Injured Worker's Mother Charges Workers Comp Fraud At CA Fraud Assessment Commission Sandi Trend Speaks Out About Fraud by DA’s At California Fraud Assessment Commission 6/17/2009 Sacramento, CA. (by LABOR VIDEO PROJECT)
~VIDEO LINK~ http://www.youtube.com/watch?v=XHlqrUxhtfQ This transcription was transcribe to the best of the transcriber’s ability. If there are any errors in this transcription, it is without knowledge ~~~~~~~~~~~~~~~~
TRANSCRIPTION OF; “Sandi Trend Speaks Out About Fraud by DA’s At The California Department of Insurance, California Fraud Assessment Commission on 6/17/2009 in Sacramento, California”: SANDI TREND: ... by Federal and state
SANDI TREND Because, I want to know why...
CHAIR, WILLIAM ZACHRY: Um... I’m not clear on what this has to do with the overall funding allocations
CHAIR, WILLIAM ZACHRY: The Fraud Commission is not set up nor does it get involved directly with specific cases.
1
(Each member of the California Department of Insurance, Workers’ Compensation Fraud Unit receiving their individual letters written by Sandi Trend for her presentation and CD’s of pdf files: CD: *WORKERS COMPENSATION records of DAVID BELL’s Case” 1 including the TABLE OF CONTENTS pages that were given to the Yolo County District Attorney office on 10, 1, 2007 documenting Federal and State of California mandated laws that were ignored by Agraquest Inc. (and their representatives), Physicians and the CA Workers’ Compensation 2 , CD: Transcript with evidentiary documentation of the transcript of the video, “Injured Agraquest Biotech Worker David Bell Tells His Story” 3 , (validating the evidence that the Yolo County and the Sacramento County District Attorney’s have not upheld mandated Federal and State of California laws .) SANDI TREND Why isn’t the District Attorney’s doing their jobs? And why doesn’t.... Could you let me finish?
CHAIR, WILLIAM ZACHRY: Again, you need to talk about... SANDI TREND Fraud Unit ...
CHAIR, WILLIAM ZACHRY: There’s an independent prosecution because if... if the Fraud Commission inappropriately pushed on one claim or another in order to receive funding it would create a lack of independence of prosecution. It is up to the District Attorney’s...
CHAIR, WILLIAM ZACHRY: ... the specific overall funding of the commission and the District Attorney’s. If you would like to make your comment on Public Comment we are more than interested in listening to you at that time.
SANDI TREND They... they did nothing. CHAIR, WILLIAM ZACHRY: It is up to the District Attorney’s to determine the cases, which ones are prosecutable and how they will prosecute them. It is not up to the Fraud Commission at all.
SANDI TREND Ok, so at the end I can... CHAIR, WILLIAM ZACHRY: So you cannot.... SANDI TREND Well, can I just please .... Lieutenant Stroski arranged for a meeting with Susan Crouch, Department of Insurance... Commission at ....
COMMISSION ATTORNEY: I think... I think that she is allowed to certainly make commentary within her three minutes stating that she 2
disagrees with the funding of a particular county for a reason and that’s fine, she has that right.
SANDI TREND There’s two counties, Sacramento and Yolo. COMMISSION ATTORNEY: She’s allowed to make public comments regarding the funding recommendations, and if she believes that there’s error in funding recommendations she’s allowed to voice that whether that’s because they failed to prosecute or because they prosecuted [INAUDIBLE] or whatever the {inaudible} case may be. JILES SMITH, COMMITTEE MEMBER Ok. With that logic that she.... maybe we should start again. We interrupted. SANDI TREND: Within the “table of contents” and corresponding evidentiary pages were numerous legal codes, referencing Federal and state of California violations, Civil Violations, and Workers Compensation Violations committed by Agraquest, the California workers compensation system, Agraquest’s workers compensation carrier; Liberty Mutual and their defense attorney, Daniel Reich.
SANDI TREND May I finish? COMMISSION ATTORNEY: Go ahead JILES SMITH, COMMITTEE MEMBER [directed to Sandi Trend] One second ma’am before you finish.
After numerous communications between Lt. Stroski and myself there was a meeting with Lt. Stroski on October 24, 2007 at the Yolo County District Attorney’s office at Woodland, Present at this meeting was Lt. Stroski, Mr. Doug Haney and myself. Additional documents were given to Lt. Stroski at this time.
JILES SMITH, COMMITTEE MEMBER [directed to Commission Attorney] So you say she’s allowed to talk about a specific....
Lt. Stroski arranged for a meeting with Susan Crouch, California Department of Insurance, Fraud Unit Supervisor. This meeting took place on January 23, 2008. Attending the meeting was Susan Crouch, Dina Padilla [and] myself.
JILES SMITH, COMMITTEE MEMBER [DIRECTED TO SANDI TREND] ... have an issue with one county.. Am I correct?
Ms Crouch had called me within 2 hours of the January 23 meeting in which she said, “This has bothered me since you were here”. Ms. Crouch set up an appointment with the Sacramento County District Attorney’s office exactly one week later on January 30, 2008 with District Attorney, Dale Kitching, Attending this meeting was District Attorney, Kitching, Doug Haney, Miss Crouch and myself. I have heard nothing from Mr. Kitching nor anyone else from any District Attorney’s office concerning the matter of the illegal acts committed against my son. Since this commission's purpose is to investigate and prosecute workers' compensation insurance 3
fraud.....
CHAIR, WILLIAM ZACHRY: How does this apply to the issue that’s before the commission?
CHAIR, WILLIAM ZACHRY: This commission does not investigate, nor does it prosecute workers’ compensation fraud. This commission is here to fund the District Attorney’s... SANDI TREND But the District Attorney’s are suppose prosecute, which they are not doing. .
SANDI TREND Why are the ....
to
Why such a large budget for the District Attorney’s when they don’t prosecute who should... who they should.... should be prosecuting? You guys are protecting the businesses in the state of California. I’m almost done sir, please let me finish.
You know, you got... everybody’s going after the employee whose fraudulent, and that should be done, I totally agree with that, but there’s also a lot of businesses out there that are committing fraud by not reporting... by lying. You know you... their not paying the proper premiums because they’ve had injuries...
Um... Please explain to me why business’s in California are being... not being held accountable for the fraud they have committed? I have repeatedly given the proper authorities more than enough evidence to initiate an investigation as to the fraud committed by my son’s former employee [should be employer]; the non compliance of reporting an employee injury, listing the wrong insurance carrier on the employees claim for worker’s compensation (which they themselves received the denial letter and merely chose to put it in his employee file) and the inexcusable acts of the California Worker’s Compensation system to even allow a case to continue when the correct insurance carrier was 195 days past the allotted 90 days to deny a claim per California Labor Codes.
and then they’re not being prosecuted and held for fraud and the state is losing money because you’re not fining them and collecting the money from them.
Now, I’m almost done. California does not hold the employ... only does not only hold employers who commit fraud accountable, they also give them a reward of a 74% experience modification... for good job done. This in itself is Premium Fraud. The cost of medical care for the injured employee is placed solely on the backs of the American worker.
I’m almost done. With all due respect, you wonder why our state has such an enormous deficit, your protecting unsafe employers in this state has contributed greatly. 4
Can you please explain to me just what does this fraud assessment commission and the California District Attorney offices do.
On the front, in 2008 a video was done with an interview titled,
I want your commission to investigate why there were never any actions taken by Yolo County and Sacramento County District Attorney’s offices for the information I have provided them in the past as well as the information I am giving you now. Now what I gave to you was your letters and CDs with the pdf files
“Injured Agraquest Biotech Worker David Bell Tells His Story”... CHAIR, WILLIAM ZACHRY: So all the information is in the.... Sandi Trend: It’s in here
.. ... and within... within these pdf files on the back is what I have presented to Lt. Stroski. There’s a table of contents here that shows all of the laws that were broken.
CHAIR, WILLIAM ZACHRY: That’s what I’m thinking SANDI TREND But I could only give... I had trouble with my printer. 5
So, it’s in here, and there’s pictures of the exact documents in here.
So...... CHAIR, WILLIAM ZACHRY: Thank you... SANDI TREND I wanted... I wanted to print them out for all of you, but I just couldn’t do it. And thank you, very much. And... who do I give this to?
Sandi Trend presenting to the commission the FOUR PART FOLDER, including the TWO CD’S that were previously given to the commission. FOUR PART FOLDER PRESENTED TO THE CALIFORNIA DEPARTMENT OF INSURANCE, WORKERS’ COMPENSATION FRAUD COMMISSION by SANDI TREND; CONTAINED CD’S & PRINTED COPIES OF: • TABLE OF CONTENTS of the workers compensation records of David Bell [from 2003-2008] 1 • LETTER dated October 1, 2007 to Lt. Daniel Stroski, Yolo County District Attorney - Workers’ Compensation Fraud Unit from Sandi Trend 2 • TABLE OF CONTENTS: given to Stroski along with the October 1, 2007 letter citing Federal and state laws and/or codes violated by Agraquest Inc., Agraquest representatives, Physicians and the California Workers’ Compensation System. The TABLE OF CONTENTS additionally gives the location of the footnotes in the Stroski October 1, 2007 letter, 2a • TRANSCRIPTION OF THE VIDEO, “Injured Agraquest Biotech Worker David Bell Tells His Story” (one hundred five (105) pages) which includes “screen shots” of evidentiary documentation supporting what David Bell said in his interview in the video 3 • TABLE OF CONTENTS (referencing where the seventy seven (77) pages of documents can be found in the one hundred five (105) pages of the transcription of the video, “Injured Agraquest 6
Biotech Worker David Bell Tells His Story” . Following the TABLE OF CONTENTS pages are copies of the evidentiary documents supporting what David Bell said in his interview. 4 CHAIR, WILLIAM ZACHRY: [INAUDIBLE]
Kaiser workers, UC Davis... there’s other employers, Bakersfield area, L. A. county for studio... Downey Studio and Kaiser and then San Mateo County for Joe Dow and Anita Blick.
CHAIR, WILLIAM ZACHRY: One more public comment?
I’ll be back
DINA PADILLA: I’ll save most of my public comment for later on, but I just wanted to say that I oppose funding for Yolo County and Sacramento County for David Bell for Agraquest,
CHAIR, WILLIAM ZACHRY: Thank you.
