Speaker 1: Mhm Ugh, you need advice, so you don't have.
Speaker 2: Come run in Just as as we can.
Speaker 3: Shooter's gonna help come Man Dix. Is the Troubleshooter Show. Now,
Speaker 3: Tom Martinez.
Speaker 2: Kello, I'm Tom. What's happening.
Speaker 4: We are here for those tuning in to solve problems,
Speaker 4: answer questions, take complaints. It really is the only show
Speaker 4: anywhere that does stuff like this, and we talk about
Speaker 4: everyday aches and pains, the things that tick you off,
Speaker 4: the things that make you tick. This hour brought to
Speaker 4: you by and by the way, we're proud of our sponsors,
Speaker 4: but we also hold them accountable. I want to make
Speaker 4: that very clear. If you have a problem, you can
Speaker 4: contact us. Now that doesn't mean you're automatically right, but
Speaker 4: I'll tell you what. They have to dance to a
Speaker 4: different tea un and a higher standard and they all
Speaker 4: know it. Water Pros, for example, the best water system
Speaker 4: anywhere at the lowest prices. Waterpros dot net three three
Speaker 4: eight six y two five five five four. When I
Speaker 4: say that, I mean it. So when I talk about people,
Speaker 4: I want you to hold my feet to the fire.
Speaker 4: I just got a message today from a guy who says, ah,
Speaker 4: he starts out by saying you're automatically going to side
Speaker 4: me your sponsor because they pay you know how many
Speaker 4: years I've been hearing that nearly fifty years, But it's
Speaker 4: not true. Here's the deal. Sponsors are important, they're part.
Speaker 2: Of the effort.
Speaker 4: They help us, they help us help others at no
Speaker 4: charge to people. But that doesn't mean we just let
Speaker 4: anyone come on and spout nonsense.
Speaker 2: Do things. Now.
Speaker 4: We've made a couple of mistakes over the years, not many,
Speaker 4: but as soon as we find out, we correct it,
Speaker 4: unlike anywhere else you'll ever see in the million years.
Speaker 4: So let's talk about your life, liberty, and the pursuit
Speaker 4: of happiness. If you're on YouTube wondering where we are
Speaker 4: or listening, we had to reboot the computer.
Speaker 2: I know Mark loves when I say this.
Speaker 4: But I change nothing here, nothing, no settings and things change.
Speaker 4: They say, what did you do? I said, I did nothing.
Speaker 4: It's the same old song. Hey stop that, that's Shannon
Speaker 4: making us. But really it's the age old thing.
Speaker 2: What happened?
Speaker 4: Nothing happened, Nothing happened. Everything's the same. I change nothing,
Speaker 4: everything's set in stone. And then these guys wonder what
Speaker 4: went wrong? Anyway, that's technology. Let's talk about your life.
Speaker 4: Mike wants to talk about workers. Compton Deputy Doc says
Speaker 4: he has a follow up, and then I have a weird, weird,
Speaker 4: weird inquiry about a bitch. Okay, Mike, what's going on?
Speaker 5: Okay? Yeah, I had a workman's comb accidental back pretty
Speaker 5: much my right side shoulder.
Speaker 2: What happened? What happened? Man?
Speaker 5: I pull cable for a living. I was doing glow
Speaker 5: volt underground work and pulling conto it and things, digging trenches. Yeah,
Speaker 5: and we were pulling off a big spool to come
Speaker 5: to it. It's about a two thousand foot school at
Speaker 5: about two hundred feet, pulled out the spool, rolled back,
Speaker 5: twisted me around, put me on the ground.
Speaker 2: How did the spool recoil?
Speaker 5: There was another guy in the end that's supposed to
Speaker 5: keep it moving, but we were shorthanded that day.
Speaker 2: Did it pull your shoulder?
Speaker 5: It completely whipped me around, twisted me completely around, pulled
Speaker 5: my shoulder and twisted my back everything all in one
Speaker 5: motion there and laid me out.
Speaker 6: Wow.
Speaker 2: Okay, So what's going on?
Speaker 7: Bro?
Speaker 2: And that's a terrible thing to happen.
Speaker 5: Yeah, I was a little painful. I went to the
Speaker 5: you know, suggested Workmen's Comp concentra that the.
Speaker 4: Well, yeah, when when the employer and by the way,
Speaker 4: just for those listening, workers Comp was established to make
Speaker 4: it possible for companies to do business without threats of lawsuits.
Speaker 2: So they established a schedule.
Speaker 4: Of injuries and payments and insurance and blah blah blah. Okay,
Speaker 4: Now for the most part it works okay, but it's
Speaker 4: become pretty abusive because some of the carriers were workers
Speaker 4: comps set up docs and and really you put in
Speaker 4: a claim, you go to a doc, and most of
Speaker 4: the time, unfortunately, the doc says, yeah, you had a
Speaker 4: problem before, the work didn't cause it, or you don't
Speaker 4: have a problem.
Speaker 2: You can go back to work.
Speaker 4: It's it's unfortunate, not all the time, but sometimes they
Speaker 4: tend to skew toward the work, the the insurance company
Speaker 4: and the employer, and so you sometimes have to get
Speaker 4: an attorney to fight for you. But you filed the
Speaker 4: workers comp claim and you were sent to an independent
Speaker 4: medical examiner right or to the workers comp doc.
Speaker 2: What happened?
Speaker 5: Yeah, well, I can cent her. The very first doctor
Speaker 5: saw me, he did an extra in my back just
Speaker 5: told me he had an old back. He wouldn't do
Speaker 5: on on the shoulder or the elbow. As time went on.
Speaker 2: He well, how long ago is this injury?
Speaker 8: Bro?
Speaker 2: How long?
Speaker 5: Twenty one? December of twenty one?
Speaker 4: Oh my gosh, Oh my gosh, this was December of
Speaker 4: twenty twenty one.
Speaker 2: Okay, so keep going. What's happening now?
Speaker 5: All right? So anyway, six weeks at reab. He sent
Speaker 5: me down to physical therapy for six weeks? Did that?
Speaker 5: He went on. In the meantime, his pa was seeing me.
Speaker 5: His PA and the PT both suggested I get an
Speaker 5: MRI on my back, on my shoulder. The PA ordered it,
Speaker 5: the insurance company approved it. He comes back in vacation.
Speaker 5: I've already had AMRI.
Speaker 4: Do me a favor, Mike, do me a favor. I'm
Speaker 4: going to let you tell your story. What are you
Speaker 4: complaining about today? I mean, in a word literally or
Speaker 4: a sentence. Is it billing? Is it therapy? Is at work?
Speaker 2: What is it? But in general?
Speaker 3: Uh?
Speaker 5: Basically, he didn't. When he came back to vacation.
Speaker 4: He basically, what are you complaining about? Is it the
Speaker 4: billing part?
Speaker 2: Money?
Speaker 4: Does it have to do with money? Does it have
Speaker 4: to do with your job. Does it have to do
Speaker 4: with care?
Speaker 5: He caused me to lose my job. I quit all
Speaker 5: my care after six weeks that I was healthy, Okay,
Speaker 5: didn't I didn't do any follow ups any So he said, you.
Speaker 4: Were medically you reached what was called maximum medical improvement,
Speaker 4: and you should go back to work.
Speaker 5: Yes, though the insurance come here to prove the MRIA.
Speaker 5: I never got it on my shoulder.
Speaker 2: Oh you never got it? Why didn't you? So the
Speaker 2: doc said you reached MMI.
Speaker 5: Yeah, the day he got back in vacation.
Speaker 4: The first rank got it. I got it, man, I
Speaker 4: get the vacation part. And how you didn't like that?
Speaker 4: So the doc said, you reached. And by the way,
Speaker 4: none of this has anything the reason I'm saying.
Speaker 2: He said you reached MMI.
Speaker 4: And you keep saying, well, he came back from vacation,
Speaker 4: I was under his pet, his physician's assistant, blah blah blah.
Speaker 4: None of that matters. None of that matters when it
Speaker 4: comes to appealing. And I'm assuming you appealed, because if
Speaker 4: you didn't, you ran out of time. So back in,
Speaker 4: when did he say you reached maximum medical improvement?
Speaker 5: On January twenty first of twenty two.
Speaker 2: Wow, what a month later?
Speaker 5: Yep?
Speaker 4: Oh man, that was fast. Huh okay? So then what
Speaker 4: so you created? So they were expecting you to go
Speaker 4: back to work and you didn't feel like you could.
Speaker 4: So let me make along. Did you get fired or
Speaker 4: did you quit?
Speaker 5: I get fired? Basically they let me go since they.
Speaker 2: Can Now why did they?
Speaker 4: Did they let you go because you refuse to go
Speaker 4: back or because when you did go back you couldn't
Speaker 4: do the work?
Speaker 2: What was it? What was the reason they gave? Officially?
Speaker 5: I could not go back to work. I asked for
Speaker 5: light duty. They wouldn't give it to.
Speaker 2: Me, okay, And so then you didn't show up.
Speaker 4: Then if they they didn't give you light duty, and
Speaker 4: you thought, man, I can't do this right right, Okay,
Speaker 4: I get you? And then they said, well, if you
Speaker 4: can't do the job, you don't get you.
Speaker 2: You don't have your job anymore? Right?
Speaker 5: Right?
Speaker 4: Did they make Did you make any kind of settlement whatsoever?
Speaker 4: Did you hire an attorney?
Speaker 2: Did you do anything to help yourself? Yet?
Speaker 7: Yeah?
Speaker 5: I did all of that.
Speaker 2: Now did you have an attorney?
Speaker 5: I did?
Speaker 2: What did the attorney do?
Speaker 5: He pretty much folded on the first offer.
Speaker 4: Well wait, wait when you say offer, is this an
Speaker 4: offer after they fired you?
Speaker 5: Yes, this was almost a year later.
Speaker 4: Did the doctor claim that when you reached MMI that
Speaker 4: you had any percentage of disability?
Speaker 5: Nope? He said, no limitations, no restrictions.
Speaker 4: Okay, okay, now you disagreed with that. So when you
Speaker 4: hired the attorney, it was to go sue them because
Speaker 4: you thought it was a bad deal.
Speaker 5: I was just going through the workmen's comp process, going
Speaker 5: to the hearing.
Speaker 4: And did you have a final hearing and did you
Speaker 4: have an outcome?
Speaker 9: No?
Speaker 5: We never made it to the hearing because my lawyer
Speaker 5: wasn't prepped and he said he'd have to postpost.
Speaker 4: Where does it stand? Is what I'm asking man, Where
Speaker 4: does it stand? You didn't get a final ruling, so
Speaker 4: where is it? Is it still in litigation?
Speaker 9: Now?
Speaker 5: We settled because my lawyer, like I said, he wasn't prepped.
Speaker 5: He said, how much did.
Speaker 2: You settle for?
Speaker 5: Sixty?
Speaker 2: Okay? Now you're calling for what that?
Speaker 3: Now?
Speaker 2: I got it.
Speaker 4: You don't like any of this. You settled for sixty.
Speaker 4: When we come back, I want you to I want
Speaker 4: to know what you want us to do. We're going
Speaker 4: to prime our attorney who does workers comp to have
Speaker 4: them standing by so we can give you some advice.
Speaker 4: Get Cliff Enton on Enton Law Kachina. I'm Tom Martine.
Speaker 4: This happens all the time. However, sometimes people may wait
Speaker 4: a little too long. I don't know what's going to
Speaker 4: happen here. But for everyone working, you want to hear this, okay.
Speaker 4: And by the way, Denverregen dot com speaking of injuries.
Speaker 4: Of course workers Comp won't pay for it, unfortunately, but
Speaker 4: a lot of people do stem cell therapy Denverregen dot com.
Speaker 2: I love these people. They do a great job.
Speaker 4: Denverregen dot com. Go with a sure thing Denver's best
Speaker 4: roofer Excel Roofing dot com. Pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three all three seven
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two. I'm Tom Martino,
Speaker 4: you're a troubleshooter.
Speaker 2: I want to get cliff Enton on. I'll call him,
Speaker 2: I'll get him on.
Speaker 4: We're just gonna call him from my phone here and
Speaker 4: uh try to get him on here. Three oh three
Speaker 4: seven one three talk seven one three A two five five. Hey,
Speaker 4: what's happening though?
Speaker 2: Really?
Speaker 4: Uh, we're going to try to get an answer for
Speaker 4: this worker's colm. Uh but uh so please hang on, Mike. Okay,
Speaker 4: I promise you, we'll get to you.
Speaker 2: Sherry. What's going on with you? Sherry? Welcome?
Speaker 9: Yeah?
Speaker 10: Is it Tom?
Speaker 2: Yes, it is Sherry. What's happening?
Speaker 9: Okay?
Speaker 10: Oh my gosh?
Speaker 11: Okay?
Speaker 10: So I was hired by so many toxic I was
Speaker 10: hired by an agency to be a home healthcare provider?
Speaker 4: Okay, so it was an agency that you worked for?
Speaker 2: Yes, great?
Speaker 12: Correct, all right?
Speaker 10: One week short, one week short of a year. So
Speaker 10: what happened is I'd gotten even great Google reviews that
Speaker 10: I was doing a great job, never once caught a complaint.
Speaker 10: I had kept asking them, how come I'm not getting
Speaker 10: paid for two people? I should at least be getting
Speaker 10: twenty you know, I was getting sixteen?
Speaker 2: Why were you let go? Though? To begin with why
Speaker 2: Okay I missed that part because.
Speaker 10: Okay, why I was terminated? Where what it came down through?
Speaker 10: This all happened in a three week period. I injured
Speaker 10: myself trying to protect the woman from a fall. And
Speaker 10: this is after I'd already been complaining about Hey, I
Speaker 10: went to the doctor. She now wants me to go
Speaker 10: to the emergency room. But now they're ignoring me. They
Speaker 10: terminated me in the moment because they claimed and I
Speaker 10: stole a ring, but then they found it.
Speaker 4: Do you think they were looking for Sherry? Do you
Speaker 4: think because you were complaining about pay and you got injured,
Speaker 4: they're thinking this girl's like she's trouble.
Speaker 10: Yes, I think. But I lasted the I mean I
Speaker 10: it was my first I hadn't complained, There had been
Speaker 10: no issues. Like I said, they loved me. They would sometimes,
Speaker 10: you know, they would buy me gifts. I mean, it
Speaker 10: was never a complaint, never want to complaint. And then
Speaker 10: the woman.
Speaker 4: Then, but what is the official reason you were like,
Speaker 4: what is the official reason you were let go?
Speaker 10: The official reason was that I stole the ring, but they.
Speaker 5: Found the ring since and how do you know they
Speaker 5: found it?
Speaker 10: I heard from the son who lives in Florida because
Speaker 10: he still talks to the couple that I took care
Speaker 10: of because they didn't want me gone. They were so
Speaker 10: sad and they kept begging for me to come back,
Speaker 10: and they were they.
Speaker 2: Were so they told you.
Speaker 4: They actually said to you, Sherry, we have to let
Speaker 4: you go because there's a ring.
Speaker 2: Miss.
Speaker 10: Yes, I'll have it all in text. It was all done.
Speaker 4: Oh good, save that, save that, save that. So then
Speaker 4: what happened after that?
Speaker 10: Okay, so as they won't communicate with me now?
Speaker 2: And did you not get did they withhold? Did they
Speaker 2: withhold pay?
Speaker 10: Yes, they've even withheld pay.
Speaker 2: I think how much pay.
Speaker 12: So far?
Speaker 10: It's what they want paying me that they should have
Speaker 10: been because I had contacted Medicaid to find out was
Speaker 10: I supposed to be paying because Medicaid covered them.
Speaker 4: And that's yeah, but you don't necessarily, Shrey, you don't
Speaker 4: necessarily get what Medicaid reimburses, you get whatever.
Speaker 10: I know that, but I wanted the two people pay,
Speaker 10: not one people pay. That's all because I know they
Speaker 10: get something like thirty six for patient or something, but
Speaker 10: I was only making fifteen. I was fine with that.
Speaker 4: But here's what I need Cherry, I need to understand this.
Speaker 4: Now you're saying that in one household you were taking
Speaker 4: care of two people, correct, And you're saying that when
Speaker 4: you went to work, it was your understanding you would
Speaker 4: be paid per person.
Speaker 10: Yeah, because that's how it works.
Speaker 2: Like, it doesn't matter.
Speaker 4: It doesn't matter what Medicaid pays for two people.
Speaker 3: They don't know that.
Speaker 10: But I was just letting you know they were there,
Speaker 10: both covers.
