Friday, October 28, 2005

"THE WARDEN MADE ME DO IT!"


"It's Good To Be The King."

Throughout history, one of the prerogatives of despots has been, and remains to this day, the ability to dispense privileges to favored members of their court, while disenfranchising those whom have failed to receive the appropriate benediction, and the fiefdom of the California Institution For Men (CIM) is no exception.

The newest addition to the long list of CIM's imperious rulers has wasted no time in the incorporation of this philosophy into the "Poulos Doctrine".

Within California State Service and, more specifically, the California Department Of Rehabilitation and Corrections (CalDORC) there is the principle that "Reasonable Accommodation"1 will apply equally to all employees. However, the Departmental Operations Manual seems to have, secretly, been modified by the "Poulos Doctrine".

In CalDORC, "Alternate Job Placement" is colloquially termed "Light Duty Assignment" and, on Thursday, August 25, 2005, the fax machines at the State Compensation Insurance Fund rang off of their hooks as lists of employees with Workers Compensation Claims were being removed from their Light Duty Assignments at CIM. Coincidentally, just the prior day, on Wednesday, August 24, 2005, one of my clients filed a "Report Of Employee Misconduct" against the Health and Safety Officer for, allegedly, having perpetrated criminal discrimination against him for having filed a workers compensation claim2. An act, so she asserts, that occurred under the direction of Warden Poulos.

Instead of making my client like the other Workers Compensation related, Light Duty employees, they were made in the image of my client - out of work and going home. If what the Health And Safety Officer is reported to have said is true, instead of resolving my client's allegation of a violation of law, Warden Poulos chose to send everyone who had Light Duty and a Workers Compensation Claim, HOME, and discriminate against all of them instead of just one. Perhaps it was his belief that this would make the unlawful discrimination more equitable? As Warden Poulos said in a written communique, he will pick and choose on a "case-by-case basis" those who will receive light duty dispensation.

Yes, I said discriminate. There is, at least, one, supervisory, member of the king's court who avoided the emperor's wrath and was allowed to remain on his Light Duty Assignment, even though his injury is reported as non job related and there is no Workers Compensation Claim resulting from it.

This should serve as notice to all industrially injured workers at CIM - you have no place or standing in the Court Of The Royal Wardenship.

More To Come!

Lorraine Bradley
http://prisoncorruption.blogspot.com

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1D.O.M. §31010.9.1 Reasonable Accommodation (in part):
"All employees who incur disabling injuries or illness and wish to remain employed shall be provided with reasonable accommodation. This includes the necessary assistance and appropriate employment options to remain productive state employees. Alternative job placement will also be provided when appropriate and if a transfer is necessary, contacts with prospective hiring authorities shall be the responsibility of the local Reasonable Accommodation Coordinator (RAC) (who is usually the AA Coordinator)."

2Labor Code §132 (a), a misdemeanor

2 comments:

Anonymous said...

Would this unnamed Health and Safety Officer be, none other than, Kristi Hilliker?

Lorraine Bradley said...

That would be a VERY good guess!