"Up from here" Chapter 8: Thanksgiving
FLAWED SYSTEMS
ONE HORROR TO THE NEXT; FEAR, DESPAIR, LONELINESS!
This will be over soon and I can go on with my life. That is how I have felt since, Thanksgiving Day November 26th, 1998. The day my life was transformed, forever. In summation, forever can be a lifetime. Just like an eternity is a very long time. One never knows just how long we have to live on this earth. One moment your speeding right along living your life to the fullest and not paying attention to anything, aside from, what is going on around you. Then one day your life alliterates in a twinkling of an eye. Just like mine did when it was disrupted never the less?
However, as time marches on endlessly each day is a never-ending battle for survival. It seems on the horizon there is no hope in sight with nightmares, madness, hunger, homelessness, anxiety, and boredom. The main question comes to mind at this time. How does one end up this way? Where did it start? What is the solution in all of this turmoil? One day you are happy go lucky. The next thing you know your life is turned upside down. Questioning if there will ever be any light at the end of the tunnel. All the while drowning in a sea of discontent and disbelief. The right questions end up being vague and void of any real understanding.
Nobody listens. Nobody cares. You keep telling yourself, you must be mad. Repeatedly in your head to the point of wanting to shout as loud as you can to top of your lungs. "Why doesn't anyone understand?" Every step of the way gets harder moreover, for your fight for justice. Compassion is nowhere to be found. Greed is the name of the game, so to speak. Nothing justifies the means. All you want to do is stand up for what's right. Furthermore, in the proceeding having your head slammed against the wall to no end in a literal sense of the word. Do the means clarify the suffering involved? When will it ever end and confirm where justice prevails. Alternatively, will it continue with those with the most resources winning the battle against the defenseless as always? Ripping to treads the less fortunate to non-existence. The big guy against the little person in the procedure, the rich want more from the backs of the poor, treads the less fortunate on Thanksgiving Day November 26th, 1998 in Redding, California at Liquor Barn as an employee for Tim Carroll. Where does one go from here? The best thing to do right now might be to go back where it all started months ago in order to get a better grasp of what this is all about. Putting the pieces together to make sense of it all. The meaning and to contemplate all the resources that are available, no one should have to experience or go through what I had too.
Today started out just like any other workday. Except, it was Thanksgiving Day. There was nothing unusual when it started out. It was a holiday like any other holiday. However, this day was no picnic, to say the least. It ended up being a day I will never forget as long as I live. Forever etched in my memory. Out of the blue and the last thing on one's mind is the horror of living through a war zone? The furthest from anyone's contemplation, or even for those matters apprehending such a disaster to take place and thrust upon us. From my recollection at the time, I was in transit with two twelve packs of beer and restocking the cold box at Liquor Barn in Redding, California. When out of nowhere a 5.2 magnitude bombshell rattled the outlet at 11:47 a.m? Instantaneously I stopped in my tracks and cautiously put the twelve packs on the floor in front of me the second I realized it was an Earthquake.
Having grown up in the Los Angeles area, I had had my portion of shakers; however, nothing with the likes of this one. In no way previously had I experienced an Earthquake so ominous personally? The Earthquakes in the Los Angeles area always happened to me when I was frequently fast asleep in bed. I would move to and fro a bit and that would be the end of it. Conceivably a few things would descend off the walls or out of the cupboards and land on the floor. Nothing that you think would cause any anxiety, substantially or even that noteworthy, not this time. This time I was motionless on a cement floor. I felt what seemed similar to lightening under both of my feet. In the first few moments, the first shock came from in the reverse direction and welt through my legs. Then, I felt a second impact one even fiercer than the first one. It happened unconstrained and lightening-quick. I could sense the sixteen miles under my feet. I felt like I was bound to fall into a cranny that had opened. Instead, it passed underneath me and headed in the route I had been walking in. I thought I was going to lose my life.
Next, I gazed up above me at the ceiling to make sure it was not advancing downwardly. All the while looking in the bearing towards the front of the store at the volatile substance hanging overhead and crossing across the frontage of the market. I could hear energy forces all around. In the foreground, I began to see bottles sway and fall off top shelves.
