Allegations of 'Emotional Injury' Levied against California Nurse by Adventist Hospital Chain Senior Staff

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Eight restraining orders removed to federal court in latest bizarre twist of the Adventist Health System v. Barbara Clark legal battle.

The President, Vice President, General Counsel, Director of Health Insurance Portability and Accountability Act (HIPAA) Programs, and several other employees administering the workers’ compensation program at the Adventist Health System of Roseville have obtained temporary restraining orders (TRO) against a former employee nurse in Placer County Superior Court (see case no’s: S-CV-19493, 19494, 19495, 19496, 19497, 19498, 19359, 19352). The TROs claim that individual Adventist staffers and corporate officers have suffered “workplace emotional injury” while administering the workers’ compensation claim of Barbara Clark, R.N., who has been ordered to remain at least 100 yards away from each employee individually.

“I was compelled to remove all these TROs to the federal court serving Sacramento,” cited Clark. Indeed, case numbers in the United States District Court for the Eastern District of California are now 2:06-CV-1465, 1466, 1467, 1468, 1470, 1471, 1472, 1473. Clark plans to file federal counter-claims against the Adventist hospital chain in the Sacramento federal court.

“This is just the newest attempt to quash injured workers that are aggressively pursuing their claims in the broken California work comp system,” said Larry Nign, an injured worker activist.

“Under California law anyone suffering workplace emotional injury has a workers’ compensation claim. It will be interesting to see if the senior staff of the Adventist hospital chain who filed these TROs do indeed have work comp psyche claims,” continued Nign. “I for one am bewildered and perplexed how eight such claims could be simultaneously filed,” said Nign.

Nign expressed concern that individuals with purported workplace emotional injury claims are still administering Clark’s work comp claim in a letter, July 3rd, to Carrie Nevans, director of the California Division of Workers Compensation (DWC).

Clark has been pursuing the Adventist Health System for violations of the Racketeering Influenced and Corrupt Organizations (RICO) statues in an on-going lawsuit in Bakersfield (see Kern County Superior Court, S-1500-CV-245966-LPE). Retired California Supreme Court justice Armand Arabian is one of her attorneys in that case.

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Larry Nign
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