"The price of justice is eternal publicity." Arnold Bennett
| Ken Hamidi's Court Ruling Against Intel |
Ken Hamidi's Court Ruling Against Intel FACE Intel's Comments About Court Ruling Ken Hamidi's Civil Case Against Intel
WORKERS' COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA
KOUROSH (KEN) HAMIDI Case No. SAC 186921
Applicant
VS. FINDINGS INTEL CORPORATION, AND
Defendants.
AWARD This matter having been regularly submitted, William Scott, Workers' Compensation Judge, now makes his decision as follows:
FINDINGS OF FACT:
1. Stipulations set forth in the Minutes of Hearing of September 13, 1995 are incorporated herein as findings of fact.
2. This injury has included injury to the psyche.
3. The medical record does not disclose specific injury to the arms as distinguished from area where symptoms are manifested from cervical injury. Jurisdiction is reserved for any specific findings required with respect to alleged right or left arm injuries in conjunction with any further proceedings relating to permanent disability.
4. The injury caused temporary total disability from January 23, 1992 to date and continuing.
5. It is too early to determine permanent disability.
6. Defendant is entitled to credit for third party recovery of $9,738 and for voluntary plan benefits to the extent of $266 per week January 23, 1992 through April 28, 1992 and at $336 per week from April 29, 1992 through January 22, 1993.
7. A reasonable interim fee for applicant's attorney is $6400.
8. There is need for further medical treatment to cure or relieve from the effects of the industrial injury.
9. Applicant's earnings were $804.99 per week, producing temporary total disability indemnity rate of maximum for various dates of payment, not to exceed compensation of $536.69 per week.
10. To the extent that any of the medical-legal reports or expenses were obtained or incurred with the applicant providing the history of loss of or inability to pay the mortgage on his home or having to live in rental property or apartment, are based upon a false presentation of facts and are not reasonable medical-legal expenses. Parties should attempt to adjust what medical-legal expenses defendant should pay in light of this finding and any remaining amounts may be determined in further proceedings or allowed as a lien against compensation at that time.
AWARD:
AWARD IS HEREBY MADE in favor of APPLICANT and against DEFENDANT as follows:
A. Temporary total disability indemnity, payable at $266 per week from January 23, 1992 through April 28, 1992, less credit for voluntary plan benefits to the extent of $22 for those weeks, than at $336 per week from April 29, 1992 through June 30, 1994, less credit for voluntary plan benefits at $336 per week from April 29. 1992 through Jan 22, 1991 and then $406 per week July 1, 1994 through June 30, 1995, than at $448 per week July 1, 1995 to date and continuing, less credit for $9,7 8 3, less $6400, payable to Law Office of Michael W. LaRoche as attorney's fee.
B. Such further medical treatment as may be required to cure or relieve from the effects of the industrial injury.
C. Self-procured treatment to be adjusted with above findings with jurisdiction reserved.
DATED: APRIL 3 1991
(Signed by Judge William Scott)
WILLIAM SCOTT
Workers' Compensation Judge
Served by mail on above date on all parties as shown on the Official Address Record.
FACE Intel's Comments Ken Hamidi's Court Ruling Against Intel:
Since April of 1996 Mr. Hamidi has made several documented attempts to get compensated per the above court order, but always Intel has responded with total lawlessness and arrogance.Mr. Hamidi has personally met and contacted with former vice president director of Intel's Human Resources, Kirby Dyess and present vice president director of Intel's Human Resources, Patty Murray and other high level Intel officials including president of Intel Mr. Craig Barrett to convince them that Intel has to comply with the court order, which was decreed in his favor, but Intel's executives have always persistently and arrogantly exhibited bad faith with an attitude of being above the law and lawlessly have refused to honor the Honorable Judge William Scott's ruling of April 3, 1996.
Prior to the court hearing of September 13, 1995, repeatedly Mr. Hamidi appealed to Mr. Barrett through several correspondences and telephone conversations in order to gain support to get treated and accommodated that he can get back to work. Finally in early 1995 Mr. Barrett told Mr. Hamidi: "I can not help you, and lets the law take care of this matter." If Mr. Barrett really meant what he said, why is it that they do not obey the law? What kind of law did Mr. Barrett refer too? Wasn't Mr. Barrett referring to their own dictatorial law that they impose upon their employees?
Ken Hamidi's Civil Case Against Intel
Mr. Hamidi's civil case # 96 AS 05664 in Superior Court of Sacramento was not dismissed in favor of Intel, rather on April 20, 1998 it was dropped by Mr. Hamidi himself. This is a public information and available to all including Intel officials whom are publicly lying about the facts regarding this case.