Behind I could hear crushing bottles falling onto the floor. On the aisle adjacent to me, bottles were dispirited. It was like combat, which I had never seen in my life's experiences. What had seemed like an eternity played out in slow motion as if time had stood still? It had subsided and was gone now. The panic of an Earthquake had surpassed. The fright and fear during that instant while the bowels of the earth shook. An Earthquake discharging and releasing the urgency of its entire furor and procuring as to what was in charge. The Earthquake made its presence known by the power it holds. With no altercation on my part or doubt by the ravage, it had left and made official on its destructive path.
Now I had to intervene and do what was necessary and anticipated as an employee. No matter that, I felt like running out of the building and never coming back. It was of no repercussion to me at the time. Nonetheless, I knew I could not do it. I still had a job to execute. Never like this despite the fact. I had never been in an Earthquake while working. Up to this point, I had always been at home in bed when an Earthquake had occurred. Now indubitably, what was anticipated or unequivocally how I was to go about it was the next step ingrained in my mind and thoughts. That very second I needed to gather all my wits about myself. I could no longer let my fear about what had just happened get in the way. The main thing to contemplate about after the encounter had subdued was to give whatever helping hand of any kind that I could convene.
The first thing I did was stroll slowly towards the obverse end of the store. I needed to find out what Larry Jones, the Supervisor on duty wanted or counted upon us to do. I knew Howard was up front because he was the number one cashier for this hour of the day. I could see he was OK as I passed by heading towards the office in the front of the store looking for Larry Jones. On the other hand, I had not seen Little Mikie yet. Except, the only thing I could think of is he must be out on the floor somewhere working. What specifically he had been doing when the Earthquake happened I had no idea; nor can I recall exactly what it was Mikie was actively doing at this very moment.
There were four of us working in the outlet right now. Knowing what to do next or to have some kind of direction would be very helpful right about now. From my point of view, we were in a hazardous situation from what I had witnessed happening right in front of me. Trying to take care of customers and trying to clean up the clutter and damaged areas throughout the market at the same time. Who was going to do what and how were we to go about it was the next thing on the agenda? At least as far as I was concerned it should have been. I was looking for some kind of leadership, someone to take control and give the orders by a chain of command. Which was Larry Jones' responsibility to do that job? Larry Jones was the person that was supposed to be in charge, the person to make the choices that were to be made for the preservation of all concerned.
I finally caught up with Larry Jones and he revealed to me that Tim Carroll the General Partner and store manager had called to ask if the outlet was all right. I do not recall Larry ever saying anything about Tim asking if any of his employees were unharmed and not afflicted. I do not even recollect being told about Tim asking if any customers had been hurt. Tim's only interest was in the store it seems and that was the only impression I received the consequence of his actions. Larry apparently told Tim "only about 15 bottles fell and broke. Contrarily he could not see anything else indifferent as far as Larry knew at the duration". Larry said to Tim, "Not much to fret about right now". Larry also felt in addition and said to Tim, "we can handle it".
Nevertheless, Larry had only seen the damage on aisles one through four and Larry presumed aisles five through seven were OK. In the retail business, I was always taught never to assume anything for any reason. Larry had not taken the time yet to walk aisles five through seven. If Larry would have Larry might have noticed the damage on aisles five through seven, which was a disaster. In fact, I was on aisle seven and I knew what we were facing but I couldn't appear to get it across to Larry. Larry Jones did not sound like he heard anything I was claiming. Then Larry went and saw it for himself and discovered how right I had been about the loss in that area of the outlet.
Larry then had to call Tim back and transgress the bad news to him. Larry had to indicate and let Tim know there was more damage in the store. There was more breakage than Larry had accounted for to Tim on the first phone conversation. There was more ruin than Larry had originally anticipated or thought that there was and he mentioned to Tim, “It might be best if we close the store." But Tim told Larry to "Delay closing the store until I get there to see it for myself. Then I will make a decision as to rather close the outlet or not. I want to walk the floor first". Tim told Larry, "I am already in route and in transient" from the cellular phone in his truck. It was total chaos and the situation was out of control in my surmise. Now we were informed we would have to linger until Tim arrived to see the physical state of the market for himself. At that point, Tim would make his findings after he saw the havoc on his own. Then the question could be answered as to rather or not to restrict Liquor Barn.
