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Cap, There is no mention of Bosque Del Mar project in the new corporate summary. Is it off the table?
What happened to our moderator????????
No one is foolin anyone but the fools here Q!!! I did my DD through the Nevada Secretary of States office. All these companies can be found, including UCG,MRG,IMR AND HERITAGE...they all come back to Chmielewski. The spelling is off by a few letters so it takes some tenacity. They can also be found researching records for Laughlin, Burnett and a Parsons Law firm. Public records search...not brain surgery. Too bad Melchiori doesn't step forward. Maybe he could shed some light and connect a few more dots...
Oh now there's a thought to make folks squirm...EMPY managing their own project. Hurry people, my bridge is now reduced to 20mil...
Is it just me or does anyone else find it odd that in 5/03 a deal is made for 3.4 mil to build a project with UCG named Heritage Oaks...project goes nowhere...so then in 2009 you claim to purchase the SAME property for 5.8 mil and put it on the project page as Bosque Del Mar????? And then call it a reduced price bargain???? You want DD??? Has Lee been doing his DD in Santa Barbara???? He needs to check out the statistics for foreclosures and short sales in the area. Just another project that will never go anywhere. If things are so bright with EMPY, pay the auditors and get the filings done. This is just another pump and dump scam. BTW I have a bridge for sale. Was listed for 10mil, but I will part with it for 15.
Cap, let's not forget this same purchase agreement was in place several years ago (5/03) using United Construction. Back then the price was $3,400,000. What happened to that deal? Since when is 5.8 mil a bargain when you were supposed to have a deal for 3.4??? If it walks like a duck...
If you have read all the posts, press releases, and researched this group and that isn't enough, then good luck to you.
Well Mick, if you have read all the information posted, read all the old press releases that NEVER happened (when RE was booming) then this would be a good time for you to just say "NEXT"!!
I'm sure everyone will recover nicely. After all, California's economy is booming. Especially multi million dollar homes. LOL Gotta give Terri Hourigan credit, she dumped the property before the Jackson family can open the Neverland Shrine, causing the locals to run like Hell!!!Bosque Del Mar here I come, can I qualify with CA's IOU's???????ROTFLMAO
I'm hearing many saying "I only lost 8 G, only lost 10 G. $ince when is it okay to $teal ANYTHING???????????? This will add up, factor in other "inve$tors" and so called "client$" of this and we may not have "Bernie", but we $till have a ca$e. (The money is adding up quickly) You can send me a message or post your story.
Below my comment to Lee is part of a new article from WorkCompCentral.
Hey Lee, you claim you don't know how to get in touch with Chmielewski??????? C'mon Lee, we all know better than that. If you forgot, just look at one of his email's to you. If you can't reach him at his "777" International extension...(You know, the one with the Vegas area code). Try leaving him a voicemail at the number above it...the one that says U.S. Toll Free.
California -- Firm Tied to Bankrupt Tribal Comp Plan Claims $10M Equity Line: Top [01/02/09]
A company that was once allegedly operated by a venture capitalist who abandoned hundreds of workers' compensation claims through the bankruptcy of his tribal workers' compensation coverage plan announced this month that it has obtained a $10 million line of credit from an East Coast investment house.
But a former employee has filed a complaint with the Securities and Exchange Commission (SEC), accusing the public company of misleading investors and operating a possible Ponzi scheme.
Empyrean President Robert Lee said Wednesday that Chmielewski has no formal connection to the company. “He advises me on certain things,” Lee said Wednesday.
The company had previously refused to comment on its connection with Chmielewski.
Empyrean Holdings announced in a Dec. 12 press release that it has obtained a $10 million equity line of credit through Dutchess Private Equities in Boston, pending SEC approval.
"This financing will provide us with access to substantial capital over a period of time, and will ensure that we have the funds necessary to implement the initial phase of our business plan,” Lee stated in the press release.
Chmielewski, in the meantime, appears to have abandoned any effort to shepherd Independent Management Resources through bankruptcy proceedings. His former attorneys, G. Mark Albright and Bonnie Bruce in Las Vegas, petitioned the U.S. Bankruptcy Court in August to be removed from the case because they had not been able to communicate with the company.
Lee, Empyrean's president, says he doesn't know how to get in touch with Chmielewski either.
Merry Christmas EbaLEEzer. You too, "Skim-a-loot ski" Here's to the New Year bringing you down...
Well, if you can't spell your own name for the NV State filing, I guess you might be able to "misplace" those contracts worth a cool $$$$ 233 MILLION DOLLARS. Here's a nice version of "mis" spelling for Chmielewski, as found at the Nevada Sec. of State...
UNITED CONSTRUCTION ENTERPRISES, INC.
Business Entity Information
Status: Revoked on 6/1/2008 File Date: 5/4/2005 3:00:42 PM
Type: Domestic Corporation Corp Number: E0264092005-6
Qualifying State: NV List of Officers Due: 5/31/2007
Managed By: Expiration Date:
Registered Agent Information
Registered Agent resigned
Financial Information
No Par Share Count: 0 Capital Amount: $ 1,000.00
Par Share Count: 1,000,000.00 Par Share Value: $ 0.001
Officers Include Inactive Officers
Status: Historical Email:
Director - SCOTT BURNETT
Address 1: 2533 NORTH CARSON STREET Address 2:
City: CARSON CITY State: NV
Zip Code: 89706 Country:
Status: Historical Email:
President - GREGORY CHMICKWSKI
Address 1: 2533 NORTH CARSON STREET Address 2:
City: CARSON CITY State: NV
Zip Code: 89706 Country:
Status: Active Email:
Secretary - GREGORY CHMICKWSKI
Address 1: 2533 NORTH CARSON STREET Address 2:
City: CARSON CITY State: NV
Zip Code: 89706 Country:
Status: Active Email:
Treasurer - GREGORY CHMICKWSKI
Address 1: 2533 NORTH CARSON STREET Address 2:
City: CARSON CITY State: NV
Zip Code: 89706 Country:
Status: Active Email:
Director - GREGORY CHMICKWSKI
Address 1: 2533 NORTH CARSON STREET Address 2:
City: CARSON CITY State: NV
Zip Code: 89706 Country:
Status: Active Email:
Actions\Amendments
Click here to view 6 actions\amendments associated with this company
You are cracking me up sucker. Not a "National" company?.?.?. LOL Maybe they are thinking about all their "International" experience. Here, let me refresh your memory! A little token off one of their numerous now defunct UCG, then UCE, web pages!