~END OF TRANSCRIPT OF THE VIDEO: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
#1 Presented to the The California Department of Insurance, Workers’ Compensation Fraud Unit on June 17, 2009 CD; TABLE OF CONTENTS, INCLUDES PDFs OF EVIDENTIARY DOCUMENTATION
~ (photo’s of acceptance on page 2 above~ WORKERS COMPENSATION records of DAVID BELL’s [from 2003-2008] DAVID BELL vs AGRAQUEST; WCAB CASE - SAC 332586 [OCTOBER 3, 2003 - DAVID BELL SENT REQUEST FOR WORKERʼS COMPENSATION BENEFITS FORM TO AGRAQUEST (Agraquest listed the wrong insurance carrier) ] ~OCTOBER 4, 2006 - MOTION TO COMPEL DISCOVERY ~OCTOBER 10, 2006 - DANIEL REICH, AGRAQUEST ATTORNEY RESPONSE TO BELL'S MOTION TO COMPEL DISCOVERY ~SEPTEMBER 10, 2007 - WORKERS COMPENSATION "TRIAL” OF DAVID BELL BEFORE JUDGE SUZANNE F. DUGAN, WORKERSʼ COMPENSATION APPEALS BOARD ~OCTOBER 12, 2007 - DENIAL OF WORKERSʼ COMPENSATION BENEFITS; WORKERSʼ COMPENSATION APPEALS BOARD, JUDGE SUZANNE F. DUGAN 7
~NOVEMBER 2, 2007; 1st MOTION/PETITION FOR RECONSIDERATION EXHIBITS: POINT OF ORDER ONE and TWO: MISTAKENLY LEFT OUT OF EXHIBITS; DENY CLAIM - 195 DAYS LATE • Hollie Rutkowski Esq; December 31,2004 Letter: • David A Bell • Melissa Brown, Esq • Baynard Chang, M.D. • Agraquest, Inc. • Daniel N. Reich, Esq. • Lynne Rendon, Liberty Mutual POINT OF ORDER THREE EXHIBIT 1 (with proof of service) - *10-3-2003 DAVID BELL WORKER COMPENSATION CLAIM EXHIBIT 1 (without proof of service) - *10-3-2003 DAVID BELL WORKER COMPENSATION CLAIM POINT OF ORDER FOUR EXHIBIT 2 *10-23-2003 PREFERRED INSURANCE DENIAL OF CLAIM POINT OF ORDER FIVE EXHIBIT 3 *2-5-2004 PREFERRED INSURANCE DENIAL OF CLAIM POINT OF ORDER SEVEN EXHIBIT 4 *5-19-2004 WORKERS' COMPENSATION INSURANCE RATING BUREAU POINT OF ORDER EIGHT EXHIBIT 5 *7-14-2004 GOLDEN EAGLE/LIBERTY MUTUAL DENIAL OF CLAIM POINT OF ORDER THIRTEEN EXHIBIT 6 - *3-2-2005 QME DR. NG page 23 of 27 EXHIBIT 6 - *3-2-2005 QME DR. NG page 24 of 27 POINT OF ORDER NINETEEN EXHIBIT 7 - *11-1-2007 DECLARATION OF SANDRA L. TREND EXHIBIT 8 - *10-31-2007 XXXXXXX SQUARE MEMO POINT OF ORDER TWENTY ONE EXHIBIT 9 - *4-21-2005 DANIEL REICH REQUEST FOR SSA RECORDS EXHIBIT 10 - *5-3-2005 DANIEL REICH REQUEST FOR SSA RECORDS POINT OF ORDER TWENTY TWO EXHIBIT 11 - *2004 ADJUDICATION OF CLAIM EXHIBIT 12 - *2005 AMENDED [LIBERTY MUTUAL] ADJUDICATION OF CLAIM POINT OF ORDER TWENTY FOUR EXHIBIT 13 - *9-20-2006 DAVID BELL CONSENT FOR RELEASE OF SSA RECORDS POINT OF ORDER TWENTY SIX EXHIBIT 14 - *8-8-06 DANIEL REICH LETTER POINT OF ORDER THIRTY FOUR EXHIBIT 15 - *2-19-1999 SACRAMENTO ENT, NANCY APPLEBLATT FAX TO AGRAQUEST “can return to work" POINT OF ORDER THIRTY SEVEN EXHIBIT 16 - *7-29-2006 DAVID BELL LETTER EXHIBIT 17 - 10-20-2006 WCAB MINUTE OF HEARING EXHIBIT 18, page 1 - *8-15-2007 LAW OFFICES of OVERTON & OVERTON LETTER EXHIBIT 18, page 2 - *8-15-2007 LAW OFFICES of OVERTON & OVERTON LETTER EXHIBIT 18, page 3 - 8-15-2007 LAW OFFICES of OVERTON & OVERTON LETTER POINT OF ORDER FORTY EXHIBIT 19 - *11-14-2006 Daniel Reich letter EXHIBIT 20, page 1 - UNITED STATES PATENT # 6.004.774 EXHIBIT 20, page 2 - UNITED STATES PATENT # 6.004.774 EXHIBIT 21 - *BIBLIOGRAPHIC DATA OF UNITED STATES PATENT # 6.004.774 EXHIBIT 22 - *UNITED STATES PATENT AND TRADEMARK OFFICE PATENT ASSIGNMENT ABSTRACT OF TITLE OF UNITED STATES PATENT # 6.004.774 EXHIBIT 23 - *3-2-2005 QME DR. NG REPORT (page 22) POINT OF ORDER FORTY ONE EXHIBIT 24 - *10-20-2006 SUPPLEMENT TO MINUTES OF HEARING 8
POINT OF ORDER FORTY TWO EXHIBIT 25, page 1 - *10-10-2006 DEFENDANTS RESPONSE TO APPLICANT'S MOTION TO COMPEL DISCOVERY EXHIBIT 25, page 2 - *10-10-2006 DEFENDANTS RESPONSE TO APPLICANT'S MOTION TO COMPEL DISCOVERY EXHIBIT 25, page 3 - *10-10-2006 DEFENDANTS RESPONSE TO APPLICANT'S MOTION TO COMPEL DISCOVERY POINT OF ORDER FORTY TWO EXHIBIT 26 - *4-27-1999 DAVID BELL LETTER OF RECOMMENDATION POINT OF ORDER FORTY TWO EXHIBIT 27 - *STATE of CALIFORNIA, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH - CAL/OSHA CITATION AND NOTIFICATION OF PENALTY POINT OF ORDER FORTY SIX EXHIBIT 28 - 5-7-2007 WCAB HEARING ~NOVEMBER 03, 2007 - WCAB FORM 45 ~NOVEMBER 19, 2007 •ANSWER TO PETITION FOR RECONSIDERATION - by Daniel N. Reich, ESQ., Agraquest, Inc. and Liberty Mutual Insurance Company ~NOVEMBER 21, 2007 • REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATION by Workers" Compensation Administrative Law Judge: Suzanne F. Dugan ~ JANUARY 3, 2008 • OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION - Workers Compensation Appeals Board, San Francisco, CA ~JANUARY 23, 2008 - •2nd MOTION FOR RECONSIDERATION ~MARCH 4, 2008 - OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION - Workers Compensation Appeals Board, San Francisco, CA ~END OF WORKERS COMPENSATION RECORDS OF DAVID BELL’S [FROM 2003-2008]~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NOTE: On September 11, 2007 Sandi Trend met Lieutenant Daniel Stroski from the California Yolo County District Attorney’s office during the California Department of Insurance, Workers’ Compensation Fraud Commission meeting. Upon hearing about David Bell and what happened to him at Agraquest Inc. in Davis, California from occupational exposure, Lt. Stroski first said to e-mail him the details. The more Ms. Trend told Lt. Stroski Lt., Stroski said, “You have really peaked my interest” and went to his automobile that was parked in the parking lot to get his business card. He told her to send to him the damaging evidence that she had against Agraquest Inc. and to mail it the Yolo County District Attorney’s office. The information and documents to validate what Ms. Trend had told him. On or around October 1, 2007, after Ms Trend had compiled the information Lt. Stroski had requested, she went to his office in Yolo County to give this to him in person. However, Lt. Stroski was not there and was en route to or from Sacramento. The receptionist at the Yolo County D.A.’s office told Ms. Trend she would be more than happy to give the information to Lt. Stroski upon his return. Ms. Trend asked for an acceptance letter with the date, which the receptionist gave her. Lt. Stroski e-mailed Ms. Trend acknowledging receipt of large packet of documents he had received and said he would be looking it over. Not long thereafter, a meeting was scheduled with Ms. Trend at the Yolo County D.A.’s office. Attending this meeting was Lt. Stroski, Doug Haney and Ms. Trend. Additional documents were given to Lt. Stroski at that time. ~END OF NOTE~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 9
#2
Presented to the The California Department of Insurance, Workers’ Compensation Fraud Unit on June 17, 2009 CD and COPIES OF LETTER dated OCTOBER 1, 2007 TO LT. DANIEL STROSKI, Yolo County District Attorney - Workers’ Compensation Fraud Unit [33 pages] (photo’s of acceptance on page 2 and page 11 above)
Stroski letter continues - next 3 pages 10
11
12
~END OF STROSKI; OCTOBER 1, 2007 LETTER - Thirty Three (33) Pages~ 13
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Presented to the The California Department of Insurance, Workers’ Compensation Fraud Unit on June 17, 2009 CD and COPIES OF TABLE OF CONTENTS, dated OCTOBER 1, 2007 TO LT. DANIEL STROSKI, Yolo County District Attorney - Workers’ Compensation Fraud Unit (photo’s of acceptance on page 2 and page 11 above)
October 1, 2007 Stroski letter; TABLE OF CONTENTS - *REVISED* RE: David Bell vs Agraquest WCAB Case ID: SAC 332586 FEDERAL & STATE VIOLATIONS NON
REPORTING
OF
EMPLOYEE
INJURY/ILLNESS
AGRAQUEST Insurance Code Section 11760 ...........................................page 3 Labor Code 5401 Reg 101119 ...........................................page 3 California Code of Regulations: Title 8 Section 342....................... page 4 PHYSICIANS CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 105200-105225 IMMEDIATE CARE MEDICAL CLINIC..................................... page 3 SACRAMENTO ENT ...........................................page 3 WORKERS RIGHT-TO-KNOW VIOLATIONS AGRAQUEST, INC GOLDEN EAGLE/LIBERTY MUTUAL DANIEL REICH OF KATCHIS, HARRIS & YEMPUKU 7/29/06 David Bell LETTER TO DANIEL REICH ........................... page 8 footnote............................... #50 8/8/06 Reply from Daniel Reich ...........................................page 8 footnote............................... # 5 1 8/14/2007 John Overton of Overton & Overton:,............................page 9 footnote............................... #60 Legal Statutes guiding this formal documentation request “Employee Right to Know” • California Code of Regulations (CCR) Subchapter 7, • General Industry Safety Orders,” Group 16 • Control of Hazardous Substances,” Article 109 • Hazardous Substances and Processes,” 5194 • Hazardous Communication”, T3 CCR, Chapter 6, Subchapter 3, Group 3, Section 6700 • Pesticides and Worker Safety Requirements” • APHIS Quarantine Regulations Title 7, CFR Part 330, “Federal Plant Pest Regulations; General; Plant Pests; Soil, Stone, and Quarry Products; Garbage” • EPA 40 CFR, Part 159, “Reporting Requirements For .. Risk/Benefit Information” • FIFRA, Section 6(a)(2) 14
WCAB: 10/21/05 SUBMISSION BY DAVID BELL “NO TITLE....................... page 8 footnote............................... # 4 9 8/31/06 “OBJECTION TO DECLARATION OF READINESS TO PROCEED” page 8 footnote............................... #52 29 CFR, Section 1910.1200 OSHA “Hazard Communication Regulation” T8 CCR, Section 5194 California “Hazard Communication Regulation” T3 CCR, Ch.6, Subch. 3, Group 3, Section 6700 “Pesticides and Worker Safety Requirements” 10/4/06 “MOTION TO COMPEL DISCOVERY”.................................page 8 footnote............................... #53 LEGAL GROUNDS FOR THIS DISCOVERY REQUEST • Molds in Indoor Workplaces, • Hazard Evaluation ........................................... • System and Information Services November 2005 • California Proposition 65 Carol Allison v WCAB, 64 CCC624 • Labor Code 132 (a) • Labor Code 4553 • California Code of Regulations: Title 8 • Section 342 Immediate reporting of any serious injury, illness, or death of an employee at the workplace • Section 3204 Access to medical and exposure information • Section 3380 Personal protective equipment • Section 5144 Respiratory protection • Section 5194 Hazard communication program • California Code of Regulations: Title 3 • Section 6724(e) Training Records • Section 6723(a) Written training program • Section 6738(h) Respiratory program procedures • Section 6780(d) Emergency response program • Section 6602 Pesticide label • Section 6723(b) Pesticide safety information series • Section 6619 Treatment notification method • Section 6776 Field posting • Section 6674 Storage area posting • Section 6728(a) Identity of medical supervisor • Section 6728(b) Employee/medical supervisor agreement • Section 6728(c) Medical supervisor agreement, Blood results • Section 6728(d) Employee work practice review • Section 6726 Emergency medical care notice • Section 6738(h) Medical evaluation respirator use • Section 6624 Pesticide use records • Section 6728 Employee exposure records • American with Disabilities Act • Federal Insecticide, Fungicide and Rodenticide Act • Clean Air Act • Clean Water Act • Comprehensive Environmental Response, Compensation, 15
