News News Archive Email A Friend April 25, 2024 California Department of Industrial Relations and Cal/OSHA Will Honor Workers’ Memorial Day at Four Events in California on April 28th-29th 2024. Cal/OSHA Joining Partners in Arcadia, Richmond, San Diego and San Francisco. April 23, 2024 California Division of Workers' Compensation Launches Online Portal for Submission of QME Medical-Legal Reports April 22, 2024 California Division of Workers’ Compensation Posts Updated Time of Hire Notice April 22, 2024 Sullivan on Comp Launches ChatSOC. It's an Innovative Chatbot for California Workers' Compensation Professionals Integrated with an Authoritative Legal Treatise
| | WC Attorney’s War of Words By Robert Warne - August 14, 2002When push comes to shove, there’s a 62-year-old Illinois workers’ compensation lawyer who utilizes the full breadth of the English language when he wants to make a point.
Marvin Gerstein claims his First Amendment free speech rights protect his vociferous opinions that currently have him facing a 30-day suspension.
A series of letters between 1997 and 1998 are what got him in trouble with the Illinois Supreme Court in the first place.
It was during that period Gerstein sent a batch of colorful letters out to two lawyers in the Illinois attorney general's office, a claims manager at Zenith Insurance Co., a claims adjuster at the Liberty Mutual Group and to the director at the Veterans Affairs Medical Center in Danville, IL.
According to the The News-Gazette in Illinois, the letters included threats and referred to male recipients as "idiot," "boy" and "geekbreath," and female recipients as "sweetie pie," "babycakes" and "Mommy Superior."
The claims manager from Zenith tore up the letter and sent the pieces back to Gerstein. Outraged, Gerstein sent the claims manager the paper scraps and a letter instructing him to stick it “in that bodily orifice into which no sun shines and try not to get any paper cuts.”
His attorney Robert Webberdefends his client's emotional outbreaks and believes Gerstein shouldn’t be punished for being a colorful character.
With 35 days to appeal and counting, others think that there’s no way such blatant expressions can be deemed protected speech.
Gerstein definitely picked the wrong person or persons to call “babycakes” or “geekbreath.” Now in the hot seat it won’t be long till the court determines if his actions are suitable for general audiences or if they should be restricted. |