Leadership
President of Development and Operations – Rick Kozak
For the past 25 years, Mr. Kozak has devoted himself to learning all the different facets of the commercial and residential construction industries. He has had the pleasure of working on a combined total of over $10 billion dollars in new, renovated, and converted projects, both nationally and internationally, for such companies as R.M.A. Corporation, Sage Corporation, TRW, Turner Construction, Peter Rewit Eastern Division, Forst City Enterprises, Forst City Dillion, I.B.G.N.O. Corporation, including:
International:
-- $55 million General Motors Plant – Iran
-- Highway construction project for the U.S. Government – Southeast Asia
-- Paradise Casino and Hotel – Bahamas
Domestic:
-- Various residential projects.
-- Senior housing projects.
-- High rise projects involving residential, commercial, hotels, casinos, banks and
business centers.
Mr. Kozak, working in conjunction with the company CEO, oversees all aspects of daily operations for United Construction Group, Inc., from planning, development, and support, to staffing and the portfolio management of corporate holdings.
United Construction Group, Inc., a premier national construction firm catering to the private, public, and federal sectors, is currently working on projects throughout the country totaling over $233 million. The company expects to receive annual revenues in excess of $110 million as its projects are fulfilled.
Check out the new SEC filing and while your at it, check out EMPYE's new web site. Same BS, new package. Even keeping the "Welcome to a new Beginning" line. I'm starting to believe in reincarnation. Nice try Lee. If you take a Big Mac out of it's box and put it on a plate at Ruth Chris...it's still a Big Mac.
Straight off the CA State license board website:
**********************************************************
The license may be suspended at a future date if the qualifying person is not replaced by 01/13/2009.
The license may be suspended on 12/10/2008 if the workers´ compensation insurance policy is not filed with the CSLB.
**********************************************************
Hum... Maybe they should send in a Certificate of OIMBC from the Tribe they ran so well.
Let's see what Lee does next...What BS can he put in his filing when his qualifying person for the CA license is gone and the license is about to be revoked. He needs to pull more than a rabbit out of his hat...
Call Linda. (Garrett sent her an email with a phone # to call) :) Glad you found this board!!!!!!!!!!!!!!
AMEN Sucker1! It is a shame that these con's manage to be onto their next venture, I mean scam, before these agencies figure out the 1st. There is enough of a paper trail now, but we need people like yourself (and myself) who actually worked for them, side by side, to STOP them before anymore lives get wrecked.
Sucker1: Call Linda at Sutton/Hatmaker. I will leave her my number for you to call. If that won't work let me know I will post my phone # if I have to. I have someone who would like to speak with you too. Justice has become a mission for a few of us honest folks. Here is an excerpt from old article...
***************************************************************
Garrett said Chmielewski told employees that he was the majority shareholder in Empyrean, which is a publicly traded company.
Briefly, at least, Empyrean continued payroll processing services for Independent Management Resources’ former clients, Garrett said. But it appears the business did not go well.
In its March 31, 2008, filing with the Securities and Exchange Commission, Empyrean said it has lost $2.27 million since its inception. The filing does not directly reveal any connection with Independent Management Resources, but does state that Empyrean acquired payroll processing business from “an affiliate” in August 2007. Empyrean, however, said it terminated the staffing business in December 2007 to avoid losses.
“The plans to develop this subsidiary as a PEO (professional employer organization) has therefore been delayed and can only be reactivated when the funds required are obtained,” Empryean said in the filing.
Later, the firm warned that it lost well over $1 million in 2007 and 2006 and had incurred $1.7 million in debt as of Dec. 31, 2007.
“These conditions raise substantial doubt about Empyrean’s ability to continue as a going concern,” the filing says.
Empyrean Holdings’ website, however, paints a different picture. There, the company boasts that it has launched a construction affiliate that was recently licensed as a general contractor by the state of California. Empyrean Construction's philosophy, the website says, is, “Building integrity to its highest level.” The website also states, “We are here for the long haul.”
The Empyrean Holdings' website also lists several “soon to be announced projects.” One of them is a wistful artist rendering of a new Indian casino to be built on the Fort Independence Tribe’s land. The website is here: http://www.goempyrean.com/index.html.
State records, however, show that the Fort Independence Tribe does not have a gaming compact with the state. In fact, the tribe receives revenues from the Revenue Sharing Trust Fund, which allocates money from tribes that operate casinos to tribes that don't.
While Empyrean muses its future casino plans, Garrett's still in contact with some of the claimants who were left without indemnity checks or payment for medical care. She said one claimant called her cell phone last week and cried about her plight.
“These are people that need surgery -- these aren't cut fingers,” Garrett said. “One of them is what we call a Cat claim: A bilateral ankle fracture, a fractured vertebrae. He has hardware in him that will have to be removed.”
Empryean Holdings' attorney, James B. Parsons in Bellevue, Wash., said he has no knowledge of any ties to his client and Independent Management Resources, but added that he handles only the holding company’s securities filings and does not have any knowledge about its affiliates. Parsons said he knows “of” Greg Chmielewski, but he would not confirm or deny if he is a major stockholder or employee of Empryean.
--By Jim Sams, Senior Editor
jim@workcompcentral.com
I'm going to put my self out there on this one. Log into this site and sign up for the 2 week free upgrade and send me a private message. I will put you in touch with the right people. Are you still in the Sacto area?