and Liability Act Resource Conservation and Recovery Act Toxic Substance Control Act OSHA Hazard Communication Standards Federal Food, Drug and Cosmetic Act Consumer Product Safety Act Freedom of Information Act 7 USC § 136 h (d) where EPA has already made the determination that something is hazardous, the Confidential Business Information provision does not apply 10/10/2006 “DEFENDANTS OBJECTION TO COMPEL DISCOVERY” page 8 footnote............................... #54 10/20/06 HEARING “SUPPLEMENT TO MINUTES “............ page 8 footnote............................... #55 “M I N U T E S ” .......................................... page 9 “QUESTION OF HAZARDS AT WORKPLACE” 1/14/06 Daniel Reich of Katchis, Harris & Yempuku letter to David Bell ........................................... page 9 footnote........................................ #59 AGRAQUEST SECURITIES & EXCHANGE FILINGS page 9 (HAZARDS, BIOLOGICALS and HAZARDOUS WASTE) 8/03/01 ...........................................page 9 footnote............................... #56 10/03/01 ...........................................page 9 footnote............................... # 5 7 1/11/02 ...........................................page 9 footnote............................... #58 • • • • • • • •
•
FEDERAL & STATE LAWS MANDATE REPORTING OF ANY ADVERSE EFFECTS FROM PESTICIDES INCLUDING BIOLOGICAL EPA: • PESTICIDE REGISTRATION NOTICE 98-3.......................................page 3 • NOTICE TO MANUFACTURERS, FORMULATORS, PRODUCERS, DISTRIBUTORS AND REGISTRANTS OF PESTICIDE PRODUCTS UNREASONABLE ADVERSE EFFECTS • Fungicide and Rodenticide Act (FIFRA), (62 FR 49370) ...........................................footnote #6 sections 12(a)(2)(B)(ii) 12(a)(2)(N) FIFRA 6(a)(2) H-B - Human - Major §159.184 (5)(i)(B) • Regulating Biopesticides FIFRA 6(a)(2).......................................... page 4 footnote............................... # 1 2 ROLE AND FUNCTIONS OF THE EPA ...........................................page 4 footnote............................... # 1 3 Environmental Protection Act 1986 16
section 3(1) section 3(2) • DEPARTMENT OF PESTICIDE REGULATION (DPR)................................ page 3,4 footnote............................... # 1 1 Chapter IX REGULATORY ACTIONS AFTER THE PRODUCT IS REGISTERED F. ADVERSE EFFECTS DISCLOSURE ...........................................page 4 H-B - Human - Major §159.184 (5)(i)(B) BELIEVED REASONING FOR AGRAQUEST, INC. TO BE NON COMPLIANT WITH FEDERAL & STATE LAWS: 2002 SECURITIES AND EXCHANGE COMMISSION................................. page 1 footnote............................... # 4 AGRAQUEST’S SUBMISSIONS “SERENADE” QST 713 EPA 8/24/1998 AGRAQUEST SUBMISSION FOR REGISTRATION..........page 2 footnote............................... #5 3/2/2005 QUALIFIED MEDICAL EXAMINER DR NG..............page 7 footnote............................... # 4 4 4/26/1999 AGRAQUEST SUBMISSION FOR TOLERANCE OF .........page 3 EXEMPTION 6/19/1999 AGRAQUEST SUBMISSION FOR NEW ACTIVE ..............page 4 INGREDIENT BIOPESTICIDE REGISTRATION ACTION DOCUMENT Bacillus subtilis Strain QST 713 6/20/1999 AGRAQUEST ISSUED A CONDITIONAL TIME-LIMITED REGISTRATION FOR QST 7131......................................page 6 footnote............................... # 2 4 NON COMPLIANCE OF AGRAQUEST TO FEDERAL & STATE LAWS REGARDING BUSINESS • APHIS 7 CCR 330 ...........................................page 1 footnote............................... # 1 footnote............................... # 2 • X-MOD EVASION INSURANCE CODE SECTION 11760............................. page 6 footnote............................... # 2 9 • BIOSAFETY IN BIOMEDICAL AND MICROBIOLOGICAL LABORATORIES BMBL Section III Laboratory Biosafety Level 3 (BSL 3)............................page 2 footnote............................... # 2 6 • SAFETY VIOLATIONS 3/12/2002 DAVID BELL LETTER OF COMPLAINT TO DEPARTMENT OF page 6 I INDUSTRIAL RELATION footnote............................... #25 • MINORS IN LAB 4/28/2000 DAVIS ENTERPRISE ARTICLE ................ page 6 footnote............................... #25, #27 • NO DATE- OSHA REPLY - AGRAQUEST CITED...............................page 6 ...........................................footnote #28 CIVIL VIOLATIONS AGAINST DAVID BELL AGRAQUEST 6/1/1999 DAVID BELL TOLD HIS POSITION WAS BEING TERMINATED.page 4 17
(DAVID BELL FAILURE TO RECEIVE REASON FOR DISMISSAL IF FIRED) 2/3/2000 LETTER TO MORRISON & FOERSTER, LLP.................... page 5 California Senate Bill 1348 (1985 Term) footnote.................. # 1 9 “Employer’s are required to notify employees at the time of discharge of the reasons for the discharge and to confirm this in writing within 15 days.”) MEMO SENT TO ALL EMPLOYEES ...........................................page 4 footnote............................... # 1 4 1/1/2000 TEMPORARY RESTRAINING ORDER FILED AGAINST DAVID BELL page4 footnote............................... # 1 6 (12/29/99 BRIAN CAMPBELL ACCOUNT OF MEETING DAVID ON 10/6/1999) page 4 footnote............................... # 1 5 (DAVID BELL ACCOUNT OF MEETING BRIAN CAMPBELL ON 10/6/1999) page 5 2/9/2000 DAVID BELL LETTER TO WILLIAM D KOPPER...............page 5 footnote............................... #20 (2/10/2000 DAVID BELL RESPONSE TO PETITION FOR INJUNCTION page 5 CASE PT00-86) ...........................................footnote #21 (2/18/200 BRIAN CAMPBELL CONFIDENTIAL MEMO)............................ page 5 footnote............................... # 2 2 2/18/2000 CASE PT-00-86 MINUTES OF HEARING................................ page 5 footnote............................... # 2 3 DAVID BELL REQUEST FOR EMPLOYEE FILE (IGNORED) 2/3/2000 DAVID BELL LETTER TO MORRISON & FOERSTER, LLP.................. page 5 footnote............................... # 1 9 • California Civil Code §56.20, • Labor Code §§432, 1198.5, • California Government Code §1798, 5 USC §552a ..........................page 5 footnote............................... # 1 9 • 6/16/2004 AGRAQUEST SERVED WITH SUBPOENA FOR DAVID BELL’s page 7 EMPLOYEE FILE footnote............................... # 3 8 6/21/2004 DAVID EMPLOYEE FILE COPIED ...........................................page 7 footnote............................... # 3 9 8/2/04 EMPLOYEE FILE RECEIVED ...........................................page 7 footnote............................... # 4 1 DISCLOSURE OF PERSONAL INFORMATION 12/28/99 DAVID E-MAIL SENT TO EMPLOYEES OF AGRAQUEST..page 4 footnote............................... #20 • Electronic Communications Privacy Act 18 USC §119 • California Penal Code 631 2//3/2000 LETTER TO Morrison & Foerster, LLP Christopher L. Russell.........page 5 • California Penal Code §5377.5, Agraquest Employee Privacy Policy, • The Fair Credit Report Act 15 USC §1681, the Privacy Act • Privacy Protection Act of the California Constitution Section 1 Article 1 footnote .............................. # 1 9 HARASSMENT 2/3/2000 DAVID BELL LETTER TO MORRISON & FOERSTER,LLP.........page 5 footnote........................................ #19 2/9/2000 DAVID BELL LETTER TO WILLIAM D KOPPER.......................page 5 footnote............................... #20 2/10/2000 DAVID BELL RESPONSE TO PETITION FOR INJUNCTION CASE 18
PT00-86
...........................................page 5 footnote............................... # 2 1 WORKERS COMPENSATION VIOLATIONS AGRAQUEST NON REPORTING OF EMPLOYEE INJURY • Insurance Code Section 11760 page 3 • California Code of Regulations: Title 8 Section 342.................................page 4 • Labor Code 5401 Reg 101119 Claim Form provided to employee within ......... page 3 • one day of knowledge of injury • Labor Code 3602, Liability exists for any injury sustained by .....................page 3 • an employee “arising out of and in the course of employment”, • Labor Code 4600 Medical Treatment; employee is entitled to........................page 3 treatment that is “reasonably required to cure or relieve from the effects of the injury”, • Labor Code 4650 Injury Causes Temporary Disability-Payment to Begin........page 3 (10/3/03 DAVID BELL FILED WORKERS COMPENSATION CLAIM) page 6 footnote............................... # 3 1 AGRAQUEST SUBMISSION OF WRONG WORKERS COMPENSATION.....page 6 INSURANCE CARRIER 10/23/03 PREFERRED INSURANCE DENIAL OF CLAIM.......................... page 6 footnote............................... # 3 2 2/5/04 PREFERRED INSURANCE DENIAL OF CLAIM..............................page 6 footnote .............................. # 3 2 (5/13/2004 DAVID BELL SOUGHT TRUE AGRAQUEST)..........................page 7 WORKERS COMPENSATION INSURANCE CARRIER (5/19/2004 WORKERS COMPENSATION INSURANCE CARRIER............page 7 IDENTIFIED BY WORKERS COMPENSATION RATING INSURANCE BUREAU footnote........................................ # 3 7 7/14/2004 GOLDEN EAGLE/LIBERTY MUTUAL DENIAL OF CLAIM,...... page 7 footnote............................... #40 • LABOR CODE 5402 90 DAY RULE ...........................................page 9 December 31, 2004 Hollie Rutkskowski............... page 9 Board rule 10109. ........................................... footnote........................................ # 6 1 9/10/07 WCAB TRIAL OF DAVID BELL VS AGRAQUEST DANIEL REICH RELEASE OF DAVID BELL’S CONFIDENTIAL QME DR NG TO ...........................................page 10 BRIAN CAMPBELL DAVID BELL MEDICAL (not limited to) DAVID BELL FIRST SOUGHT EMERGENCY MEDICAL ATTENTION 1/18/99 IMMEDIATE CARE MEDICAL CLINIC ......................................... page 3 • CALIFORNIA CODES HEALTH AND SAFETY CODE • SECTION 105200-105225 11/15/2004 DR VINCENT MARINKOVICH, ALLERGY.............................. page 7 3/2/2005 QUALIFIED MEDICAL EXAMINER DR NG................................page 7 footnote............................... # 4 4 MEDICAL & SURGERIES SACRAMENTO ENT 1/19/1999, 1/21/1999, 1/25/1999, 1/29/1999 ...........................................page 3 19
footnote............................... #7, #8 11/15/2004 DR VINCENT MARINKOVICH, ALLERGY AND IMMUNOLOGY ...........................................page 7 footnote .............................. # 4 3 3/2/2005 QUALIFIED MEDICAL EXAMINER DR NG................................page 7 footnote............................... # 4 4 2/3/1999 SACRAMENTO ENT HEALTH SOUTH SURGERY CENTER.......page 3 footnote............................... # 9 (RETURN TO WORK) footnote............................... # 1 0 3/2/2005 QUALIFIED MEDICAL EXAMINER DR NG................................page 7 footnote............................... # 4 4 9/12/2002 SACRAMENTO ENT HEALTH SOUTH SURGERY CENTER.... page 6 footnote............................... #30 2/3/2004 MAYO CLINIC, SCOTTSDALE AZ ...........................................page 7 footnote............................... # 3 6 11/16/2006 BAPTIST HEALTH SYSTEM, SAN ANTONIO TX....................page 7 footnote............................... #45 8/11/04 POSITIVE ENVIRONMENTAL IgG’s ...........................................page 7 footnote............................... # 4 2 11/15/2004 DR VINCENT MARINKOVICH, ALLERGY............ page 7 AND IMMUNOLOGY ...........................................footnote #43 10/18/03 HISTO YEAST FOUND IN DAVID BELL’s BLOOD................................page 6 footnote............................... # 3 3 11/15/2004 DR VINCENT MARINKOVICH, ALLERGY AND IMMUNOLOGY ...........................................page 7 footnote .............................. # 4 3 3/2/2005 QUALIFIED MEDICAL EXAMINER DR NG.......................page 7 footnote............................... # 4 4 AGRAQUEST’S CONCEALMENT OF FACTS UNITED STATES PATENT OFFICE UNITED STATES PATENT #6,004,774 (HISTOPLASMA)....... page 7 footnote .............................. # 3 4 United states Patent and Trademark Office PATENT ASSIGNMENT ABSTRACT OF TITLE........................ page 7 1/22/99=1/26/1999 AGRAQUEST SCIENTIST ASSIGNED INTEREST TO AGRITOPE footnote............................... #35 FIRST NAMED INVENTOR “PAM MARRONE”............................... footnote #35 IMMUNOSUPRESSION CVID ...........................................page 8 footnote............................... # 4 7 IMMUNOGLOBULIN INFUSIONS SUTTER INFUSION CENTER 2003, 2004, 2005............................... page 8 footnote............................... # 4 6 CONTINUING IMMUNOSUPRESSION ...........................................page 8 Dr. Bruce A Wood ...........................................footnote #48 Collection Date: 9/25/06 Collection Date: 11/10/2006 PHYSICIAN REPORTS 11/15/2004 DR VINCENT MARINKOVICH, ALLERGY.....................page 2 20
