The California Workers’ Compensation system proved to be a nightmare for David Bell as well as countless other injured workers who have sustained an occupational exposure resulting in illness, disease and to some, death.
It is questioned “why” California has Qualified Medical Examiners [QME’s] within it’s workers’ compensation system when their expert medical opinion and findings side with the injured worker are merely ignored? Instead of believing, or even acknowledging the validity of the QME’s findings and reports (and other medical opinions as well as scientific evidence) the California workers’ compensation system, which is run by the same insurance industry that fights the injured worker’s “claim for benefits”, choses to rule on the side of the “unsafe” employer denying all rights for not only the injured worker’s rights to compensation benefits (including much needed medical care), but also denying him or her the judicial rights to a fair process.
In the following you will see how Agraquest. Liberty Mutual Insurance Company and the California workers’ compensation system circumvented the "truth" with respect to David Bell sustaining an occupational illness and disease as a result of working for Agraquest.
FURTHER ON THE HISTOPLASMA FOUND IN DAVID'S BLOOD SERUM :
On March 1, 2005 David saw the Qualified Medical Examiner, Dr. Jonathan Ng at the request of M. Hollie Rutkowski, Attorney at Law. The purpose of the medical visit to Dr. Ng was to evaluate David with reference to whether David did receive a workplace exposure from Agraquest that would support the validity of David's workers compensation claim. In Dr. Ng's report of findings of March 2, 2005 Dr. Ng indicates that he has also done research in the preparation of this report. One of issues that was discussed was David's exposure to Histoplasma.
Dr. Ng did in fact believe, based on his research of peer reviewed literature and his medical opinion, coupled with David's employment at the research and development biotechnology company, Agraquest that screens soil for fungus and bacteria, that David could have been exposed to Histoplasma. [To view Dr. Ng's medical opinion and report on David’s workplace exposure at Agraquest to Histoplasma please click [ HERE ]
During David's workers compensation "trial" of September 10, 2007 at the Sacramento office of the the Workers' Compensation "court", Judge Suzanne F Dugan chose to believe Denise Manker over the Qualified Medical Examiner, Dr. Ng: Judge Suzanne Dugan; “The reports of Jonathan Ng, M.D., do not constitute substantial medical evidence as he had an incorrect factual history of the conditions in the employers plant. The credible testimony of defense witness Ms. Manker addressed the factual errors in Dr. Ng’s report and rebutted the factual history given by applicant to Dr. Ng.” [ Judge Dugan’s 10/12/2007 ORDER; “Applicant shall take nothing by way of his claim of injury in this claim” and OPINION ON DECISION can be found [ HERE ]
Denise Manker had said that there wasn't any histoplasma at Agraquest through the Agraquest’s and Liberty Mutual Insurance Company attorney, Daniel Reich on two separate occasions, one being the reply from Daniel Reich to David's filing of MOTION TO COMPEL DISCOVERY. At the end of the "letter" contained the document prepared by one of the founding scientists of Agraquest, Denise Manker in which she denied Histoplasma being at Agraquest.
Another denial to histoplasma being at Agraquest was the response of Daniel Reich for the 10/28/06 ORDER BY JUDGE VOLKAN as to "HAZARDS IN THE WORKPLACE" [ Document relating to the denial of "Histoplasma" being at Agraquest can be found HERE . David's attorney was not allowed to submit evidence per the objection of Agraquest''s and Liberty Mutual's Insurance Attorney, Daniel Reich.
Once piece of very vital evidence which was not allowed to be addressed and submitted was; United States Patent 6,004,774 in which Denise Manker herself is listed as one of the "inventors", which clearly says:
"Additionally, an antifungal composition comprising an extract produced by B. subtilis strain ATCC 55614 may be used to treat human fungal diseases in which the disseminated disease is a condida, for example, Aspergillus sp, Histoplasma sp. and Tinea sp."
(When David's attorney tried to submit this evidence, the court "went off the record" (meaning the court reporters transcribing of this portion of the "trial" was stopped.)