Wow...sorry. Your not alone. Reporters are on on it!! Chmielewski burns eveything in his path...Sucks for you to have the license qualifications. Tried to warn you mg...guess you didn't get the 411.
This info found at Kewaskum Statesman, from last "Village lakes" meeting. Hey Lee, give it up. Take it off the project page...
Weber went on to say he could appreciate the difficulty in securing a light industrial tenant. “I hope the board and Gary look at what is realistic in that area, not like what we saw with United Construction. I think all of us here have to agree that was a dream that was never really going to take place, but became a cost to the village.” With proper vision and planning he would be supportive. “I think if Gary does something decent like he’s talking, we’d be favorable with that.”
Greg Chmielewski, owner of the now defunct United Construction Group, was in attendance. “United Construction went out of business because of this project. We put almost $2 million into trying to develop this project.” He stated that The Statesman negatively reported that a two-acre residential property owned by himself on Hillcrest Drive was in foreclosure. “My lawyers are telling me to take the property out of foreclosure and it will be developed in Spring,”
Oakside Estates in Santa Barbara has been off the project page for awhile...Guess the lady I called was correct when she said AIN'T HAPPENING!!!!
Who know's what Chmielewski is up to. I found this on the web about the big "Village Project". I'm just curious how this Gary Gavin can be selling anything to a guy in BK? Guess they stashed cash from the Reverse Split.
Village Board Meeting July 7, 2008 7:00 p.m. The Village Board of Kewaskum, Washington County, Wisconsin, met in regular session in the Council Room of the Municipal Building, 204 First Street. President Andy Pesch presided and called the meeting to order at 7:00 p.m. Board members present were Harry Roecker, Kevin Scheunemann, Andy Pesch, Norman Kufahl, Tom Piwoni and Derek Peterson. Steve Scheunemann was excused and absent. Staff members present were Matt Heiser, Mark Groeschel, Richard Knoebel, Jerry Gilles, Chad Cook, Janet Knops, Stephanie Justmann, Andy Petersen from Ruekert-Mielke, Dave Wagner from Ehlers and Associates, Kari Dennis from McMahon Associates, and Judith Gottlieb from the DNR. Also present were interested members from the community. Notice of the meeting had been posted at the National City Bank, Kewaskum Post Office, and at the Municipal Building on July 3, 2008. Notice was also forwarded to the Village Board, Village Attorney, Village Engineer, and News Media. The meeting was opened with a Moment of Silence and Pledge of Allegiance. Motion by Harry Roecker to approve the minutes from the June 16, 2008 meeting, second by Kevin Scheunemann. Voice vote, motion carried. (Tom Piwoni recorded as abstention) A public hearing was conducted on a request by Forestview Tool and Die, LLC for a Conditional Use Permit to allow for the operation of a tool and die shop located in the B-2 Community Business District at 985 Fond du Lac Ave. Questions were addressed about noise and vibrations from the manufacturing process. Motion by Kevin Scheunemann to close the public hearing, second by Norman Kufahl and carried by roll call vote. S. Scheunemann-absent, Roecker-aye, K. Scheunemann-aye, Pesch-aye, Kufahl-aye, Piwoni-aye, Peterson-aye. (6-0-1) Motion by Derek Peterson to suspend the rules and bring up unfinished business item A “Discussion and possible action on a request by Forestview Tool and Die, LLC for a Conditional Use Permit to allow for the operation of a tool and die shop located in the B-2 Community Business District at 985 Fond du Lac Ave” and item C “Applications for Operators License, 2008/2009 year (possible action)”, second by Kevin Scheunemann and carried by roll call vote. S. Scheunemann-absent, Roecker-aye, K. Scheunemann-aye, Pesch-aye, Kufahl-aye, Piwoni-aye, Peterson-aye. (6-0-1) Motion by Kevin Scheunemann to grant a Conditional Use Permit to Forestview Tool and Die, LLC to allow for the operation of a tool and die shop located in the B-2 Community Business District at 985 Fond du Lac Ave., second by Tom Piwoni. Voice vote, motion carried. Motion by Derek Peterson, second by Kevin Scheunemann to approve the issuance of operator’s licenses for 2008/2009 as listed except Matt Propson. Voice vote, motion carried. Kempf, Leander Kewaskum, WI Martin, Troy Kewaskum, WI McDonald, Bridgette Kewaskum, WI Rodenkirch, Bruce Campbellsport, WI Rodenkirch, Spenser Campbellsport, WI Sprinkman, Caytlin Campbellsport, WI Motion by Kevin Scheunemann to approve the issuance of an operator’s license for Matt Propson with the stipulation the license could possibly be revoked if misconduct occurs during the licensing year, second by Norman Kufahl. Voice vote, motion carried. (Derek Peterson and Harry Roecker recorded as nay.)