AND IMMUNOLOGY
...........................................footnote #43 footnote...............................# 4 4 3/2/2005 QUALIFIED MEDICAL EXAMINER DR NG.......................page 2 footnote............................... # 4 4 MISC EMPLOYEE PROPRIETARY INFORMATION INVENTIONS AGREEMENT 1/24/2000 LETTER FROM MORRISON & FOERSTER......................page 4,5 footnote............................... # 1 7 1/26/2000 Laura Hilbig- RE: EMPLOYEE PROPRIETARY INFORMATION page 5 INVENTIONS AGREEMENT footnote .............................. # 1 8 2/3/2000 DAVID BELL REPLY TO 1/24/2000 MORRISON & FOERSTER LETTER page 5 footnote .............................. # 1 9 ~END OF STROSKI; OCTOBER 1, 2007 TABLE OF CONTENTS~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NOTE: The VIDEO: “INJURED AGRAQUEST BIOTECH WORKER DAVID BELL TELLS HIS STORY”, Produced by Labor Video Project http://www.youtube.com/watch?v=QqZWhu9ANq8 VIDEO DESCRIPTION; Labor On The Job on 12/12/2008 interviews Agraquest biotech workers David Bell. Bell talks about his work at the Davis California based company owned by Pam Marrone and how the lack of proper health and safety protection led to his contamination and sickness. He also discusses how the company sought to coverup their responsibility for his illness and the corruption and breakdown of the workers compensation system along with the failure of health and safety regulatory agencies such as OSHA. For further information on his case go to http://www.biotechawareness.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ #3
Presented to the The California Department of Insurance, Workers’ Compensation Fraud Unit on June 17, 2009 CD and PRINTED DOCUMENTS: ENTIRE TRANSCRIPTION OF THE VIDEO (ONE HUNDRED FIVE (105) PAGES) : “INJURED AGRAQUEST BIOTECH WORKER DAVID BELL TELLS HIS STORY” (photo’s of acceptance on page 2 and page 11 above)
NOTE: The entire transcription of the video, “INJURED AGRAQUEST BIOTECH WORKER DAVID BELL TELLS HIS STORY” is One Hundred Five (105) pages and includes snapshots of the applicable documents throughout; supporting what 21
David Bell is saying in his interview. Following the “Injured Agraquest Biotech Worker David Bell Tells His Story “transcription are the TABLE OF CONTENTS pages giving reference to the location of the “snapshots” of evidentiary documentation (also given to the California Department of Insurance, Workers’ Compensation Fraud Commission on 6/17/2009) TRANSCRIPT OF THE INTERVIEW: “INJURED AGRAQUEST BIOTECH WORKER DAVID BELL TELLS HIS STORY” And Davis is a major area for biotechnology?
Steve Zeltzer:
David Bell:
Welcome to labor on the job, I’m the host, Steve Zeltzer.
In the Sacramento region yes, there’s like maybe Tonight we’re going to be looking at the condition of three biotech employers in Sacramento and the workers’ in the the biotech industry. This is a new industry remainder in Davis and Vacaville, for that area. that has... employs hundreds of thousand of workers in the United States and we’re going to be looking at what has Steve Zeltzer: happened to health and safety protection and oversight of So you heard about this job, you heard about it from the this industry and in particular the case of David Bell, who school? worked at the Agraquest company in Davis, California. David Bell:
Labor on the Job has covered other industries and the issue of health and safety protection for working people in these industries is of vital concern, but also the effect of biotechnology on the community at large.
No, actually I just started randomly faxing the top 20 biotech companies in my area with my resume, to you know, throw out some hooks and see if I could find a half way decent job to get my one year experience.
So, joining us this evening is David Bell. Welcome to the show David. Steve Zeltzer: So you got a call back? David Bell: Thank you Steve for having me. David Bell: Yeah, I got kinda lucky, they called me back, put me Steve Zeltzer: through an interview with about six of their So David, you were a science student and you were employees and I passed with flying colors. studying biotechnology and chemistry? Why don’t you talk about how you got into that field. Steve Zeltzer: What kind of questions did they ask you? David Bell: Into science? David Bell: It’s been a long time, to come up with those things. Well, originally I started off as a premed student, But it was the most extensive interviewing process biology... like a lot of people do and then just ended I’ve ever done. up a general science major with a chemistry minor. Steve Zeltzer:
Steve Zeltzer:
It was like, about science and...
And this was at Chico State?
David Bell:
David Bell:
About how I got along with the people, whether or not I was going to click with this environment people ... this culture of people.
I started at Chico and then later transferred to Sacramento State. Steve Zeltzer:
Steve Zeltzer:
And you were then looking for a job... you were close to graduation?
I see, I see... so you started working for this company. What was the culture like at this company, the biotech company.... startup?
David Bell:
Yeah [yes], I was about three courses away from graduating before I started looking for a standard one year laboratory job in the field, which is kinda what’s required to break into the industry, you generally need one years experience.
David Bell:
It was pretty good.... I mean we had a lot of college interns and a couple of high school students that worked there. A lot of us were younger. We all got in to it because we wanted to contribute to the green industry, to come up with natural, environmentally
Steve Zeltzer: 22
friendly products.... was the big hooks that got us Steve Zeltzer: into it because it was suppose to be sustainable So you began to work at this company and.... what exactly agriculture by using biopesticides instead of these did this company do? organic or... the chemical based stuff. David Bell:
Steve Zeltzer:
They would go and scour the world around and bring back dirt and rotting plants, decaying material, feces... you name it... anything and culture it at random, in petri dishes and then they would take the pure culture and run it through a screen to see if it might kill a plant... a plant pathogen or maybe a pest of plants... and then it if showed promise then it would further be made into more... more trials until finally they might consider registering it if it was really a promising candidate.
That has harmed a lot of people, chemical... David Bell:
Ultimately it looks like they have throughout the years. You know, a lot of people argue about whether it’s harmed people or not because there would be the benefit of having people with food on their table versus starvation... so it’s... it’s really hard to justify it one way or another.
*Evidentiary documentation; “table of contents” #1”; ARTICLE; HUNTING FOR MICROBES (page 4 of David Bell Transcript)
23
*Evidentiary documentation; “table of contents” #2” ARTICLE; AGRAQUEST GROWING IN OWN SUCCESS; AUGUST 11, 1997 (page 5 & 6 of David Bell Transcript)
’
G and propagate and actually grow on the plants. That’s how the inhibitory effect works. Steve Zeltzer:
Steve Zeltzer:
So these were living organisms that they were trying to get?
So it’s kinda exciting what you can discover.
David Bell:
David Bell:
Oh absolutely viable... yeah [yes]. That’s the whole thing.... is when you put a biological on a product you don’t really just spray the chemical of the biological... you expect the biological to be viable
It’s cutting edge, it’s definitely cutting edge. I mean you’re culturing and growing species of bacteria and fungi that maybe nobody’s ever catalogued before.
*Evidentiary documentation; “table of contents” #2” ARTICLE; AGRAQUEST GROWING IN OWN SUCCESS; AUGUST 11, 1997 (page 5 & 6 of David Bell Transcript)
Steve Zeltzer:
David Bell:
So did..... was there any concern about health and safety or some of these new pro..... fungus and bacteria that was being brought in that might be dangerous?
There was never any discussion of it..... they used biosafety level 2 containment hoods and that was for most of the transferring. 24
Lab safety.... there was minimal discussion. To be honest, I’m better protected when I mow my yard than I was when I worked in that laboratory.
Running around the hallways... past us, wearing nothing. Steve Zeltzer:
Really?
Steve Zeltzer:
Now, what kind of better protection are you talking about that would be important to have...
David Bell:
A-ha [yes].
David Bell:
Steve Zeltzer:
I have hay fever....
So were there any signs there of biohazards... or be careful or something like that?
Steve Zeltzer:
...for a biotech worker?
David Bell:
No, in fact I actually wanted to put some up at one point and I was told I couldn’t do it because the company president said it would be bad for the public tours of the laboratory.... it would... it would look bad to the investors.
David Bell:
I have hay fever so like when I mow my yard I wear a mask... I wear a standard respiratory dust mask just to keep the pollen out. We didn’t wear that in the laboratory. Steve Zeltzer:
Steve Zeltzer:
So there were no masks?
And who was the company president?
David Bell:
David Bell:
No.
Pam Marrone.
Steve Zeltzer:
Steve Zeltzer:
And these products were out there... or these organisms Pam Marrone. were just on the table or what ... how did they contain them? Now this Pam Marrone has been written about a lot, people David Bell: go to Google they’ll see that she’s a very entrepreneur leader in biotechnology and she likes to get products out One employee wore a mask, the rest of us didn’t. and that kind of thing. Where did she come from? Steve Zeltzer:
David Bell:
Who was that?
Pam apparently originally came back fro... came from back east with a degree in entomology and then somehow she just pops up in Davis, California. I don’t know entirely how she got there.
David Bell:
Brian Campbell.. one of the coworkers that worked in the formulation laboratory. Steve Zeltzer:
Steve Zeltzer:
Was it his own mask or was the company providing him But before that she worked for Monsanto? that mask? David Bell:
David Bell:
Ahem [yes]. Somehow, he had a HEPA mask...... one of the full Steve Zeltzer: ones with the two things on the end. And what did she do at Monsanto?
