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Will's Erin Brockovich Case

Organized by: William Brown

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Will's Erin Brockovich Case In short, Will is a sixty-one year old man that has been out of work for almost a year now because of slowly deteriorating health due to over-exposure of chemicals on the job. When the doctors finally said that his many ailments were due to the over-exposure, Will lodged two complaints with the Federal department of Labor, OSHA division. There is Federal doctrine called the “ultra-hazardous activities doctrine” that cover such chemicals as cyanide, arsenic, hexavalent chromium(VI) and many others. OSHA investigated and determined that the company had been violating many laws (USC 190.1026) and that the over-exposure possibilities were more than just the hexavalent chromium(VI). In fact, many fines and penalties were levied against the company for many “ultra-hazardous activities” due to the extremely high counts of hexavalent chromium as well as extremely high counts of beryllium, cadmium, crystalline silicate quartz, and lead... all in dust form. (I'm not sure of the exact count right now as to how many fines and penalties, but I do know that there were well over fifteen on one page, and the fines and penalties were well over a couple hundred grand which all goes to the government, and ... none of which will go to help Will.) As all of these poisons were in dust form, Will had been unknowingly inhaling the poisons as well as ingesting the poisons. His body simply had enough abuse. Easy to understand is that now for all intents and purposes, there goes Will's health, means to support himself, and his health insurance. So, off to see the lawyer, right? Turns out that it doesn't quite work out that way. Even in the Erin Brochovich case which put hexavalent chromium(VI) in the public’s eye, and showed all of the terminal illnesses introduced by hexavalent chromium(VI) in 1993, it was a long, hard fought battle. Big business, Pacific Gas and Electric Company came out the losers one that one. Then laws were written. Federal laws. And surely more court fights have happened. Now the lawyers explain that new court decisions in 1993 require that for one to prevail in a law suit involving ultra-hazardous activities, that person must be able to prove how much poison they inhaled or ingested which is virtuously impossible. That is like finding out that for the past year somebody has been putting arsenic in your coffee enough to make you sick (which also means that the arsenic is in you), but now you have to prove not only that you have arsenic in you but how much arsenic that person is responsible for. Yeah-right. So, again big business has the hole to get out of trouble on this one. Now, the situation is like this; When Will first got so ill that he couldn't work any longer the landlord extended his grace by saying that, “Well, I'm certainly not going to kick you under a bridge. I know you, you will pay me when you get better. So for awhile that seemed as a big help which now seems like a big bill. And where the landlord showed grace, the electric company, the internet / cable / phone company did not. Neither do the doctors that write bills, ambulances, and pharmacies. Everybody knows how to pile on the bills. Neighbor Jake has provided a power cord and runs electricity so Will at least has a light a night and can use the wi-fi from time to time, and checks on Will everyday. Many other neighbours stop by to check on him and bring food, so he doesn't starve. But he still has immediate needs. Although not being nasty about things, Will's landlord has (more than) suggested that thing are getting tough for him to continue as time goes on. Willis thousand of dollars in arrears to the landlord, and it is surely over a thousand to get his electricity turned back on which will get him hot water for bathing, etc. He has now fallen behind on his child support which he has been loath to have happen as no child needs to think of is father as a deadbeat father. (Most of Will physical problems have been kept from the boy.) And we are seeing a need to build a ramp into his home for the future to make is accessible by wheel chair. Although he is not bound full time to a wheel chair yet, we are making plans before the necessity is here. In closing, Will would like to acknowledge and thank Will's Landlord Rob, for extending his grace, and to neighbor Jack who gave even through and past his own pains and poverties, to Bud and Brenda, neighbors Stewart, Ray and Stephanie, Jake (especially for the electricity), and _________, all who have helped by providing food stuffs and companionship throughout this time of need. And to Will's dear friend Paul who has helped so very many times with the transportation needs. I would like to thank Cleave his family and all of the church-members who have cared and prayed so much. So much love and caring is hard to describe. Lastly, Thanks need to be sent out to CrowdRise for providing this platform for people to make their cries known and to present their individual causes, and the CrowdRise Community that can make changes to make the world a better place than when we found it. There is the thing called a debt of gratitude. Then there is the thing that is “The debt of Gratitude that brings tears”. That is what Will discovered.


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William Brown

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