Jerry Gilles Director of Public Works opened the sealed quotes for the storm sewer construction in the TID #2: Heartland Construction $23,900.00 Wollner Plumbing & Excavating, LLC $27,916.21 Consensus of the Board was to award a contract to Heartland Construction for $23,900.00 at their July 21, 2008 Village Board meeting and to set a completion date for the project of October 1, 2008. Dave Wagner, Ehlers and Associates, presented two financing options regarding funding of the Wastewater Treatment Facility modifications. Scenario 1: Total project cost of $6,927,169 with $6,788,625 to be financed with a single Clean Water Fund loan, with zero contribution from the T.I.F district and an increase of the impact/connection fee to $3,939, and an anticipated 3% increase each year thereafter, with revenues being reviewed annually. Scenario 2: Total project cost of $6,927,169 with 6,788,625 to be financed in a 2 step process; $4,000,000 Clean Water Fund loan and $2,800,000 Bond Anticipation Note with zero contribution from the T.I.F district and an increase of the impact/connection fee to $3,939, and an anticipated 3% increase each year thereafter, with revenues being reviewed annually. Kari Dennis, McMahon Associates, presented the tabulation of bids received for the Wastewater Treatment Facility modifications and recommended awarding the contract to C.D. Smith Construction Company Inc. of Fond du Lac for $6,083,000.00. Judith Gottlieb, from the DNR, reiterated the inefficiency of the current Wastewater Treatment Facility and the need to bring the facility up to code. Motion by Derek Peterson to award the contract to C.D. Smith Construction Company, Inc for $6,083,000 contingent upon obtaining the Clean Water Fund loan, second by Norman Kufahl and carried by roll call vote. S. Scheunemann-absent, Roecker-nay, K. Scheunemann-nay, Pesch-aye, Kufahl-aye, Piwoni-aye, Peterson-aye. (4-2-1) The Board discussed alternative schedules to establish sewer user charges and rates to finance the Wastewater Treatment Facility modifications. Consensus was to increase the sewer user charges and rates on a quarterly basis instead of a yearly basis and utilize the financing scenario of obtaining a single Clean Water Fund loan. Motion by Derek Peterson to adopt Resolution 2008-05 Establish Sewer User Charges and Rates which includes a 12% increase effective each quarter from October 1, 2008 to January 1, 2010, second by Norman Kufahl and carried by roll call vote. S. Scheunemann-absent, Roecker-aye, K. Scheunemann-nay, Pesch-aye, Kufahl-aye, Piwoni-aye, Peterson-aye. (5-1-1) Fire Chief Mark Groeschel presented the June 2008 report: Fire calls 5 Year to date 19 Jaws runs 0 Year to date 10 Rescue calls 25 Miles 693 Fire Chief Mark Groeschel also reported on the fireworks display. Police Chief Richard Knoebel reported the West Bend Saving’s Bank has donated Green Bay Packer cards. Director of Public Works Jerry Gilles reviewed the flooding and wet weather issues and proposed televising the storm sewer on Edgewood Road and sanitary sewer on Wildlife Drive and Knights Ave. The sanitary sewer would also be televised on Prospect Street, Second Street, and Hillside Drive. Consensus of the Board was to have the storm and sanitary sewers televised. Zoning Administrator Chad Cook reported twenty-eight building permits were issued for June 2008. Chad Cook also gave an update on the street project on Braatz and Roseland Drive. Administrator Matt Heiser gave a report on his first week’s activities. Administrator Matt Heiser gave an update on the TID #2 and stated the current land owner, Gary Gavin, is working on selling the business park (a.k.a. Trading Post property) within the TID to Greg Chmielewski. The sale would result in a requested revision to the developer’s agreement from the developers that would need the
Village Board’s approval. Zoning Administrator Chad Cook reported the turning lanes on Highway 45 for Badger Road and Trading Post Lane are almost complete. Kevin Scheunemann reported the bills were recommended for approval by the Administrative Committee for payment. Motion by Tom Piwoni to approve the bills as recommended, second by Harry Roecker. Voice vote, motion carried. General $ 254,969.68 Library 14,904.94 A/P Ck #33471 - 33626 Rescue Squad 1,226.47 PR/P Ck #76990 - 77083 Retiree Health Insur. 1,490.28 TID 2 3,697.00 TID 2 Stormwater Utility 529.62 Sewer 60,280.94 Water 23,201.33 $360,300.26 Derek Peterson, Chairperson for Public Works and Public Services, scheduled a public informational meeting for mid-September for garbage collection services in private and public areas. The meeting date has been scheduled for a later time to allow for the new administrator and Village staff to research all related information. Derek Peterson, the Board representative for the Plan Commission, reported on the June 24, 2008 meeting. Norman Kufahl announced the next Library Board meeting is scheduled for July 14, 2008. Fire Chief Mark Groeschel reported on the progress of purchasing an aerial ladder truck for the Fire Department. The engine is currently on hold till July 15th, a meeting was held with the contracted towns by the Protection and Public Safety Committee, the specifications are in place to order the truck, and the approximate purchase price is $800,000. The Board discussed what added value the aerial truck could provide and how the fire contracts will be affected. Motion by Derek Peterson to authorize purchasing an aerial ladder truck for the Kewaskum Fire Department, second by Tom Piwoni. Voice vote, motion carried. Motion by Kevin Scheunemann to adjourn at 9:02 p.m., second by Tom Piwoni, and carried by roll call vote. S. Scheunemann-absent, Roecker-aye, K. Scheunemann-aye, Pesch-aye, Kufahl-aye, Piwoni-aye, Peterson-aye. (6-0-1) Stephanie Justmann Clerk/Deputy Treasurer Approved: July 21, 2008 Published: July 31, 2008
Guess we can figure who just moved into the Townhouse in Kewaskum! Ha, read last paragraph. Wonder when Lee will be joining him?
The Case Of Rafael Manzano, Another Claimant Given The Tomahawk by Independent Staffing Solutions
By Pauline Grant - September 8, 2008
I will assume that most of my readers have been following my series on Independent Staffing Solutions, the Tribal “alternative” to California Workers’ Compensation Insurance, which began to come to view in California at the onset of the 21st Century. I have written two previous articles containing stories about injured workers who have suffered from a dearth of indemnity benefits and medical treatment, and even one case which resulted in death. Now, another applicants’ attorney, Jim Gonzales, has shared with www.adjuster.com, his story about one current client who had the misfortune of working for a company that was “insured” for “workers’ comp” by Independent Staffing Solutions, a Tribal Entity.
Rafael Manzano worked for a tree trimming company in Santa Cruz, California, called Williams Tree Service. He started working for Williams Tree in February 2003.
In January of 2004, Manzano was asked by Williams Tree Service to sign a document stating that he would work for Independent Staffing Solutions. Then, in February of 2004, he fell out of a tree when he lost his balance and fell backwards to the ground, hitting his lower back on the sidewalk.