Larry should have been given the authority right there on the spot to close the outlet. Tim should have had enough trust in Larry's judgment to give him the permission to do it right then and there on the spot. In fact, Liquor Barn should have been shut down forthwith after the Earthquake. Instead of having to wait for Tim to make that choice, lives were in danger is all I knew for certain. Something needed to be done before people were cut on broken glass and spilled spirits on the cement floor where they could slip and fall on many aisles, not just one in particular. Aisles five through seven were the worst damaged. On aisle six was where most of the exposure of slipping and falling on the broken glass could occur. Customers were still doing their holiday shopping with no consideration for anyone but their selves. Jumping over spilled liquid on the concrete surface with broken glass. I had to do my best to keep them from hurting themselves. I even offered to get whatever kind of Liquor they needed or wanted. Rather than take the chance of them obtaining substantial injuries in the process. All of the employee's generosity provided Customer Service to the extreme or to the hilt.
I ran back to the warehouse and grabbed as many carts and trash cans as I could find. I brought them out into the store to block as many aisles as I was able to in order to keep people from going down the aisles. I did it to protect them from injuring themselves on the jeopardizing situation that had befallen all of us. Which, it seemed did not phase any of the customers or management at the time. I felt more dissimilar than they did. When the Earthquake happened I was in the area where most of the waste had occurred. My feelings were of a fearful nature on account of what I had experienced during the Earthquake and what I felt and saw as it happened. The very next thing to do was to get the aisles blocked for the safety of all concerned. I then headed back to the front end after I was paged to help check out the customers as fast as we could to get them on their way and out the door.
Finally, after some time Tim shows up to walk the store. Realizing the condition the outlet was in at the time after his appearance. Tim made a decision to close it without much hesitation after viewing the situation. Which should have been done earlier right after the quake struck. However, it was not done and Tim's typical way of handling most things as par for the course. Tim brought his wife along with him to help with the cleanup. So he must have already imagined we could use more help with the cleanup. Right after that Amanda returned to help too. Amanda had been in the building earlier working long before the Earthquake hit us. Amanda had only gone home a few hours before we were struck. Amanda had the experience of the Earthquake from home.
Tim ordered the store shut and service suspended and we went about getting the customers out of the market as soon as possible. The front gate was padlocked to the dismay to customers just arriving for the first time. It was advertised we would be open today. Apparently, they had not noticed the Earthquake earlier or did not really care, have any concern for or think much about it. Then we all pitched in on the cleanup work involved. Tim the traffic cop had arrived to make an even bigger mess by giving orders on how to clean it all up. Tim is good at playing traffic cop and not knowing a thing about what he was trying to do in the process. As time went on and we were getting a handle on the situation, Tim was still demoralizing trying to decide if he could still reopen the outlet back up. Yeah, right. I do not think so. It would have been impossible as there was way too much damage with broken bottles and spilled liquid all over the place.
When Tim came to the conclusion there was no way that it could be done. His wife along with Amanda left for home leaving the rest of the employee's on duty to do the rest of the cleanup work involved on our own. Now we did the rest of it as if it were a normal closing, which it was not the case at all this time? About the time we had the outlet almost back in order again. Within an hour or so left to finish it, barely, presentable and back in shape, another aftershock hit that was in the neighborhood of being a 4.4 magnitude. I yelled out, "Oh my God! Not again." If more bottles had fallen off the shelves this time I would have been out of there and gone. Having a job or not at the time. Little Mikie said, "We should be getting Hazard pay for all of this we are doing". He was right we should have been, as Tim never really appreciated any of our efforts. Not then and not now, not ever in Tim's eyes. Blocking the aisles saved him from a lot of future lawsuits that may have been otherwise to the contrary.
Hopefully, after this last shock of the day we could finish up and go home to our families on this Thanksgiving Day. Which, around 4:30 PM for Mikie to clock out and 4:35 PM for me to clock out and head for home. It left Larry Jones and Howard to finish up. Mikie and I had arrived earlier in the day. We had the opportunity to leave first without any question. There were only about 15 to 20 minutes of work left for Larry and Howard to finish up. I immediately headed for home as fast as I could reasonably drive to get there. Was I glad to finally be in the comfort and safety of home? I was in a state of shock still after I finally did get there. The first thing I did was call to put off the dinner engagement I had planned on attending that evening. Then, I went to my room and collapsed and thanked my lucky stars I was still alive. I then jumped on my computer and told my friends on the Internet around the world what had just happened to me earlier on this Thanksgiving Day November 26th, 1998.