PLEASE NOTE: Also included in the Response by Daniel Reich, Attorney for Agraquest's Worker's Compensation carrier - Golden Eagle/Liberty Mutual Insurance Company for the 10/28/06 ORDER BY JUDGE VOLKAN as to "HAZARDS IN THE WORKPLACE" (WCAB HEARING of David Bell's filing of MOTION TO COMPEL DISCOVERY; Daniel Reich answered "Bacillus - Yes" and "Coccoides - No". [Document can be found HERE ]
FURTHER ON THE BACTERIUM, BACILLUS SUBTILIS WITH RELATION TO DAVID BELL AND HIS WORKING WITH THIS PRODUCT (IN POWERED FORM) AT AGRAQUEST:
Another issue that was discussed in the March 2, 2005 report by the Qualified Medical Examiner, Dr. Ng was David’s exposure to Bacillus Subtilis and the relation to David’s health and his need for the sinus surgery y in 1999. Again, Dr. Ng did research of peer reviewed literature in the preparation of this report and is very clear in stating, “It is therefore within medical probability that his exposure at work as aggravated his allergic rhinitis which in turn exacerbated his sinusitis resulting in the need for surgery in 1/99” [the surgery was scheduled on January 25, 1999 but wasn’t done until February 3, 1999] [To view Dr. Ng's medical opinion and report on David’s workplace exposure at Agraquest to Bacillus Subtilis please click HERE.] Dr.Ng/Bacillus.pdf Dr. Ng does not include in the March 2, 2005 medical report reference to the EPA’s 1997 Bacillus subtilis Final Risk Assessment in which the EPA also states there are human health risks associated with expose to Bacillus Subtilis.
Again, Agraquest's and Liberty Mutual's Insurance Attorney, Daniel Reich objected during the workers compensation “trial” to any evidence pertaining to the validity of Bacillus Subtilis causing health problems that were referenced by peer reviewed articles by Dr. Ng [again, off the record]. Attorney, Daniel Reich went as far to say that David had “coached” Dr. Ng in what to write in his Medical report.
Further, Judge Dugan again chose to accept the testimony of Denise Manker over the Qualified Medical Examiner, Dr. Ng: Judge Dugan; “The reports of Jonathan Ng, M.D., do not constitute substantial medical evidence as he had an incorrect factual history of the conditions in the employers plant. The credible testimony of defense witness Ms. Manker addressed the factual errors in Dr. Ng’s report and rebutted the factual history given by applicant to Dr. Ng.” [COURT RECORD TO THIS VERIFY THIS CAN BE FOUND HERE]
Denise Manker stated at the trial” of David that Bacillus Subtilis did not pose a health risk as well as said the EPA (and the European Commission report) said that Bacillus Subtilis did not contain the enzyme, Subtilize that caused human health problems. The court record of David Bell’s testimony and Denise Manker’s cross examination of this issue can found HERE
It is questioned why Denise Manker was not forthright in her “credible testimony” during the workers compensation “trial” of David with relation to subtilis,
1) The different strains that David was exposed to (there are only two of these strains that are "known")
A) The Bacillus Subtilis Manker referred to during the workers compensation"trial" of David was Agraquest’s discovery (strain QST 713) that was found in a Fresno peach orchard by Agraquest scientist, Sherry Heins.
i. This is a completely different strain than the Bacillus Subtilis AQ 153 [ATCC 55614] that was discovered by, George Vandemark which David was also exposed to (as is identified in United States Patent 6,004,774 which was submitted by Pam Marrone, founder of Agraquest to the United States Patent Office on November 15, 1998 - 3 months and 10 days AFTER David began his employment at Agraquest).
NOTE: The relationship to the Histoplasma that was found in David Bell's blood serum and United States Patent 6,004,774 is the reason Denise Manker DID NOT wish to discuss this at David's workers' compensation "trial". Manker herself is listed as one of the four "inventors" from Agraquest on this patent.
United States Patent 6,004,774 states:
"Additionally, an antifungal composition comprising an extract produced by B. subtilis strain ATCC 55614 may be used to treat human fungal diseases in which the disseminated disease is a condida, for example, Aspergillus sp, Histoplasma sp. and Tinea sp."
NOTE: Four (4) days AFTER David first sought emergency medical care, all of the Agraquest scientist's INCLUDING DENISE MANKER, started signing away their interest rights to this patent.