Rafael Manzano did not receive any benefits, and the employer was not providing any medical treatment, so he started treatment with a medical facility that agreed to treat on a lien basis. Applicants' attorney, Jim Gonzales, finally got involved and began to represent Manzano in November of 2004, nine months after the injury. It took until the beginning of the year 2005 for attorney Gonzales to figure out that Manzano did not work for Williams Tree Service, but worked for ISS as a Professional Employer Organization (PEO). It can be assumed by this long delay that it was not made clear to Manzano who the “employer” really was at the time of his accident and how he would be taken care of with Total Temporary Disability (TTD) payments and Medical treatment. It’s also interesting that Williams Tree Service did not make sure ISS took up the claim and further noteworthy that ISS did not step up to the plate.
While Manzano was being treated on a lien basis by a Dr. Nervino, the medical examination and tests showed that Manzano needed surgery for a bad disk. His lawyer, Jim Gonzales, filed a request for an expedited hearing with the WCAB, but neither Independent Staffing Solutions nor Williams Tree Service showed up for the hearing. In August of 2005, Gonzales amended the Application to name ISS as the employer. During this time Rafael Manzano was receiving disability compensation benefits from State Disability Insurance (SDI).
By December of 2005, Manzano was waiting for authorization for surgery. Gallagher Bassett in Sacramento was at this time the TPA for ISS, but quickly cancelled their contract with ISS most likely due to their discovery that ISS was not a legitimately bonded and authorized self-insured entity bonded and approved by the California Department of Insurance. ISS was a tribal entity—and not under the jurisdiction of the State of California. It could also be conjectured that Gallagher wasn’t getting paid.
ISS’s lawyer, Sidney Lamb, of the law firm of Laughlin, Falbo, Levy & Moresi, withdrew because he wasn’t getting paid. This is the understanding of Jim Gonzales.
AS&G, a Third Party Administrator based in Houston, Texas, picked up ISS’s business sometime in late 2005 or early 2006 after Gallagher Bassett dumped ISS. Then, AS&G started paying TTD to Manzano in February of 2006. But by July of 2006, AS&G dumped Independent Staffing Solutions because the payments they were issuing weren’t getting mailed to the claimants. ISS also had not paid AS&G its fees. Manzano received a TTD check finally in September of 2006 that was dated in April 2006, so it was looking like ISS was writing checks but then holding onto them for months.
By September, Attorney Jim Gonzales on Manzano’s behalf asked State Disability Insurance (SDI) to pick up disability for Manzano again, and SDI did pick it up again and began to pay him.
Sid Lamb was again at this time representing ISS, which most people now refer to as “The Indians”. In the expedited hearing demanded by Jim Gonzales it was stipulated that the claimant, Manzano, worked for ISS. Thus, the stipulation was to not claim dual employment but to name ISS as the employer. In February, Sid Lamb agreed to go to Mark Howard, M.D., a surgeon who had evaluated Rafael Manzano previously, again for a medical evaluation. Dr. Howard said that the claimant needed surgery. But then an adjuster named Maria Gomez, of AS&G in Houston Texas, sent more TTD to Manzano. So, compensation plus movement towards getting authorization for the surgery seemed to be in progress.
If this seems confusing to you readers, it’s because it IS confusing. The TTD checks ran into May of 2007, but at the same time the surgery was denied by Utilization Review. Again, Jim Gonzales requested an expedited hearing. Sid Lamb then got out as counsel to ISS in August of 2007. He seemed to have gotten uncomfortable.
So, Manzano’s surgery was back to ground zero. By this time, there was nobody anywhere to get this injured worker his back surgery.
So, Gonzales went back to Williams Tree Service and their lawyer Bruce Baum, and said, “Welcome back!” Gonzales had already agreed to the non “dual employment” stipulation with ISS and Williams Tree, agreeing that the “real” employer was ISS, but now that the TTD checks were stopped and the not-so-seeming-for-real Utilization Review denied the surgery, Gonzales was back to going after Williams Tree Service. Thus, Gonzales proceeded against Uninsured Employers Fund and Williams Tree Service. A Mandatory Settlement Conference was scheduled and took place on December 20, 2007.
What happened at that MSC was that the judge on the case, Judge Asturias, didn’t know what to do! His jaw sort of dropped. Independent Staffing Solutions wasn’t present—they simply didn’t show!—and their attorney wasn’t present either. And then the Williams Tree Service terminated their lawyers!
So, the Uninsured Employers Fund picked up the benefits but wanted another AME examination. “And all during this time there was this horrible cloud over my client,” said Gonzales.
Now Gonzales deeply regrets his decision he made with UEF to have Kevin Handley, M.D., act as the AME. Handley in a nut shell reported the claimant had a positive MRI but that it had been so many years since the injury that his back had had sufficient time to heal and that he was capable and well enough now to get back to work. In the mean time, the testimony of Manzano is that he has constant pain and cannot work. And he wants the surgery. Now Gonzales does not want to give up on getting the surgery he feels is quite necessary for his client.
This month, September of 2008, Jim Gonzales will be deposing Mark Howard, M.D., the surgeon who recommended surgery, and reorganizing the case. Gonzales hopes that somehow justice will be given to his client and the next Judge will favor Mark Howard, M.D.’s findings of a need for back surgery.
An insightful look at this scenario, going beyond and not even “going there” by getting off track into a debate over which doctor is right about the need for surgery and which one is not, is to focus on the more real issue that owner and operator of ISS, Greg Chmielewski, and his associates, are the perpetrators and culprits who have caused all these delays and run arounds for not only this one claimant, Manzano, but dozens and dozens more besides the ones this writer has reported on in two previous articles. (See the archives.)
The whole purpose of Workers’ Compensation is to provide speedy and efficient treatment for injured workers at a reasonable and managed cost, which only can happen by prompt action and proactive, swift claim handling. ISS and Greg Chmielewski, along with his consorts, have wreaked havoc on the California Workers’ Compensation system and upon the lives of many injured on the job. His actions in coming up with his Tribal “Workers’ Comp” insurance have served no one in a positive way but have only served as a too well paved road to his own avaricious self-interest.