Steve Zeltzer:
So he was wearing this big mask.
David Bell:
I would have no clue.
David Bell:
The only guy in the company wearing a mask.
Steve Zeltzer:
Okay. Because I think.... I’ve done some research on this and she was in charge of their genetic engineering for organic pesticides.....
Steve Zeltzer:
A HEPA mask and no one else was? David Bell:
25
*Evidentiary documentation; “table of contents” #3” FIFTY LES5ONS Ltd. (internet) Pam Marrone (page 9 of David Bell Transcript)
So in other words, they would genetic modify different organisms, living organisms that you got... that were gotten around the world.... fungus and pes... and bacteria to kill insects, is that the idea?
David Bell:
Oh... did she? Steve Zeltzer:
And that’s exactly what I think this company Agraquest was doing.
David Bell:
Well, NovoNordisk-Entotech was doing the genetic modification. You know, I think the idea behind Agraquest was to actually find a species that had more of the concentrated quantity of the active ingredient that you were looking for... that was naturally bred, However, I really don’t know what Pam had in that laboratory to be honest... I’m a bit... kinda wondering myself.
David Bell:
Well, she ended up I know after..... before she started Agraquest she was working over at NovoNordisk-Entotech and that was definitely one of the things that they were doing through patent searches also was genetically modified organisms. Steve Zeltzer:
*Evidentiary documentation; “table of contents” #4” BOARD OF PATENT APPEALS AND 26
INTERFERENCES, PATENT AND TRADEMARK OFFICE #1 EX PARTE MARK G (page 11 of David Bell Transcript)
27
*Evidentiary documentation; “table of contents” #5” PATENT WO 95/02695 (page 12 of David Bell Transcript)
28
Steve Zeltzer:
And you began.... became kind of concerned that things Steve Zeltzer: So they want to protect our agriculture industry and also, I were being brought in improperly at some point? mean who knows what’s in it... it could affect people or David Bell: harm people? Yeah [yes], I did question them one time when I saw David Bell: them bring a suitcase from, I believe a flight in Well absolutely, I mean.... it’s the same reason why Chile or Mexico, I definitely questioned that. when you come into California from other states Steve Zeltzer: why you go through quarantine zones and there’s agriculture inspection stations looking for Why did you question that? Mediterranean fruit fly or the apple maggot or any David Bell: you know... any back yard produce that wasn’t Because I’m not used to watching somebody professionally grown and they’ll absolutely unpack their luggage and they just pull a giant bag confiscate it at the airports or at the checkpoints of dirt in a cellophane bag out of there.... that’s coming in and they’ll... they’ll burn it.... it will be pretty unusual for luggage. incinerated for the protection of the California agriculture industry. Steve Zeltzer: And you don’t know where that dirt came from or...? Steve Zeltzer: So this actually.... this activity that you saw at Agraquest David Bell: was, in your mind illegal and very concerned you... or very It came from the trip.... the international trip. concerning to you? Steve Zeltzer:
David Bell:
I see.... so somebody had brought in dirt....
Well, at the time I saw it... observed it, I was an employee and I naturally assumed that there would be a permit... that the company would’ve gone through the proper paperwork and proceedings to actually bring this thing in, and given the amount of times that they have done it, and repeatedly done it... one would naturally assume that it was completely above board and on the level.
David Bell:
Oh absolutely... Steve Zeltzer:
... from a trip? David Bell:
...and then I questioned them and when I asked them about that they started laughing and told me Steve Zeltzer: You thought this company was above board company and they do it all the time. doing things properly....
Steve Zeltzer:
David Bell:
So is this illegal.... illegally... can you bring in dirt from other countries?
Ahem [yes]. Steve Zeltzer:
David Bell:
Absolutely illegal unless you have the importation ...when you worked there? permit.... David Bell: Absolutely I thought they were. Steve Zeltzer: And why is that? Steve Zeltzer: Now,.... so you began to raise some health and safety David Bell: concerns? Did you ever go to OSHA or health and safety ... because it’s considered smuggling. about some of these things? California is very protective of the crops and we’re David Bell: very specific about people bringing in a foreign When I was working there I never went to OSHA.... pathogen that might destroy.... for instance, the a couple of years after being sick from working entire grape crop or the orange crop which could there I finally broke down and called OSHA cost California billions of dollars in industry and because I was extremely suspicious. receipts.
29
*Evidentiary documentation; “table of contents” #6” 8/13/2002 CAL/OSHA RESPONSE TO DAVID BELL’S 2002 TELEPHONE COMPLAINT (page 15 of David Bell Transcript)
30
*Evidentiary documentation; “table of contents” #7” 8/22/2002 AGRAQUEST RESPONSE LETTER TO OSHA PER BELL’S 2002 TELEPHONE COMPLAINT (page 16 and 17 of David Bell Transcript)
document continued next page
31
32
*Evidentiary documentation; “table of contents” #8” 8/12/2002 E-MAIL FROM DAVE WARD INFORMING AGRAQUEST THEY HAVE EARNED A 74% EXPERIENCE MODIFICATION FOR “JOB WELL DONE” (page 18 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #9” 8/22/2002 WORKERS COMPENSATION INSURANCE RATING ; BUREAU OF CALIFORNIA EXPERIENCE RATING FORM (page 18 of David Bell Transcript)
33
*Evidentiary documentation; “table of contents” #10” 3/12/2003 BELL WRITTEN COMPLAINT LETTER TO OSHA (page 19 of David Bell Transcript)
34
*Evidentiary documentation; “table of contents” #11” NO DATE LETTER TO BELL FROM OSHA (page 20 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #12” 7/9/2003 OSHA CITATION AND NOTIFICATION OF PENALTY (page 20 of David Bell Transcript)
35
Steve Zeltzer:
David Bell:
And you... people were... in these... in these rooms with this First got ill in January of 1999. bacteria and fungus and were there any incidences where Steve Zeltzer: people got sick? Hmmm, and what were the symptoms? David Bell:
David Bell:
Well, the week I got ill I was told that about fifteen or so other workers also got ill that week too. See, I got ill and ended up going out for five weeks between the surgery the and recovery period.
It was horrible. I was at work and it was like a Monday or Tuesday and this... this purulent pus just kept coming out [nose] and the more I blew it out the more it would keep producing. I literally could not blow it out fast enough. So, come around noon at that point I checked out of work, told them I was sick and I went straight to a doctor.
Steve Zeltzer:
What year was this?
*Evidentiary documentation; “table of contents” #13” 1/18/1999 BELL IMMEDIATE CARE MEDICAL CLINIC (page 21 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #13A” 1/18/1999 BLUE CROSS BILLED $70.00; IMMEDIATE CARE MEDICAL CLINIC (page 21A of David Bell Transcript) document next page
36
(page 21A of David Bell Transcript) *Evidentiary documentation; “table of contents” #14” 1/18/1999 RITE AID PHARMACY ZITHROMAX (page 22 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #15” 1/21/1999 SACRAMENTO EAR, NOSE AND THROAT; (page 22 of David Bell Transcript) document next page
37
*Evidentiary documentation; “table of contents” #16” 1/21/1999 BLUE CROSS BILLED $275.00; SACRAMENTO EAR, NOSE AND THROAT ............(page 23 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #17” 1/22/1999 SACRAMENTO EAR, NOSE AND THROAT; SUTTER MEDICAL GROUP SUBPOENAED CHART PAGE 14 ............(page 23 of David Bell Transcript) document next page
38
*Evidentiary documentation; “table of contents” #18” 1/22/1999 BLUE CROSS BILLED $268.00;; RADIOLOGICAL ASSOCIATES; ............(page 24 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #19” 1/22/1999 SACRAMENTO EAR, NOSE AND THROAT; APPELBLATT SUBPOENAED CHART PAGE 10 ............(page 24 of David Bell Transcript) document next page
39
*Evidentiary documentation; “table of contents” #20” 1/22/1999 RITE AID PHARMACY; PREDNISONE (page 25 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #21” 1/22/1999 RITE AID PHARMACY; LEVAQUIN (page 25 of David Bell Transcript)
40
*Evidentiary documentation; “table of contents” #22” 1/25/1999 SACRAMENTO EAR, NOSE AND THROAT; APPELBLATT CHART PAGE 9 & 10 (page 26 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #23” 1/25/1999 SACRAMENTO EAR NOSE AND THROAT; APPELBLATT CHART SURGERY SCHEDULED (page 26 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #24” 1/25/1999; RITE AID PHARMACY’ WELLBUTRIN (page 27 of David Bell Transcript) document next page
41
*Evidentiary documentation; “table of contents” #25” 1/25/1999 BLUE CROSS BILLED; $275.00 SACRAMENTO EAR, NOSE AND THROAT (page 28 of David Bell Transcript)
42
*Evidentiary documentation; “table of contents” #26” 1/25/1999 RITE AID PHARMACY; HYDROCODONE (page 28 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #27” 1/29/1999 BLUE CROSS BILLED; $162.25 BIO CHYPHER LABS LIMITED (page 29 of David Bell Transcript)
I went to a little like triage, doc-in-the-box thing. So I went to doc-in-the-box first. And then I ended up with the real ear, nose and throat doctor come Friday of that week.
Steve Zeltzer:
And what did the Doctor say? David Bell:
Doctor said I needed to immediately see an ear, nose Steve Zeltzer: and throat specialist and put me on an antibiotic. And were you off work?
Steve Zeltzer:
David Bell:
And you went to the hospital?
Oh yeah [yes] , absolutely. There’s no way to go back the symptoms were getting worse.
David Bell: 43
Finally the purulent drainage went into a fever, body aches, chills and this whole side of my face [left] was numb... from the lower eyelid to the top lip.... you couldn’t feel it... it....
been my employer and I didn’t have any proof so I wanted to know what we were treating and cutting out of me. Steve Zeltzer:
So you just wanted a record, what it was and also to find out what... what was in your body?
Steve Zeltzer:
So you had a serious infection then? David Bell:
David Bell:
Yeah [yes].... yeah [yes], I’ve been told by three physicians that I would have died had I have not have sought immediate medical care.
Give... being that I was a bio major I wanted not just a record, I wanted them to culture it and run it through an antibody susceptibility testing so they could actually prescribe an antibiotic, be it IV or oral that was actually going to kill this thing..... instead of just randomly doing the shotgun approach where they just pick a broad-spectrum antibiotic and say let’s get rid of it.
They actually told me I was lucky because I was a biology major, that was the only thing that saved my life. They told me most people would have gone to sleep and had never woke up. Steve Zeltzer:
Steve Zeltzer:
I see. So what... what was it that you had?
So the medical treatment had problems with it because they didn’t do the culture?
David Bell:
That’s a really good question. To this date I still do not know.
David Bell:
Absolutely.
Steve Zeltzer:
Steve Zeltzer:
So you... but you had a very serious infection inside your body?