Speaker 4: But it doesn't matter, Sherry, Sherry, Please, I want to
Speaker 4: help you, I swear to God, but you have to
Speaker 4: have the right argument. If you go in saying there
Speaker 4: were two people, they weren't paying me for two people
Speaker 4: and Medicaid they're both covered. But your job was to
Speaker 4: get paid by the hour, no matter how many people.
Speaker 4: You don't have an argument. I need to know what
Speaker 4: was your agreement with the agency when you went to work.
Speaker 4: It doesn't matter who's covered in the house. What matters
Speaker 4: is as long as they're paying you minimum wage, you're
Speaker 4: covered unless they they like to you.
Speaker 10: What did they say, Okay, So how I did it
Speaker 10: was they said for the first four hours you'll be
Speaker 10: paid for the life, and then for the second four hours.
Speaker 10: But it was always you know, I worked way more
Speaker 10: than forty two hours a week, but they said then
Speaker 10: the second four hours will be the husband, and that
Speaker 10: like so they would separate it like that.
Speaker 4: They would do so you would only be paid for
Speaker 4: one at a time, is what they're saying.
Speaker 2: Exactly.
Speaker 4: Yeah, because they were trying to profit more. I understand that.
Speaker 4: But however, if you agreed to that, technically, if you
Speaker 4: were supposed to divide your time, then they don't have
Speaker 4: to pay you anymore.
Speaker 10: Okay, So then all right, that's that I understand. But
Speaker 10: then and I would have been willing to accept that
Speaker 10: because I just could think and we talk about it,
Speaker 10: and we talk about it, and they would always just not.
Speaker 10: So then what happened was I got injured. And that's
Speaker 10: why I seen. Then this happened because the lady had
Speaker 10: a procedure. So I saved her from a fault. I
Speaker 10: get it telling you, Yeah, so I got her though.
Speaker 2: No, I get so they can't.
Speaker 4: They shouldn't fire you for being injured or for complaining.
Speaker 4: But but what I want to know is how long
Speaker 4: ago was this.
Speaker 10: This was all done about two and a half weeks ago.
Speaker 10: The final day was July third. Chances of the day
Speaker 10: they terminated me.
Speaker 2: Okay, now here's the deal.
Speaker 4: You're going to have a good argument, maybe for retaliation,
Speaker 4: I don't know. I don't think you're going to have
Speaker 4: an argument for not getting paid enough if you agreed
Speaker 4: to split your time.
Speaker 2: Now, I know what you're saying.
Speaker 4: In reality, there's no way you have two hours for one,
Speaker 4: I mean four hours for one or four hours for
Speaker 4: another if you're there caring for the second one and
Speaker 4: the first one has an issue.
Speaker 2: They were just they were just sneaky.
Speaker 4: They're trying to get double reimburse for Medicaid but only
Speaker 4: pay you for one.
Speaker 2: I get it. I get what you're saying.
Speaker 4: But they are two separate issues, really, and it sucks.
Speaker 2: It really does now.
Speaker 10: Because there's even a third issue.
Speaker 2: Though, what's the third it's the third issue.
Speaker 13: To fire me? Fire me?
Speaker 10: When they claimed I stole that ring?
Speaker 4: Oh that's right, that's right. That was a false accusation.
Speaker 4: Now are they Do you have in text from the
Speaker 4: own Do you have in text from the homeowners that
Speaker 4: they found the ring?
Speaker 14: No?
Speaker 10: I have a talk with the sun Well they.
Speaker 4: Okay, what I'm asking is this, if you challenge talk
Speaker 4: to me, Okay, But if you challenge the agency, will
Speaker 4: the sun come to your rescue and say we found
Speaker 4: that ring?
Speaker 5: Well?
Speaker 3: Yeah?
Speaker 10: And they instead, when I was trying to talk to something,
Speaker 10: they said because originally they said we want you to
Speaker 10: take a polygraph. I said, absolutely, step me up.
Speaker 12: I'm good with that.
Speaker 10: And then I kept waiting to I've been fired. And
Speaker 10: I was desperate because how am I going to get
Speaker 10: a job now? How am I going to go say
Speaker 10: when I've been accused? And so I texted something or
Speaker 10: called saying, hey, I heard the ring was counter I
Speaker 10: need to know where to take this polygraph? He says,
Speaker 10: you would reach me, the investigators would reach out to me,
Speaker 10: and they said, do not contact anymore. So I had
Speaker 10: and they said unless it's illegal, And I'm like what,
Speaker 10: And now I'm stuck in this position. I'm going to
Speaker 10: you fired me?
Speaker 2: Were you a W two? Were you a dou W
Speaker 2: two employee?
Speaker 4: Okay, you know we need to figure this one out
Speaker 4: because I think they're they're putting the screws to you.
Speaker 4: Now whether we can legally do something about it. We're
Speaker 4: trying to get Cliff Enton on, who is an attorney
Speaker 4: that does workers comp and other stuff.
Speaker 2: He might have some insights.
Speaker 4: We're trying to get him on for Mike's workers comp issue.
Speaker 4: If you can hang on, we can kill two birds
Speaker 4: with one stone, So hang on. I'm Tom Martine. Are
Speaker 4: they playing sneaky? Sneaky? And I wonder if it violates
Speaker 4: any Medicaid? Maybe we get Mark.
Speaker 2: Who is that uh he left?
Speaker 14: He left from it?
Speaker 4: Okay, we had someone, uh angel, some kind of angels
Speaker 4: help or something that helped with older people with older
Speaker 4: issues healthcare and all that home health. I wonder if
Speaker 4: she would know about the rules for Medicaid or when
Speaker 4: it comes to home healthcare. I think what we can
Speaker 4: do is look into that too. I'm Tom Martino. Three
Speaker 4: oh three seven one three talk three oh three seven
Speaker 4: one three eight two five five eight eight eight Heating
Speaker 4: dot Com good honest people. You know we get no
Speaker 4: complaints about these people. Yeah, serious story. And when it
Speaker 4: comes to heating and air, that's serious because that means
Speaker 4: they're doing something right right and they'll look at your
Speaker 4: air and they'll give you free second opinions and diagnosis
Speaker 4: you can trust. Three oh three seven seven zero two
Speaker 4: seven seven six go with a sure thing Denver's Best
Speaker 4: roofer Excel roofing dot com. You don't pay a cent
Speaker 4: until you're content. Time for an insurance check up free,
Speaker 4: no obligation. In comparison, call Compass Insurance paying too much
Speaker 4: your coverage at dozens of insurance companies find out now
Speaker 4: three oh three seven seven to one help. You'll think
Speaker 4: you're his only customer when you choose Frank durand the
Speaker 4: real estate Man dot com to list your home with
Speaker 4: Remax Alliance three oh three nine two zero sixteen twenty two.
Speaker 4: Hi Tom Martino, your troubleshooter three O three seven one
Speaker 4: three talk seven one three eight two five five. Welcome
Speaker 4: to the show, and we're trying to get on an
Speaker 4: attorney to talk about both of these issues. I think
Speaker 4: it's hard to say if Sherry has a case. You know,
Speaker 4: so many people are fired for cause and then they
Speaker 4: change the cause.
Speaker 2: She's being ghosted now.
Speaker 4: Out of curiosity, Sherry, who is the healthcare agency? Because
Speaker 4: the reason I ask we had an issue with a
Speaker 4: healthcare agency once?
Speaker 2: I just want to know who is it?
Speaker 10: Well, it's do you think I'm legally allowed to say that?
Speaker 3: I don't know.
Speaker 4: Hold on, Sherry, Sherry, what do you what do you
Speaker 4: mean legally allowed.
Speaker 10: I just don't.
Speaker 4: Well, no, here's what I'm saying. It's America. It's called
Speaker 4: freedom of speech. Now, if you're lying.
Speaker 2: About them, then it would be to your peril. Okay.
Speaker 4: So if you're saying that you work for them and
Speaker 4: it's the truth, give me their name.
Speaker 10: Okay, First Premiere Home Healthcare, Premiere Okay, yes, first, it's
Speaker 10: called First First Premiere.
Speaker 2: Home Health Okay.
Speaker 4: I want I want Deputy Doc to give them a
Speaker 4: call just in general, to say what about I want
Speaker 4: them just to call to ask why they're not talking
Speaker 4: to you. And if they refer us to an attorney, Doc,
Speaker 4: get the attorney's name, you guys, We're gonna try it now, Doc,
Speaker 4: So hold on all right, Sherry. We're going to try
Speaker 4: to get a hold of you. And then for some
Speaker 4: reason Cliff is not available. We're trying to get where
Speaker 4: is he on? Is he out of town or.
Speaker 2: What Cliff is overseas? Damn it? Okay, got it? Got it?
Speaker 2: Got enough? Said? Okay?
Speaker 4: Who do we have for backup on that? For workers com?
Speaker 4: See if John Fuller knows about workers comp and if not,
Speaker 4: we just may have to call someone else because I
Speaker 4: just need to figure this out. On both of these issues.
Speaker 4: They're really good topics. So let's check with Fuller and
Speaker 4: if not, we'll have to figure it out. But meanwhile,
Speaker 4: that's what we do. We rely on our experts.
Speaker 2: Now, yes, I have some good follow up, but yeah,
Speaker 2: that's what I was going to say. I was going
Speaker 2: to go to yours. So what is it? What case
Speaker 2: are we talking about?
Speaker 14: Ronda?
Speaker 2: Yesterday? Got it? Ronda had a T mobile damaged and
Speaker 2: this is really weird. She wanted to replace the screen.
Speaker 4: So you pay ninety nine dollars deductible and under assurant,
Speaker 4: they send you a rebuilt phone, you send yours back.
Speaker 4: To make a long story short, they're claiming hers has
Speaker 4: not been scanned into the system, so they charged her
Speaker 4: four hundred dollars for having two phones. She said, I
Speaker 4: sent my old phone back and it was just a cluster.
Speaker 2: And I said, you know, Doc, she needs some help here.
Speaker 2: So what's going on, man?
Speaker 14: So anyway, I call Rondo after the show. Yeah, and
Speaker 14: she said, you know what, T Mobile heard that Doc
Speaker 14: was on the case. They called her without my having
Speaker 14: to make a call, and they're giving her money back.
Speaker 2: And that's T Mobile, right, that's correct.
Speaker 4: Good, you know and you might joke about that, but
Speaker 4: the fact, you know, the fact that you get on
Speaker 4: the radio and talk about it, they hear about it,
Speaker 4: the people. Yeah, you know, after she was on the show,
Speaker 4: she got a refund. Right, So I'm going to do this.
Speaker 4: And by the way, you don't have to do a
Speaker 4: shan And I have my own when I'm at home,
Speaker 4: I have access to my own dinger. So yes, Doc,
Speaker 4: that's the good news.
Speaker 14: The bad news is, remember Dave called about his dog.
Speaker 2: Oh wait, wait, wait, wait wait wait? Which one was that?
Speaker 2: A year old puppy with a micro chip?
Speaker 6: Right?
Speaker 4: Oh yeah, yeah yeah, let me let me give that.
Speaker 4: Let me give that recap for people. So what happened
Speaker 4: was this dog had he adopted a puppy with a
Speaker 4: microchip from dumb friends league. Now apparently there were two
Speaker 4: microchips because the information in there. He had the old
Speaker 4: owner plus him. Apparently, according to David, the old owner
Speaker 4: abandoned the dog.
Speaker 2: Okay, so he adopted the dog.
Speaker 4: It got out of the yard twice and then when
Speaker 4: it was recovered, most recently, it was taken to Riverside shelter.
Speaker 4: They called the original owner and gave the dog to her.
Speaker 4: And now the original owner says, this is my dog.
Speaker 4: I never gave up the dog. David says, oh no,
Speaker 4: you abandoned it, and we have a record of that,
Speaker 4: or supposedly dumb friend's league.
Speaker 2: So what's the story.
Speaker 14: Well, I told him to go down to the dumb
Speaker 14: friends league, thee on Quebec and Ilift. Yeah, of course
Speaker 14: they so waled him. They said, sorry, we can't help you.
Speaker 14: The chip was put in there first, so that's the
Speaker 14: one that counts. And they wouldn't show him any documentation.
Speaker 2: Well that's because they don't have any right.
Speaker 14: Well, they wouldn't show many documentations that the lady relinquished
Speaker 14: the dog. So at this point it's so said, too bad,
Speaker 14: you can't have a dog back. So you know, apparently
Speaker 14: I'm gonna go down there because it's on my way
Speaker 14: home and see why they can't give him. If what
Speaker 14: they say is true, they should be able to provide
Speaker 14: a copy of.
Speaker 2: How about this?
Speaker 4: How about this? How about they did not get anything
Speaker 4: where she.
Speaker 2: Abandoned it?
Speaker 4: So what so what if that dog was lost and
Speaker 4: never returned to her rightfully and they adopted it out,
Speaker 4: they screwed up by not scanning that original chip. Now,
Speaker 4: According to David, they did scan it. They called the owner,
Speaker 4: and the owner said they didn't want the dog.
Speaker 2: But that makes no sense to me. Why would an owner.
Speaker 4: Two years prior say I don't want the dog and
Speaker 4: then two years later say I never I never abandoned
Speaker 4: the dog. I mean, I believe the original owner. It's
Speaker 4: not that I don't believe David. I think David got
Speaker 4: wrong information. There was apparently a chip in there, and
Speaker 4: that chip is an older chip with the older owner.
Speaker 4: And if I lost my dog two years ago, I
Speaker 4: would be upset. I mean, so what that somebody else
Speaker 4: adopted it?
Speaker 6: Now?
Speaker 4: Now I might if there were kids involved, there's something
Speaker 4: have you know, maybe approach it a different way and say, okay,
Speaker 4: you know, dog's happy, you can keep it. First of all,
Speaker 4: I don't like the idea that the dog got out twice?
Speaker 4: So what kind of dog is this?
Speaker 2: Do we know?
Speaker 14: I know, I didn't ask. I didn't think it was.
Speaker 2: It was relevant. It was a Pomeranian. Oh, a little dog.
Speaker 15: But can I please adjust your vision to line six?
Speaker 2: We have Marco Bendinelli on for those.
Speaker 4: Works, Okay, but I have to take a break. I
Speaker 4: want to give him more time. Thank you for getting Marco.
Speaker 4: We can talk to Marco Bendinelli coming up three O
Speaker 4: three seven to one three eight two five five. Go
Speaker 4: with a sure thing Denver's best roofer Excel Roofing dot com.
Speaker 2: You don't pay a cent until you're content.
Speaker 4: Wait time for an insurance check up free, no obligation.
Speaker 4: In comparison, call Compass Insurance paying too much your coverage
Speaker 4: at dozens of insurance companies find out now three all
Speaker 4: three seven seven to one.
Speaker 2: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three all three nine two zero
Speaker 4: sixteen twenty two. Tom Martino here at three oh three
Speaker 4: seven one three talk seven one three A two five five. Uh, Well,
Speaker 4: we're here to solve problems and answer questions, and we
Speaker 4: always talk to our experts. So I'm going to go
Speaker 4: to see what MARKU has to say about either one
Speaker 4: of these.
Speaker 2: And Marco welcome me and Minko comus.
Speaker 4: Hey, listen, Marco, what on.
Speaker 2: On this stuff? Here? This uh workers comp stuff we
Speaker 2: always hear.
Speaker 16: No one told me what was going on, so you
Speaker 16: lay it out a little.
Speaker 4: Bit okay, good on workers comp. Do you ever do
Speaker 4: workers comp?
Speaker 16: I know workers comp very well, Okay, all right, when
Speaker 16: I began my career, that's primarily what I did.
Speaker 7: Okay, I don't do.
Speaker 16: It day to day anymore. But the statues haven't changed
Speaker 16: I know.
Speaker 2: Now, Marco.
Speaker 4: So with with with workers comp, just a real short answer,
Speaker 4: which would would for both cases. Are they allowed to
Speaker 4: fire you after an injury? Or when is it considered
Speaker 4: wrong to fire someone after an injury?
Speaker 16: Well, the you know that if they fire you improperly,
Speaker 16: that's not a worker's comp issue as much as an
Speaker 16: employment issue. You wrongful determination, wrongful discharge. But what happens
Speaker 16: is when someone is under restrictions, Yeah, and they're getting
Speaker 16: wage loss benefits. If they terminate you, they got to
Speaker 16: continue to pay your wage loss benefits, whether you're working
Speaker 16: like duty, whether you're completely off. But you know, so
Speaker 16: the worker's compensation carrier, the insurance company, they get no benefit.