The State of California clearly needs to set up a road block to this “Tribal Workers’ Compensation Insurance”, which is NOT workers’ compensation insurance at all. And Chmielewski needs to be held accountable for the damage he has done to so many lives, along with the enormous expense he has put upon the WCAB, the California Workers’ Compensation System, and upon California SDI.
A witness who requested not to be identified in Kewaskum, Wisconsin, wrote an e-mail to this writer on August 1, 2008, stating that Greg Chmielewski pulled into Kewaskum, Wisconsin that day with 2 Penske trucks with trailers, one enclosed and one carrying a Nissan Altima. “Is he running away from California?” this person in Wisconsin asked.
I replied that that would be anybody’s best guess.
On Wisconsin...
Guess we can figure who just moved into the Townhouse in Kewaskum!
The Case Of Rafael Manzano, Another Claimant Given The Tomahawk by Independent Staffing Solutions
By Pauline Grant - September 8, 2008
I will assume that most of my readers have been following my series on Independent Staffing Solutions, the Tribal “alternative” to California Workers’ Compensation Insurance, which began to come to view in California at the onset of the 21st Century. I have written two previous articles containing stories about injured workers who have suffered from a dearth of indemnity benefits and medical treatment, and even one case which resulted in death. Now, another applicants’ attorney, Jim Gonzales, has shared with www.adjuster.com, his story about one current client who had the misfortune of working for a company that was “insured” for “workers’ comp” by Independent Staffing Solutions, a Tribal Entity.
Rafael Manzano worked for a tree trimming company in Santa Cruz, California, called Williams Tree Service. He started working for Williams Tree in February 2003.
In January of 2004, Manzano was asked by Williams Tree Service to sign a document stating that he would work for Independent Staffing Solutions. Then, in February of 2004, he fell out of a tree when he lost his balance and fell backwards to the ground, hitting his lower back on the sidewalk.
Rafael Manzano did not receive any benefits, and the employer was not providing any medical treatment, so he started treatment with a medical facility that agreed to treat on a lien basis. Applicants' attorney, Jim Gonzales, finally got involved and began to represent Manzano in November of 2004, nine months after the injury. It took until the beginning of the year 2005 for attorney Gonzales to figure out that Manzano did not work for Williams Tree Service, but worked for ISS as a Professional Employer Organization (PEO). It can be assumed by this long delay that it was not made clear to Manzano who the “employer” really was at the time of his accident and how he would be taken care of with Total Temporary Disability (TTD) payments and Medical treatment. It’s also interesting that Williams Tree Service did not make sure ISS took up the claim and further noteworthy that ISS did not step up to the plate.
While Manzano was being treated on a lien basis by a Dr. Nervino, the medical examination and tests showed that Manzano needed surgery for a bad disk. His lawyer, Jim Gonzales, filed a request for an expedited hearing with the WCAB, but neither Independent Staffing Solutions nor Williams Tree Service showed up for the hearing. In August of 2005, Gonzales amended the Application to name ISS as the employer. During this time Rafael Manzano was receiving disability compensation benefits from State Disability Insurance (SDI).
By December of 2005, Manzano was waiting for authorization for surgery. Gallagher Bassett in Sacramento was at this time the TPA for ISS, but quickly cancelled their contract with ISS most likely due to their discovery that ISS was not a legitimately bonded and authorized self-insured entity bonded and approved by the California Department of Insurance. ISS was a tribal entity—and not under the jurisdiction of the State of California. It could also be conjectured that Gallagher wasn’t getting paid.
ISS’s lawyer, Sidney Lamb, of the law firm of Laughlin, Falbo, Levy & Moresi, withdrew because he wasn’t getting paid. This is the understanding of Jim Gonzales.
AS&G, a Third Party Administrator based in Houston, Texas, picked up ISS’s business sometime in late 2005 or early 2006 after Gallagher Bassett dumped ISS. Then, AS&G started paying TTD to Manzano in February of 2006. But by July of 2006, AS&G dumped Independent Staffing Solutions because the payments they were issuing weren’t getting mailed to the claimants. ISS also had not paid AS&G its fees. Manzano received a TTD check finally in September of 2006 that was dated in April 2006, so it was looking like ISS was writing checks but then holding onto them for months.
By September, Attorney Jim Gonzales on Manzano’s behalf asked State Disability Insurance (SDI) to pick up disability for Manzano again, and SDI did pick it up again and began to pay him.
Sid Lamb was again at this time representing ISS, which most people now refer to as “The Indians”. In the expedited hearing demanded by Jim Gonzales it was stipulated that the claimant, Manzano, worked for ISS. Thus, the stipulation was to not claim dual employment but to name ISS as the employer. In February, Sid Lamb agreed to go to Mark Howard, M.D., a surgeon who had evaluated Rafael Manzano previously, again for a medical evaluation. Dr. Howard said that the claimant needed surgery. But then an adjuster named Maria Gomez, of AS&G in Houston Texas, sent more TTD to Manzano. So, compensation plus movement towards getting authorization for the surgery seemed to be in progress.
If this seems confusing to you readers, it’s because it IS confusing. The TTD checks ran into May of 2007, but at the same time the surgery was denied by Utilization Review. Again, Jim Gonzales requested an expedited hearing. Sid Lamb then got out as counsel to ISS in August of 2007. He seemed to have gotten uncomfortable.
So, Manzano’s surgery was back to ground zero. By this time, there was nobody anywhere to get this injured worker his back surgery.
So, Gonzales went back to Williams Tree Service and their lawyer Bruce Baum, and said, “Welcome back!” Gonzales had already agreed to the non “dual employment” stipulation with ISS and Williams Tree, agreeing that the “real” employer was ISS, but now that the TTD checks were stopped and the not-so-seeming-for-real Utilization Review denied the surgery, Gonzales was back to going after Williams Tree Service. Thus, Gonzales proceeded against Uninsured Employers Fund and Williams Tree Service. A Mandatory Settlement Conference was scheduled and took place on December 20, 2007.
