Gunard Swanson 0

FLORIDA'S WORKERS COMPENSATION SYSTEM IS UNCONSTITUTIONAL BY ENACTING A "CONCLUSIVE SETTLEMENT SYSTEM". THE FOLLOWING SHOULD BE NOTED:

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BEGINNING 2003 and onward, Florida Workers Compensation/Insurance Lobby has denied approximately (2300) plus claims per month, their start-up of an "UNCONSTITUTIONAL"- "CONCLUSIVE SETTLEMENT SYSTEM". 
 "STARRY DECISIS"-" A higher courts ruling in accordance with decisions and laws that are passed down from these decisions. 
 "STANDING PRECEDENCE" - "A decision that is relevent to a ruling in a Court Of Law, or passed down to the lower courts for adherence.  
In 2003, Recchi America vs Hall 1997 is the precept decision to constitutionalize the former unconstitutional language of the 440 Statute Workers Compensation Law.  This decision is responsible for allienating "Conclusive Presumptions" as evidentuary materials solely.  Basically, it consulmated that a positive urinalysis was not enough to deny due benefits to the worker.  It clearly indicated and was decided in this case:  
A."Inactive Thc" is not a "credible science" and equivocally has no collaberation with an accident or no cause should be associated with it as so, as it can only determine that the drug was used with in a large time frame.  
B. This decision also concludes "Halls" 4th Amendment was breached or violated, as, the government did not have a "Special Need". In reference to the "Employment Contract".  This is referred to as a "Bargaining Agreement" for employment- which, again, is unconstitutional and upheld as so.
In 2007, this Claimant was formerly initiated in to this unconstitutional system of injustice with the exact circumstances as "Hall" had confronted in 2003, with a different outcome.  In fact legally and according to public record my case would be deemed "Binding" in accordance with.  Yet!  With "blind trust" and "after the fact findings" of a system to preclude justice by "Big Money" or the "Lobbys interests precluding".  
   Why would "Halls" 4th Amendment Rights be any better than mine, or others?  It sure would be nice to have a questioned answered rationally for once!
    "Try going almost two years with out a paycheck, this claimant did".  Not to mention has endured the following with the intent of this "State System in question":
1. The State Of Florida currently allows all Medical & Endemity Benefits to be seized immediately with out "Due Process on an "initial urinalysis" alone.
2. The State Of Florida's answer or their precept of following the higher courts authority is to ignor it and conclude a "Conclusive Settlement System" by misconstruing the above change to the statute over to another part of the "Statute- "Irrational".
 This leads to the intent of the "State Workers Compensation" to not follow "Starry Decisis"- "Or "Standing Precedence" set down from the higher courts.
 a. "Red Flag Indicators and the ability to "Target Market" a group that is estimated at 15 million plus in America-to have "Inactive Thc" in their systems at least (once) monthly" (Nat'l Geo).  A drug that is so commonly misconstrued is now being used unlawfully, statistically for pure gains by the "Special Interests". 
 b. The State Supreme Court Of Florida also concurred a test- "The Three Prong Test".  As in my personal claim, the "Third Prong" did not meet the criteria of an individuals need on a whole.  
  The following "Red Flags Of Injustice" to ignor and contain a "Conclusive Presumption System" that exists today are noteworthy:
1. Lower "Claimants Counsels Compensation". What was 25%, beginning 2003 is now 10%. The ulterior motive being "sub par defense" for the claimant, or no effort to acheive "Due Benefits", but, conclusively settle.
   My initial contact with my counsel acknowledged he had already (700) cases notched on his belt.  "I wonder how many of thoses actually acrued their "Due" benefits or even where the claims evolved?" (i.e.-leads to the collaberation of the system to bond, Carrier, Counsels-Compensation Judges. I say this with experience, numbers, public record accordingly.        
    My ineffective counsel for example never challenged my 4th Amendment; nor the unconstitutional "Employee Leasing Agreement"  the above decision protected fully and equivocally described, as a "Bargaining Agreement" for employment- "duly ruled unconstitutional".
 2. The State guidelines to reach a settlement or concur to a "Final Hearing" is 210 days max.; however, this is purely at the discretion of this "State System".  My own experience "tripled" this most important time frame set to help lessen the suffering of the injured worker in question.  Another indicator for whom this state interests lay.  
 3. Up until the "Final Hearing" your designated "Employer" although, all through the mediation process is your "true employer" when the accident transpired, is now misconstrued over to the "Carrier" for the sole purpose to deny a claimants legitimate benefits.  Allowing the "Insurer" -"The "Unconstitutional Irrebuttable Presumption" (State Supreme Court).
4.  "Due Process" with regard to "Right To Appeal" is also extinquished if the "Adminstrative Court in charge", (i.e.) "1st District Court Of Appeals" sustains your appeal with "No Written Opinion". Doesn't matter if your appeal is credible or not!  A "Conclusive Road Block" of "Due Process", can only be the assumption.  (Hence "Final Hearing".).
This claimant immediately filed motion for a "Written Opinion" to sustain my personal claim the justice we all grow up to believe in.  This step in my "Due Process" had conclusively unblinded my eyes to the "Conclusive Settlement System" the Floridian Worker is privy to today! 