2) The date that Denise Manker did the study for the presence of subtilisn in this bacteria
A) The “study” done on Agraquest’s QST 713 for the presence of “subtilisn” was done by Denise Manker herself on June 19, 2002, long after David was employed at Agraquest; “Analysis of Serenade for Presence of Subtilisn” and was an unpublished study. Further, Denise Manker also submitted to the EUROPEAN COMMISSION the unpublished study; “Chemical Characterization of QST 713” on April 19, 2001. [Verification of this can be found in the EUROPEAN COMMISSION HEALTH & CONSUMER PROTECTION REPORT; active substance Bacillus subtilis QST 713
3) The Bacillus Subtilis strain QST 713 was only given a "Conditional Time Limited Registration by the the EPA;
A) Denise Manker fails to disclose during the workers compensation "trial" of David the actual registration process which took place with reference to Aqraquest's QST 713;
i) On April 26, 1999 Agraquest submitted to to the EPA “Petition for Tolerance Exemption (PP 8F5032) for Bacillus subtilis strain QST 713 on all agriculture commodities from AgraQuest Inc. of Davis CA.”.
NOTE: On June 1, 1999 David was told his "position was being terminated" and he was given $1,441.00 in severance pay. The prior month of May 1999 David had received employment pay in the amount of $1,083.00.
ii) On June 19, 1999 Agraquest submitted to the EPA an “Application for New Active Ingredient for Bacillus subtilis strain QST 713 - for use in formulating end use products to control various fungal plant pathogens and terrestrial use by Agraquest Inc. of Davis CA”
iii) On 6/20/2000 Agraquest was issued a Conditional Time-Limited registration on QST 713 Technical. and given time to submit and correct deficiencies in their 4/26/1999 and 6/15/1999 submissions on QST 713 Serenade wettable powder. [ The EPA Conditional Time Limited Registration form sent to Agraquest from the EPA can be found HERE ] Only a few of the reason's Agraquest did NOT receive a full registration:
•The submitted manufacturing processed not have sufficient quality control fermentation batches.
Data required
•Data for the 12 month storage stability of the end-use product has not been submitted.
•Additional data described in the December 12, 1999 review and March 8 2000 letter are required to upgrade submitted process, MRID# 44519-04 to acceptable. This includes:
•1) A formal submission that clearly describes new quality control steps taken to assure the consistent CFU/g values and limit microbial impurities in the Technical Powder.
•2) A 5 batch analysis of Technical Powder produced from cell cultures with latest QC.
•3) Raw data for the above mentioned 5 batch analyses.
Ecological Effects Data Required
•A 21 day Freshwater Aquatic Invertebrate Study must be performed. Attenuated and filter sterilized controls should be used in the test. Test lab should attempt to determine cause of death and whether pathogenicity involved.
•[Shrimp] Required due to report of disease in terrestrial amphipod crustacean associated with B. subtilis infection. Protocol must be submitted before initiating study.
•QST Technical was shown to cause mortality to parasitic Hymenoptera. MRID 44619-14 is graded supplemental. Potential pathogenicity was not investigated.
•[HONEY BEE] All test concentrations showed treatment related mortality. MRID 4456519-17 is supplemental due to the short test duration and the lack of a determination as to whether mortality was due to toxicity only or whether pathogenicity contributed.
PLEASE NOTE: The submissions of April 28, 1999 and June 19, 1999 by Agraquest to the EPA were one of the products, [QST Technical wettable powder] that David had transferred from LARGE drums into 24 pound bags for shipment .
ADDITIONAL MEDICAL OPINION RELATING TO DAVID'S HEALTH AS A RESULT OF WORKING AT AGRAQUEST:
Additionally not allowed as evidence, and another objection made by Liberty Mutual's Insurance Attorney, Daniel Reich (off the record) at David’s workers compensation “trial” was the November 15, 2004 letter written by Dr. Vincent Marinkovich - Allergy and Immunology:
“To Those Concerned, RE: David Bell in which he stated, “I believe there is no question Mr. Bell’s problems of sinusitis and lung disease, beginning when they did are the direct result of exposure to fungal spores at work. It is almost certain that he continues to be colonized by some of these organisms in his sinuses, nasopharynx and lungs. The sinus and nasal colonization is supported by direct visualized evidence of purulent inflammation is his nose and the recent reports by Dr. Ponikau of the Mayo Clinic proving that chronic sinusitis is almost always the result of fungal colonization in the sinuses. The lung colonization is supported by his reduced spirometry results, his prodigious dark sputum production and the direct culture of fungi from his sputum”. [to view Dr. Marinkovich’s letter click HERE ]