What happened at that MSC was that the judge on the case, Judge Asturias, didn’t know what to do! His jaw sort of dropped. Independent Staffing Solutions wasn’t present—they simply didn’t show!—and their attorney wasn’t present either. And then the Williams Tree Service terminated their lawyers!
So, the Uninsured Employers Fund picked up the benefits but wanted another AME examination. “And all during this time there was this horrible cloud over my client,” said Gonzales.
Now Gonzales deeply regrets his decision he made with UEF to have Kevin Handley, M.D., act as the AME. Handley in a nut shell reported the claimant had a positive MRI but that it had been so many years since the injury that his back had had sufficient time to heal and that he was capable and well enough now to get back to work. In the mean time, the testimony of Manzano is that he has constant pain and cannot work. And he wants the surgery. Now Gonzales does not want to give up on getting the surgery he feels is quite necessary for his client.
This month, September of 2008, Jim Gonzales will be deposing Mark Howard, M.D., the surgeon who recommended surgery, and reorganizing the case. Gonzales hopes that somehow justice will be given to his client and the next Judge will favor Mark Howard, M.D.’s findings of a need for back surgery.
An insightful look at this scenario, going beyond and not even “going there” by getting off track into a debate over which doctor is right about the need for surgery and which one is not, is to focus on the more real issue that owner and operator of ISS, Greg Chmielewski, and his associates, are the perpetrators and culprits who have caused all these delays and run arounds for not only this one claimant, Manzano, but dozens and dozens more besides the ones this writer has reported on in two previous articles. (See the archives.)
The whole purpose of Workers’ Compensation is to provide speedy and efficient treatment for injured workers at a reasonable and managed cost, which only can happen by prompt action and proactive, swift claim handling. ISS and Greg Chmielewski, along with his consorts, have wreaked havoc on the California Workers’ Compensation system and upon the lives of many injured on the job. His actions in coming up with his Tribal “Workers’ Comp” insurance have served no one in a positive way but have only served as a too well paved road to his own avaricious self-interest.
The State of California clearly needs to set up a road block to this “Tribal Workers’ Compensation Insurance”, which is NOT workers’ compensation insurance at all. And Chmielewski needs to be held accountable for the damage he has done to so many lives, along with the enormous expense he has put upon the WCAB, the California Workers’ Compensation System, and upon California SDI.
A witness who requested not to be identified in Kewaskum, Wisconsin, wrote an e-mail to this writer on August 1, 2008, stating that Greg Chmielewski pulled into Kewaskum, Wisconsin that day with 2 Penske trucks with trailers, one enclosed and one carrying a Nissan Altima. “Is he running away from California?” this person in Wisconsin asked.
I replied that that would be anybody’s best guess.
On Wisconsin...
...almost forgot... The new EMPY logo??? (new with the new goempyrean that went no where) Recently filed documents are showing it was Chmielewski's trademark logo from Independent Management Resources.
People who have met Chmielewski are all now reporting the same thing, he was a great con and could sell anything. What is really crazy is where have all the investigative agencies been? After all, insurance is highly regulated. I also heard employees victimized by this stuff are claiming they had been rolled into Empyrean Staffing. Legitimate carriers in CA are not going to let this one go. This will be pursued to no end!
Everyday another story breaks on these guys... But they are still busy trying to get their hands on more...This one broke yesterday:
California -- Company that Offered 'Tribal' Comp Plan Now Bankrupt: Top [06/12/08]
A firm that offered a tribal-based "worker injury" plan in California as an alternative to statutory workers' compensation coverage has filed for Chapter 7 bankruptcy, owing $12.5 million to creditors but holding only $50 in assets.
The collapse of Independent Management Resources LLC spawned three lawsuits in Sonoma County and a pile of debt to government agencies, attorneys and marketing companies, U.S. Bankruptcy Court records show. The court documents do not shed any light, however, on what happened to any claims that were made to the alternative workers' comp plan that was purportedly sponsored through the tiny Fort Independence Tribe near Bishop, Calif.
One of those creditors, attorney George T. Smithwick of San Ramon, Calif., said Wednesday that Independent Management Resources signed up dozens of small to mid-sized businesses for its coverage plan from about 2004 to 2006, when California workers' compensation rates were soaring after the collapse of some two dozen carriers. Smithwick said his company, Crown Resources, signed up about 50 clients alone.
The company was owned and operated by Gregory Chmielewski, who paid himself a salary of $500,000 a year and drove a company-owned 2006 Cadillac Escalade, according to court documents. Now, GMAC has repossessed the Cadillac and Chmielewski is the largest creditor listed in his company's bankruptcy filing: He says he is owed $200,000 in unpaid salary and an estimated $2 million for loans he made to the firm.
Smithwick filed suit in Sonoma County seeking $692,000 in unpaid fees for clients that his firm, Crown Resources, referred to Chmielewski's alternative workers' comp plan.
Smithwick said the plan looked good on paper when Chmielewski hired his company to do marketing about four years ago. Gallagher Bassett Services had signed up to adjust claims for the company, he said. He assumed that the Fort Independence tribe held the reserves to pay claims.
"We felt that it was an aggressive but very defensible program for companies in desperate need," Smithwick said.
In 2006, however, Independent Management Resources stopped paying its debts, Smithwick said. Now the company's telephone is disconnected, as is the telephone listed on the website for the Fort Independence Tribe.
Michael Hunter and Corporate Payroll Services have also filed creditor lawsuits against Independent Management Resources in Sonoma County Superior Court, the bankruptcy filing shows.
Smithwick said he has no idea who is paying any claims left over from Independent Management Resources' workers' compensation plan. A press officer for the state Department of Industrial Relations promised to look into it, but had not reported back by late Wednesday.
