Deborah Holmes 0

PETITION FOR WRIT OF REVIEW AND REMAND

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Petitioner filed her worker's comp claim in 2002 within the two year statute of having known or should have known. Petitioner worked for Defendant for three years ending in 1991 interviewing asbestos clients for product information. The men would bring labels from bags, buckets, and one brought an envelope of raw asbestos and sifted it through his fingers saying, "This is the stuff". Petitioner filed timely notice to Defendant which reported to him the injury. Petitioner has in excess of 50% restrictive lung damage and either interstitital lung disease or asbestosis, GERD from the ingestion of the dust with bronchial involvement, and nodular pleural disease, (scarring of the lining of the lungs not allowing oxygen to reach the organs), which is ONLY caused by asbestos exposure. This case went through three judges as Defendant and his counsel judge shopped, stalled for statutory changes to their advantage and changed the mediator at Defendant's own discretion, causing more delay. Mediation was a year late. The counsel, Mr. Rogner, for Defendant and Judge Dane co-horted to confuse Petitioner into believing the case was still active until the time to appeal had passed. Judge denied any contribution to cost of Petitioner, who is only on social security disability. I was first sent to a cancer center in Tampa by one of Defendant's friends and fellow lawyers to an insurance doctor who never even took an x-ray, yet stated I was not in a work potition to be injured by asbestos. Knowing I would be unable to find justice where the Defendant had been President of the Fla. Trial Lawyers, Petitioner is bringing her case to the attention of the Justice Department. The judge denied compensation based upon the following: Plaintiff was without counsel; refused to accept Federal law and The Manville Trust reflecting the exact symptoms of asbestos exposure; refused to allow affidavits of Plaintiff's witnesses; doctor did not DEFINITIVELY diagnose asbestosis; stated Plaintiff has COPD, which Plaintiff's pulmonologist will confirm she does not suffer copd, rather asbestosis or interstitial lung disease. Judge Dane also stated Plaintiff was not in an environment to contract asbestos disease; res judicata and collateral estoppel. Judge Dane is no longer on the bench.

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