And who was the doctor who refused to do the culture? David Bell:
David Bell:
Well no she didn’t refuse.... later, before she did another surgery I asked her about that first one and she told me she had forgotten
Ahem [yes], I asked the physician to culture it upon surgery and told her that it very well could have
*Evidentiary documentation; “table of contents” #28” 2/3/1999 APPELBLATT SURGERY REPORT (page 31 of David Bell Transcript)
44
*Evidentiary documentation; “table of contents” #29” 2/3/1999 WAL MART PHARMACY; OMNICEF (page 31 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #30” 2/3/1999 RITE AID PHARMACY; PROPOXY (page 32 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #31” 2/3/1999 WAL MART PHARMACY; DELTASONE (page 32 of David Bell Transcript)
45
*Evidentiary documentation; “table of contents” #32” 2/3/1999 BLUE CROSS BILLED $11,208.60 SACRAMENTO EAR, NOSE AND THROAT (page 33 of David Bell Transcript)
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*Evidentiary documentation; “table of contents” #33” 2/3/1999 BLUE CROSS BILLED; $900.00 SACRAMENTO EAR, NOSE AND THROAT (page 34 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #34” 2/3/1999 BLUE CROSS BILLED; $7,680.00 HEALTHSOUTH SURGERY CENTER (page 34 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #35” 2/3/1999 BLUE CROSS BILLED; $715.00 CENTRAL ANESTHESIA SERVICES (page 35 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents” #36” 2/3/1999 BLUE CROSS BILLED; $375.00 OUTPATIENT PATHOLOGY ASSOCIATES (page 35 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #36A” 2/18/1999 BLUE CROSS BILLED; $475.00 SACRAMENTO EAR, NOSE AND THROAT (page 35A of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents” #37” 2/19/1999 RITE AID PHARMACY; HYDROCODONE (page 36 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #38” 3/3/1999 SACRAMENTO EAR, NOSE AND THROAT CHART NOTE (page 36 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents” #39” 3/3/1999 BLUE CROSS BILLED $475.00 SACRAMENTO EAR. NOSE AND THROAT (page 36 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #40” 5/8/1999 SACRAMENTO EAR, NOSE AND THROAT NO ENTRY BUT BILLED (page 37 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #41” 5/8/1999 BLUE CROSS BILLED $475.00; SACRAMENTO EAR, NOSE AND THROAT (page 37 of David Bell Transcript) document next page
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Steve Zeltzer:
David Bell:
And what system was this... what health system was this?
Sutter Healthcare Appelblatt.
system...
Doctor
*Evidentiary documentation; “table of contents” #42” SUTTER HEALTH APPELBLATT (page 38 of David Bell Transcript)
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Nancy
*Evidentiary documentation; “table of contents” #43” FIFTY LES5ONS PAM MARRONE; http://www.50lessons.com/executives/Pamela_Marrone (page 39 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #44” SUTTER HEALTH; GOVERNING BOARDS OF DIRECTORS; Sutter Health Sacramento Sierra Region http://www2.altabates.com/annualreport_2006/html/fam/gov_boardofdirectors.html (page 40 of David Bell Transcript)
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*Evidentiary documentation; “table of contents” #44A” CORNELL UNIVERSITY INTERVIEW WITH PAM MARRONE (page 40A of David Bell Transcript) [THIS WAS *INADVERTENTLY LEFT OUT OF THE pdf OF THE DAVID BELL TRANSCRIPT]
*Evidentiary documentation; “table of contents” #45” SUTTER HEALTH; OUR FAMILY; PHILANTHROPIC FOUNDATIONS (page 41 of David Bell Transcript)
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*Evidentiary documentation; “table of contents” #46” UNIVERSITY OF CALIFORNIA - DAVIS; GRADUATE SCHOOL OF MANAGEMENT MICHAEL (MICK) J. ROGERS - UCD DAVIS EDUCATION ; ALUMNI ASSOCIATION, CLASS NOTES - 1993 (page 42 of David Bell Transcript)
were told cut and dry that this stuff is extremely dangerous. And we were told that no way should we ever really be concerned about it because if something unusual happened, like the instance that happened with me.... that the doctors would call the CDC and the CDC would take over and they would culture it and they would find out what it was and actually eliminate it and save the workers life. Somehow, my thing just kinda fell through the cracks and..... literally damn near died from it.
Steve Zeltzer:
So she said she forgot to do a culture even though you had asked her to do the culture and even though this had something to do with something in your body? David Bell:
Even though she knew it was potentially a workers’ compensation issue and was heading in that direction. Steve Zeltzer:
Do you think that’s maybe why maybe she didn’t want to Steve Zeltzer: do a culture? And the CDC is the Center For Disease Control? David Bell:
David Bell:
You know it’s an interesting question.
Ahem [yes]
The fact that Pam Marrone would’ve known Nancy Appelblatt from the Sacramento Valley Women’s Chamber of Commerce and also the fact that Pam Marrone sits on the board of that hospital system.
Steve Zeltzer:
Now, what would’ve happened if they’d done a culture and found out that indeed some of this fungus or material... bacteria was in your body? What would’ve been the effect?
Steve Zeltzer:
The Sutter Hospital system in that region?
David Bell:
I think the most immediate effect would’ve been that I probably would’ve had absolute recovery.... because they would have known what it was and it could’ve been treated. So I would’ve gotten better.... I don’t think things would’ve dragged on for six, seven - eight years as it had been with repeat surgeries. I think that had they had done the proper thing in the first place that I would have had one surgery, one antibiotic... probably an IV and that would have been it.
David Bell:
Yeah [yes] , it’s... it’s a very interesting question. Steve Zeltzer:
That’s quit a freighting thing. that your life and what’s inside your body is being.... they’re not really looking to find out what the causes are because they want to possibly contain their liability in workers’ comp. David Bell:
Well that would be really disgusting because when I took microbiology classes at Sacramento State... we Steve Zeltzer: 54
And how many surgeries did you have?
antibiotics, three or four anti-fungals... over two.. two years of IV IG blood infusions. I’ve been through horrific things.
David Bell:
I’ve had four surgeries and at least thirty or forty
*Evidentiary documentation; “table of contents” #47” BELL PRESCRIPTIONS FROM 1999 - 2005 (page 44 & 45 of David Bell Transcript) “2 page” document starts next page
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prescriptions continued next page
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Steve Zeltzer:
David Bell:
So you were in the hospital, this was your first hospital visit and then you went back to work?
No... no, the original physician told me I could 57
probably go back to work within two weeks. I called my supervisor and told her that I didn’t think that it was really wise me coming back in to an
unknown pathogen laboratory once my head had just been scraped out like a cantaloupe. They agreed. And so I stayed away for over four weeks.
*Evidentiary documentation; “table of contents” #48” 2/12/2002 FAX LETTER FROM SACRAMENTO ENT; CAN RETURN TO WORK ............(page 47 of David Bell Transcript)
*Evidentiary documentation; “table of contents” #49” 2/12/2002 FAX COVER; CAN RETURN TO WORK (page 48 of David Bell Transcript) document next page
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lock the lab because everybody called in sick. It was just... kinda clueless when I show back up there.... I get back there and they say, wow I guess everybody must have had the flu Dave. Ok the flu, ah... that kind of explains it.... normally it doesn’t hit 100% of one whole demographics, but ok... the flu.... maybe?
Steve Zeltzer:
And then what happened? David Bell:
Went back to work. Went absolutely back to work. Steve Zeltzer:
And how were you treated when you went back to work? Was there special treatment....? Steve Zeltzer: So, was this reported to OSHA or reported to the David Bell: Oh! I got a card and a beautiful Japanese flower government that every... that they had been a sick situation arrangement and.... nobody told me everybody got which people got sick in mass at the laboratory? sick while I was gone. Nobody told me they had to 59
there. What were... what happened while you were working No, in fact the physician never reported it to there? anybody which was actually an illegal act. She was David Bell: required by law to report it... as soon as I told her it While I was working there we moved into another was even a possibility, she was required by law to facility. We moved from the first laboratory into the report it. second laboratory which was... the second Steve Zeltzer: laboratory was actually constructed, mostly for containment in a biology laboratory. It was a much So she ignored the rules and the law? better design for a building and for safety with David Bell: double door protection and stuff like that. Ahem [yes], which is pretty standard apparently, I understand from physicians in workers’ Steve Zeltzer: compensation. When you go in to a doctor they So the first laboratory was in a residential neighborhood? want to know who they can bill and if they find out David Bell: it’s a worker compensation case.... or potentially, Yeah [yes], the first laboratory was in a residential they think that they might not get paid for their neighborhood, it was more like a converted doctor’s services for three... five years if they ever get paid at office or a chemical laboratory, like a chemistry all. So the physicians are in to getting their class laboratory. A biological laboratory and a paychecks so they’ll... they’ll set it off on to private chemistry laboratory are two entirely different insurance as quick as they can and try to steer it beasts. away from the workers comp system entirely. Had an autoclave, had a break room right next to the Steve Zeltzer: autoclave room. We could never use the break So, you discovered that there’d been a large number of room... we were never really allowed to use the people getting sick when you were gone and.... how did you break room because the founder, Pamela was always find that out? having tours in there. David Bell:
David Bell:
So, another thing is we had was we had tea time in the laboratory, everyday. We have a hot pathogen laboratory and we have condoned food and drink.... required of employees to even contribute money for it. Right there in the lab sink.
Later in the year I had a discussion with the receptionist.... and she’s the only one who took the phone calls from all the sick people, so she’s the only one who actually knew. Steve Zeltzer:
Steve Zeltzer:
And she told you this?
And you also discovered that children of employees were coming in to this laboratory as well?
David Bell:
FYI David, everybody got sick, I had to lock the lab.
David Bell:
Oh yeah [yes]... yeah [yes]. On weekends and stuff some people would come to work... employee... family members of Agraquest employees.... high school students.
Steve Zeltzer:
So, you went back to work and you found out that this incident had taken place.... and then you continued working
*Evidentiary documentation; “table of contents” #50” ARTICLE: DAUGHTERS SEE THE WORKING WORLD; 4/28/2000 DAVIS ENTERPRISE ............(page 51 of David Bell Transcript) document next page
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We had a high school dishwasher. Later I learned that no high school students are allowed in this kind of laboratory. This kind of laboratory is suppose to have locked access, double door, sign a log when you walk in to it.... which is completely different from what we.. what we had. I mean... anybody could walk in the laboratory, there were tours daily and we had high school students running around.
David Bell:
Not at all.... not at all. But there not stringent regulations... when you track down the BLMB as it’s called, most of these regulations are actually worded as recommendations. It’s interesting.... but the wording is recommended. Steve Zeltzer:
So they’re not really requirements?
Steve Zeltzer:
David Bell:
So the stringent regulations were not being enforced in this startup?
No Steve Zeltzer: 61
When dealing with this kind of sub... of material.
Appelblatt.
Now, so you went back to work and then what happened Steve Zeltzer: you were taking stuff out, barrels of this stuff and..... Appelblatt. And is she still with the Sutter chain? David Bell:
David Bell:
I was still pretty ill when I went back to work, I was Oh... my guess is she’s still with Sacramento Ear, still vomiting almost daily and every time I would Nose and Throat. kinda bend part-way over liquid would just start Steve Zeltzer: running out of my nose. I see. So that seems a very serious concern that she would Steve Zeltzer: send you back to a biotech laboratory knowing that you had So you were still sick? still serious symptoms that were causing you problems. David Bell:
David Bell:
Absolutely... absolutely, but, I was told I could go back to work so I tried to go back to work... you know and...
True, however Dr. Appelblatt just also told me that she just saved my life. So even though the physician sends you back to work, are you going to doubt the physician when they just told you they saved your life?... So, at this point I have absolute trust and faith in this doctor because surely she’s the one who just saved my life.
Steve Zeltzer:
And this was still not a workers’ comp case? David Bell:
No, no. If I would’ve known a respirator was required for the job or even necessary then I could have told my physician that. And my physician would have immediately said, well you just had your septum fixed and your nose scooped out. When I went back to work I couldn’t even wear a mask on my face. If I had to I couldn’t have worn one. There was no way because of the pressure on the bridge of my nose, it would’ve hurt like hell.
Steve Zeltzer:
She told you you would’ve died unless they’d gotten you in there? David Bell:
Yeah [yes], which was later confirmed by several other physicians also. Steve Zeltzer:
So you went back to work and where were they taking some of this toxin.... toxic material... you were being told to dump it places?