Speaker 16: In fact, you know, they get no benefit from an
Speaker 16: employer terminating an employee while they're getting comp benefits. In fact,
Speaker 16: it's the other way around. You know, that would ignore
Speaker 16: to the benefit of the claimant from a worker's compensation perspective.
Speaker 4: All right, here, let me give you the story. Now,
Speaker 4: I'll give you the actual story. Mike was working and
Speaker 4: pulling cable and injured his shoulder. Now he already he
Speaker 4: went to one of their docs and sure they claimed
Speaker 4: that he had reached MMI with no limitations, and that
Speaker 4: was basically a month later. He disagreed. He really felt
Speaker 4: pain and disagreed. So at the time he asked for
Speaker 4: limited duty and the employer said, no, you were released
Speaker 4: with no limitations at MMI maximum Medical Improvement, and so
Speaker 4: you got to do the job. And he couldn't, he said,
Speaker 4: so they fired him. So or did you quit?
Speaker 2: Mike?
Speaker 17: At that time?
Speaker 2: Uh?
Speaker 4: When Mike first and foremost? Did you get fired or
Speaker 4: did you quit?
Speaker 5: It was pretty much mutual. I couldn't do the job, okay,
Speaker 5: got it on the book and that was January twenty
Speaker 5: twenty two. Is that right correct?
Speaker 4: And then after that, hold on, there's more to it, Marco,
Speaker 4: he sued them, And what did you sue them for?
Speaker 5: And go ahead, I didn't see the company. I went
Speaker 5: through the workmen's comp process, got a lawyer, all of that,
Speaker 5: got ieme.
Speaker 2: All all and what go with a sure thing?
Speaker 4: Denver's best roofer Excel Roofing dot com. You don't pay
Speaker 4: a cent until you're content. Time for an insurance checkup free,
Speaker 4: no obligation. Comparison call Compass Insurance paying too much your
Speaker 4: coverage at dozens of insurance companies find out now three
Speaker 4: O three seven to seven to one.
Speaker 2: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three oh three nine two zero
Speaker 4: sixteen twenty two.
Speaker 17: Yeah, ripped up, bad news.
Speaker 1: You need advice, so you don't have the.
Speaker 3: You'll come a running just.
Speaker 4: As fast as we can.
Speaker 1: Shooter's gonna help.
Speaker 7: Come man.
Speaker 3: This is the Troubleshooter Show.
Speaker 4: No Tom Martino, Hi, Tom Martino here, Welcome to the show.
Speaker 4: Zero three seven one three talk seven one three eight
Speaker 4: two five five.
Speaker 2: This hour brought to you by Waterpros dot net.
Speaker 4: Now I talk about all the drinking water you can
Speaker 4: have for a triple filter reverse osmosis system at fourteen
Speaker 4: hundred bucks.
Speaker 2: It is the best deal you can make, and good
Speaker 2: water is good for your health. Now for the whole house.
Speaker 2: If you want to do soften purified water thirty four
Speaker 2: hundred bucks. And it's good for your pipes, laundry, your health,
Speaker 2: waterpros dot net three zero three eight six two five
Speaker 2: five five four. You'll never find better or lower prices.
Speaker 2: Now let's go to the phones.
Speaker 4: We were talking about workers comp, termination, employment, all of that.
Speaker 4: I have Marco Bendonelli with me from CEO law firm
Speaker 4: dot com one eight hundred attorney as his number, and
Speaker 4: Marco was uh. We were explaining that Mike he was
Speaker 4: with he made a settlement with workers comp, so he
Speaker 4: didn't he didn't like the way he was.
Speaker 2: Treated the first time around. We get it.
Speaker 4: He said, the doctor went on vacation, wasn't paying attention,
Speaker 4: denied him some treatment.
Speaker 2: Blah blah blah.
Speaker 4: But then the doctor declared after coming back from vacation
Speaker 4: that he was at maximum medical improvement. And you know,
Speaker 4: Mike said, I just couldn't do the work. So Mike
Speaker 4: basically left the job and they let him go. I mean,
Speaker 4: which came first doesn't matter, but he said, hey, I'm
Speaker 4: not going to accept this, so he sued. When he sued,
Speaker 4: there was something wrong apparently because they ensure Earn's company
Speaker 4: found after his ime independent medical examiner that yeah, there
Speaker 4: is somewhat of a disability, and he settled for sixty
Speaker 4: thousand dollars. But I fear that now he wants to
Speaker 4: go back and he wants to take issue with a
Speaker 4: few things. And I think, Mike, that once you settle,
Speaker 4: it might be because you settled, it might be too late.
Speaker 4: But I'm going to let you talk to Marco Bendinelli
Speaker 4: to figure that out. So what are you wanting now
Speaker 4: that you settled for sixty thousand dollars?
Speaker 5: Okay, I'm looking at for surgeries right now. None of
Speaker 5: this was discovered until after the settlement because my primary
Speaker 5: care wouldn't interfere ongoing open workman's comp case. So I
Speaker 5: was not getting any medical care up until the settlement.
Speaker 4: Now, Mike, Mike, I'm hearing you, but I want to
Speaker 4: say a few things. First of all, there's nothing preventing
Speaker 4: you from getting medical care, or medical advice or medical
Speaker 4: treatments at all. Your primary care had no business. You're
Speaker 4: not asking him to interfere. That's a whole separate issue.
Speaker 4: But I know you're trying to make the excuse that
Speaker 4: you settled without knowledge and you didn't know how bad
Speaker 4: your situation really was, So Marco, where does he stand
Speaker 4: on that? Trying to Are you trying to reopen the case?
Speaker 2: Mike?
Speaker 5: Not necessarily, I mean if that's possible, Well, you're.
Speaker 2: Trying to get more money, aren't you. Isn't that the
Speaker 2: bottom line?
Speaker 5: Yeah, I've lost income, quality of life.
Speaker 4: Okay, that's called reopening the case. Or do you want
Speaker 4: to take a separate action against somebody?
Speaker 2: Or you don't know or you don't know.
Speaker 5: Right, I don't know. That's why I'm Mike, Mike.
Speaker 4: That's a good good questions. So Marco, the guy's pissed off.
Speaker 4: He said, Look, I didn't have enough information. I didn't
Speaker 4: think I had good treatment. I made the settlement. Now
Speaker 4: I'm sorry. I did I think someone still owes me money?
Speaker 4: Can I go after someone separately? Can I reopen the case?
Speaker 4: What would you do if he was sitting in your office, Marco?
Speaker 16: Well, what I would say is, first of all, he
Speaker 16: must have overcame the first opinion that he was at MMI.
Speaker 16: You know, how did he go from look, there's nothing
Speaker 16: wrong with you to sixty thousand dollars? Because when they
Speaker 16: file that, it's called a final admission, where they put
Speaker 16: you at MMI and they give you no impairment rating.
Speaker 16: You have thirty days to contest that. So did he
Speaker 16: do that? He must have right, so you know we
Speaker 16: need to know that.
Speaker 4: But but what difference does that make? He said, he
Speaker 4: hired an attorney and they went after workers come.
Speaker 16: Well, because that means that you know, so if you
Speaker 16: if you contest mm I, then that means you got
Speaker 16: treatment inside of the work comp system and for sixty
Speaker 16: thousand dollars settlement, probably at least one surgery, Is that right?
Speaker 5: I haven't had any surgeries yet?
Speaker 2: But how did you arrive at the sixty thousand dollars?
Speaker 5: Like it was just we went, uh, we were supposed
Speaker 5: to go to hearing. We didn't get to hearing because
Speaker 5: my lawyer wasn't prepped.
Speaker 4: You're blaming I know, see Mark who he's blaming everybody
Speaker 4: for what he did. But but you did you did
Speaker 4: accept the sixty thousand dollars?
Speaker 2: Was that their first offer?
Speaker 15: No?
Speaker 5: Okay, that's thirty settlement went home casey and one m sixty.
Speaker 4: They went from thirty to sixty. So what I heard
Speaker 4: you say? You were complaining about the work comp doc.
Speaker 4: You were complaining about your primary care and you're complaining
Speaker 4: about your attorney.
Speaker 2: Are you basically saying you were screwed?
Speaker 16: Yeah, Marco, Well you know, I mean there must have
Speaker 16: been some medical evidence that your lawyer had as ammunition
Speaker 16: to go from no impairment rating to we're going to
Speaker 16: pay you sixty thousand dollars. So, whether it was your
Speaker 16: PCP or another physician, you had to go somewhere and said, look,
Speaker 16: he's not at m am I. The guy has a
Speaker 16: you know, torn rotator cuff, like you know, did Jeff
Speaker 16: or whatever I or something? You know, he had to
Speaker 16: have something.
Speaker 9: Uh.
Speaker 5: Yes, the workman's comp sent me to a doctor for Miami.
Speaker 5: He concluded that he was pretty positive I had a
Speaker 5: tour tearing my shoulder. At the least he wanted a
Speaker 5: complete reavow on my back. Then the insurance company sent
Speaker 5: me to their doctor who basically said I as a
Speaker 5: liar and a fraud and there's nothing wrong with me.
Speaker 4: But apparently they came up from zero to thirty, then
Speaker 4: from thirty to sixty. But Marco, I must ask you,
Speaker 4: why does that make a difference in his question?
Speaker 2: Now? Can he reopen or go after someone?
Speaker 16: The reason it matters is because if you got care
Speaker 16: and treatment under the camp system, then you can reopen
Speaker 16: under a worsening of condition. But if he did a
Speaker 16: full and final settlement, and inside of that settlement, he
Speaker 16: may have agreed to not reopen the case. Okay, so
Speaker 16: that's why I'm asking these specific questions.
Speaker 2: Got it? So, Mike, was it a full and final settlement?
Speaker 5: In the paperwork it said if I wanted to reopen,
Speaker 5: I would have to repay them with sixty thousand dollars
Speaker 5: and then reopen.
Speaker 16: I don't know if that would stand up. But you know,
Speaker 16: you can reopen from a worsening of a condition. I've
Speaker 16: never seen a clause like that in a settlement.
Speaker 7: So I can't wait.
Speaker 4: Wait, wait, he can reopen for treatment, not for cash settlement.
Speaker 16: Well, the reason you get a cash settlement at the
Speaker 16: end of the case is due to the impairment that
Speaker 16: you sustained. There is no non economic damages, quality of
Speaker 16: life stuff like that. Inside a comp there is. Okay,
Speaker 16: when they give you an impairment rating, you get paid
Speaker 16: on that, but that is to that represents future loss treatment,
Speaker 16: I mean future loss wages based on that impairment rating.
Speaker 16: It's not a there's no non economic component to workers compensation.
Speaker 16: Everything is economic, so what I know.
Speaker 4: So what you're saying is they must have seen that
Speaker 4: he will need additional care and they estimated sixty thousand dollars.
Speaker 16: Well, or gave them sixty thousand dollars to go away.
Speaker 2: But is it possible I.
Speaker 16: Think I believe for them to put that inside the
Speaker 16: settlement agreement. That may be you may be able to
Speaker 16: strike that as void as against public policy.
Speaker 2: Listen, what you need a little different issue.
Speaker 4: What you need, by the way, is a complete You
Speaker 4: need a second opinion. But Mike, I'm gonna tell you something. Normally,
Speaker 4: these are full and final settlements. They don't toss sixty
Speaker 4: thousand dollars out without it normally.
Speaker 2: And I'm not giving you legal advice.
Speaker 4: So I'm thinking you're not going to be able to
Speaker 4: reopen and go after anybody because they're going to say
Speaker 4: you settled. You're going to try to make the argument
Speaker 4: that you settled with bad advice.
Speaker 2: But it's not gonna with that work.
Speaker 4: Marco, Just for argument's sake, if it is full and
Speaker 4: final settlement, does he he can't go back right even
Speaker 4: with a worsening condition.
Speaker 16: It depends on the language of the settlement agreement and
Speaker 16: the current case law regarding that, because there was a
Speaker 16: case that came out and said the comp carrier can't
Speaker 16: prevent you from getting future medical treatment based on that injury.
Speaker 4: Okay, even with a settlement, even with a full and
Speaker 4: final settlement, that's correct.
Speaker 16: Okay, that case has been overturned. But I would have
Speaker 16: to look at the settlement agreement, you know, and to
Speaker 16: further analyze this thing.
Speaker 2: So, Mike, that's where we're at.
Speaker 4: Man.
Speaker 2: How long is the settlement agreement? Like sixty pages? How
Speaker 2: long is it?
Speaker 9: Oh?
Speaker 5: Wait, I don't know. It's not nearly that.
Speaker 2: Long, Okay. I mean, look, I would love.
Speaker 16: To just three or four pages.
Speaker 2: I would like to just get I would like to
Speaker 2: get a review.
Speaker 4: And I don't mean a real legal review like that,
Speaker 4: but just a cursory.
Speaker 2: Look at it, just to see what Mark thinks. I
Speaker 2: would love it.
Speaker 4: Mike, if you want to send it to us, we
Speaker 4: can forward it to him just for the hell of it.
Speaker 4: We would like to do that, but like I said,
Speaker 4: it might be too late, man. And then you know,
Speaker 4: but really what you're doing is you're saying my condition worsened,
Speaker 4: and Marco's going to see if the full insid final
Speaker 4: settlement avoids that, or current case law avoids that.
Speaker 2: We have more coming up.
Speaker 4: Sherry has another question I love Marco's opinion on, and
Speaker 4: that's Marco. When he's not here, you can reach him
Speaker 4: at one eight hundred Attorney.
Speaker 2: What a great number. We've got more coming up.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three O three seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank to the real estate man
Speaker 4: dot com to list your home with Remax Alliance three
Speaker 4: oh three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 4: your troubleshooter three O three seven to one three talk
Speaker 4: three O three seven one three eight two five five.
Speaker 4: So we're going to go to Sherry now, and I'd
Speaker 4: like to get Marco Bendinelli's twist on this or a
Speaker 4: view on this, because really I don't know if she
Speaker 4: has anything going but I'm going to lay out the
Speaker 4: scenario for you, Marco Marco Bendinelli, Attorney at law.
Speaker 2: And here it is.
Speaker 4: Sherry was working as a home healthcare worker for a
Speaker 4: healthcare agency and she was sent to a home to
Speaker 4: care for two elderly people. Now, on a side note,
Speaker 4: I think the agency was trying to trying to profit
Speaker 4: on her a little more than fair, but I don't
Speaker 4: see anything illegal in my opinion, again, not your opinion.
Speaker 4: But let me explain Medicare or Medicaid. I mean it's
Speaker 4: Medicaid they were on, right, Sherry, correct, Yeah, Medicaid, which
Speaker 4: is social services. They pay a certain amount of money
Speaker 4: for home health care, okay, and I'm not sure how
Speaker 4: much they pay, but I believe it's for four hours
Speaker 4: of care I think in a day.
Speaker 2: But whatever it is.
Speaker 4: The way they did it, they sent her to a
Speaker 4: home where she was caring for two people. But what
Speaker 4: they told her to do is to be there eight
Speaker 4: hours and to divide her time, So she gave four
Speaker 4: hours to the lady and four hours to the man.
Speaker 4: She believes they're being so she really got paid for
Speaker 4: an eight hour day one day, just a normal whatever.
Speaker 4: She agreed to work for she thinks she was underpaid
Speaker 4: because Medicaid was paying for two separate clients, which would
Speaker 4: have been higher than her daily rate.
Speaker 2: And I told her.
Speaker 4: One doesn't have anything to do with the other in
Speaker 4: my opinion, because she agreed to work for eight hours period,
Speaker 4: and whatever her employer has her do is what they
Speaker 4: have her do. And if she's if she's working four
Speaker 4: hours for one client four hours for another, that's up
Speaker 4: to them. Now, now that's what I say on first blush,
Speaker 4: But there's never a clear answer in the law, and
Speaker 4: that that's not the main issue, but that's one of them.
Speaker 4: So would you think that Medicaid would look askew at that?
Speaker 16: You know what came to mind as you were describing that,
Speaker 16: having had some personal experience with home health care companies,
Speaker 16: and I don't want to disparage all home health care companies,
Speaker 16: but they could have let's you know, we'll include this
Speaker 16: in the realm of possibilities, have double filled medicare eight
Speaker 16: hours for him, eight hours for her. Now, what you
Speaker 16: said originally is accurate. She agreed to work eight hours,
Speaker 16: she got paid to work eight hours. Whatever they did
Speaker 16: with the HICCKPA forms or you know, the billing to medicare.
Speaker 16: They may have engaged let's say, you know, if they
Speaker 16: engage in medicare fraud, that has nothing to do with
Speaker 16: her contract.
Speaker 2: Right, Okay, I get it.