Intel officials whom are selectively having amnesia must acquire and study the Executed Settlement Agreement dated June 3, 1998 between Ken Hamidi and Intel regarding Mr. Hamidi's civil case# 96 AS 05664. If still you have a hard time remembering this document, this is the agreement that you mercilessly forced upon Ken Hamidi by unleashing your ferocious legal bulldog, Linda Shostak of Morrison & Foerster (MOFO) whom sent two terrorizing letters to Hamidi's attorneys.
Ms. Shostak utilized her MOFO's "art of lawyering" by threatening them that if they do not get Hamidi to drop his case they will be sued for the enormous legal expenses of Intel (which we think at $500 per hour for Ms. Shostak and exuberant charges by MOFO was over $250,000 at the time). This is how Intel's commonly practiced unethical legal tactics effectively worked on Mr. Hamidi's two attorneys (whom worked on 100% contingency basis). This is nothing but an obvious and clear mobbing tactic.
Hamidi's attorneys several times tried to convince Hamidi to drop his case. Considering the type of evidence that Hamidi had, specially the confession of Intel's HR vice president under oath and admitting to their own fault and guilt, Hamidi's attorney's behavior seemed rather odd and suspicious. Hamidi did not respond to these Intel's intimidations and his attorney's submissive and suspicious advices and persistently expressed the desire to take Intel to court in order to see justice served.
Obviously if there was a secret plan, it was not working on Ken Hamidi and his attorneys failed to hand his head on a silver platter to Linda Shostak of MOFO who had promised it to Intel. Hamidi had endured severe hardship and survived Intel's merciless destructive mobbing tactics for years. Therefore, the only plot that could work was to surprisingly corner him to face a dilemma, which under too much of pressure would seem the end of the road and get him to dismiss the case. So did Hamidi's attorneys, they kept pretending that they were going to take Intel to court without having that intention at all.
MOFO and Hamidi's attorneys knew that he did not have any financial resources whatsoever. But they were convinced that if they give him several months of notice and stop representing him, he'll find another attorney to represent him. Therefore, deliberately they waited until the day before the deadline of filing opposition to Intel's summary judgment motion.
On April 4, 1998, at 7:00 PM, Hamidi was in Dave Hurd's office, when he assured him that opposition brief was ready and would be filed on April 5, 1998. Ken Hamidi happily left Hurd's office in Placerville California and went home. Around 8:00 PM on April 4, 1998 Hurd called Hamidi to tell him that he received a call from his co-counsel Mark Strom and they decided not to represent Hamidi and they are not going to file the opposition brief. Hurd added, "If we file the opposition and lose the summary judgment motion, Intel can come after us for legal expenses.". This news obviously was most shocking and devastating for Hamidi. "What is the reason for this decision?" Hamidi asked. "Because, in the deposition that Intel took from you, you forgot to mention that they have to accommodate your disability." Hurd said.
Hamidi who had no resources and was under enormous financial pressure already with a paralyzed mind could not figure out this plot. So, he asked Dave Hurd, "What should I do now?". "The best is drop/dismiss your case by 4:00 PM tomorrow. This way you wont lose your case by default and Intel can not come after you for their legal expenses." Hurd said. Then Hamidi asked "Since the brief is ready can you give it to me and I file it from my behalf?". "No, I can not do that, we'll be still responsible. I advise you to drop your case and if you want I'll prepare the paper that you need to file with the court.".
Ken Hamidi was totally shocked, confused, angry, helpless, and hopeless. Ken and his wife were extremely depressed and angered over the unexpected betrayal of Ken's attorneys that night. Ken's wife was overblown by this news and consequently suffered a very bad seizure while she was sleep that night. Ken who was overwhelmed by the deliberately created extremely stressful situation had to rush his wife whom seemed was dying at the time to emergency room about 1:30 AM of April 5, 1998. She was treated and and Ken took his wife back home around 5:00 AM that morning.