"The Insurance Lobby" has total control over Workers Compensation Rulings or litigation fully and with state collaberation in "Sink". "Pun Intended".  This is not irrational thinking, but, an irrational experience of the "Employee" to date.
  "A Tallahassee Newspaper just revealed the indecrepancies of an "Appelant Judge" with the "1st District Court Of Appeals" in regard to a "30 Million Dollar new Court House supposedly unethically requisitioned and paid for.  Surely the Workers Compensation Fund since 2003 has grown substantially? The "Employee" is not even afforded their 7th Amendment Right.  A "Fundamental Right" so given in a "Civil Arena" with an amount of $25 or more in question. Heck! This would take the "Conflict Of Interest" out of the mix!  Not to mention level the scales of justice how they should be? 
  Tallahasee's Workers Compensation Office (main), can only precepitate advocacy with regard to "Settlement" once judicial authority or a "Final Hearing" has been sought.  In essence, don't call this office unless you conform with the current unconstitutional system in place or accept the extortion payment, settlement offered.
 5. The State "Subcontracting" the services of "Workers Compensation by "Private Entities" concluding they contain the same rules & Regulations" as a "Government Entity Is Entitled",  is wrong!  This is evidence as to the avoidance of our 4th Amendment Rights, 14th Amendment and ignorance of the 7th "Fundamental Right" so given, yet denied. Spend 30 million for a new court house, but, to allienate a claimant his right of "Judge or Jury" is noteworthy of the injustice,  scrutiny in place today.
 6.  "Add Injury To Insult"  "Attorney Fee's are misconstrued as "Taxes"- when they are blatantly "Attorney Fees" for the "Carrier-Insurance Lobby".  "Another non-communicated adversary to combat litigation to procure an "Employees Due Benefits" vice, settlement." So, your right to "Due Process" comes at a premium should you fail this nonpenetratable process and to challenge your legitmate benefits denied so.
 "This claimants lien of $9700 for the retribution of non-conforming to this "Conclusive Settlement System in place today" is evidentuary, as to the above claim. Had I accepted the $75,000 settlement offer- there would be no lien.
             "Conflict Of Interest"
 The Governor actually sits on the "Board Of Trustees"" of "The Employee Leasing Industry". "A pure "Conflict Of Interest" when you are litigating against a "Private Entity" with the system at the realm of "Judge & Jury".  If it wasn't bad enough my assigned judge actually handled more than one case simultaneouly.  "Should I've been surprised?  It was only this man's "Pursuit Of Happiness" at stake! A precept to the "Care" of the "Employee's"- "Due Process".
   I have spoken personally and corresponded with a past Judge Of Compensation, many Attorneys, Appelate Attorneys, Representatives, Congressmen/women, Governor; and even the President on this "State Entity"- crossing the line with intent to defraud justice in favor of the "Lobby" or "Special Interest Group/s."
    "In the 70's/80's a statistical record maintained that 3-5% of accidents at the work arena was occasioned by the influence, i.e. (Alcohol, Cocaine, Pot, etc.)  So, the excuse there was a problem that would precipitate this illegal invasion of person, or the ability to ignor "Standing Precedence" can only be the intent of the "Special Interest Lobbys" unlawful influence or extended "Arm Of The State" see Recchi America vs Hall 97.
    "In our past "Governors Election", Ms. Sink stated "If only the people understood to the extent of the "Infiltration Of The Lobby Into Florida Politics". "Ms. Sink just currently resides as the Financial Director to this department in question".  Unfortunately her sources were not revealed?  
      "For The People" and "By The People"
  "For The Money" and "By The Money".  This man made a mistake off-work hours and it is in the record as so. A Top Airconditioning Mechanic with an unblemished record. Servicing a Sheriff Deputy's Home, I, was led in to the wrong exit which held major code violations.  Nothing suspicious was ever responded from this accident, otherthan it was a pure non-avoidable accident.  As in "Halls Decision" and this "Claimants Final Opinion" we both held the accident was not "Occasioned" by the "Presumption"- that our injuries would of been the same, regardless. 
  "I arrived at the home at around 915am and fell  around noon or after.  To this day, a statement has not been taken from the Deputy.  It was wrong for the state to have allowed two suits filed simultaneously (Personal Injury/Workers Comp.)- another conflict of interest!  I now understand how such high numbers are attained with the statistics of 2300 plus denials (a month)- sad reality of a system misconstrued.  
     I certify that all is true and accurate to the best of my current knowlege.  This could actually happen to you! 
   "Lets stand up and fight for our rights and "Due Process" so taken! The "Buck" stops here!  I fell for a reason! To help fulfill others from following in my footsteps and enduring the excessive "pain and suffering" I've endured to date.  
Your signature is a start- much thanks, and "God Bless Us" to endeavor our right/s, again!
    

  

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"Superior Heating & Cooling Management Inc. Owner Mr. Chris Swanson.

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