Where do I start, is the question of the day? How much are people supposed to deal with, when it comes to loving the Lord? Having faith, that the Lord will guide us, daily, if we put the Lord first, in our hearts, and souls, and our lives. "Seek ye first the Kingdom of God, then all things will be added to your accordingly" It seems I am finally, beginning to climb back up, out of my depression. However, it seems I am being hit, with all kinds of problems, all in the same month. From one thing to the next, when it rains, it seems to pour.
I was disabled due to an Earthquake, while I was working and ended up getting what has been diagnosed as "Post-traumatic stress disorder" (PTSD) and I was in legation with a Workman's Compensation case, but settle the case in October of 2003.
Presently, I am unable to trust employers now for how my past employer, put customers, other employee's, and myself, in danger. All for one reason, and one reason, only, making a profit. After the Earthquake occurred, we were all put in danger, by the delay, of closing the store, until the owner could get there, to personally see the damage, first hand, for himself, before making a decision, to close the store, as it should, have been, on the spot!
Post-traumatic Stress Disorder
Post-traumatic Stress Disorder (PTSD) is defined as the development of certain symptoms following a mentally stressful event that involved actual death or the threat of death, serious injury, or a threat to oneself or others. For the person who has experienced a diagnosis of cancer, the specific trauma that triggers PTSD is unclear. It may be the actual diagnosis of a life-threatening illness, aspects of the treatment process, test results, information given about recurrence, or some other aspect of the cancer experience. Learning that one's child has cancer is traumatic for many parents. Because the cancer experience involves so many upsetting events, it is much more difficult to single out one event as a cause of stress than it is for other traumas, such as natural disasters or rape. The traumatic event may cause responses of extreme fear, helplessness, or horror and may trigger PTSD symptoms.
Post-traumatic stress disorder (PTSD) From WebMD at webmd.com
Post-traumatic Stress Disorder Risk Factors, Protective Factors, and the Development of PTSD:
As many as one-third of people who experience an extremely upsetting event, including cancer, develop posttraumatic stress disorder (PTSD). The event alone does not explain why some people get PTSD and others don't. Although there is no clear answer as to which cancer survivors are at increased risk of developing PTSD, certain mental, physical, or social factors may make some people more likely to experience it.
Individual and social factors
Individual and social factors that have been associated with a higher incidence of PTSD include younger age, fewer years of formal education, and lower income.
Disease-related factors
Certain disease-related factors are associated with PTSD: In patients who received a bone marrow transplant, PTSD occurs more often when there is an advanced disease and a longer hospital stay.
In adult survivors of bone cancer and Hodgkin lymphoma, people for whom more time has passed since diagnosis and treatment tended to show fewer symptoms.
In survivors of childhood cancer, symptoms of PTSD occur more often when there was a longer treatment time. Interfering thoughts occur more often in patients who experienced pain and other physical symptoms. Cancer that has returned has been shown to increase stress symptoms in patients.
Mental factors Mental factors may affect the development of PTSD in some patients: Previous trauma. Previous psychological problems. High level of general stress. Genetic factors and biological factors (such as a hormone disorder) that affect memory and learning. The amount of social support available. Threat to life and body. Having PTSD before being diagnosed with cancer. The use of avoidance to cope with stress. Protective factors. Certain factors may decrease a person's chance of developing PTSD. These include increased social support, accurate information about the stage of cancer, and a satisfactory relationship with the medical staff.
How PTSD may develop
PTSD symptoms develop by both conditioning and learning. Conditioning explains the fear responses caused by certain triggers that were first associated with the upsetting event. Neutral triggers (such as smells, sounds, and sights) that occurred at the same time as upsetting triggers (such as chemotherapy or painful treatments) later cause anxiety, stress, and fear even when they occur alone after the trauma has ended. Once established, PTSD symptoms are continued through learning. The patient learns that avoiding the triggers prevents unpleasant feelings and thoughts, so coping by avoidance continues. Although conditioning and learning are part of the process, many factors may explain why one person develops PTSD and another does not.
