In its current form, California Senate Bill 655 is a scam. It is discrimination against those being environmentally disabled by exposure to biocontaminants in water damaged buildings (wdb) and more of the same ole, same ole — gov’t backed insurer fraud (this time, one endorsed into law in October 2015 by Governor Jerry Brown).
It will cause more environmental disability, discrimination and death by unchecked negligence of landords, employers, property managers, builders, school districts, property sellers; and cause more bad faith acts by workcomp insurers, property-casualty insurers, errors and omissions insurers and health insurers. It will cause more litigation — not less.
Here’s how this latest scam works and is mass-marketed by the joined unclean hands of many — both in and out of government.
1. According to CA Senator Holly Mitchell (D-Los Angeles), sponsor of SB 655 in her advertisement of Governor Brown’s endorsement of SB 655, “Newly signed mold bill protects both landlords and tenants” October 14, 2015:
“No more air tests that tenants and their attorneys attempt to use to delay evictions and avoid the payment of rent.”
[This is deadly. Many times landlords — some of whom are not being informed of the danger — cover up a mold problem by painting over it. As a result, it can only be determinied to be adversely impacting air quality and safety by testing. Since when are people in California forbidden to determine if their living environment is hazardous to their health?]
“The mold must be determined by a health officer or code enforcement officer to rise to a level that endangers the life, limb, health, property, safety or welfare of the public or the occupants. No more last minute tenant self-declarations that the mold exists.”
[There is no such animal as an established threshold or permissable exposure level (PEL) before mold and accompanying biocontaminants in wdb cause illness. If someone is exhibiting symptoms of Chronic Inflammatory Response with probablity it is being caused by a wdb (CIRS-WDB) the underlying problem needs to be found and mitigated]
“The California Apartment Association worked with Sen. Mitchell to add these protections to the law.”
[the “nonprofit” CAA and their political action committee CAAPAC lobby heavily and contribute to politicians’ campaigns on behalf of the financial interests of landlords, property managers and their insurers]
2. No help will be coming for those disabled by the negligence of others from the “health officers” of the California Department of Public Health (CDPH). This California state agency is still mass-marketing a debunked and deadly linear-no-threshold (LNT) model, the “Veritox Theory“. The greatly flawed risk assessment model (which claims to prove mictrobial toxins in wdb can never reach a level to harm) was first fraudulently promoted as legitimate science by the American College of Occupational and Environmental Medicine (ACOEM) in 2002.
“Physicians can refer to the American College of Occupational and Environmental Medicine (ACOEM) statement, Adverse Human Health Effects Associated with Molds in the Indoor Environment.”
“Arnold Schwarzenegger, Governor State of California; Kimberly Belshé, Secretary Health and Human Services Agency; Sandra Shewry, Director Department of Health Services; John Rea, Acting Director Department of Industrial Relations”
3. The ACOEM Mold Statement “Adverse Human Health Effects Associated with Molds in the Indoor Environment” was authored by Bruce Kelman (old tobacco scientist), Brian Hardin (retired deputy director of CDC NIOSH and co-owner of Veritox, Inc. with Mr. Kelman) and Andrew Saxon of UCLA. All three men are prolific expert defense witnesses in toxic torts. Their paper, which was promoted to be the scientific understanding of all ACOEM physicians, was sunset by ACOEM in February of 2015.
Even though the California Department of Public Health continues to promote the scientific fraud of ACOEM, the occupational physician “nonprofit” trade association of ACOEM itself is no longer promoting it.
[Sharon] Kramer said the sunsetting that appears to have occurred takes away any weight the paper might hold as a defense against workers’ compensation claims where the claimant is seeking benefits for mold-related illness…’It was a litigation defense argument right from the get-go,’ she said…. [Dr. Ritchie] Shoemaker said there are several ways to show that a patient has been exposed to the inhalation of mycotoxins, which mold produces.…’After 2003, there were no cases that I participated in where defense did not quote ACOEM,”
4. SB 655 in conjunction with the CDPH still promoting “garbage science” over the mold issue most likely explains the odd HuffPo blog by someone who has never written anything over the mold issue, Blair King, Ph.D. This recent policy under SB 655 falsely being promoted as to the benefit of both “landlord and tenants” explains the marketing need for the November 4, 2015 deceptive HuffPo article by self-proclaimed “evidence based science” blogger, Mr. King, “The Truth About Toxic Mold”
For reference is support of his Untruth about Toxic Mold, Mr. King cited a key marketing-statement from the now retired ACOEM Mold Statement without disclosing it was from the retired position statement of ACOEM.
