Posted by Kay on 8/27/06

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I am a teacher in a school district in New Mexico which has
workers comp. For the last 3 years, I, along with the
teacher in the class next to mine, the custodians and the
school nurse have submitted work orders about sewer gas
odor, moldy smells coming from sink area and then followed
by a fruit fly infestation. The work orders submitted in
2005/06 were all recorded through an electronic system. To
shorten the story, the work orders were either ignored or
handled inadequately. The other teacher and I finally
refused to take our students into our adjoining classrooms
one day, and forced the district maintenance to do
something. After ripping out cabinetry and the concrete pad,
a rotted out galvanized wastewater line was discovered. The
district immediately ripped all materials out, cut out the
galvanized line and replaced with PVC though the fruit fly
larva was still crawling around in the biological waste and
black muck. The newly bare area was sprayed with bleach and
vented. An independent mold inspection firm was called
several days after the remediation and tested for the mold
spores at the time were within norm.During the course of the
3 years, the other teacher and I experienced numerous health
ailments which we didn't think to attribute to the
rooms.Joint pain and swelling, lung difficulties, colds
which dropped into my lungs lasting for over 30 days, etc.
My teacher union rep suggested I file a grievance against
the district asking for for replacement of the sick leave I
had used for doctor's visits and illness. I took the
grievance all the way to the board, only to hear
administrators and maintenance people lie through their
teeth. Even though I had hard copies of work orders, etc.
Students in my class suffered asthma attacks, etc. My
grievance was denied and I was asked why I didn't file
workman's comp. I at the time thought had to be from a point
of injury, not an ongoing illness, though the OSHA guy I
reported the case to, said he would help me file a claim.
What could be our next legal recourse as the maintenance and
administrators were callous in their handling of this case,
lying and acted as if it really was all our fault.People are
afraid of this administration because they use intimidation
and fear to rule the staff.

personal injury in workplace, 8/27/06, by Kay.

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