Most valley residents are familiar with the plight of my son-in-law, Mike Gentry. On Feb. 7, 2009, Mike fell 12 ft. from the roof of a house while performing an installation for Direct TV. Because no one saw him fall and he cannot remember what happened due to a severe brain injury, the insurance company, Zurich of America, denied his worker’s comp claim. Virginia State law allows this. This past year has been a real revelation. The biggest lesson we have come away with is how useless our so-called Public Servants are. Allow me to explain.
In April 2009, after Zurich denied Mike’s claim, we began contacting our Legislators hoping for help. Here is what we got.
I wrote to President Obama. I truly expected nothing and he didn’t disappoint. I wrote Gov. Tim Kaine and got a speedy reply six months later advising us to contact the Worker’s Comp Commission. Wow, ya think? That reply was almost as useless as the one from Del. William Fralin who advised us to get a lawyer. I sure hope Bill Cleveland will bring more to the table. Morgan Griffin said he couldn’t help because it wasn’t his area of expertise and he wasn’t on that committee. If that’s the case he should resign so he can be replaced by someone better qualified to represent all of his constituents, not just the ones who fall into his small category. Letters to John Edwards, Mark Warner, and Jim Webb are yet unanswered.
The most telling response was from State Senator Steve Newman. When Channel 10 News broke Mike’s story they tried to contact Newman for a comment as to why he opposed the Brain Injury Law of 2008. He called my daughter, Andrea, at home to give her his lame excuse and revealed that he did not intend to talk to the media about this. Can’t blame him. It makes him look bad. However, his main concern was to be sure that no citizens of the Commonwealth of Virginia could defraud the insurance industry and while I’m sure there may be some of that, anyone with an IQ of one or above knows that you don’t burn down the whole house just because you have a few termites. I thought he was a PUBLIC SERVANT (and I use that term very loosely) that was hired to work for Virginia’s citizens, not the insurance industry.
The only bright spot has been Congressman Bob Goodlatte. Even though he initially claimed like the rest of them that it wasn’t his responsibility because it’s a State problem, not a Federal problem, he at least began listening after I proved to him at a Town Meeting that that assertion wasn’t exactly true. He hasn’t done anything but at least he’s listening, which is more than we’ve gotten from the rest of these clowns.
Virginia citizens need to wake up and demand better. In the famous words of Buford Pusser of Walking Tall, “If you allow them to do this to me and get away with it, you give them license to do the same thing to any one of you.” And trust me they will.
-Burman Snider, Roanoke
Earlier this morning I wrote a comment about Mike Gentry’s brain injury and was informed by the familly that my term of lawsuit was incorrect. I apologize and admit I’m still learning the legal process through all of this. The family is actually waiting for their court hearing and for their case to be heard before the Virginia State Worker’s Compensation Board. It has been over a year since they applied for this hearing and their court dates have been cancelled several times. It is my desire to bring attention to thiis tragic situation and to in some way help this precious family that has been through so much. Hopefully something will be done soon that will not only help them, but also keep anyone else from going through such a painful ordeal.
As I’ve read some of the comments on this case, I believe there may be a misunderstanding of what is actually happening in this situation. Before being confronted with this in our family, I had no idea of this law in Virginia that protects the insurance company rather than the injured individual. I assumed as many of you probably do that if you are injured on the job, you are entitled to workman’s compensation. This is in fact not true for brain injuries received on the job as a result of an unwitnessed accident. In most brain injury situations there is a loss of short term memory and of course that normally includes memory of the accident. If no one else was around at the time of the accident to witness what happened, the law in Virginia protects the insurance company from any responsibilty to provide workman’s compensation for the disabled employee. That is why there is a need to contact local and state legislation in order to try to change this unfair law. The Gentry’s have legal representation and are in the process of a lawsuit, however the system keeps cancelling their court dates due to what we all believe to be insignificant reasons. One of the court cancellations for example was due to Zurich’s insurance attorney getting a nosebleed the day before the court appearance. It has been over a year since the accident and there still has been no court hearing. Meantime Mike Gentry is severly injured and is not able to work and provide for his family. There has been no workmen’s compensation for them and consequently they are in danger of losing their home and everything. This law should give everyone of us in the state of Virginia cause for concern because this could happen to anyone of us.
I would suggest a personal injury attorney.
They will usually represent for a percentage rather than require an up front fee.
Then name both Direct TV and Zurich in the suit.
Mike is my brother. My only brother and I thank God he is still here with us. The reality is the insurance companies are dragging this out so my brother and his family are left in such a desperate position they hope they accept the minimum settlement. I understand the “legal system” however it has failed when justice was never even the goal. There is no recourse if you loose everything trying to find it. Michael was injured on the job and yet a year later has received nothing from the insurance companies that were paid to provide that service. My brother has a brain injury that has left him disabled and unable to provide financially for his family. What a sad state to be in where justice and morality are non existent in a system that was founded to fight for those two very basic rights. I implore to those we elected to stand up and make a difference. I challenge the media and the citizens to do the same. I pray to God and thank him for doing all those things and hope we all find the strength to emulate Him.
Fralin’s advice was unfortunately probably the best. As sad and difficult as it may be when you are in a situation like this to see, the US “political system” is not able to address a singular need as this, and when they do, it tends to be only after widespread media attention and even then you need national not local attention, BUT you have to start locally and hope it gets picked up. The truth is the US system does give you recourse and it is through legal action.
I have been following The Gentry family’s story. It disgusts me that this is happening to them and not a single political figure is doing anything about it!!!!It seems to me Zurich and all these (so- called) public servants need to be called out by every media outlet in Va. Maybe a ton of bad publicity would do them some good.
The thoughts and prayers of my whole family are with Mike, Andrea and the kids. You deserve better than this type of treatment.
Someone needs to help this family. Mike has worked to provide for his family. They have record that he had to complete the job. He was employed and hurt on the job. How can they not help? This is wrong and they need to show some integrity and take care of this! I’m behind this 100%. We will spread the word. Who can help?
I’m behind Burman 100%. Michael is my son. It seems the state of Virginia and all our representatives are not at all interested in the effect this law has on it’s law abiding citizens