Post-traumatic Stress Disorder Risk Factors, Protective Factors, and the Development of PTSD: From WebMD at webmd.com www.webmd.com
Workman’s Compensation:
Worker's Compensation - Know Your Rights
Worker's Compensation sometimes referred to as "Workman's Compensation" or "Worker's Comp", is the name given to a system of laws meant to protect injured workers. The goal is to make sure that somebody who is injured at work receives appropriate medical care, lost wages relating to the on-the-job injury, and, if necessary, retraining and rehabilitation, so as to be able to return to the workforce. When workers are killed on the job, members of the workers' families are ordinarily eligible for benefits.
Exclusions From Coverage
Depending upon the jurisdiction, employees may be restricted from collecting benefits if their injuries or deaths result from willful misconduct or from intoxication.
Special Federal Statutes
There are some special federal laws which provide additional protection to certain classes of worker: The Jones Act. (The Merchant Marine Act) provides seamen with the ability to seek benefits known as "maintenance and cure" when they are injured as a result of their employer's negligence while working on U.S.-flagged vessels.
The Federal Employment Liability Act (FELA) makes railroads engaged in interstate commerce liable to employees, where the employees' injuries result from the railroad's negligence.
The Longshore and Harbor Worker's Compensation Act (LHWCA) provides Worker's Compensation benefits to certain classes of employees of private maritime employers.
The Black Lung Benefits Act provides compensation to miners suffering from "black lung" disease (pneumoconiosis). There is a possibility of the creation of a new federal compensation scheme for workers injured by asbestos, who may suffer from asbestosis or mesothelioma as a result of asbestos exposure. At present, asbestos-related injuries are typically handled by private attorneys.
Worker's Compensation Litigation
While most injured workers recover quickly, and beyond making the initial injury report to qualify for benefits have no real awareness of the Worker's Compensation system, those more seriously injured may have difficulty with their employer or with the compensation system. Those workers may benefit from consulting with lawyers. Worker's Compensation litigation is generally considered to be simpler than traditional injury litigation, as it takes place in an administrative setting and may involve relaxed evidentiary rules. Attorney fees are ordinarily limited by statute.
Workers typically need to hire a workers comp lawyer when they are refused benefits to which they are entitled, are told that they can return to work before they are actually medically able, or are denied extended or permanent disability despite significant disabling injury. If your employer sends you to a doctor who declares that you are able to return to work even though you don't believe you are yet able, or tries to get you to return to work to a special job created to accommodate your injury, you should consider speaking to a comp lawyer right away.
The reason is this: while a typical injured employee does not know the law, a typical employer is very much aware of how the compensation system works, and how to terminate an employee's benefits. An injured worker who returns to work in a specially created position may well find that, two weeks later, the position is eliminated and he is laid off - but is no longer eligible for workers comp. Similarly, many employers utilize doctors who are much more interested in maintaining a good continuing relationship with the employer than with accurately diagnosing the employee - too many declarations of continuing disability will likely cause the employer to send injured employees to a different doctor. A lawyer can help you protect your rights when one of these "hired gun" doctors tries to block you from getting necessary treatment, cut off your benefits or send you back to work too early.
It is beneficial to go to a lawyer who handles a lot of Worker's Compensation cases. Typically, those lawyers will know the administrative judges or hearing officers who preside over comp hearings, and may also know the doctors and defense lawyers who are trying to block your claim. Using an attorney who knows the ins and outs of the system can help ensure that you collect the benefits that are due or, if you are so inclined, get a maximum payoff to settle your compensation claim.
When Can You Sue?
Ordinarily an employee who qualifies for Worker's Compensation benefits may not file a personal injury suit against the employer. There are two narrow exceptions where Worker's Compensation preemption might not apply, and an employer might be subject to a lawsuit:
When an employer intentionally causes injury to an employee.
When an employer is required to carry Worker's Compensation coverage but fails to do so.
This exception for intentional acts is very narrow. It is not ordinarily enough that an employer creates conditions where there is a very high probability that an employee will be injured. Ordinarily, the employer must have committed a specific act intended to cause injury to the employee.
Worker's Compensation - Know Your Rights from www.expertlaw.com
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