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The Aftermath Of Carnage From Independent Staffing Solutions
By Pauline Grant - July 16, 2008

In the Summer of 2007, Independent Staffing Solutions, the supposed Fort Independence Tribe's "Indian" alternative to California Workers' Compensation insurance, picked up stakes and abandoned claimants all over California.  Folded.  Into bankruptcy.  But hopefully not into obscurity.

What is the state of California doing about the plethora of abandoned claims left by the debacle of Independent Staffing Solutions, headed up by Greg Chmielewski and his gang? Not much, according to many applicants' attorneys who ponder over an insurance program that never stuck around to see the maturity of any of the claims presented by their short term clients.  It's still mostly only the applicants' attorneys--even a full year later--who are buzzing with this question and more as they try to find solutions for their beleaguered injured worker clients.

According to Sheldon Singer, a Los Angeles area attorney, "The state dropped the ball." Singer is representing the Palm Court Apartments in a case where a roofer named Angel Polino fell off a roof of the Palm Court Apartments in July of 2005 and died a month later in a coma.  The hospital bill alone was approximately $350,000.00. It was the roofing contractor named Lewis & Sons that was insured by Independent Staffing Solutions (ISS), which has now left the dependents of Angel Polino with no survivors' death benefits. "The Indians ran," Singer expressed, "and these Indians have been getting away with this kind of thing for too long."

Lewis & Sons had hired a subcontractor named Frank Garcia, who turned out to have no insurance.  Polino is said to have worked directly for Garcia.  Garcia is being represented by attorney Frank Skawin in Newport Beach. Skawin did not return this reporter's calls.  According to Singer again, the Angel Polino death was investigated by OSHA.  Singer shared with this writer three phone numbers connected to the OSHA investigator, Patrick McDonagh, who investigated the Polino incident. The first number when dialed reached someone else's private residence.  The second number rendered a fax screach.  And the third number played a disconnected number recording. 

Adam Vogt, attorney, represents a claimant of ISS, Cornelio Hurtado, who fell off a roof on June 5, 2006 while working for Cal State Roofing in the Sacramento area.  Hurtado fractured both feet, and now has back problems.  AS&G Claims Administration, Inc. (the TPA for ISS) covered the surgery, and paid some temporary disability.  But all payments stopped in July of 2007 when Wanda Browning, the President of AS&G sent a letter to Greg Chmielewski stating she would no longer pay his claims.  So Hurtado was told to go back to ISS.  Now the attorney for Cal State Roofing tells Vogt that Cal State has some sort of coverage through State Compensation Insurance Fund.  But Vogt admits he thinks that attorney "is blowing smoke."  The claim has also been sent to the Uninsured Employers' Fund, but answers are still pending.  Thus, Vogt, to date, can't get any real answers.

Howard May, a San Jose lawyer, has a client with a shoulder injury.  This claimant worked for Just Leaks, Inc. which was insured by Independent Staffing Solutions.  Now, Just Leaks' attorney has recommended to its client that it pay all the medical treatment and the temporary disability for May's client.  Thus, May has served Just Leaks with an application and a special claim.  But the Just Leaks' lawyer has not acknowledged receipt, as yet.  There's some kind of a state rule that expresses that before the Uninsured Employers' Fund can be joined, the employer has to be served.  So, May and his client are still in limbo. 

To put it mildly, there's a lot of limbo going on.  Other attorneys have been called and have not, as yet, returned adjustercom.com's calls.  But, more case studies are being pursued and more lawyers are being called.  As it turns out, only the attorneys have called back or even answered their phones.  All the ISS clients that have been called during the past four to six weeks have not returned calls.  Also, AS&G Claims Administration, Inc. President Wanda Browning was called twice, but did not return calls.

The former claims manager of Independent Staffing Solutions has been located and contacted.  She has agreed to talk to adjustercom.com for this article series.  Thus, her testimony will be forthcoming.  So, stay tuned.

(This is the second in a recent set of articles about Independent Staffing Solutions.  This series will continue.)

 
 

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