and I loved getting up for work. 


On October 15, 2002, myself and another young man were burned by steam while working in confined space at Rouge Steel’s B-furnace Bomco tower. MIOSHA later deemed the area we worked in “confined space” but at the time of the accident it wasn’t. For about 20 seconds, myself and Steven Ford were sprayed with scalding hot water with no possible escape from the spray. 

I was conscious and able to help Steven Ford out of the vessel. He was in shock and his skin was peeling all over his body. I helped him out of the vessel and sat down with him until paramedics could get up to us. Both of us were life flighted to the University of Michigan Trauma, Burn unit. I was medically induced into a coma for ten days. 


When I was taken out of the coma I was informed that Steven had passed away due to the extent of his injury. His body was burned at a total of 98%, third degree. I was burned a total of 40%, third degree. I spent almost 6 weeks at the university hospital before coming home. 


Over the years I’ve had a total of 12 surgeries as a result of the accident, and I am still under the care of five different doctors. The burns have left my legs, lower torso, and both hands badly disfigured: I have also lost part of my pinky and ring fingers on my right hand. 


For over 8 years I have had a lawsuit against Rouge Steel. It has went nowhere in the time it’s been in the court system. In September the judge hearing my case (Murphy) had scheduled a mandatory facilitation meeting with the contractors, Rouge Steel, insurance companies, myself and Steven Ford’s family: the facilitation was unsuccessful because the insurance companies/contractors are still fighting over whose fault the accident was. There was a hearing scheduled to set a trial date on October 7, 2010 if the facilitation was unsuccessful. 


The October 7, 2010 date was adjourned until December 14, 2010. The December 14th date was adjourned until February 17, 2011. This has been a perpetual cycle since the accident. As history has proved, I can assume that come February 17, 2011 that date will be adjourned. Our lawyers were notified of the adjournments via emails the day before the hearing date in each instance. 


I also have an ongoing worker’s compensation case in which I am treated as if I have an illegitimate claim. That is a whole other headache/entity in itself. My main concern is getting the third party suit settled so that I can move on with my life. I live with my parents because my girlfriend and I of seven years split and I don’t have the income to afford a place on my own. I don’t have any health insurance because I was denied Social Security disability four years ago when I applied. My problems only seem to compound because of my situation and at any given moment worker’s compensation could decide to play games with my wages as they have done several times in the past. 


The court system and insurance companies are making a mockery of my life and Steven Ford’s family. I have contacted the media in the past but their reply was that there are lawyers involved so they won’t touch the story. 


For 8 years I have not been able to make any concrete plans for mine or my children’s future. I feel very betrayed by the court system and their only solution is an adjournment. Every time this case is adjourned, it causes more emotional stress on both families involved. All we are asking for a trial date at the very least but we can’t even get that. All parties involved are ready for trial; all depositions had been taken prior to the September 14th facilitation. 


The case is cut and dried, black and white: the case is a no brainer when it comes to who is at fault. Rouge Steel clearly circumvented normal operating procedures the day I was injured and now they are using the court system to circumvent a resolution in the matter. It is a disappointment to me and a big disservice to my daughters. Rouge Steel Industries robbed me of my livelihood and my successful career as a Boilermaker, now they are robbing me of any kind of quality of life under the guise of the court system.


Thank you for taking the time to read my letter. If there is any way you could help to see that we get our trial date, and not another adjournment, it would be greatly appreciated by myself and Steven Ford’s family. If you have any questions feel free to contact me. 


Regards, 



It really is a no-brainer case.  I do my homework when it comes to court cases and I stay on top of politics as in whose going to help or hurt my case.  

Back some years ago I applied for Social Security Disability but I wasn't disabled enough and spoke perfect English.  The Irony of that!  Dirty Cockaroaches!

I know how the system works people.  I've been through it long enough.  Over the years I've helped three people get social security disability, they rightfully earned it...well the third one is in the bag, just awaiting approval.  

I helped my dad get SSD he was 60 at the time and had lymphoma and lung cancer.  He was a retired Boilermaker drawing a pension and had health insurance.  They retro paid him from the date of his diagnosis.

That was a no-brainer!

I helped some friends of the family get SSD.  Both husband and wife retired, both have had long term medical conditions but didn't meet age requirements...they were just a few years shy.

The male had an old war wound which cause non-diabetic neuropathy (oddly enough, the same condition I have from the burns)It causes numbness and tingling in the lower back and legs, there is no cure when you're not even a diabetic.

Both he and my father served in Vietnam when they were teenagers.  I checked into some conditions for getting a Veteran's disability.  Well by golly: lymphoma, lung cancer, and neuropathy are all on the list of disabilities for the V.A. and social security too.

The man's wife is retired from local school district.  She's had problems with her shoulder thus the reason for retirement but she had enough time to retire with the school anyhow. 

I applied for the couple's social security disability benefits in late July, the wife was awarded her disability a month or so ago.  She rightfully had it coming.  Her husband's should be coming soon.

All three cases were no-brainers!  

If a guy like me with no formal law education than from being in the system most of my life can solve cases and have judgments awarded to rightfully deserving people...

Then what's the catch with my case?  It's a no-brainer to everyone one else.


Well see how long it is to hear back from my signed letters to the Senators, and see if a trial date is set on February 17, 2011.  




Caio!

AND HAPPY 30TH TO MY SISTER ANGIE!!!!!

5 comments:

  1. Wow! The family of the man who died hasn't received their money either?!?! That is wrong on so many levels!! I hope your letter does some good! Keep us posted!

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  2. Mike, about calling the news.........maybe if you call them and have every person who knows and cares about this case bombard the media, we can get them to contact Stabenow on your behalf?? it might be worth a shot, set-up a date for people to call on your behalf?? whatcha think?

    angela

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  3. Lisa Plasky - not afraid to not be anonymousFebruary 16, 2011 at 4:14 AM

    Well just call Rob Wolchek from Fox 2 News Problem Solvers. He got involved and did a story in a stalking matter where lawyers are involved and the cases are still in court. That didn't stop him.

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  4. I am supposed to be settling my comp this week and my February 17th court date is still a go as of now to set a trial date. I think it will happen this time.

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