It is time for a quick shot of random:
- With the dawn of a new political era so recent, I hate to pack too much good news into one short period of time (it is better to have it spread out dontcha know...), but alas, a bit of good news landed in my lap this week. Travel with me down memory lane 2 years ago; my bumper made very slight contact with the trailer hitch of a delivery van in traffic. Dude in the van was at work and in the company van, and he said he was fine, there was no damage, no problem, I apologize, and with his ok, I leave. No cops. No ambulance. No complaint. No problem. Nothing really happened. 6 months later, I find out I am being sued by him for an astronomical sum. There was no damage - not even paint exchange as I recall - and I believe there was no damage reported because no damage happened. This was a total non-event, but then again, this is California, so any slight or potential slight is like a lottery ticket! Turns out, even though there was no claim of damage to the van, the guy took 6 months off of work with workman's comp! SIX MONTHS! The irony of ironies is that he was claiming a "Cervical Strain". Cervical Strain! At first, this actually bothered me quite a bit because my first instinct was to genuinely worry whether or not I actually had hurt someone. I couldn't live with myself if I thought that is what I had done. I would be double-worried at the thought of causing someone a neck/cervical injury because of my own. However, when I asked my surgeon to describe what falls under "strain" and to compare it to the condition which caused my cervical spine to be fused, I became pretty sure that the lawsuit was BS. Hearing from the doc, I was mostly glad that I didn't likely actually hurt anyone; yet also, I was extremely pissed that someone would be able to take 6 months off work claiming a neck strain when I haven't had ONE SECOND of disability time for my cervical herniations. It is precisely people who could take advantage of the (generally) vague symptoms accompanying cervical damage that have made it so difficult for me to find adequate pain relief. So many doctors like those I have seen are put in the position of having to doubt all their new patients to make sure they aren't getting scammed for pain pills or disability payments that it makes it hellish for everyone who goes in for treatment. The fact that I felt that there was NO WAY the tap between my bumper and his hitch could have caused someone 6 month's worth of disability made it easy to help my insurance company resist the suit. My insurance company felt the whole thing was BS and they offered precisely nothing. 99% of these suits don't go to trial because they are settled for x amount of money. They usually find it cheaper to settle than fight, but in this case, they felt they had to fight. I never denied causing contact, but the situation was such that a simple telling of what actually happened (and the fact that the vehicle owner filed no claim because there was no damage) made the insurance company suspicious. I felt their suspicion was well warranted and did all I could to cooperate. I ended up getting deposed and it looked like I was going to be in 1% that go to trial. The people who paid the comp claim of his seemed to have wanted their money back (I believe they had a lien on any potential judgment.) Finally, 2 years after the non/incident, they decided they would allow it to go to binding arbitration, and the arbiter did find that he should get some money. The amount of money they felt he should have (if my math is right) ended up being a small fraction of 1% of what they had asked for. The number that was offered was very low (wouldn't cover an afternoon's worth of legal work I would guess), and - while I felt he was owed zero - it was an amount my insurance company felt was well worth the effort. My insurance company was actually worried that they would try to refile and go for a jury trial because the amount was so low. I was worried that it was all going to start over again, but this week, I got a letter saying it is over and they are just going to take what the arbiter said. I hope my insurance company rips the cash in half and tells them to "beg for some tape"(you could get the amount out of an ATM.) Normally I have no love for insurance companies, and I like liberal application of workperson's compensation, but I absolutely despise abuse of these things, and I think that is what this was. For me, in the position I have found myself due to a real cervical injury, I have nothing but the lowest contempt for those who could be said to have sought to use it like this. Abuse of the medical system for these things has directly made my life very difficult and people who would do that are musty assruts. I believe that the ending of this let's my conscience of the hook, and I will go forward believing that I didn't actually cause someone something like what I go through. That is the best part. If the guy swindled the work comp company, it is now between them, and it is over for me. I wish there was no payment, but I don't see how anyone could be said to have turned this minor tap into filthy lucre. This is just one more reason to hate the automobile. So much waste is involved with our motorized shit-boxes, it really is disgusting. Sniff. Just glad it is finally over.
- Speaking of good political news, I am 100% sick of travel and prefer not to leave the coastal west. However, my nephews will both be out east right in time for the swearing in of President Obama. I am looking for a way to get myself out east around that time so I can take them. No doubt we will end up just sitting in the cold a mile away, seeing and hearing nothing, and shelling out big dough for the privilege. That said, it is a major moment in our history, and for someone who has a chance to take their nephews by a mixed-race marriage to see the swearing in of a man from a mixed-race marriage of the same type, wouldn't it be a shame if they didn't go? Like I said, I hate the travel, and I have to find a way out there, but if I were to leave Cali in the winter voluntarily, it would definitely be for something like this. Details to follow.
- History Channel has debuted a new show called Extreme Trains. It simply follows a train from assembly to delivery. It may be TV's most perfect application to date. Set the TiVo now youngins!
- The new museums in Golden Gate Park (replacing those damaged in the 89 quake) look awesome, especially the California Academy of Sciences. This is high on my winter exploits to-do list.
- I got a bit of email I thought I would share. It isn't fan mail by a long shot, but even when I was in radio, I was partial to sharing the critical stuff. In this case, I share it because I happen to agree.
Your Blog...
Not sure how I landed there. The internet is like that sometimes.
Two observations:
1. I, too, love trains.
2. Having waded through several posts on shrinks, meds, etc., I can tell you EXACTLY what your problem is. You are one self-absorbed mother fucker!
May I suggest bowling.
Trains are cool, and he is mostly right. I replied and he was nice enough. I have been kinda going through the motions of late here on ye olde weblogge, so you get lots of navel gazing and music reviews - not my favorites either. Come the new year I am gonna have to make the call on what to do with this log d'web. I have been doing it in earnest for about 5 years, and I am not sure what is left for me to do with it. I write it knowing some people see it, but I don't write it for anyone in particular. Perhaps it would be merciful for me to actually work on it and write with an audience of human beings in mind. Perhaps it would be more merciful to kill it. I am not sure if I am ready to do that, but I don't see myself going back to the experiment of a few years back when I made sure to do at least 1000 words a day. I just haven't had the time lately and don't see how I will anytime soon (unless I am fired, in which I will go to 2500 words a day!) That doesn't mean I can't try harder to look beyond the end of my nose - and I think I can do that without copping out and going back to politics. It is too soon. Anyway, I know y'all are tiring out with the content and change of some kind is coming. I may live in a bubble, but I try not to force y'all to join me!
Posted by rudayday at November 10, 2008 12:00 AM