Speaker 4: She could turn him in if she wanted to get
Speaker 4: back at him, but in reality it doesn't. It doesn't
Speaker 4: mean she gets more money.
Speaker 16: Exactly precisely.
Speaker 2: Okay.
Speaker 4: Now on another issue, this is the one she said
Speaker 4: she saved one of the clients from a fall after surgery,
Speaker 4: after the client had surgery and she hurt herself and
Speaker 4: she was terminated. Now stakes claim she was terminated because
Speaker 4: there was a ring that went missing, and.
Speaker 2: They put that in a text to her.
Speaker 4: She said, since she was terminated first and foremost, they
Speaker 4: ghosted her. But she heard from the client that the
Speaker 4: ring was found. So I don't know why they gave
Speaker 4: her a reason for termination.
Speaker 2: Marco. I thought, in this state, you don't have to
Speaker 2: have a reason.
Speaker 16: Well, you know, unless you're terminating somebody because they got
Speaker 16: hurt at work and you're trying to you know.
Speaker 4: You're trying to find another reason. Right, So what if
Speaker 4: she can show they found the ring but she was fired,
Speaker 4: because then it looks like she was fired because of
Speaker 4: her injury, Yes.
Speaker 16: But when did it happen?
Speaker 11: How?
Speaker 16: You know, Listen, timing of this stuff is important. So
Speaker 16: if this happened a month ago, and we can we
Speaker 16: have some medical records, or can get some medical records
Speaker 16: to document an injury, then she can prelude the work complaimt.
Speaker 10: Yes, i'd have.
Speaker 2: And when did it happen, Sherry?
Speaker 10: I went to the doctor I think on the nineteenth
Speaker 10: and that was three days after I reported.
Speaker 2: Nineteenth, the nineteenth of July.
Speaker 10: Of June, and then they fired me the thirteenth of July.
Speaker 2: Marco.
Speaker 16: And how long had you been working there?
Speaker 13: A year?
Speaker 16: Okay, well, did you open up a work complaint?
Speaker 10: No, because they've ghosted me. I'm not.
Speaker 4: Oh hold on wait wait wait wait wait wait wait
Speaker 4: wait wait wait you were working there almost a month
Speaker 4: after you got injured?
Speaker 10: The well, about three weeks? Yeah, they after I got injured.
Speaker 10: So I told them, and then I went to the
Speaker 10: doctor because they weren't reacting or doing anything, and she
Speaker 10: basically said, just st'll take time whatever. But then what
Speaker 10: happened is they I kept having these strange symptoms from.
Speaker 4: Them who so they never put in a worker's comp claim. No,
Speaker 4: Marco what happened, but the.
Speaker 16: Injured the injured worker can and you know, uh this
Speaker 16: is so recent. Depending on the medical records that you know,
Speaker 16: we could we could potentially open a comp claim. Now
Speaker 16: I see again the employment aspect, you know, wrongful termination
Speaker 16: you know, is usually really connected to workers' comp However,
Speaker 16: it is two separate areas of practice of law. However,
Speaker 16: if you open up the work com claim and you
Speaker 16: go through the work comps system and you get some
Speaker 16: medical treatment, then then that then that gives legitimacy or
Speaker 16: a little bit of steam to the wrongful termination case.
Speaker 10: So so then what my dogs will.
Speaker 12: An emergency room?
Speaker 10: I mean, because I'm draining spinal fluid is coming out
Speaker 10: my nose because of the head injury, and so she
Speaker 10: wants me to go to the emergency room. But I
Speaker 10: got afraid because I thought, what if I'm not covered?
Speaker 16: So, you know, you need to do a notice of
Speaker 16: claim right away, right away?
Speaker 2: How does she do that?
Speaker 16: You can call down the Division of Workers Compensation and
Speaker 16: they'll tell you whether that employer has workers compensation insurance
Speaker 16: if they don't have a penalty for them.
Speaker 10: All right, Vision of Workers Compensation.
Speaker 4: And find out and workers company find out if first
Speaker 4: Premiere Home health Care has workers compensation. Now if they
Speaker 4: do have workers compensation, what does she do?
Speaker 16: She turns into claim, She fills out a claim for him,
Speaker 16: and then within thirty days they either have to file
Speaker 16: a general admission of liability or a notice of contest. However,
Speaker 16: you know, this is why people need a work comp
Speaker 16: lawyer when they get injured at work. I can't tell
Speaker 16: you how many times I see people try to walk
Speaker 16: through this stuff themselves, and you know, and they become
Speaker 16: just as confused as to call her and I don't
Speaker 16: know her name, but you share it. Unsure what to do,
Speaker 16: Unsure what the statute'd say, unsure of any of their remedies,
Speaker 16: you know.
Speaker 4: And now what if okay, what if they do not
Speaker 4: have workers comp does she still fill out a notice?
Speaker 16: Well, well, yes, she would have to do that. That's
Speaker 16: usually how it's determined whether the employer is insured.
Speaker 4: Now does she submit it to the employer and the
Speaker 4: state or the insurance company or where.
Speaker 16: The Division of Insurance, the Division of Workers Compensation Insurance
Speaker 16: Downtown Denver, And then.
Speaker 2: They will investigate it.
Speaker 16: They will investigate it. They are they are a neutral uh,
Speaker 16: they administrate this stuff. But they don't have a dog
Speaker 16: in the fight. And so what they do is notify
Speaker 16: the employer of the claim form.
Speaker 7: Uh.
Speaker 16: And there may be an apt look at statue. Maybe
Speaker 16: you send them a copy, but the Division of Workers'
Speaker 16: Compensation gives teeth to the statute. They they hold the
Speaker 16: employer's feet to the fire. And you know, and have
Speaker 16: a process that you can engage.
Speaker 4: You know, this is really good information, Sherry. And he
Speaker 4: also gave good information to Mike. So do you know
Speaker 4: to do from here on? And call us back if
Speaker 4: you need help?
Speaker 10: Okay, I would definitely do that. I appreciate everything. Thank
Speaker 10: you so much.
Speaker 16: Could call my office.
Speaker 4: Yes, I'm going to give the number out one eight
Speaker 4: hundred attorney for Marco.
Speaker 2: Just tell him you were on the show.
Speaker 16: A local numbers.
Speaker 2: Okay, what is your local number?
Speaker 16: Bet Marco three nine four zero ninety nine hundred.
Speaker 4: Oh that's a good one. All right, Thank you so much, Marco.
Speaker 4: We appreciate it. Three oh three nine four zero ninety
Speaker 4: nine hundred Co Law Firm dot com and Marco, do
Speaker 4: you do workers comp in addition to your other personal
Speaker 4: injury work and stuff?
Speaker 2: Did he hang up?
Speaker 4: I'm sorry he might have hung up, but I think
Speaker 4: he probably knows enough about it that you can call him.
Speaker 4: We have more coming up on The Troubleshooter Show. Three
Speaker 4: oh three seven one three talk seven one three A
Speaker 4: two five five Go with a sure thing Denver's Best
Speaker 4: Ruffer Roofing dot com.
Speaker 2: You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation comparison
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 4: your Troubleshooter three oh three seven one three talk three
Speaker 4: oh three seven one three eight two five five.
Speaker 2: Okay.
Speaker 4: We have had of some really good topics and we'll
Speaker 4: continue to do.
Speaker 2: So. Let's talk to Kim Kim. What's happening with you? Hi?
Speaker 2: Kim Kim people? Hello Kim? All right? Can you put
Speaker 2: her on hold? Then I just see where she is.
Speaker 15: I'll go to Sandra or Sandra Sandra I'm Sandra.
Speaker 2: Yeah, what's going on?
Speaker 15: Well, I was listening to the program and I noticed
Speaker 15: you guys were talking about workmen's comp stuff. Yes, well,
Speaker 15: I have a question. When a person settles a workman's
Speaker 15: comp case and in that settlement is included one thousand
Speaker 15: dollars a month for the rest of your life in
Speaker 15: filing taxes federally, I don't have to claim that money,
Speaker 15: But why do I have to do it on state?
Speaker 15: Or is it state? Does is that considered extra income
Speaker 15: for state?
Speaker 2: Was this in Colorado?
Speaker 15: In Colorado?
Speaker 14: Yes?
Speaker 2: Okay? Now, normally.
Speaker 4: Words for damages or for loss of something, it's not required.
Speaker 4: It's not income even for accidents and stuff like that,
Speaker 4: for pain and suffering and all of that.
Speaker 2: So do you know what exactly you.
Speaker 4: Said one thousand dollars was set aside as what like
Speaker 4: how does it read to the best of Do you
Speaker 4: have it in front of you like just that area?
Speaker 15: No, I don't have it in front of me.
Speaker 2: Ask now, was this a work This was a worker's
Speaker 2: com claim? Right?
Speaker 4: Yes, it was a workers com claim and it's part
Speaker 4: of your Is it part of your settlement?
Speaker 15: Yes, it's part of the settlement. What they did because
Speaker 15: I've been disabled for the rest of my life and
Speaker 15: I have to have continued.
Speaker 2: No, then it's not okay. I can tell you with
Speaker 2: a certain amount of certainty that it's.
Speaker 4: Not going to be taxable. Why did you think it
Speaker 4: was taxable on the state level.
Speaker 15: Well, because, well, because that's what I've been told. I'm
Speaker 15: told that I have to file my taxes, but then
Speaker 15: when I go down there, they tell me I don't
Speaker 15: have to. So I can't find anybody that can really
Speaker 15: give me the answer whether I do or not.
Speaker 2: Okay, I am.
Speaker 4: I'm looking it up as far as my past calls,
Speaker 4: because I know we've had it. Okay, Disability settlements are
Speaker 4: not taxed as income. That includes medical expenses, disability expenses,
Speaker 4: and even lost wages, and it also includes benefits for
Speaker 4: wrongful death. If you, however, if you've been negotiating this
Speaker 4: and this is care, you need to know this.
Speaker 2: If you were set, if you were negotiating.
Speaker 4: This for a while and then they made you a
Speaker 4: final payment, a lump sum, and that lump sum had
Speaker 4: interest added to it because it was let's say, awarded,
Speaker 4: and then they were negotiating that interest would be taxable.
Speaker 4: But that's not what's happening in your case?
Speaker 15: Right What they did was they set up a Medicare
Speaker 15: set aside for the expenses of my medical continued.
Speaker 2: Medical right, that's right here.
Speaker 15: Then they send me one thousand dollars right to my.
Speaker 2: Bank, right and it is not taxable.
Speaker 4: It is part of your goodness. It's part of your
Speaker 4: disability settlement right right here. Here's the summary of the
Speaker 4: law in Colorado. Workers' compensation settlements for disability are generally
Speaker 4: not taxed as income on the either the federal or
Speaker 4: state level. However, that they say generally because part if
Speaker 4: they have interest, that interest.
Speaker 2: Could be taxed.
Speaker 4: So so you can find it all over the place
Speaker 4: on the internet too. But who told you it was taxable?
Speaker 4: That's what I want to know.
Speaker 15: Well, every year for tax season, they're telling me I
Speaker 15: have to file taxes, and I'm telling them, well.
Speaker 2: Okay, maybe you do have to file, but you don't
Speaker 2: have to.
Speaker 16: Pay do I have to?
Speaker 15: So do I have to let them know that I'm
Speaker 15: getting the.
Speaker 4: Thousands that I that part I don't know. I actually
Speaker 4: don't know that part, you know, But we can ask
Speaker 4: our tax preparer, why don't you hold on. We'll get
Speaker 4: a we'll get an answer for you. Okay, let's uh,
Speaker 4: let's try to get someone on Katchina from Atlas CPAs
Speaker 4: and Accountants. Now, Kim's got an issue with enterprise. We're
Speaker 4: going to go to her, and then Deputy Chopper has
Speaker 4: some follow ups right after this. Go with a sure
Speaker 4: thing Denver's Best Roofer Excel Roofing dot com.
Speaker 2: You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free no obligation comparison call
Speaker 4: Compass Insurance paying too much your coverage at dozens of
Speaker 4: insurance companies find out now three all three seven to
Speaker 4: seven to one.
Speaker 2: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three all three nine two zero
Speaker 4: sixteen twenty two. Hi Tom Martina here, let's talk about
Speaker 4: this real quick here.
Speaker 2: And I thought I had the answer, and I just
Speaker 2: want to double check.
Speaker 4: Eric Reinemer Atlas UH Firms dot Com, at LEAs CPAs
Speaker 4: and Financial Advisors, and I'll give that number out for
Speaker 4: people that want to get some help with their small
Speaker 4: business or taxes or that kind of stuff. Hey, Eric,
Speaker 4: uh disability, uh, workers comp disability and a monthly payment
Speaker 4: for the of her life because she has impairments. I'm
Speaker 4: I'm reading where it's not taxable on state or federal levels.
Speaker 2: Is that correct?
Speaker 8: That's generally not the case unless is it something that
Speaker 8: was paid via the employee, that's from the employer.
Speaker 2: Right, So what you're saying is the settlement is not taxable, Jemuary.
Speaker 8: That's so it's a settlement. Like is this a lump
Speaker 8: sumwhere it's a lifetime.
Speaker 2: Now there, there's both. There's both.
Speaker 4: She got a lump sum and then they're giving her
Speaker 4: one thousand dollars a month. But it has to do
Speaker 4: with her impairment rating.
Speaker 8: And is it to do with her from her employe,
Speaker 8: from her work or is it unrelated to work?
Speaker 4: No, it's it's because of the worker's comp right, Sondra.
Speaker 2: Yeah, Sondra, is she still there?
Speaker 4: Okay, whether she's there or not, she's probably listening. But yeah,
Speaker 4: so yeah, that's what I read in the code that
Speaker 4: you don't.
Speaker 2: But then she had a question, do you still have
Speaker 2: to file?
Speaker 8: You know, if that's her only income, she would not
Speaker 8: need to file because you only file if you got
Speaker 8: over thirteen thousand dollars of taxle income.
Speaker 7: Anyway, okay.
Speaker 4: And the other thing, Eric, They said, if the settlement
Speaker 4: was being negotiated and went retroactive and paid her interest
Speaker 4: for the time she wasn't receiving it, that interest would
Speaker 4: be taxable.
Speaker 8: That's true, although my guess is it might not be
Speaker 8: over thirteen thousand dollars. So it depends on what the
Speaker 8: amount is and what ultimately will determine that if if
Speaker 8: there was interest in there, she'll get a tenninety nine
Speaker 8: at the end of the year. It'll dictate what she
Speaker 8: might have to report on the interest.
Speaker 2: Okay.
Speaker 4: Now, Eric, another thing, a woman called last week and
Speaker 4: said she hadn't filed years. She doesn't owe anything. She
Speaker 4: wants to know what will happen if she tries to file.
Speaker 8: All that will happen is she shows up on the
Speaker 8: radar screen is following a return that we have plenty
Speaker 8: of people we find who haven't filed in years because
Speaker 8: they didn't need to, but they had a treasury event.
Speaker 8: She should just go ahead and filed. There's no way
Speaker 8: to get around it. And if she gets an inquiry
Speaker 8: asking you about fire returns, she simply says, I didn't
Speaker 8: have fire taxable income to report.
Speaker 4: And so she should just start from now or should
Speaker 4: she go back to those prior years.
Speaker 8: No, no, no, just leave the past alone and to
Speaker 8: start now with the year that she has.
Speaker 2: Okay, Okay, no worries. So when you.
Speaker 4: Don't have reportable income, you don't have to file.
Speaker 8: Yeah, there's millions of people that don't file tax returns
Speaker 8: because they don't need to because they're under the threshold.
Speaker 2: Okay, got it, Thank you.
Speaker 4: That's Eric Reinemer Atlas Firms dot com. Three oh three
Speaker 4: seven nine nine nine one one. Kim, I'm gonna take
Speaker 4: you with enterprise deputy choppers and follow ups. Rick, you
Speaker 4: want to talk about American Richmond, American homes, all of
Speaker 4: that coming up on the Troubleshooter Show.
Speaker 2: Get your calls in three oh three, Martino.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com.
Speaker 2: You don't pay a cent until you're content three.
Speaker 4: Time for an insurance check up free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three, seven
Speaker 4: to seven to one. Help you'll think you're his only
Speaker 4: customer when you choose Frank durand the real Estate Man
Speaker 4: dot Com to list your home with Remax Alliance. Three
Speaker 4: oh three nine two zero sixteen twenty two.
Speaker 17: Yeah, Rid, bad news needs you don't have the come
Speaker 17: running just as fast as we can show the shooter
Speaker 17: is gonna help.
Speaker 1: Come man, This is.