For a time, AS&G Claims Administration in Texas acted as a third-party administrator for Chmielewski's company, but AS&G ceased handling all claims last year, Linda Ginn, a clerk for the company. She said AS&G adjusted claims for Independent Management Resources only for a short time.
"It wasn't very long, once we realized what was going on," she said.
Ginn declined to elaborate.
Another company that once offered a "tribal-based" workers' compensation program, Mainstay Business Solutions, agreed to drop its claim of tribal sovereignty and become a licensed self-insurer in a 2005 settlement agreement with the Department of Industrial Relations.
Linda Atcherley, immediate past president and legislative director for the California Applicants' Attorneys Association, said in her experience tribal plans bring nothing but trouble to both claimants and employers. She said she was involved in one case where a tow truck company owner was forced to pay the cost of her client's claim out of his own pocket because he could not collect from the "alternative plan."
"There is no good alternative plan to workers' compensation," Atcherley said. "When they offer workers' compensation disability benefits, they aren't equivalent."
--By Jim Sams, Senior Editor
jim@workcompcentral.com
Looks like you might get you wish Q...No wonder EMPY staffing and it's buddies stopped doing payroll. This story just broke in COMPCENTRAL. Another one broke last week at adjuster.com.
California -- Company that Offered 'Tribal' Comp Plan Now Bankrupt: Top [06/12/08]
A firm that offered a tribal-based "worker injury" plan in California as an alternative to statutory workers' compensation coverage has filed for Chapter 7 bankruptcy, owing $12.5 million to creditors but holding only $50 in assets.
The collapse of Independent Management Resources LLC spawned three lawsuits in Sonoma County and a pile of debt to government agencies, attorneys and marketing companies, U.S. Bankruptcy Court records show. The court documents do not shed any light, however, on what happened to any claims that were made to the alternative workers' comp plan that was purportedly sponsored through the tiny Fort Independence Tribe near Bishop, Calif.
One of those creditors, attorney George T. Smithwick of San Ramon, Calif., said Wednesday that Independent Management Resources signed up dozens of small to mid-sized businesses for its coverage plan from about 2004 to 2006, when California workers' compensation rates were soaring after the collapse of some two dozen carriers. Smithwick said his company, Crown Resources, signed up about 50 clients alone.
The company was owned and operated by Gregory Chmielewski, who paid himself a salary of $500,000 a year and drove a company-owned 2006 Cadillac Escalade, according to court documents. Now, GMAC has repossessed the Cadillac and Chmielewski is the largest creditor listed in his company's bankruptcy filing: He says he is owed $200,000 in unpaid salary and an estimated $2 million for loans he made to the firm.
Smithwick filed suit in Sonoma County seeking $692,000 in unpaid fees for clients that his firm, Crown Resources, referred to Chmielewski's alternative workers' comp plan.
Smithwick said the plan looked good on paper when Chmielewski hired his company to do marketing about four years ago. Gallagher Bassett Services had signed up to adjust claims for the company, he said. He assumed that the Fort Independence tribe held the reserves to pay claims.
"We felt that it was an aggressive but very defensible program for companies in desperate need," Smithwick said.
In 2006, however, Independent Management Resources stopped paying its debts, Smithwick said. Now the company's telephone is disconnected, as is the telephone listed on the website for the Fort Independence Tribe.
Michael Hunter and Corporate Payroll Services have also filed creditor lawsuits against Independent Management Resources in Sonoma County Superior Court, the bankruptcy filing shows.
Smithwick said he has no idea who is paying any claims left over from Independent Management Resources' workers' compensation plan. A press officer for the state Department of Industrial Relations promised to look into it, but had not reported back by late Wednesday.
For a time, AS&G Claims Administration in Texas acted as a third-party administrator for Chmielewski's company, but AS&G ceased handling all claims last year, Linda Ginn, a clerk for the company. She said AS&G adjusted claims for Independent Management Resources only for a short time.
"It wasn't very long, once we realized what was going on," she said.
Ginn declined to elaborate.
Another company that once offered a "tribal-based" workers' compensation program, Mainstay Business Solutions, agreed to drop its claim of tribal sovereignty and become a licensed self-insurer in a 2005 settlement agreement with the Department of Industrial Relations.
Linda Atcherley, immediate past president and legislative director for the California Applicants' Attorneys Association, said in her experience tribal plans bring nothing but trouble to both claimants and employers. She said she was involved in one case where a tow truck company owner was forced to pay the cost of her client's claim out of his own pocket because he could not collect from the "alternative plan."
"There is no good alternative plan to workers' compensation," Atcherley said. "When they offer workers' compensation disability benefits, they aren't equivalent."
--By Jim Sams, Senior Editor
jim@workcompcentral.com
LEE, CAN YOU UPDATE THE PROJECT PAGE????????????????? You have 3 full time EMPY construction employees, WHAT ARE THEY DOING?How about updating the entire site? "To be announced", and "To be announced shortly" is getting old.
Anyone know the status of the Independence Casino project? The Inyo Register claims the new facility should be open???? Did EMPY lose the project?
yep...try & get it up long enough to dump more shares
Couldn't have said it better...who's the big spender?
Yeah, weird. I'm now getting EMPYE as invalid on this board. I have not been able to locate anything about the change. I did get the notice of amended 10KSB/A, filed 4/28 but nothing else.
Various charts are showing with an "E". This board also still shows old EMPY ticker no longer valid. Must have happened on 4/25 cause that is last update on IH's chart.
Either way, Lee must be on SEC's radar by now. I still haven't read his "amended" filing yet, wonder what garbage it contains??? Looked to me like they can't keep track of what money EMPY "loaned" IMR and vice versa. They need to add a category "18.2 A, money laundering" LOL
So why the ticker symbol change?
Yup...here is a link I found to the temporary casino! Hope he likes "bingo solitaire" and warm beer. I bet they have free popcorn for the high rollers.
http://www.ksrw.sierrawave.net/site/content/view/654/48/