Later that day Hamidi who lives in Citrus Heights California had to drive to his attorney's (Dave Hurd) office in Placerville, which is about 40 miles away and pick up a dismissal paper that he had prepared. The title of this paper was a "Settlement Agreement". Hamidi said to his attorney "I have no settlement agreement with Intel, I am just dismissing my case because I have no other choice.". "Well, this is the only thing that we can do under circumstances and is the best way for you to get you off the hook with impunity." Hurd said. "To get off the hook? Until last night I had a case that we all thought I am going to easily win if we went to court. You guys for whatever the reason is changed your minds drastically and put me in this predicament and I am forced to dismiss my case only because under these circumstances have no other option, right?". Hamidi responded to Hurd. "Well, you see, what else can we do?" Dave responded. "You have had the transcript of my deposition since over a year ago, if they excuse that Mark Strom is bringing up this very last moment is that important how in the world he did not tell me months ago that I could find another attorney? Why should he talk about such a stupid reason at very last minute and leaves me option less?" Hamidi asked. "Ken, you know that I do not have experience with litigation and I am depending on Mark Strom, if he does not want to do it I really can not do anything.".
Ken was so tormented by this devastating conspiracy that he could not think straight. Brokenhearted and desolate, unwillingly and reluctant while under extreme conditions was made to believe by his own attorney that there was no other option, he took the document from Dave Hurd, signed and drove for about 45 miles to Downtown Sacramento to file the document with Superior Court of Sacramento. And this was the end of his civil case against the mother of all evils and bullies, Intel corporation.
Those who are familiar with workers compensation law know that plaintiff is not supposed to ask for accommodation and rather under American With Disability Act, it is responsibility of the employer to accommodate the medical conditions of the injured employee. So, obviously Hamidi's attorneys excuse for dropping him in last minutes was a total lie and was only meant to put him in a jam, excessively stress him, and without any option force him to collapse. Ken also learned later that any attorney no matter how lousy and incompetent knows very well that dropping a client the night before the deadline of filing opposition brief is totally unacceptable by the court and attorney can easily lose his/her license by pulling such a trick.
Knowing that Hamidi's attorneys stunt was a deliberate conspiracy and was meant to force him to dismiss his case in favor of Intel. They had a clear knowledge that they are risking loss of their license.
If that is obviously the case, what and how they were motivated them to do such a drastically unethical thing to their client?
What was role of MOFO in this apparently ingeniously planned plot?
Why is it that Intel deliberately, intentionally, emphatically and repeatedly has lied about the outcome of the case to many reporters and to 65,000 Intel employees when very well and clearly they knew that Hamidi dismissed his case? When it was and is crystal clear to them that dismissal of a case can never be mistaken or misinterpreted with loss of a case.
This proves that this corporation is evil, deceitful, and corruptive. They always lawlessly bully innocent helpless people and deprive them of justice. They cheat, lie, and mercilessly victimize innocent people.
If Mr. Hamidi had financial possibilities that did not have to rely on corrupt attorneys who sold him out, with the type of evidences he had in support of his claim he could have easily defeated Intel. Indisputable and most favorable evidences like confession of Kirby Dyess. Former director of Intel's HR (Kirby Dyess), under oath, in a deposition regarding Mr. Hamidi's case # SAC186921 confessed that Intel violated its own policy when they terminated Mr. Hamidi in April of 1995.
Ms. Patty Murray (Former MOFO attorney) who is a Vice President and present Director of Intel's Human Resources is shamelessly and boldly lying about the facts of Mr. Hamidi's workers compensation and civil case to over 65,000 Intel employees. Ms. Murray and Linda Shostak of MOFO, call these terrorizing, intimidating and unethical mob behavior acts "art of lawyering" and we call it "legal mobstering" That is why FACE Intel's members whom after Intel have further been victimized by MOFO's unethical and terrorizing legal tactics call them (MOFIA).
Linda Shostak, whom is a Harvard Law School graduate and a 24 years veteran and senior partner of second largest law firm in the world (MOFO), by unlimited resources of Intel at her disposal can easily threaten, frighten, intimidate, overpower, and overwhelm any attorney that any employee can afford, simply she is nothing but a BULLY. Due to lack of financial resources most of employee's cases are on contingency bases, therefore most vulnerable legal defense and or offense system. With bad faith Intel has been and is premeditatedly through a MOFIA type of system mobbing and destroying the lives of any employee who stands to fight for his/her rights.
This is why FACE Intel has chosen to peacefully through a nonviolent communication methodology, by exercising our constitutional rights of FREEDOM OF SPEECH, and utilization of mass and instantaneous communication power of Internet fight back. To inform and educate Intel employees, students and public. We believe that this peaceful and nonviolent mass communication technique via Internet will prevail. That is why Intel is badly scared of it and is frantically attempting to monopolize the communication on Internet before this method of mass communication becomes popular and widely practiced amongst workers in the industry.