Speaker 3: The Troubleshooter Show. No Tom Martino, Hi.
Speaker 2: Tom Martino, You're troubleshooter.
Speaker 4: Three oh three seven one three talk seven one three
Speaker 4: eight two five by. This are brought to you by
Speaker 4: Frank Duran, the real Estateman dot com, one of the
Speaker 4: finest real estate brokers you can find to buy or
Speaker 4: sell property. He'll do a free market analysis for your home,
Speaker 4: a complimentary market analysis taking into consideration all of the
Speaker 4: factors to see what you'll sell your home for in
Speaker 4: your neighborhood, comps like yours, and then what you cannet
Speaker 4: after the transaction, and what it looks like for you
Speaker 4: to have money to invest in another home and what
Speaker 4: you can buy if you want that analysis, No obligation whatsoever.
Speaker 4: Three oh three nine two zero sixteen twenty two. Frank Duran,
Speaker 4: The real Estate Man dot Com Now listen. I know
Speaker 4: Chopper's on with a follow up, but I gotta go
Speaker 4: to Kim's been waiting, Kim.
Speaker 2: What's happening with you? Hello? Kim?
Speaker 9: Hi, thanks for taking my call.
Speaker 2: What's going on?
Speaker 18: Chim?
Speaker 9: Yeah? I just wanted to ask you. So. I long
Speaker 9: story short, but I had a rental car from Enterprise
Speaker 9: Rental Car in Aurora on Havana Street and I had
Speaker 9: it for a few weeks. As I was getting my
Speaker 9: car appaired, and there was a hailstorm in Denver. Assume
Speaker 9: as we heard the hail, I rushed out and I
Speaker 9: put put comforters on top of this rental car. It
Speaker 9: was a Toyota Corolla, and didn't see any damage, returned
Speaker 9: the car and they put these striped white and black
Speaker 9: screens on top of the car so you couldn't actually
Speaker 9: see the any I never saw any damage, but when
Speaker 9: they put these striped screens on the car on top
Speaker 9: of it, you could you look at the stripes and whenever,
Speaker 9: why why did.
Speaker 2: They do that?
Speaker 4: What did they suspect it had been in halle? Why
Speaker 4: did they even do that?
Speaker 3: Well, they did.
Speaker 9: It to I don't know if they did it to
Speaker 9: all the cars. They certainly did it to my car,
Speaker 9: the car that I was returning. There was a hailstorm,
Speaker 9: but like, again.
Speaker 4: No, I get it, but you never you never mentioned
Speaker 4: the hailstorm because you thought you would.
Speaker 9: No, No, it must have been routine, you know.
Speaker 4: So after they did that, did they say, hey, Kim,
Speaker 4: this has hail damage.
Speaker 9: Yeah, they did. They said, they said, you'll be you know,
Speaker 9: charged for it. Well, you know you will send it
Speaker 9: to your insurance, right, but they did it based on
Speaker 9: seeing these little changes in the stripes, you know, not
Speaker 9: actually this, I get it.
Speaker 2: Yeah. Yeah, So now what is your question? What is
Speaker 2: your question?
Speaker 9: So I got a bill for just short of five thousand.
Speaker 4: Dollars, Yeah, but put it in your insurance. You're covered.
Speaker 4: If your car's covered, then your rental will be covered.
Speaker 9: Yeah. So I did not have collisions and.
Speaker 4: So my no, you don't need collision. You need comprehensive only.
Speaker 9: I don't. I don't think I had comprehensive.
Speaker 12: Then what is your car?
Speaker 2: The car you have?
Speaker 9: The car that I had was a It was a
Speaker 9: It was I think three or four years old.
Speaker 4: Are you sure you don't have comprehensive insurance? Are you
Speaker 4: positive you only have liability?
Speaker 9: Yeah? Yeah, I'm a I'm a pretty safe driver. Yeah,
Speaker 9: I understand.
Speaker 4: But comprehensive is for fire and hail and theft and
Speaker 4: all of that. Or a tree falls on your car.
Speaker 4: It's not a collision coverage.
Speaker 2: It's separate.
Speaker 4: It's called comprehensive and usually everyone has that usually.
Speaker 9: Yeah, yeah, So so I don't have it, And I
Speaker 9: guess the issue is that, like I'm being sent the
Speaker 9: spill of for just short of five thousand dollars.
Speaker 2: You know you're responsible for it, right, Well.
Speaker 9: This is what I'm asking, is it?
Speaker 2: Okay? Go ahead.
Speaker 9: You know, the damage Recovery unit sent me this bill,
Speaker 9: and to me, it's really excessive. It's got, you know,
Speaker 9: one hundred and fifty dollars for administrative fees. It's got
Speaker 9: four hundred and twenty five dollars for diminishment of value,
Speaker 9: and you know.
Speaker 4: All these Now now hold on, you might how old
Speaker 4: is the car you were renting?
Speaker 9: It was it was pretty new.
Speaker 2: Okay, you probably Okay, you're good.
Speaker 4: Okay, you definitely have to pay for the repair and
Speaker 4: then they can charge you for what's called lack of use.
Speaker 9: Yeah they didn't do that.
Speaker 2: Wow, I mean, do you know what that means? In
Speaker 2: other words, here's what I mean.
Speaker 4: If it takes six weeks to fix the damn thing,
Speaker 4: they could charge you with what they would make in
Speaker 4: rentals for six weeks. Are you disputing there was hell damage?
Speaker 4: Because I mean, I mean, here's the deal. You mentioned
Speaker 4: the netting for a reason. Did you see damage when.
Speaker 2: They did that?
Speaker 9: When they I could see little changes in the stripes, yes,
Speaker 9: I could, Okay, okay, but you can't really see you know,
Speaker 9: when you're looking at the at the top of the car,
Speaker 9: you can't really see anything, but you can see the
Speaker 9: little changes in the stripes.
Speaker 4: Yeah, and that's exactly what they do. I'm looking at
Speaker 4: the ones you're talking about here this screen. I never
Speaker 4: knew they had that. Actually, this is the first I'm
Speaker 4: hearing about that where they put that down.
Speaker 2: Yeah, man, this is too bad. So did you I'm
Speaker 2: just I'm telling you. I'm telling you.
Speaker 4: The facts, the truth. And then I don't know the
Speaker 4: practicality of it. I don't know if they're going to
Speaker 4: come after you for it. But technically you're responsible for
Speaker 4: that car. Now, had you not had insurance on your
Speaker 4: own car, and you didn't, you should have taken out
Speaker 4: their daily insurance did they.
Speaker 2: Offer that to you?
Speaker 9: So, you know, interestingly enough, I had called we had
Speaker 9: called our insurance company prior to this, because you know,
Speaker 9: to see if it would be covered, and they said yes.
Speaker 4: But you called your insurance company and you said, I'm
Speaker 4: going to be renting a car and I want to
Speaker 4: know if it's covered.
Speaker 2: Yeah, okay, well it is.
Speaker 4: Yeah, it is covered for liability because you have liability.
Speaker 4: If you had collision, it would be covered for collision.
Speaker 4: If you have comprehensive, it'll be covered for comprehensive. It
Speaker 4: will not be covered for any coverage you don't have.
Speaker 2: So that's the confusion.
Speaker 9: I mean, uh oh yeah, I'll call them back, you know, but.
Speaker 2: Maybe Ki Kim.
Speaker 4: Are you absolutely positive you don't have comprehensive You're absolutely positive?
Speaker 9: Yes, Yeah, that's that's what my husband told me.
Speaker 4: Oh no, so so you must have a pretty old
Speaker 4: car then that you're not that you do only liability.
Speaker 9: Yeah, I mean it's not it's not worth a ton no, okay.
Speaker 4: Okay, And that's why you didn't have the comprehensive insurance
Speaker 4: because you figured, I don't want to pay for that coverage.
Speaker 5: Right.
Speaker 4: Yeah, yeah, dog gone it I wish I had better
Speaker 4: news for you, Kim. Do you think here's the deal?
Speaker 4: It's a bill right there. They have insurance that will
Speaker 4: fix it, just so you know. But they're going to
Speaker 4: come after you for it. I don't know how hard.
Speaker 4: I don't know.
Speaker 9: I mean, I'm like to be honest with you. I
Speaker 9: just want to negotiate, you know, like it just seems
Speaker 9: excessively high. I mean, five thousand dollars for something and so,
Speaker 9: and then they have administrative piece and then they it's
Speaker 9: too soon to negotiate.
Speaker 4: But but you should tell them. You just tell them
Speaker 4: you can't afford it. Tell them the reason you didn't
Speaker 4: carry comp insurance is you couldn't afford it, and that
Speaker 4: you can't afford that.
Speaker 2: What can you afford? Kim?
Speaker 4: They're not listening now, what can you afford? Seriously, if
Speaker 4: they made you an offer, if you want to negotiate,
Speaker 4: they only negotiate if you have a lumsum like a
Speaker 4: credit card or somebody.
Speaker 2: Did you have anything?
Speaker 4: Oh, by the way, did they attempt to make a
Speaker 4: charge on your credit card?
Speaker 9: No? I don't think so. I think it's right now.
Speaker 9: I think they might be trying to bill our insurance
Speaker 9: is sending it to insurance. I'm not sure, but I
Speaker 9: did call the insurance and they said it wasn't covered.
Speaker 4: Okay, Okay, do you have a credit card that you
Speaker 4: paid with?
Speaker 2: Yes, that pays for this sometimes. What kind of credit
Speaker 2: card do you have?
Speaker 9: It's a Costco City Bank.
Speaker 2: Okay?
Speaker 4: Did you ought to call them because or look at
Speaker 4: line because sometimes you get automatic insurance with your credit card.
Speaker 2: Okay did you know that?
Speaker 9: I did? But you know what, I hadn't thought about
Speaker 9: that it might I'll the.
Speaker 2: Uh okay, yeah, I mean, let's hope. So I'm just
Speaker 2: putting this in. Does Costco City Bank card cover rental
Speaker 2: car damages? I want to see what it says here.
Speaker 4: Let's see they because a lot of them have it
Speaker 4: built in. It says here that yes, if you have
Speaker 4: the Costco anywhere visa by City Bank, it usually covers
Speaker 4: your rental car damages.
Speaker 2: Do you know if it's and you use that to
Speaker 2: pay for it? Right?
Speaker 9: Well, So the other part of the story is that
Speaker 9: it was so my my car was running to by
Speaker 9: this other woman, and so her insurance was paying for
Speaker 9: my car to be fixed, which it took about three weeks.
Speaker 9: And that's why I rented this other car. So this
Speaker 9: this friend, but did.
Speaker 2: You put that other car on your Costco visa?
Speaker 9: Well, they asked for a visa, but I didn't have
Speaker 9: to pay anything.
Speaker 4: No, I get it, but it doesn't matter. Did you
Speaker 4: give them that visa?
Speaker 9: Yeah? I did.
Speaker 2: I think it covers you.
Speaker 9: Oh, thank goodness.
Speaker 2: Okay, I think it does. It says the rental Oh
Speaker 2: way way.
Speaker 4: Wait wait wait it only if the rental period was
Speaker 4: less than thirty one consecutive.
Speaker 2: Days, was it?
Speaker 9: I would have to check, I think so.
Speaker 4: Okay, listen, I want you to call City Bank or
Speaker 4: Costco and ask about it. Okay, thank goodness, you use
Speaker 4: that card even though you don't have to pay for it.
Speaker 4: It Now it could be that because the other party
Speaker 4: supplied that car to you, they could be responsible for it.
Speaker 4: I want to ask our Compass insurance people about that part.
Speaker 2: So if you hang on for that, I'm gonna take
Speaker 2: some other calls.
Speaker 4: But I want to find out if maybe because they
Speaker 4: had to cover that rental car, maybe they're responsible somehow.
Speaker 2: I don't know, we'll ask.
Speaker 4: I'm Tom Martino three oh three seven one three A
Speaker 4: two five five Go with a sure thing, Denver's Best
Speaker 4: Roofer excel roofing dot com.
Speaker 2: You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation. In comparison,
Speaker 4: call Compass Insurance. Pay too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three, seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank durand the real estate Man
Speaker 4: dot com. List your home with Remax Alliance three all
Speaker 4: three nine two zero sixteen twenty two.
Speaker 2: I'm Martine here.
Speaker 4: Somebody text me and said that Enterprise did that once
Speaker 4: to them and it was there was no damage. I
Speaker 4: don't think they'd have a vested interest in wanting to
Speaker 4: do that. But and then, of course, on that rental
Speaker 4: car coverage, I found out that that that credit card
Speaker 4: coverage that you have to pay for the rental not
Speaker 4: just put it down as collateral, but all expenses must
Speaker 4: be paid by the card for the card to.
Speaker 2: Kick in for damages.
Speaker 4: But I want to ask Jeremy Curzio from Compass Insurance
Speaker 4: Group another question relating to this, Jeremy Kim is looking
Speaker 4: for a way to eat coverage on that car. She
Speaker 4: claims she does not have comprehensive on her own car,
Speaker 4: which was in the shop, So her rental car was
Speaker 4: damaged by hal Okay, So they're saying you're responsible for
Speaker 4: the hell and she is, and she doesn't have that
Speaker 4: coverage on her own car, so it doesn't extend to
Speaker 4: the rental car. And even though she used her VISA
Speaker 4: card to pay for the rent excuse me as collateral
Speaker 4: for the rental, the actual charges were paid by the
Speaker 4: other person's insurance company, so therefore she's not.
Speaker 2: Covered by her credit card.
Speaker 4: But I want to ask you this, by some wild connection,
Speaker 4: is it possible that because that car was provided by
Speaker 4: the other insurance company that they would be responsible for
Speaker 4: that damage since they were.
Speaker 2: The actual renter.
Speaker 12: I don't think so. I mean, it's worth her exploring
Speaker 12: because why not, But I would think not. I think
Speaker 12: they're providing the car for her, but I still think
Speaker 12: she would be responsible for any of the damage. She
Speaker 12: certainly can try to go down that road, but.
Speaker 4: I'm just wondering if that insurance company would be on
Speaker 4: the hook for renting that car to her along with
Speaker 4: the daily insurance.
Speaker 12: I feel like they're they're paying for it, but I
Speaker 12: still feel like she has the agreement with the rest
Speaker 12: of my company.
Speaker 4: Get it, you know, I'm just trying to find something.
Speaker 12: Oh, I get it. Yeah.
Speaker 4: So A really good tip here, A really good tip
Speaker 4: here is if you're renting a car, you better make
Speaker 4: sure you have the coverage on that car, because even
Speaker 4: though it's not your fault, you're responsible for it, right basically.
Speaker 12: Oh, absolutely, And I would say, you know, if the
Speaker 12: other party is at fault and they're paying for a
Speaker 12: rental car, make sure they're if you're if you're not covered,
Speaker 12: or even if you are, I'd have them pay for
Speaker 12: the insurance.
Speaker 2: Right.
Speaker 4: In other words, when you go to rent a car,
Speaker 4: rent the insurance too.
Speaker 12: Absolutely, yeah. I mean, especially if they're paying for it,
Speaker 12: because even if you have that We've talked about this before,
Speaker 12: but even if you had compon collision, your policy is
Speaker 12: not going to pay for the loss of use.
Speaker 4: So and they haven't even mentioned that yet. They haven't
Speaker 4: even mentioned that yet, which I hope they don't.
Speaker 2: So, Kim, I don't. I don't know.
Speaker 4: You may want to ask if that other insurance company
Speaker 4: hasn't did, I don't know.
Speaker 7: I can ask.
Speaker 9: You, is there any way to negotiate the cost.
Speaker 2: There's always everything's negotiable.
Speaker 4: But that doesn't sound like a lot of money for
Speaker 4: a full car worth a hell damage. See, A lot
Speaker 4: of people think whether it's severe hell damage or minor,
Speaker 4: it takes a different level of repair. The only time
Speaker 4: it takes a different level of repair is when the
Speaker 4: paint's damaged. If you had no paint damage, then all
Speaker 4: of the damage, whether it's a small ding or a
Speaker 4: big ding, is going to take almost the same amount
Speaker 4: of labor.
Speaker 9: Yeah. No, there was no paint damage.
Speaker 2: So, uh, the.
Speaker 4: Only other thing you could do you could ask them this,
Speaker 4: how long ago was this?
Speaker 2: By the way, how long ago this was in?
Speaker 9: Let's see, so the I returned it in early June,
Speaker 9: so that they are.
Speaker 2: They already repaired.
Speaker 9: It then, I mean, if they did, if you can't
Speaker 9: see it, I don't know if there's incentive to to
Speaker 9: repair it all the way if you can't visually.
