Spinal Surgery Patient Facing Incarceration by California Court for Allegedly Violating Workplace Restraining Order

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Church vs. state legal issue takes an awkward twist on the way to the Ninth Circuit

The Adventist Health System is seeking to incarcerate an ex-employee who has had an on-going workers’ compensation claim against the hospital chain for over a decade and who is now seeking legal review in the Ninth Circuit Court of Appeals (U.S.C.A. No. 06-16333, Clark vs. John Rea, et. al.).

Nurse Barbara Clark, a disabled handicapped injured worker, will present herself to the Placer County Superior Court in Auburn, California on Monday, September 11th, at 10:00 a.m. to face a work place violence hearing. The Adventist hospital chain, headquartered in Placer County, obtained restraining orders against Clark on June 19, 2005, the eve of Clark’s testimony before the California Fraud Assessment Commission.

If convicted of violating a workplace restraining order the nurse could face up to one year of incarceration in the Placer County jail. However, Clark claims the restraining order she allegedly violated was null, moot and void as it was issued by the state court after the petitions for the restraining orders was removed to the U.S. District Court in Sacramento.

Clark claims that the restraining orders, which were reissued July 10, were improper as all state proceedings should have halted once she removed the case to the federal district court from Placer County court. The restraining orders prohibited her from mailing claims forms to the Adventist claims adjuster, claims manager, workers’ compensation supervisor and others.

Clark will be a guest of the John Rothmann on KGO-AM Talk Radio, Sunday morning, September 10th, 1 to 2 am.

For more information see: http://www.BarbClark.org , http://www.CIAW.org , http://www.kgoam810.com , http://www.mystatefundstory.com,



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Larry Nign
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