Steve Zeltzer:
So the doctor sent you back to work? David Bell:
David Bell:
Yeah [yes].
Oh... occasionally things would get dumped out back of the building... big drums, old fermentation runs, stuff that’s too big to fit in the autoclave ...we’ve got to get rid of it somewhere. So if you can’t....
Steve Zeltzer:
Knowing that you worked in a biotech laboratory? David Bell:
Absolutely.
Steve Zeltzer:
So by fermentation runs you mean these barrels had things that were growing inside them?
Steve Zeltzer:
And what doctor was this?
David Bell:
David Bell:
Ahem, Yeah [yes]. In nutrient broth...... yeah [yes].
*Evidentiary documentation; “table of contents” #51” ARTICLE: AG AND INDUSTRIAL COMPANIES HAVE QUIETLY FLOURISHED, 5/15/1999 ............(page 54 of David Bell Transcript) document next page
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Steve Zeltzer:
Steve Zeltzer:
In nutrient broth..... so what was growing inside them?
And so these barrels... you were asked to take them and dump them where?
David Bell:
David Bell: The biopesticide industry is very much like the beer industry.... ok. We get the stuff and we have it in a Behind the building. petri dish and it’s in this pure form and then we do what’s a shake flask scale-up to where it moves and Steve Zeltzer: it slowly goes up in volume 'til it gets to big What was behind the building? fermentors. Very much like you make beer. It’s David Bell: fermented product. So, if you’re going to think of A little space before you got to the next offices... in beer that’s what we would call the fermentation run. a concrete culvert.
*Evidentiary documentation; “table of contents” #52” PICTURES OF “DRAIN” (page 55 of David Bell Transcript) document next page
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for the bleach?
Steve Zeltzer:
So it was just ground..... or cement?
David Bell:
Aha [yes]... ten percent bleach will kill virtually everything. At the end of the concrete.... yeah [yes]... yeah [yes]. Steve Zeltzer: I was told to pour bleach in there first, so I poured a Is this in the rules of the biotech industry... or the EPA? lot of bleach in it, two and a half gallons of bleach. You dump it in your backyard and put in some bleach? David Bell:
Steve Zeltzer:
David Bell:
So you poured bleach... I guess this was to secure that it would kill what was in there . Is that the bleach... the reason
When your cutting edge you gotta do what you gotta do. 64
timed within seven days of me ended up at the hospital at the first time. I don’t know if that barrel caused it, I don’t know know if it was something else in the laboratory. Opening up that barrel was a coincidence of when everybody got ill.
Steve Zeltzer:
By cutting edge, what does that mean? You’re a startup and don’t have a lot of money is that what it means or.....? David Bell:
They had quite a bit of money, they did have plenty Steve Zeltzer: of investors, there was no shortage of investors. Not just yourself, but other people got ill. David Bell: You’re breaking new ground. What are you going to do with something when you have to reuse the The whole lab got ill that week. barrel? You gotta kill what’s inside... what you Steve Zeltzer: know will kill it is usually bleach. When that barrel was opened up. Steve Zeltzer:
David Bell:
I see, so that’s usually a pretty sure thing as far as putting bleach in, it will kill microorganisms.
Yeah. Steve Zeltzer:
David Bell:
So there may have been something in that barrel that contaminated not just you but everyone there.
Aha [yes], well it’s cheaper than ethanol, cuz you can put ethanol in it too.
David Bell:
Steve Zeltzer:
It could’ve been, very possible and the barrel was labeled Germany?
I see, but that would cost more money? David Bell:
Steve Zeltzer:
Right.
It was labeled Germany?
Steve Zeltzer:
David Bell:
I see.
Ahem [yes].
So you were asked to take these barrels down and then what happened? Did you get sick from taking any of these barrels out and dumping them?
I think it was AQ 153 which would be the one hundred and fifty third candidate that they had because that’s how all the experimental runs are labeled.
David Bell:
That’s an interesting question because that’s all
65
*Evidentiary documentation; “table of contents #53” UNITED STATES PATENT 5,753,222 *Evidentiary documentation; “table of contents #54” UNITED STATES PATENT 6,004,774 (page 59 of David Bell Transcript)
United States Patent #6,004,774 next page
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*Evidentiary documentation; “table of contents #55” HISTO [yeast] (Histoplasma) IN BELL’S BLOOD BY THE MAYO CLINIC, SCOTTSDALE ARIZONA (page 60 of David Bell Transcript) document next page
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I see.
Steve Zeltzer:
And what did that mean?
So people got sick... so you went back to work and what happened when you went back to work?
David Bell:
It just meant it was one of the first things they ever tried to grow.
David Bell:
Well, they moved into the second facility which was a bit of a problem because since OSHA was never called in to inspect the first facility, now we’re in the second, beautifully designed facility. So....
Steve Zeltzer:
I see. David Bell:
153. Right there in the beginning.
Steve Zeltzer:
So they put some money in to this... and designed the
Steve Zeltzer: 68
facility for a biotech plant.
David Bell:
...well, hopefully perfect.
David Bell:
True, but now we’re not at the scene of the crime Steve Zeltzer: anymore ... we’re in the new building where every And what happens there? thing’s perfect..... David Bell:
Steve Zeltzer:
What happens there is apparently you lay off an employee, give him a months severance pay of $1,441.00 and then later say you fired the guy.
I see.
*Evidentiary documentation; “table of contents #56” 6/10/1999 WAGE INFO FOR BELL (page 62 of David Bell Transcript)
69
Severance pay.
Steve Zeltzer:
So you got laid off there?
Steve Zeltzer:
Severance
David Bell:
Well, laid off and later told I was fired.
David Bell:
Which would be standard when you’re laid off, to give someone severance pay is perfectly normal when they’re laid off, I would’ve thought nothing of it.
Steve Zeltzer:
Is this while you were sick? David Bell:
Oh yeah [yes], I was still throwing up daily.
Steve Zeltzer:
Steve Zeltzer:
And what did they say to you?
Did they know that?
David Bell:
David Bell:
Good luck finding another job.
Aha [yes]
Steve Zeltzer:
Steve Zeltzer:
I see. So did they say what the reason was you were being laid off?
Pam Marrone personally knew that? David Bell:
David Bell:
I told my supervisor I was still throwing up. Next thing you know I was laid off next week.
They said my position had ended because it had lost funding.
Steve Zeltzer:
Steve Zeltzer:
So you were still sick, you were throwing up, you told your I see, so your position lost funding so they were laying you supervisor you were sick and then you got laid off and.... off? David Bell:
David Bell:
Ahem [yes]
Which didn’t really raise a red flag in my mind because I was hired for a six to a twelve month duration any ways. So that fit right in the ten month window, a month severance pay.. it made sense to me.
Steve Zeltzer:
.... they gave you Fourteen Hundred and forty dollars severance.... David Bell:
*Evidentiary documentation; “table of contents #57” 7/30/1998 LETTER OF JOB OFFER (page 65 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #58” 4/27/1999 LETTER OF RECOMMENDATION (page 66 of David Bell Transcript) document next page
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So you were seriously ill.
Steve Zeltzer:
So you were going to be on your way, except you were still sick.
David Bell:
Aha [yes]
David Bell:
Steve Zeltzer:
Oh, I was absolutely still sick.
But you really didn’t believe it was because of what had Got another job but I had to quit that because I was happened at the company at that point. throwing up on my way to that job everyday. Every David Bell: day on the way from Sacramento to Fairfield I’m Well, I had no proof. pulling over twice on the side of the road to puke in both directions.... not fun. They told me that everything I worked with there was benign... couldn’t harm a fly. You know, these Steve Zeltzer: 72
guys are PhD’s, I’m working on a Bachelor’s degree at that point, before I got it. You gotta trust someone, so you trust the masters and the PhD’s. So you would think the PhD’s could be honest and they’re ethical and would actually lay it all on the line and level with you and be honest.
David Bell:
Her name is Laura Cunningham-Hilbig. She works over at Bayer in Berkley now. Apparently she’s got three or four of the Agraquest employees over there. She won’t let me talk to any of them on the phone, I’ve tried.
Steve Zeltzer:
So these scientists told you don’t worry you’re not sick Steve Zeltzer: because of working here. I see. So they basically tried to say what you had, even though you were throwing up and seriously ill, had nothing David Bell: Oh yeah [yes], they told me that it... again, it was to do with working at this biotech company? benign and it couldn’t hurt a fly is what my David Bell: supervisor told me. Yeah [yes], it turned out to be a cover-up. Steve Zeltzer:
Later that year I requested a copy of my employee file .
And who was that?
*Evidentiary documentation; “table of contents #59” 2/3/2000 BELL LETTER TO RUSSELL, page 1 (page 68 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #60” 2/3/2000 RE: BELL FAX COVER PAGE FROM RUSSELL TO AGRAQUEST (page 69 of David Bell Transcript)
Steve Zeltzer: Ahem.
David Bell:
Finally.
David Bell:
Steve Zeltzer:
That turned into a fiasco, I finally got a copy of my When did you file that? employee file more than four years later after I David Bell: subpoenaed it. [A]bout three.... four years later after I discovered a Steve Zeltzer: research article about one of the company’s main So you had to go to a lawyer? species.... only the article wasn’t recent, it started in 1969 and it was listed under the heading of, Papers David Bell: That Have Changed Occupational Medicine and it The worker comp lawyer got it. It took a court happened to be reprinted, in 2002 I believe it was. subpoena to get a file that I’m supposed to be able to just request via mail, which I did, offered Steve Zeltzer: to pay copying costs, delivery cost... never heard a And you read this article, and what shocked you about this word from them... they never delivered it. article? Steve Zeltzer:
David Bell:
So you filed a workers’ comp complaint.
It told me of factory worker’s that were working 75
around bacillus subtilis, that they had gotten near the Oh... I literally felt like a horses ass... to be honest. exhaust ports.... or other people that were in adjoining buildings, and they were having sever Steve Zeltzer: asthma, nasal polyps.... symptoms quite similar to Well, you believed in them.. and you trusted them. what happened to me at Agraquest. David Bell: Until the minute I read that article ... and then I Steve Zeltzer: started researching this article and I’ve come up And it clicked. with a hundred other references that were after 1969, David Bell: that all went then.... and quoted this person again. It clicked that I had just been completely deceived. So basically the subtilis... the bacillus subtilis Steve Zeltzer: produces an enzyme, some protolytic enzyme, it’s called subtilisn, and there’s about 18 of them that You’d been lied to? are known to man and they cause severe allergic David Bell: reaction. Flindt quoted it as being a potent allergen.
*Evidentiary documentation; “table of contents #61” 3/2/2005 DR NG PAGE 23 (page 71 of David Bell Transcript) document next page
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77
*Evidentiary documentation; “table of contents" #62” 3/2/2005 DR NG PAGE 24 (page 72 of David Bell Transcript)
And what products does this company have, Agraquest that So these were dangerous, toxic substances for human go to the public? beings..... that you had to be careful about? David Bell: Steve Zeltzer:
Well, I believe there’s Serenade which is a bacillus subtilis, and then there’s a Rhapsody which again’s a bacillus subtilis... and I’m not to sure if that’s mixed in with bacillus thuringiensis. And then the third product was called Lagenidium Giganteum, or Laginex AS which was my primary product.... and apparently they pulled that off the market.
David Bell:
Well, it’s on the toxic substance control act.... this one was listed as an allergen, but then once I found out about this one, which was the company’s main product was bacillus subtilis, and I figured you know, if they lied to me about this, then what else have they lied about at this point.