Speaker 4: See it, right, I don't know if they did or not.
Speaker 4: But even if they didn't, there is a damage. There
Speaker 4: is a damage. You owe them. I don't think you
Speaker 4: can make the argument you don't owe it because they
Speaker 4: didn't spend it. The diminished value you could argue, but
Speaker 4: that's only what four or five hundred and what else
Speaker 4: was administrative charges.
Speaker 9: And administrative sees one hundred and fifty dollars for administrative sees.
Speaker 4: You never agreed to that. I would dispute those extra charges.
Speaker 4: But the actual repair you're gonna have to pay for,
Speaker 4: I mean really.
Speaker 9: Okay, I mean.
Speaker 2: People, what can we say?
Speaker 4: I was going to say it if it hadn't been repaired,
Speaker 4: you could have had an estimate done on it and
Speaker 4: maybe ask them if you could have it done.
Speaker 2: But I think it's too late.
Speaker 4: By the way, the Insurance Health Center is a compass
Speaker 4: insurance If you want quotes on insurance or see if
Speaker 4: they can, it's called the insurance checkup to see if
Speaker 4: you're paying too much or not enough. And I'm gonna
Speaker 4: tell you they're very honest. If they can't save you money,
Speaker 4: they'll tell you they're not gonna lie to you about it,
Speaker 4: so you'll always benefit by at least checking with them.
Speaker 2: Three oh three nine nine six nine thousand.
Speaker 4: Go with a sure thing Denver's Best roofer Excel roofing
Speaker 4: dot com.
Speaker 2: You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup, free, no obligation in comparison
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies. Find out now three oh three, seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank durand the real estate man
Speaker 4: dot com to list your home with Remax Alliance three
Speaker 4: oh three nine two zero sixteen twenty two. Hi, Tom Martino,
Speaker 4: your troubleshooter terioll three seven one three talk seven one
Speaker 4: three eight two five five ricks got a problem.
Speaker 2: With American homes Richmond.
Speaker 4: American homes Richmond, I believe was recently sold to a
Speaker 4: Japanese company.
Speaker 2: Rick, what's going on it?
Speaker 7: Correct?
Speaker 19: Tom? I appreciate your taking the call. I called you
Speaker 19: yesterday actually in regards to a speeding ticket, if you
Speaker 19: recall that. And my name is Richard, but my mother
Speaker 19: called me Rick, so that's.
Speaker 4: Why I go, oh yeah, yeah, you got a speeding
Speaker 4: ticket and Frederick and you never signed it.
Speaker 2: You wanted to know can they still prosecute it? Yeah?
Speaker 2: So what's going on now?
Speaker 7: Yeah?
Speaker 19: Well, my woman and I we signed a contract to
Speaker 19: purchase a Richmond American home in April, and throughout the
Speaker 19: process they give you a a more or less a
Speaker 19: spec home. They don't give you a whole lot of
Speaker 19: options to you.
Speaker 4: Well, yeah, they're semi semi custom right there. And they
Speaker 4: used to be pretty they used to be pretty nice homes.
Speaker 4: I don't know how they are recently, but they're pretty good.
Speaker 7: Yeah, they're not bad.
Speaker 19: I mean the way that they're constructing it. I've I've
Speaker 19: been there every day pretty much for the last two
Speaker 19: or three months when they started the building, and what
Speaker 19: really good job on it.
Speaker 7: But part of the part.
Speaker 19: Of the agreement between the sales person, myself and my
Speaker 19: woman and my realtor was that we were going to
Speaker 19: have a black roof, black shingles put on it.
Speaker 2: So long now when was this in? Was in? Was
Speaker 2: this in the contract anywhere?
Speaker 7: Well, here's the problem.
Speaker 19: It's you know, I mean, like the contracts are like
Speaker 19: ninety pages long, and I'm exaggering a little bit, but
Speaker 19: not by much. So you're on the DOCU side, you
Speaker 19: go through, you know, signature by signature, by signature and whatnot.
Speaker 7: So after we had agreed.
Speaker 4: Yeah, black black asphalt is just just so you know,
Speaker 4: I know you want one, but it's a bad idea,
Speaker 4: but keep going.
Speaker 7: Oh, I get it. I get it. They conduct a
Speaker 7: lot of heat.
Speaker 4: They're really bad ideas for everything you can think of it.
Speaker 4: It doesn't last as long, your decking doesn't last as long.
Speaker 4: It radiates tremendous heat into the house. But anyway, keep going.
Speaker 4: That doesn't mean you can't requested go ahead.
Speaker 19: Right, So in any case, we had all sat down
Speaker 19: before signing through Docus signed and had agreed on the
Speaker 19: black Shine group.
Speaker 7: A ackout.
Speaker 19: They actually let us pick out the colors at home,
Speaker 19: and she based it around that black roof. And so
Speaker 19: the other day when I was there, they put on
Speaker 19: gray shadles. So immediately I went up to the to
Speaker 19: the you know, the roofer, and I told him, I
Speaker 19: said stop now if you can.
Speaker 7: Please, because that isn't what we agreed to.
Speaker 19: So that we went back to the sales office and
Speaker 19: I told the self person, not our original self person,
Speaker 19: but another self person, that we had agreed to black. Well,
Speaker 19: come lo and behold. The next morning the original self
Speaker 19: person got on it, sent me a copy of the
Speaker 19: work under the work order said gray. So we did
Speaker 19: sign for grey. So I sent a reel.
Speaker 2: If you signed for gray, why are we discussing this?
Speaker 19: Well, you know, because I don't know, Tom, I was
Speaker 19: just wondering whether or not there was any kind of mine.
Speaker 4: Well, if there was a tell me, well, I want
Speaker 4: to ask a few questions. I'm not trying to trip
Speaker 4: you up. I'm trying to ask questions here.
Speaker 2: Why do you think that they would go against your wishes?
Speaker 4: I mean why, I don't understand if you were at
Speaker 4: the table, If you were at the table and you said, now,
Speaker 4: by the way, we want black asphalt, why do you
Speaker 4: think he would trick you?
Speaker 2: Well, but what was in it for them discussing?
Speaker 19: Well, we had been discussing the gray and the black,
Speaker 19: because it was my opinion that the gray would be cooler,
Speaker 19: last longer, and everything else.
Speaker 7: So I agreed with that. However, my woman wanted.
Speaker 19: The black because of the way that you know, the
Speaker 19: scheme of the colors on the home that she had
Speaker 19: picked out. So we all agreed, all that were in
Speaker 19: that room, that they should be black. And what happened
Speaker 19: was the actual salesperson aired and put gray in there
Speaker 19: because of the conversation that I was having in everybody
Speaker 19: in the room at first. So that's truly what happened.
Speaker 19: And so I.
Speaker 4: Went ahead so that salesperson could have gone in and
Speaker 4: just made a correction.
Speaker 2: Do you think the salesperson forgot?
Speaker 19: I do I think the salesperson forgot.
Speaker 7: Not that it's gonna make.
Speaker 19: Any difference, because I sent an email to the director
Speaker 19: of sales and the president of Richmond, you know, talking
Speaker 19: to them about this, saying there was an air done,
Speaker 19: but what we really want we want black shingles. They
Speaker 19: got back to me and told me that, you know
Speaker 19: the contractual, you know you're gonna get gray shingles. So
Speaker 19: I'm like, hey, is there any other concessions that we
Speaker 19: can go with? So they got back to me and said,
Speaker 19: we'll give you a five thousand dollars credit towards closing costs.
Speaker 19: Oh and so, so are you of the opinion that
Speaker 19: that is a good deal or you know, I know
Speaker 19: that the roof was going to be about twenty grand.
Speaker 4: I have a friend, Wait a minute, wait a minute,
Speaker 4: a five thousand dollars credit for you just as a
Speaker 4: good will gesture? Or are you thinking about doing your
Speaker 4: own black roof?
Speaker 19: Well, I had thought about it. One of one of
Speaker 19: my very very good friend works for Jay at Excel,
Speaker 19: and I brought him.
Speaker 7: Up there last night.
Speaker 19: We looked and about you know what the roof would
Speaker 19: actually cost. I don't know what it would cost Richmond
Speaker 19: exactly because I'm sure they've got some sort of discounts
Speaker 19: going on. But it's about a twenty thousand dollars roof,
Speaker 19: So so.
Speaker 4: You'd be out of pocket fifteen you'd be out of
Speaker 4: pocket fifteen grand.
Speaker 5: That's correct.
Speaker 4: I wouldn't do it. I mean, is it that important?
Speaker 4: Is it that important?
Speaker 7: Well, more that I think about it, the more that
Speaker 7: I you know, talk about it, it's it is. It
Speaker 7: isn't very important to my woman. But you know, I mean, if.
Speaker 2: They would they let you, would they let you walk?
Speaker 5: Yeah?
Speaker 7: I don't think they'll let me walk.
Speaker 19: You know, you got I got mushia on it already.
Speaker 7: You know, I doubt they would let me walk.
Speaker 19: And I don't know that I really want to walk,
Speaker 19: and I don't really want to, you know, bash the
Speaker 19: homes because I'm homes are doing two by stars on
Speaker 19: the exterior, so on and so forth.
Speaker 7: It's a decent, nice raunch.
Speaker 4: So you know, your friend at Excel try to talk
Speaker 4: to you out of black too.
Speaker 19: Oh yeah, see, obviously he absolutely did.
Speaker 4: And why if you explain that to your spouse. I
Speaker 4: think she may understand.
Speaker 19: Yeah, and the other thing too, possibility of us going
Speaker 19: in and saying, can we change the exterior colors to
Speaker 19: match the gray now instead of matching the black.
Speaker 4: Well, gray and black are in the same color spectrum.
Speaker 4: What what would you have to change? I'm curious.
Speaker 19: Well, I don't know whether I let her.
Speaker 4: If it goes with black, it's going to go with
Speaker 4: gray as far as I know.
Speaker 7: Yeah, pretty much, pretty much.
Speaker 4: So you know, did you have did you have black shutters?
Speaker 4: Did you have black shutters?
Speaker 19: No, no shutters on it at all, or there was
Speaker 19: there's a little bit of black in the brick. There's
Speaker 19: a brick on it, you know, on front and the back,
Speaker 19: so there's a little lack in.
Speaker 7: The shade of the brick color.
Speaker 19: Other than that, I mean, she picked out a dark
Speaker 19: trim color, which I think you know, in it probably
Speaker 19: would be just fine even as it is. But I
Speaker 19: suppose we could go in there and change the color
Speaker 19: scheme if we really wanted to.
Speaker 4: No, well, if you can, but I don't see if
Speaker 4: you would or why you would.
Speaker 2: But that's none of my business. This is none of
Speaker 2: my business either.
Speaker 4: But I'm just asking this just out of curiosity, truly,
Speaker 4: and there's a reason for it because of real estate
Speaker 4: transactions I've seen in the past. You mention your woman
Speaker 4: not your wife. Are you married to this woman or
Speaker 4: are you doing it as a partnership.
Speaker 7: No, we're cohabitating.
Speaker 2: But are you doing it as a partnership.
Speaker 19: Well, I don't know how you define partnership.
Speaker 7: We are.
Speaker 2: Well, that's why I'm saying this, Rick.
Speaker 4: I don't want to cause trouble, but I am telling
Speaker 4: you it is insane to buy a house with someone
Speaker 4: who is not your spouse without a partnership agreement. Okay now,
Speaker 4: and I'm not talking And now now why do you
Speaker 4: you do not need one with a spouse because the
Speaker 4: laws cover marriage and dissolution of marriage. There are no
Speaker 4: laws to cover your situation like percentage of ownership, who
Speaker 4: contributed what? Who gets what? And I'm just saying, is
Speaker 4: this the love of your life?
Speaker 2: You're is this? Do you consider her your wife?
Speaker 19: Yes?
Speaker 7: And I get exactly what you're saying. He done.
Speaker 19: I had a lawyer drawing up for us.
Speaker 2: It's like, wait, so you do you do have a
Speaker 2: partnership agreement? Shoul we do? Oh? That's good.
Speaker 4: Okay, so so you are buying it as partners.
Speaker 19: That's corrects all pretty much spelled out.
Speaker 2: The excellent excellent man.
Speaker 4: So so if something happens between the two of you,
Speaker 4: then you have the dissolution spelled out.
Speaker 19: We have it all spelled out.
Speaker 7: We also are.
Speaker 4: Good if you're a smart man, Rick, you're a smart man.
Speaker 2: Thank you. I just again, but okay, but no, that's
Speaker 2: a smart thing to do.
Speaker 19: Appreciate what I appreciate that, Tom, but I but I
Speaker 19: truly appreciate what you do. And I guess my call
Speaker 19: today is more out of a frustration level.
Speaker 4: They have a you know what, you know, here's the thing.
Speaker 4: I'm going to tell you something that's weird. Let's say
Speaker 4: a salesperson was there and said that, and you could
Speaker 4: prove it, but the contract says something different. You will
Speaker 4: find wording in that contract. It should be in that contract.
Speaker 4: It's in most that says any other promises, verbal or
Speaker 4: whatever are superseded by the contract.
Speaker 7: Right, So, even with a witness.
Speaker 2: Where that's right.
Speaker 4: That's what I was getting at. And I don't call
Speaker 4: it screwed. I call it divine intervention. And I'm just
Speaker 4: kidding a little. But you don't. I love by the
Speaker 4: way I know what she's trying to do. And I
Speaker 4: love a black I love the way they look, so
Speaker 4: don't get me wrong. I love a slate roof. Now
Speaker 4: if it was slate, that's different. But man, I would
Speaker 4: never go with a black asphalt roof, never, even though
Speaker 4: I love it, even though I love the way it looks.
Speaker 4: I got to take a break. I'm Tom Martine Moore
Speaker 4: coming right up. Go with a sure thing Denver's best
Speaker 4: roofer Excel Roofing dot com. You don't pay a cent
Speaker 4: until you're content. Time for an insurance check up free,
Speaker 4: no obligation. In comparison, call Compass Insurance paying too much
Speaker 4: your coverage at dozens of insurance companies find out now
Speaker 4: three all three seven seven to one help. You'll think
Speaker 4: you're his only customer when you choose Frank durand the
Speaker 4: real estate Man dot com to list your home with
Speaker 4: Remax Alliance three oh three nine two zero sixteen twenty two.
Speaker 4: Hi Tom Martinez here three O three seven one three
Speaker 4: talk seven one three eight two five five U. Barry
Speaker 4: called yesterday one to cancel his PUER talk phone, and
Speaker 4: he said it was incapacitated not working, and he had
Speaker 4: to get like some kind of password off it for
Speaker 4: him to cancel.
Speaker 2: So it's broken. He wants to cancel his account, but
Speaker 2: they won't let him until he gives the verbal password.
Speaker 2: I said, why don't you go online? They have an
Speaker 2: online portal. I thought.
Speaker 4: My people went on there and looked and said, there
Speaker 4: is a way to cancel online without a verbal password,
Speaker 4: or you can change your verbal password online.
Speaker 2: So, Barry, what happened?
Speaker 11: Yes, I found out yesterday when they went down down
Speaker 11: a computer, went downtown on get down my computer. They
Speaker 11: tried to make a payment.
Speaker 2: On it. Who tried to Who tried to make a payment?
Speaker 7: Barry, Uh, peer talk.
Speaker 2: You mean they tried to take a payment from you?
Speaker 11: Yes, And I changed my debit card. Good, and it
Speaker 11: was returning. So I say, as you talked of it,
Speaker 11: my tame of being a returned My account was canceled.
Speaker 2: Oh good, So you accomplished what you wanted.
Speaker 11: Yes, Okay, thank you for your advice.
Speaker 4: Okay, Well I'm glad. I'm glad that happened. He changed
Speaker 4: his debit card, so he did skin a cat a
Speaker 4: different way. He changed his debit card, which in turn
Speaker 4: helped him to get that canceled. Thank you very much. Hey, Chopper,
Speaker 4: I know you only have a few seconds. This is
Speaker 4: a follow up from yesterday, right Chopper.
Speaker 2: Oh he did. Oh my goodness, Chopper is just strong.
Speaker 4: Okay, Chopper, get on for the start of the next
Speaker 4: hour and we'll talk about your follow up something with
Speaker 4: that construction company. I got to figure out the original
Speaker 4: caller and then we'll come out back with that and
Speaker 4: more and any calls that you have three oh three
Speaker 4: seven one three talk seven one three eight two five five.
Speaker 2: And don't forget.
Speaker 4: You can also call three oh three seven to one
Speaker 4: three talk and you can text me.
