TriMet sues to get back mistaken $3,150 payout to MAX operator
"Four years after mistakenly sending a $3,150 check to a MAX train operator, the regional transit agency still wants its money back.
And Phillip X. Emerson still won't return it.
TriMet is now suing Emerson for the money it says he was never "legally entitled to."
Emerson -- who has worked for TriMet for 21 years and still has his job -- told The Oregonian/OregonLive that he kept the money because the agency owed it to him -- plus a lot more -- for a worker's compensation claim over torn rotator cuffs in both of his shoulders.
Read more here:
Workers Comp is a MAJOR issue for Trimet employees as well as the Agency. They don't wanna acknowledge job related injuries because 1.) they believe all workers are liars, cheats and thieves and 2.) they don't wanna be accountable for safety related issues.
A good reporter could probably gain access to public record documents, perhaps through Trimet and or the State. Obviously, Doctor / patient confidentiality laws exist but public record documents exist as well, more specifically with statistics defining the injury, what caused it and the number of employees affected. I know the Union has access to these numbers as well which they were able to use on my behalf years ago when I sued TM.
Rotator cuff injuries are common. One of my friends had to go back for several surgeries. Both shoulders. He was front ended, true story and the Company came down on him to the degree that his workplace became hostile.
Shoulder injuries are common, particularly among short Operators. I had a right shoulder replacement in 2009. The steering wheel is up high, I sit low and it eventually grinded the cartilage away. I was off work for 8 months. They actually threatened me with AWOL if I didn't return before the Dr. released me, then fought and denied my claim. The Industry continues to manufacture Buses for large tall men. And Trimet continues to purchase them.
Operators 'bottom out' in their seats. Old worn out seats that needed replacing years ago and they're left without a back, without a job and tons of medical for the rest of their life.
The Emergency Brake is another problem. It's situated left of the Operator sometimes below, sometimes in odd positions depending on the manufacturer. It was a problem for me in the newer Buses because it was set so tight. Many times I thought my thumb, fingers and or shoulder was gonna come out of its socket. I wrote tons of work cards but they were never addressed and it was never repaired. The brake is used whenever the Bus is stopped or when the door is open.
There's the whole safety issue regarding assaults, including being spit and coughed on by angry sickly customers. Plus the extreme hostile, bullying environment workers are subjected to by management. The job is psychological. You get abused by the public and the Agency and yet must remain focused at all times while Operating the Bus. Management will mandate you into a meeting, make false accusations or threaten to terminate you, then expect you to Operate a 20,000 ton Bus on the streets as if nothing happened. When something horrendous happens as a result, they deny your W/C claim.
An Assistant Manager told me the agency stopped approving Workers Comp claims unless it was caught on video. There are other injuries that occur like what feels like a thousand pound motorized scooter running over your foot as you're attempting to secure it. Or slipping on ice in the yard during winter months. On the older buses the vent over the Operators head is full of mold and can't be cleaned. Sometimes events such as these aren't caught on video. Operators face a multitude of repetitive injuries because what we do for a living, is repetitive. Carpel tunnel's common. Constant mirror checks every 6 to 8 seconds throughout your shift, year after year, swerving your neck back and forth, up and down from one side of the bus to the other, trying to look past, under and around huge misplaced mirrors and barriers. They're blind spots. NOT vision barriers but blind spots! And Trimet refuses to move them up, even in light of the Sandi Day accident years ago. They refuse to learn from their mistakes. Arthritis in the neck is common. How would you "catch 'that' on video"?
Repetitive injuries used to be on the list of Workers Comp claims. The State stopped it sometime back. Each job is different. They should have a list of injuries relating to job descriptions particularly if it's something that injures employees on a regular basis.
They retaliated against Leonard James without mercy. He was the Operator who was stabbed, nearly to death. He was having serious medical problems as a result, having to take time off work for hospitalizations, etc. Blood clots in his legs and stomach problems, serious life threatening incidents. Retaliatory acts against him were continuous and inhumane.Talk about being bullied!! They tried to force him out!! Kept mandating him into meetings treating him like shit then expected him to Operate a Bus. When Bruce Hansen was President of ATU, he secretly showed up at one of the meetings and broke Evelyn Warren's (Center Garage Manager) wrath. That was the last time she attacked Leonard's humanity. They apparently didn't like that he continued to suffer as a result of the attack.
As far as safety issues they exist in virtually every department. Office workers, mechanics, Bus and Max... The amount of claims denied regularly must be horrendous.
These are severe job related injuries that Trimet and their Insurer ignore. And with each Union contract, they're refusing to provide decent healthcare. As a retiree, I have all sorts of problems now because of driving inadequate and unsafe equipment for nearly 23 years. It's taking my pension and savings.
John Free, the guy who was in charge of in-house Workers Comp for years denied claims to employees at times based on race, ethnicity, sexual orientation, etc. A couple sued. I was one of 'em. When I sued he was the Garage Manager - and he was 'hating' back then. But haters gonna hate. The Agency (HR) knew but looked the other way. They protect their managers from the workers which is a contradiction of their own respectful workplace policies as well as Federal and State discrimination laws. A person of color was denied w/c, sued and won. Others quit or become 'invisible' because of the velocity of hatred that comes back at you. Retaliation - the one thing Trimet excels at. For some the battle's not worth the fight. but the Agency doesn't care, won't change the way they do business. It appears there are no moral or ethical values for those in power. They're not transparent or accountable as required of other Public Agencies. There's no oversight, which was proven in 2014 when then Secretary of State, Kate Brown did her "top to bottom audit". She ended it after 6 months saying they had run out of money for the project and that she couldn't really tell Trimet how they should conduct business - only suggest.
From the article, "Mary Fetsch, a TriMet spokeswoman, said she couldn't comment about the specifics of the lawsuit, which was filed this month in Multnomah County Circuit Court. She did say, however, that TriMet is trying to get back public money that accidentally ended up in Emerson's hands."
If they're so damned concerned about "public money" ending up in the wrong hands, why are Neil McFarlane, Randy Stedman, Shelly Lomax, Harry Saporta, Jay Jackson, etc still there?!!
Jay Jackson, btw (according to ATU Union President Shirley Block) secretly audio/video records workers), which is illegal.
The job is psychological. You get beaten up by the public and the Agency. Mr. Emerson's lawsuit is something that I hope leads to a government investigation of Trimet, their insurer, and their bought and paid for IME.
js...
source: Accidents in the Workplace - 1971