“As for the mycotoxins, the research is also clear: Current scientific evidence does not support the proposition that human health has been adversely affected by inhaled mycotoxins in home, school, or office environments (Hardin Kelman and Saxon, 2003)”
5. When caught marketing the debunked risk assessement model and questioned on Twitter about Mr. King’s attempt to resurrect the dead and deadly fraudulent Veritox Theory as legitimate science, the following exchange occurred:
Question from MoldRevolution (Sandy Wolfe): ”Blair do you care to retract your article or at least correct it?”
Blair King’s Reply: “The article that says the exact thing as the CDC and CA Dept of Health? No thanks, I’m good”.
6. It’s sad, but predicable that the gov’t backed and debunked insurer fraud by misapplication of a fraudulent risk assessment model – the Veritox Theory – continues to rear its ugly head long after being widely and publicly discredited many times over.
To again quote Dr. Shoemaker from the March 9, 2015 WorkCompCentral article:
“They don’t have anything else,’ Shoemaker said. ‘The British were throwing rocks at Washington as he crossed the Delaware River because the Hessians were too drunk to fire their muskets.”
7. This week’s communication with the office of California Governor Jerry Brown re: California’s criminal role in mass marketing insurer fraud over the mold issue via aiding the use of the debunked Veritox Theory to continue in policy, courts and physician miseducation:
“In a message dated 11/18/2015 12:30:27 P.M. Pacific Standard Time, email@example.com writes:
Re: Do Something About the Corruption in the California Courts
Thank you for contacting Governor Brown regarding your experiences with a California Court Judge. The matter you discussed falls under the jurisdiction of the Commission on Judicial Performance. In order to ensure your concerns are properly addressed, please contact their office directly at:
Commission on Judicial Performance
455 Golden Gate Avenue
San Francisco, California 94102
We hope you find this information useful, and thank you again for contacting our office.
Office of Governor Jerry Brown”
Reply: “In a message dated 11/18/2015 12:50:40 P.M. Pacific Standard Time, SNK1955@aol.com writes:
NO! No more buck passing. People are dying.
With all due respect, the CJP has played a major role in aiding the systemic corruption to continue. The primary Justices I am complaining of are Justice Judith McConnell, former Chair of the CJP, and Justice Richard Huffman, former Chair of the Executive Committee of the Judicial Council.
This is not a small problem and the CJP has already refused to punish their former Chair for case fixing and covering up falsification of court documents. Its a multi-billion dollar insurer fraud scam they have been aiding and abetting by fraud upon the court.
This past weekend, I gave a presentation on this at a medical conference in AZ.
I blew a whistle on fraud over the mold issue in 2005. McConnell et.al. framed me for libel to keep the fraud going. They suppressed the evidence that a retired CDC NIOSH employee was an undisclosed party to the SLAPP. They suppressed the evidence that his business partner committed perjury to manufacture reason for malice.
They suppressed the evidence that the 2008 judgment from the case was back-dated and void on its face — as the jurists continued to use the void document as a foundation for a second SLAPP to try to silence me of their fraud in the first.
People all across the US are dying because of McConnell’s et.al.s decade of fraud upon the court.
There is a reason why the CA judicial branch just received an “F” for judicial accountability in a survey by the Center for Public Integrity.
NO!!!!!!!!!!!!!!!! No more buck passing.
Please read the below and its links. Its long past time for some accountability in the judicial branch — and the CJP is too politically compromised to do it.
This matter requires criminal prosecutions to save lives. The Governor’s office can be part of the process or part of the blind-eye problem.
When is Governor Brown going to do something to rid the Judicial Branch of criminals?
8. Governor Arnold Schwarnegger endorsed the fraudulent Veritox Theory/ACOEM Mold Statement into CDPH policy “Mold in Indoor Workplaces” in October of 2005. This was one month after the first California Judge, Michael P. Orfield (retired), suppressed the evidence in a September 2005 anti-SLAPP ruling that Mr. Kelman committed perjury to manufacture a reason for malice while trying to shut me up of the multi-billion dollar insurer fraud scam. TEN YEARS AGO!!!
Because of a decade of systemic corruption and retaliation under the color of law in the California courts, the debunked Veritox Theory continues to weasle it way into policies while disabling and killing people — all for the sake of the almighty dollar.
9. For a greater understanding of the unethical and criminal roles the State of California has played in mass-marketing hateful, discriminatory, and deadly insurer fraud over the mold issue from coast to coast please read,
Sharon Noonan Kramer ~~ Retaliated against whistleblower for now ten years…and still not shutting up while people are dying from systemic corruption and cronyism over the mold issue! firstname.lastname@example.org
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