Speaker 2: Of course, we got more right after this.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation in comparison,
Speaker 4: call Compass Insurance paying too much your coverage? That does
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two.
Speaker 17: Yeah, ripped of red news.
Speaker 1: You need advice?
Speaker 9: Who you don't have the.
Speaker 16: Who come running just as fast as we can.
Speaker 1: Show Shooter's gonna help.
Speaker 3: Come man, This is the Troubleshooter Show.
Speaker 4: Now Tom Martino, Hi, Tom Martino here, Welcome to the show.
Speaker 4: Three oh three seven one three talk three oh three
Speaker 4: seven one three eight two five five. How can we
Speaker 4: help you today? We love helping people, so let's go
Speaker 4: right to the phones. We've got Deputy Chopper who wants
Speaker 4: to give us a follow up on a case that
Speaker 4: came in I believe the other day from Clay.
Speaker 2: I'm trying to find the call.
Speaker 4: You remember when oh yeah, yeah, yeah, he bought a
Speaker 4: house four years ago and the leech field went bad.
Speaker 2: This is what was weird. Okay.
Speaker 4: He hired a construction company to put in a new field,
Speaker 4: a leech field. The leech field, for those listening, is
Speaker 4: part of a septic system. That what happens with a
Speaker 4: septic system. The sewer main from the house goes into
Speaker 4: the septic The solids drop to the bottom and are
Speaker 4: pumped out about every five years or so.
Speaker 2: But the top the.
Speaker 4: Liquids go out from to the top of the tank
Speaker 4: through holes into a leech field where it evaporates.
Speaker 2: And then enriches the soils. Usually it's a sandy soil
Speaker 2: put in for a leech field. So what's going on? Though?
Speaker 4: It failed and he paid ten grand up front on
Speaker 4: June twentieth to Shraw Construction Mark Schraw, and then he said,
Speaker 4: heard nothing from them.
Speaker 13: Yes, Tom, I talked to Clay and we went over
Speaker 13: several options that I told him that we could do.
Speaker 13: He and the one option I said is I also
Speaker 13: looked online, and believe it or not, this construction company
Speaker 13: had more good things than bad things.
Speaker 2: Oh okay.
Speaker 13: And I said about having an attorney just sent a
Speaker 13: letter there and tell them what's going on. Why can't we.
Speaker 7: Get this done?
Speaker 2: Why can't we call him today?
Speaker 7: Excuse me?
Speaker 2: Why can't we call him?
Speaker 1: Uh?
Speaker 2: Well, I'm just curious to say, go ahead.
Speaker 13: Well, anyhow, the attorney wrote a letter and Clay called
Speaker 13: me today. Oh, Clay didn't want to come on the air.
Speaker 13: He says, he's not that good when he's talking on
Speaker 13: the air today. And they showed up today all the equipment,
Speaker 13: oh everything.
Speaker 2: Did he have an attorney write a letter?
Speaker 5: Yes he did?
Speaker 4: How could he that was only that was only a
Speaker 4: day ago, two days ago.
Speaker 13: I know, I know, in uh, it's a ninety three ginger.
Speaker 2: Wow, it sure is.
Speaker 4: Hold On, I'm I like I like the idea. Hold on,
Speaker 4: I like that idea. But Chopper, I'm wondering, did an
Speaker 4: attorney really write a letter or do you think it was?
Speaker 4: I mean, I'm not trying to take credit for it,
Speaker 4: but but how the hell.
Speaker 2: Did he get an attorney?
Speaker 4: He called on the thirtieth, right, And how did he
Speaker 4: get an attorney?
Speaker 7: Yes?
Speaker 13: Well I talked him two days ago and yeah, he
Speaker 13: said he had attorney send the guy a letter.
Speaker 2: Wow.
Speaker 4: That's good work, play good work getting an attorney to
Speaker 4: to do that.
Speaker 2: Wow. So they showed up.
Speaker 13: They showed up, and all the pipes everything. I think
Speaker 13: I told you I was familiar with septic because I
Speaker 13: have one. Everything's there and he's happy.
Speaker 2: Oh man, that's good.
Speaker 4: Yeah, And that that was only part of the money.
Speaker 4: He has to pay the rest when it's done. I
Speaker 4: recommend to this guy that he he waits for final
Speaker 4: inspection before he pays. But I wonder why that company
Speaker 4: didn't show up. But as you said, it wasn't a
Speaker 4: bad company.
Speaker 2: From what you could find.
Speaker 13: That's correct.
Speaker 2: Okay, Chopper, thanks you working on anything else.
Speaker 13: I actually do. And I have to ask you on
Speaker 13: this one, Tom, Did I ever give you a follow
Speaker 13: up on the city of Jumpstown versus this pur house
Speaker 13: that was getting flooded?
Speaker 2: You know what, I'm not sure you did tell me
Speaker 2: about it.
Speaker 13: Well, I'll cut this one's real short because I know
Speaker 13: we're busy. The bottom line is, I did get a
Speaker 13: hold of this City of Johnstown.
Speaker 2: I thought this was this angie.
Speaker 4: Was this angie who bought a house that was built
Speaker 4: in the sixties and and she said that the city's
Speaker 4: drainage was doing damage to her house.
Speaker 13: Yes, and causing termites and everything.
Speaker 1: Yeah.
Speaker 13: Well, this this is one where there appears to be
Speaker 13: no immediate solution. The City of Johnstown basically is saying
Speaker 13: the old They have no money. They say they inherited
Speaker 13: this from Well County when they annexed the area. They're
Speaker 13: aware of the problem, they want to fix it, but
Speaker 13: it's not going to take place what.
Speaker 2: They acknowledge it. And they say they're broke.
Speaker 13: That's exactly right, Tom. Wow, I almost thought buy the
Speaker 13: house and make it a retention pond, and that might
Speaker 13: be the cheapest thing. Uh and she even gave that
Speaker 13: some thought.
Speaker 2: Wow.
Speaker 4: But so the city acknowledges the problem but says they
Speaker 4: can't afford to fix it.
Speaker 18: But they say, yeah, they said, they have several other
Speaker 18: public works going on at the same time, and there's
Speaker 18: just no money in the twenty twenty four budget.
Speaker 19: Maybe next year.
Speaker 4: Oh man, you know that's weird, you know. Okay, well,
Speaker 4: thank you for finding that out. I mean, you can't
Speaker 4: fight city Hall literally, I mean if they but but
Speaker 4: I'm wondering if she would have no and I'm serious
Speaker 4: about this. You see, there's something in the governmental immunity
Speaker 4: law that would be triggered.
Speaker 2: Here do you know what that is? Governmental immunity says.
Speaker 4: Here's what Governmental immunity says that as long as the
Speaker 4: city or the municipality, whatever it is, can show it's
Speaker 4: doing normal maintenance and repairs, it can't be held respondsible
Speaker 4: for damages.
Speaker 2: But they're admitting they're not doing it.
Speaker 4: I think they could be held responsible for damages.
Speaker 2: I mean, I really do.
Speaker 4: I think in a civil action. I think in a
Speaker 4: civil action, if she you might want to mention to her,
Speaker 4: if she brought a civil action, she could probably prove
Speaker 4: that they're not maintaining the infrastructure properly, and that's not
Speaker 4: her problem. That they annexed it without money. They're going
Speaker 4: to have to raise taxes or something. But she shouldn't
Speaker 4: be the sole victim, not at all.
Speaker 13: So okay, there's also ten neighbors that might go in.
Speaker 4: Well, that's a good idea because I think they have
Speaker 4: a good case and I don't think immunity is going
Speaker 4: to get is going to be on the city side
Speaker 4: in this case because they say they're broke.
Speaker 2: That is not immunity. That's stupidity.
Speaker 4: That's lack of management, lack of leadership Johnstown.
Speaker 13: I agree with you.
Speaker 4: I wonder if a lot of people in Johnstown are
Speaker 4: unhappy with the city. It seems that they have these problems.
Speaker 4: They have to have a lot more. Thanks for uncovering
Speaker 4: that we ought to you know people in Johnstown. If
Speaker 4: you know of people, spread the word and send us
Speaker 4: some emails or call the show. I want to know
Speaker 4: what's going on in Johnstown that they have the nerve
Speaker 4: to say they're running out of money, Well, then raise
Speaker 4: your taxes or something, or disor or or don't incorporate.
Speaker 2: I mean, what the hell are you doing.
Speaker 4: They annexed parts of places they can't afford to fix
Speaker 4: or maintain.
Speaker 2: Are they insane? You know that's not an excuse. Who's
Speaker 2: ever heard of such a thing. Well, when we annexed it,
Speaker 2: we inherited these problems. Well guess what they're your problems? Now, Golee.
Speaker 4: We have a lot more coming up on the Troubleshooter Show.
Speaker 4: By the way, Dan McKenzie is an estate planning attorney.
Speaker 4: Dan McKenzie McKenzie Law. Everyone needs a will, not everyone
Speaker 4: needs any anything else, But if you do, you can
Speaker 4: go to Dan McKenzie can talk about preserving your business,
Speaker 4: passing on your business, maybe uh, your your assets of
Speaker 4: some kind you want to protect, or you need a trust,
Speaker 4: whatever it is. Dan McKenzie mackenzie Law. Very personalized service
Speaker 4: eight three three co plans Go with a sure thing
Speaker 4: Denver's Best Roofer Excel Roofing dot com. You don't pay
Speaker 4: a cent until you're content. Time for an insurance checkup free,
Speaker 4: no obligation. In comparison, call Compass insurance paying too much
Speaker 4: your coverage at dozens of insurance companies find out now
Speaker 4: three oh three seven to seven to one help You'll
Speaker 4: think you're his only customer when you choose Frank durand
Speaker 4: the real estate man dot com to list your home
Speaker 4: with Remax Alliance three oh three nine two zero sixteen
Speaker 4: twenty two. Hi Tom Martino here three oh three seven
Speaker 4: one three talk three oh three he even won three
Speaker 4: eight two five five. Nancy and I believe arts on
Speaker 4: the phone to an issue with a dentist.
Speaker 2: What's happening?
Speaker 12: Yes, hopefully you can help us.
Speaker 2: Yeah, what's going on?
Speaker 12: Yeah, Nancy, I'm here with that. She's here, So what's happening?
Speaker 12: She had a forty five thousand dollars implant at a
Speaker 12: demo Associates of Aurora.
Speaker 2: Wait a minute, Wait a minute, Wait a minute.
Speaker 4: A forty five thousand dollars implant?
Speaker 12: Correct, and she paid out of pocket?
Speaker 4: Wait a minute, Hold on, no, no, no, I know
Speaker 4: that you want to tell your story, But my God
Speaker 4: in Heaven, I mean I've never heard of an implant
Speaker 4: more than I mean, at the outside with the full restoration,
Speaker 4: it's maybe five thousand.
Speaker 2: Are you talking about one implant or a mouth whole mouth?
Speaker 3: Oh?
Speaker 4: Well, okay, okay, that's different. So she had dentures with implant,
Speaker 4: is that right?
Speaker 5: Yeah?
Speaker 12: She had a old old mouth, the.
Speaker 2: Whole mouth restoration, I got it.
Speaker 4: How many actual implants were done?
Speaker 12: Ten?
Speaker 4: And then then so one implant holds a few teeth, right, yes, okay,
Speaker 4: so keep going what happened then?
Speaker 12: And then she went in to get a teeth cleaning
Speaker 12: and a dental associates charge insurance company h thirteen hundred.
Speaker 12: You know, the six hundred dollars service, and now they
Speaker 12: won't won't reimburse the seven hundred dollars.
Speaker 2: I'm not sure what we're talking about.
Speaker 4: So this is after the forty five thousand dollars was spent,
Speaker 4: she went in for a regular cleaning, is that right?
Speaker 12: Correct?
Speaker 2: And it was thirteen hundred.
Speaker 12: They charged her thirteen hundred dollars. But as a six
Speaker 12: hundred dollars procedure.
Speaker 2: Now, how do you know?
Speaker 4: And I'm not arguing, I just need to know when
Speaker 4: you say it is a six hundred dollars procedure, how
Speaker 4: do you know that?
Speaker 12: Well, they gave us the bill and I said six
Speaker 12: hundred dollars.
Speaker 4: Okay, So that's how much the cleaning was? Six hundred dollars?
Speaker 12: Correct? So they charged an insurance company thirteen hundred?
Speaker 15: Oh?
Speaker 4: Oh oh oh?
Speaker 2: Now I understand.
Speaker 4: So they got reimbursed thirteen hundred bucks.
Speaker 12: Correct, But Nancy kent seven hundred dollars back to her
Speaker 12: allowance on her insurance.
Speaker 4: But let me let me ask you this because I'm
Speaker 4: a bit confused. Sometimes insurance works like this where you
Speaker 4: have a portion to pay and then the insurance.
Speaker 2: Pays a portion. Or was this like, did she have
Speaker 2: a copay for the cleaning.
Speaker 12: No, it was just a six hundred dollars charge.
Speaker 4: So the cleaning if I walked in off the street
Speaker 4: would be six hundred dollars.
Speaker 12: Yes, that's what they charged her.
Speaker 4: That's a lot of money for a cleaning. By the way,
Speaker 4: was why was it so much the cleaning?
Speaker 12: According to the dentist doctor Lee says, there's a procedure
Speaker 12: to have these certain tools to get the dentures.
Speaker 4: Oh, because of all the implants. Yeah, it might be
Speaker 4: a whole different ballgame when you have that.
Speaker 2: Yeah, that could be so.
Speaker 4: So after that, she was charged six hundred dollars for
Speaker 4: a cleaning, and you're saying that your insurance company reimburse
Speaker 4: that dentist thirteen.
Speaker 12: Hundred Dental Association still have seven hundred dollars that belong
Speaker 12: to the insurance.
Speaker 4: Company because the insurance company overpaid.
Speaker 2: Correct, So you never paid out of pocket? Is that right?
Speaker 12: She paid out a pocket for the initial payment because
Speaker 12: they would not accept the insurance company because they weren't
Speaker 12: sure if the dental codes would cover it. And we
Speaker 12: found out that dental codes were covered.
Speaker 2: So what did she pay out of pocket?
Speaker 12: She paid six hundred but that was reinversed.
Speaker 4: Okay, So right now, why do you now and I
Speaker 4: don't mean this to be a wise ass, why do
Speaker 4: you care if you got your money back? Why do
Speaker 4: you care what they charged your insurance?
Speaker 12: Well, the reason is she needs that seven hundred dollars
Speaker 12: back for another procedure and she only has that three
Speaker 12: hundred dollars left in her dental allowance.
Speaker 4: Oh because, okay, so the insurance only pays a certain
Speaker 4: allowance what every year?
Speaker 12: Yeah, a year? And then she paid six hundred for
Speaker 12: the cleaning.
Speaker 2: No, I get it, I get it.
Speaker 4: So because she has only a certain amount every year
Speaker 4: in benefits, she needs them to credit the extra money
Speaker 4: and not charge it.
Speaker 12: Correct.
Speaker 2: But can I ask you something, what kind of dental
Speaker 2: plan is this? It's just to.
Speaker 12: Do signa a dental fan through signa.
Speaker 2: Really and and how does it work? How much do
Speaker 2: you pay every month for it?
Speaker 10: You paid paying that my medicad of money that ensued.
Speaker 12: I think if she pays like three hundred months for
Speaker 12: insurance something like that.
Speaker 4: Okay, I got it, I got it. Okay, So listen, man,
Speaker 4: this dental office basically overcharged or did the code call
Speaker 4: for that money?
Speaker 12: The cold came up that six hundred dollars?
Speaker 2: Did you tell them about this?
Speaker 12: Oh yeah, We've been dealing with this for one hundred
Speaker 12: and ten days.
Speaker 4: What do they say when you say you got paid
Speaker 4: too much? What do they say about it?
Speaker 12: They said that they were going to send the check
Speaker 12: to Signa about six to eight weeks ago, and Signa
Speaker 12: has not received the check yet. We just got off
Speaker 12: the phone with Signa and still no check.
Speaker 2: Okay.
Speaker 4: And because of that, your wife's allowance is lower, she
Speaker 4: doesn't have as much money left.
Speaker 12: Right three hundred and another quick thing. We've been dealing
Speaker 12: with this for a long time, and and Dental Associates
Speaker 12: of Aurora told Signa not to call back no more.
Speaker 12: We've had multiple three ways with a dental office.
Speaker 4: Wait a minute, so Dental Associates of Aurora is the
Speaker 4: one doing this correct, And they're the ones that did
Speaker 4: the forty five thousand dollars restoration.
Speaker 12: Correct. They kicked her out and they won't reimburse the
Speaker 12: seven hundred dollars and they told us not to call
Speaker 12: no more. So that's why we called you.
Speaker 4: I would take him the small claims court, I swear
Speaker 4: to God I would. I would, because in essence, they
Speaker 4: took that money from her allowance.
Speaker 7: Right.
Speaker 2: I think if you, I think if you.
Speaker 4: Started a small claim I really mean this, I think
Speaker 4: that would shake them up.
Speaker 2: I think you would get some action. Or have you
Speaker 2: called the dental board?
Speaker 12: I'm not not yet. We just got off the phone
Speaker 12: with Signa and.
Speaker 14: But it's been one hundred and ten days and you
Speaker 14: didn't call the dental board.
Speaker 9: No.
Speaker 12: Signa was supposed to take care of it, but they
Speaker 12: just told us that we have to buy all these
Speaker 12: appeals now and that's going to take another four or
Speaker 12: five months.
Speaker 4: Wait wait, wait, wait wait, why would that that's a
Speaker 4: good point. Signa is the one that paid it. Do
Speaker 4: they know they overpaid?
Speaker 2: Yes, they do, then why don't they do something about it?
Speaker 12: That's what we were calling. That's why we got frustrated
Speaker 12: with them and said, I'm calling Tom Martino, been listening
Speaker 12: for thirty years.
Speaker 4: By the way, man, I'd love to help you on this,
Speaker 4: but I am trying to help you.
Speaker 2: I'm not telling you we won't help you. But I'm almost.
Speaker 4: Positive if you file small claims court against Dental Associates
Speaker 4: of Aurora for overcharging and you can show that they
Speaker 4: how do.
Speaker 2: You know what was paid to them from your is?
Speaker 4: Does it show on your EIB your explanation or your
Speaker 4: EOB or explanation of benefits.
Speaker 12: On the receipt we got from them just says six
Speaker 12: hundred dollars on the date of service, which is four
Speaker 12: ten twenty four.
Speaker 4: Right, But what about the money your insurance paid?
Speaker 2: Where do you get that figure.
Speaker 12: From the insurance company? They said that it was a
Speaker 12: six hundred dollars um charge and then like they said,
Speaker 12: now they want they're overcharged by seven hundred, Insigna pull us.
Speaker 12: It's up to us to get it back.
Speaker 2: No, I don't see. That doesn't make sense to.
Speaker 12: Me exactly.
Speaker 4: So and so wait, wait are they saying that they
Speaker 4: were charged six hundred dollars at first and then another
Speaker 4: seven hundred dollars?
Speaker 12: Now they charged thirteen hundred dollars for six hundred dollar fee.
Speaker 2: And okay six and got the what.
Speaker 12: That six hundred dollars back that she paid through her
Speaker 12: credit card? So that we're not worried about that.
Speaker 4: No, I know you got that back, but your insurance
Speaker 4: company is out thirteen hundred bucks.
Speaker 12: I think it's seven hundred Now.
Speaker 10: To hunt it for clean tea.
Speaker 9: Or what it?
Speaker 4: Okay, okay, I'm more confused now than ever I thought
Speaker 4: I had this down hold on.
Speaker 2: I want to get this straight.
Speaker 4: You're telling me it was a six Just wait, just
Speaker 4: for very simple answers. You told me it was a
Speaker 4: six hundred dollars cleaning, right, correct. What is the total
Speaker 4: amount of money your insurance paid for that cleaning?
Speaker 12: Thirteen hundred?
Speaker 4: Well, then that's another seven hundred dollars. So they're overcharged seven.
Speaker 2: Hundred dollars correct.
Speaker 4: Okay, so you need to sue this dental office for
Speaker 4: seven hundred dollars because they over they in essence overcharged
Speaker 4: you even though the insurance paid it.
Speaker 2: It came out of her benefit.
Speaker 12: Correct.
Speaker 4: I would start that immediately, I swear to God. I
Speaker 4: would start. I would go online in the county they're in.
Speaker 4: They're in Aurora, I would do a small claim for
Speaker 4: seven hundred dollars plus.
Speaker 2: We will call them as well.
Speaker 4: The problem with calling for medical stuff like this is
Speaker 4: they're going to cite HIPPA and all.
Speaker 2: Of that crap.
Speaker 4: But if we do it the right way, we're not
Speaker 4: going to ask for any medical information whatsoever. We're simply
Speaker 4: going to ask them why are they overcharging for a
Speaker 4: procedure and why didn't they refund the money to your
Speaker 4: insurance period?
Speaker 2: I mean that it's crazy. I mean it sounds pretty
Speaker 2: dishonest to me.
Speaker 12: Yeah, we're not allowed to call them anymore, as well
Speaker 12: as SINGNA can't call them anymore.
Speaker 4: Well, who says god? I mean, what do you mean
Speaker 4: you're not allowed to call them?
Speaker 12: Oh, they told SIGNA that do not call anymore on
Speaker 12: this matter.
Speaker 4: But why do they believe they should keep an extra
Speaker 4: seven hundred dollars?
Speaker 12: Yeah, supposedly, they say, the check but not received.
Speaker 2: Well, doc, can you take a stab at this?
Speaker 14: I can tell you what they're going to say. They're
Speaker 14: going to say that they can't even acknowledge the fact
Speaker 14: that she was a patient there. So why would not
Speaker 14: only would I file small claims? I would call the
Speaker 14: insurance Commissioner because it's an insurance matter, and they might
Speaker 14: step in and get to settled very quickly.
Speaker 2: I don't think the Insurance commission will get involved. And
Speaker 2: I'll tell you why. Tell me why because because here's why.
Speaker 4: Because the victim here is an insurance company, and the
Speaker 4: insurance company isn't even complaining. The consumers have no standing there. Now,
Speaker 4: why would they have standing in small claims court? Because
Speaker 4: it came out of her benefit? How much does she
Speaker 4: get in a benefit.
Speaker 2: For each calendar year sixteen? So they basically took seven
Speaker 2: hundred away from that?
Speaker 12: Correct, she has a three hundred left in and it
Speaker 12: should be one thousand.
Speaker 2: Right, I get exactly where you're going with this.
Speaker 4: It makes complete sense to me, and I would sue
Speaker 4: them in small claims court and docs, right, I mean,
Speaker 4: you have to do this directly. You sue them in
Speaker 4: small claims court and say that your her insurance account
Speaker 4: was overcharged by seven hundred dollars, diminishing her benefit by
Speaker 4: that much, and you want to be reimbursed since now.
Speaker 2: You have to pay for it. You really need to
Speaker 2: do it, bro And and we'll give.
Speaker 4: You instructions not on the law, but on the logistics
Speaker 4: of filing. But you go online and download the form
Speaker 4: and I will even talk to you about serving it
Speaker 4: and stuff or maybe help you serve them. It's dental
Speaker 4: Associates of Aurora of people. Be be very cautious. If
Speaker 4: they're doing this to these people, then who the hell
Speaker 4: else are they.
Speaker 2: Doing this too? We have more coming right up.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com.
Speaker 2: You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free, no obligation comparison call
Speaker 4: Compass Insurance Paying too much your coverage at dozens of
Speaker 4: insurance companies find out now three all three seven to
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three all
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 4: your troubleshooter three al three seven one three talk seven
Speaker 4: one three eight two five five.
Speaker 2: Jeremiah's on the line. Now, Hi Jeremiah, what's happening?
Speaker 6: Hey Tom? How's it going?
Speaker 2: Good man? What's going on with you?
Speaker 6: Not a whole lot. I just recently hired an electrician
Speaker 6: to come in and do some work for me. Yeah,
Speaker 6: install some lights.
Speaker 5: Uh.
Speaker 6: And I was in the attic for something else after
Speaker 6: the installation was done and noticed that the electrical line
Speaker 6: that was run came comes through. They punched a hole
Speaker 6: in my furnace vent that goes from the basement through
Speaker 6: that experience.
Speaker 2: You mean your duct work.
Speaker 6: Yeah, and they ran the electrical through the duct work,
Speaker 6: so there's a okay.
Speaker 4: So they ran it through the duct work as opposed
Speaker 4: to running it around the duckers.
Speaker 2: So they literally just drilled through the metal.
Speaker 6: Yeah, I've got pictures. They just ripped a hole in
Speaker 6: the in the vent. And it's not when you say.
Speaker 2: Vent though, was there a vent already there?
Speaker 6: No, this is the event for the furnace, the CO
Speaker 6: two break, the off gassing.
Speaker 2: Okay, got it, okay, So.
Speaker 6: So they just it was it was there in an
Speaker 6: event cap and so they just punched a hole on it.
Speaker 6: So I'm concerned about CO two in the attic and
Speaker 6: all that kind of stuff.
Speaker 4: Yeah, well okay, but your attic should be ventilated any way.
Speaker 2: But still you don't want CO two. So this this
Speaker 2: flu is the furnace in the attic.
Speaker 6: No, the furnace is in the basement.
Speaker 5: It just runs.
Speaker 4: Okay, so this is the flu, the exhaust flu that
Speaker 4: goes out.
Speaker 6: Correct.
Speaker 2: Oh that's what they drilled through. Correct. So there's a
Speaker 2: wait a minute, How lazy is that? Why the hell
Speaker 2: they do that?
Speaker 6: Maybe they thought I wasn't going in the attic.
Speaker 2: What I want to know is this was there an
Speaker 2: easy way around it?
Speaker 6: Not that I know. I mean I did. I didn't
Speaker 6: inspect the work as far as like how they could
Speaker 6: have run it. I just saw the whole called the company.
Speaker 6: They are saying they're going to come fix it. But
Speaker 6: I'm my biggest concern is who do I need to
Speaker 6: inspect this to want make sure it's safe and done properly,
Speaker 6: because obviously this brings up some big red flags.
Speaker 2: Well and then okay, you know, hold on his cake.
Speaker 4: They installed some lights so it didn't require a permit, right,
Speaker 4: So you would have to get another electrician independent of
Speaker 4: these people to see if it was run right. But
Speaker 4: you also have to find one that's not going to
Speaker 4: try try to charge you to run up a bill.
Speaker 2: You know what I mean. It's it's like weird. So
Speaker 2: let's think about this where are you.
Speaker 7: In the springs?
Speaker 4: Okay, so let's figure out who we can send there
Speaker 4: that's honest and open and just what you're really looking
Speaker 4: for is someone who's not going to rip you off.
Speaker 2: And I'm not saying, I'm not saying.
Speaker 6: And then I need an HVAC person to tell me, Hey,
Speaker 6: this vent is safe.
Speaker 4: Well, okay, the vent is not going to be unsafe,
Speaker 4: but it's going to off gas out the hole.
Speaker 2: How big is the hole?
Speaker 5: Uh?
Speaker 6: Probably three inch by three inch?
Speaker 2: Why did they make it so big? And wait? Wait,
Speaker 2: wait they sealed it? No?
Speaker 6: No, no, they peeled it back. Oh so they basically
Speaker 6: punched a hole and peeled it open. So it's about
Speaker 6: three by three.
Speaker 2: And what about on the other side. What on the
Speaker 2: other side? How big is it?
Speaker 7: Well?
Speaker 6: I can't see the other side. It's inside the dark.
Speaker 2: Event, inside the dark vent. I need to see the page. Kitchina.
Speaker 2: Did he send pictures of this?
Speaker 6: No, but I can text him to you.
Speaker 4: Now, hold on, Kitschina, get this photo so I can
Speaker 4: see it during the break. I'm Tom Martino. I want
Speaker 4: to come back and look at it right after this.
Speaker 4: Go with a sure thing Denver's best roofer Excel roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three O three seven
Speaker 4: to seven to one.
Speaker 2: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three oh three nine two zero
Speaker 4: sixteen twenty two. Hi Tom Martino, listen, I got the pictures, Jeremiah.
Speaker 2: Yeah.
Speaker 4: So Jeremiah says that they ran an electrical line for something, oh,
Speaker 4: a light, and they took the romex which is insulated wire,
Speaker 4: which is fine. But he said they ran it through
Speaker 4: a flu vent. But it doesn't look to me. I
Speaker 4: might be wrong that it's going through the vent itself.
Speaker 2: It looks like it's going.
Speaker 4: Through the collar that stabilizes the vent, through the floor
Speaker 4: or through the ceiling, so that vent is coming up
Speaker 4: from another floor, right from the from the lower floor.
Speaker 6: Correct, Yeah, now.
Speaker 2: I get it. Now I need to ask you a question.
Speaker 4: You peeled away that insulation and where that wire goes through?
Speaker 2: What it looks like it's metal.
Speaker 4: They peeled back the metal and put the wire through
Speaker 4: there is does air come out of there when the
Speaker 4: furnace is on.
Speaker 6: I haven't had the furnace on.
Speaker 4: Well, you need to check it out because I don't think.
Speaker 4: Here's what I think, if people can picture this, I
Speaker 4: believe the flu is continuous to the furnace. I don't
Speaker 4: think they cut into the actual flu. I think what
Speaker 4: they did was the flu where it goes through the floor,
Speaker 4: has a metal collar on it, and that metal collar
Speaker 4: insulates it from the floor from the wood, okay, And
Speaker 4: so sometimes people use metal straps to do that.
Speaker 2: Sometimes they use.
Speaker 4: These collars which are basically made of the same material
Speaker 4: as the flu. So for lack of a vetter, it's
Speaker 4: sheet seal or sheet metal. So they use sheet metal
Speaker 4: with a hole in the middle, and the flu goes
Speaker 4: through the hole, so the sheet metal is like a collar.
Speaker 4: It looks like they drill the hole into that collar
Speaker 4: and not into the flu itself.
Speaker 2: Take a flashlight and look in there.
Speaker 4: And see if it's actually infiltrating the flu itself.
Speaker 2: It doesn't look like it.
Speaker 6: Move any of that installation. That's the inslation. That's just
Speaker 6: how they left it.
Speaker 4: It was all okay, all right, well, actually it's better
Speaker 4: that you can see it right that they didn't cover up.
Speaker 5: Right.
Speaker 4: Now, let's just say it is infiltrating the flu itself.
Speaker 4: If it is, you're going to have to seal it
Speaker 4: because you don't want those gases in your attic.
Speaker 6: Okay, right, but yeah, are sharp, so we need to
Speaker 6: move it anyway.
Speaker 4: And then where does the wire go when it passes
Speaker 4: through the floor.
Speaker 2: Does it go to the light fixture?
Speaker 6: It goes to the light fixtures. And you can see
Speaker 6: that it wasn't like a past genny the framing. They
Speaker 6: just laid it on top.
Speaker 4: Of No, I no, I understand that that's a little sloppy,
Speaker 4: but I see where you're right. And the wire wasn't
Speaker 4: like stapled or or you know, or nailed you know,
Speaker 4: with a bracket to the to the stud It was
Speaker 4: a little sloppy.
Speaker 2: It's not the end of the world.
Speaker 4: What I'd be mainly concerned about is do a visual
Speaker 4: inspection through that hole to see if there is actually
Speaker 4: What you might see through that hole is that the
Speaker 4: flu continues down through the floor and it's not drilled
Speaker 4: at all, could be and If that's the case, that's
Speaker 4: what you want now to be doubly sure, turn on
Speaker 4: the furnace and then just put take your hand over that,
Speaker 4: wet your hand to put it over that and see
Speaker 4: if you can feel the air coming out through it,
Speaker 4: not regular air, but actually forced air from the flu
Speaker 4: If it's if it's leaking, then you want it sealed. Uh,
Speaker 4: it's it's no matter what it's kind of it's it's
Speaker 4: a porch. It no, you're or worse a four year old.
Speaker 4: I mean, it doesn't look great to me. I will
Speaker 4: go along with you on that, and if you want,
Speaker 4: you know, we can pressure them to fix it. But
Speaker 4: I'm not sure there's a lot to fix here. So
Speaker 4: if I were you, what I would do is look
Speaker 4: up there and then call us back and or or
Speaker 4: you can also text us and then we'll look at
Speaker 4: it tomorrow when we get on the air.
Speaker 2: But thanks for calling, and again just make sure you
Speaker 2: check that out.
Speaker 4: And again, your furnace wasn't on, so it's not like
Speaker 4: we're we're in heating season, but you need to turn
Speaker 4: it on to feel it.
Speaker 2: I'm Tom Martino. We're out of time.
Speaker 4: Don't forget call three Zho three Martino at any time
Speaker 4: for help, information and referrals.
Speaker 2: That's three oh three six two
Speaker 4: Seven eight four sixty six, and save all your problems
Speaker 4: for me