Steve Zeltzer:
David Bell: Steve Zeltzer:
And these products were sold where... at WalMarts or hardware stores or... where are these products sold? 78
their things regulated. Serenade actually ended up being shelved at WalMart..... eventually. Steve Zeltzer: So this... incestuous relationship between employees at Steve Zeltzer: Agraquest and government agencies like the Department of But they’re widely dispersed? Pesticide... do you think this affected the lack of regulation of Agraquest and other similar kind of biotech companies? David Bell: Oh, it’s worldwide. David Bell: When you have somebody in the regulatory agency Steve Zeltzer: and they’re actually working in the registration It’s Worldwide. department for new applications.... yeah [yes], I think there’s going to be a severe conflict of interest And so you filed a workers’ comp complaint and you get a because the companies are getting inside run around by the company on getting your paperwork. information as to what the government agencies are David Bell: up to and even potentially what their competitors are Yeah [yes] I filed a comp complaint I called every up to.... that they have submitted to the government government and state agency I could find at the time, agency also . lodged complaints with them also. Steve Zeltzer:
Steve Zeltzer:
And Pam Marrone is very well known, she’s kinda a celebrity figure in the biotech industry as an innovator and she brings... markets new products... you initially, when David Bell: you started working there thought she was doing great Well, it started with Cal/OSHA and then we went to work and it was an exciting place to work. What did you the USDA, and then went to APHIS, and then went come to see about Pam Marrone? to the Office of Spill Prevention and Response. I’m sure there’s a couple of others, but virtually David Bell: everyone I could call. She’s dishonest. She’s an... is an extremely dishonest individual that apparently is not concerned Steve Zeltzer: for employees. So if your not concerned for your So these are Federal and state and local... there’s a employees then how can you claim that you’re Department of Pesticides... did you contact them? concerned about the world, or the environment, or anything, you know. If your house isn’t in order David Bell: .... The Department of Pesticide Regulation is almost pointless to contact because company employees Steve Zeltzer: work there. So she had kind of a double standard then what you’re saying. On the one hand she talked about helping people Steve Zeltzer: and using organic pesticides to help people, but in reality in Is that legal? your experience, it was quite a different story. Who’d you file complaints with?
David Bell:
David Bell:
Well, it’s not suppose to be but now that every things set up with the government where people can be consultants on the side so now they can work with regulatory agencies and work for the companies that are also in the process of getting
I believe I got sick at work and somehow it became personal with Pam to try and grind me in the ground and not slow down registration of any of her products, which could’ve been implicated in making me ill.
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*Evidentiary documentation; “table of contents #63” ARTICLE: INVESTORS PUT $7.2 MILLION MORE INTO AGRAQUEST INC., SACRAMENTO BUSINESS JOURNAL 5/12/2000 (page 75 of David Bell Transcript)
tv, and that was around the same time that I also requested that employee file.... and that’s why I requested the employee file.
Steve Zeltzer:
Now, another incident took place where you were accused by an employee there of being ... of threatening him and they tried to get a restraining order against you. What was that all about?
Around the time that the year anniversary of me being laid off was... Mr. Campbell put up a restraining order on me. Which basically prevented me from contacting the company, because the blank.... the restraining order, the temporary
David Bell:
Oh yeah [yes],.. he says I threatened him over cable 80
restraining order was put up as a blanket deal. So I couldn’t contact the company, I couldn’t contact
company employees, couldn’t ask questions.
*Evidentiary documentation; “table of contents #64” 2/10/2000 BELL RESPONSE TO PETITION FOR RESTRAINING ORDER (page 77 of David Bell Transcript)
Never had any idea at that time I had apparently Steve Zeltzer: been fired, so I couldn’t even get in to a wrongful And what did the restraining order say? termination lawsuit which I had an absolute right on, David Bell: however they had a restraining order on me at the Oh God, it said I molested and harassed the time so now I couldn’t even get..... individual. 81
receiving hang-up phone calls.... and I laughed at him and said, you got to be joking me. I’m not going to pay this gentleman’s attorney bills because he gets hang up phone calls.
Steve Zeltzer:
Who was that? David Bell:
My coworker, Brian Campbell, the one that wore the Steve Zeltzer: respirator at work while no one else did. So do you think somebody put him up to it? Steve Zeltzer:
David Bell:
So he... he accused you of threatening him?
Oh absolutely, absolutely, four years later when we got the employee file there was a script for what Brian was supposed to say and the questions he was suppose to ask me at the hearing. The whole thing was in my employee file.
David Bell:
He accused me of it, but he had an entirely different story when it went to court. Steve Zeltzer:
Everything was in my employee file except the order from the judge dismissing the whole thing and quashing the temporary restraining order because Mr. Campbell couldn’t show any justification for even having a temporary restraining order on me.
What happened? David Bell:
When it went to court he told me that he was
*Evidentiary documentation; “table of contents #65” 2/18/2000 SUPERIOR COURT OF THE STATE OF CALIFORNIA CIVIL MINUTES (page 79 of David Bell Transcript) document next page
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going to get arrested.
Steve Zeltzer:
So this was a rigged deal.
Steve Zeltzer:
So they could actually put you away in jail?
David Bell:
Oh absolutely.
David Bell:
I believe so.
Steve Zeltzer:
Basically to threaten you and try to silence you.
Steve Zeltzer:
And then be... be done with you.
David Bell:
Oh, I think that what they were hoping is they were going to get it on me and I was going to come knocking on the door for the business thinking I’m
David Bell:
Probably. Accuse me of something I never did in 83
Yolo County.
Steve Zeltzer:
I see. So, you still wanted to find out what was inside your body?
Steve Zeltzer:
So, you were getting sick... continuing to get sick from these infections.... from sinus infections and how were you getting your medical care taken care of?
David Bell:
Oh absolutely.
David Bell:
Steve Zeltzer:
Well originally it started going through on my And how did you eventually find that out? wife’s employer, which was Blue Cross - Blue David Bell: Shield and then later they finally reversed all that By the variety of cultures. We still have no absolute and started putting it through on Medicare. definitive answer.
Steve Zeltzer:
The original... the original surgery had a pathology sample taken which I demanded that they take and try to culture and figure out what it was in the first place. They let it get destroyed. We... we had an absolute sample of the real thing.... they let it get destroyed. So now all I can go on are the cultures and the blood work that come out of me now.
So you had to apply for Medicare? David Bell:
This is where it’s interesting. I was already considered a disabled worker before I worked at Agraquest... cuz I was on Medicare through part of college. When I worked at Agraquest I was working there to get off of Medicare. I was on my trial work period. Injured worker returning to work, Steve Zeltzer: which Medicare tells me nobody ever does. And you went to the Mayo Clinic to find this out? Normally they actually get on the system and never David Bell: get off. I got sick returning to work. I went to the Mayo Clinic because a physician back in Sacramento told me the ring of doctors at Sutter Steve Zeltzer: had been deceiving me.... and I asked him... I go, I see. why? Can you see the hole in my nose, in my David Bell: septum? And he said yeah [yes], you got to be They actually made one of the first workers to ever blind not to see it. return to the workforce ill during his trial work You see, Dr. Appelblatt had never mentioned that period. there was a perforated septum from the first surgery, Steve Zeltzer: only the mention of the cat scans that said it was there and then those are actually missing out of her I see. So you went back on Medicare? chart. I had to go to the radiologist to get the copies David Bell: of the cat scans and the... the readings. Ahem, Yeah [yes] Steve Zeltzer:
Steve Zeltzer:
So this sounds like a very convoluted cover-up... I mean, that they were doing all kinds of things to prevent you from really learning what was happening with yourself?
And what kind of money was spent on taking care of your health at that point? David Bell:
David Bell:
Thousands... the co-pays were thousands. It was absolutely astronomical, I spent more on co-pays than I ever made at Agraquest.
Somehow I got stuck in their dirty little circle which is mostly UC Davis graduates and UC Davis physicians and Sutter Healthcare physicians
Steve Zeltzer:
Steve Zeltzer:
So we’re talking hundreds of thousands of dollars?
Is there a connection between UC Davis and Sutter?
David Bell:
David Bell:
Out of pocket? Hundreds of thousands of dollars is the cash value of the medical care. And just the cash value of the blood infusions alone is about Three Hundred Thousand dollars.
A lot of people go to work for Sutter out of UC Davis, cuz UC Davis is a very reputable medical school in the Sacramento valley area. Steve Zeltzer:
Steve Zeltzer:
And Pam Marrone apparently was on the chair of the committee, biotech and agriculture committee of the University of California?
Hmmm David Bell:
What I get billed versus the cash value are two different things because your co-pays are different.
David Bell:
Well, she was on that, but she was also went to the UC Davis school of management, where she met a 84
lot of her companions, the people that would Do you think it might have to do with the fact that there’s contribute money or that she would pull favors corporate control of the university? from. David Bell:
That could be a little bit of it, where the money string goes to, the money chain. But again, it’s a school. I mean, they’re... they’re apparently not there to teach ethics, they’re there to conduct science.... and we’re going to let future generations pick up the pieces from the science that goes bad in our generation.
Steve Zeltzer:
I see, so there was this kind of relationship between Pam Marrone, the biotech company, Agraquest and UC? David Bell:
Ahem [yes]. Pam... Pam Marrone couldn’t survive in Davis with Agraquest without having a partnership with UC Davis. It’s impossible.
Steve Zeltzer:
Steve Zeltzer:
So, this Mayo Clinic did a culture of you and what did you discover about the products that were in your body... or the material that was in your body?
So was UC Davis aware of this or are they aware of this? David Bell:
What, that I had become ill over there?
David Bell:
Mayo Clinic didn’t do cultures.... Mayo Clinic ran some blood work,...
Steve Zeltzer:
Yeah [yes]
Steve Zeltzer:
David Bell:
I think they’re such a large facility that they I see. probably are oblivious to what happened. David Bell: ...some very definitive blood work. Steve Zeltzer: Do you think they’re concerned, the University of The only thing that really came up unusual out of California Davis about the dangers... potential dangers in the Mayo Clinic blood work was the presence of the biotech industry? histoplasmosis yeast or some antibody to it in my blood, which was very unusual. David Bell: Absolutely not. Histoplasma Capsulatum is not endemic to the California area, it’s largely in the Ohio valley area, Steve Zeltzer: Indianapolis.... this is normally where they have the Why not? outbreaks. David Bell:
So here I am living in California for most my life, haven’t returned to Ohio in ten or fifteen years and yet I’m coming up positive for something that’s in Ohio River valley only. So strange... strange turn of events
UC Davis is a school... it’s not some humanitarian organization... they’re a school.... this is what they do. Steve Zeltzer:
.
*Evidentiary documentation; “table of contents #66” MAYO CLINIC HISTO IN BELL’S BLOOD (page 84 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #67” UNITED STATES PATENT 6,004,774 (page 85 of David Bell Transcript)
*Evidentiary documentation; “table of contents #68” UNITED STATES PATENT AND TRADEMARK OFFICE PATENT: ASSIGNMENT ABSTRACT OF TITLE ............(page 86 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #69” 3/2/2005 DR NG PAGE 20; HISTOPLASMOSIS? (page 87 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #70� 3/2/2005 DR NG PAGE 21 & 22; HISTOPLASMOSIS? (page 88 of David Bell Transcript)
Steve Zeltzer:
David Bell:
Did you find any patented material in your body?
Virtually everything that the cultures.... all the cultures but one so far have come up on their patents. All the blood work has also come up on their patents, 100% of the blood work has come up on their patents.
David Bell:
Pardon? Steve Zeltzer:
Patented material... was there any material in your body that Steve Zeltzer: had... the company had patented... that they were And what does that mean? developing? David Bell: 90
I think it means that somewhere like fourteen organisms, thirteen of them have been linked to Agraquest. I could be off by a couple of organisms, but basically every one but one is admitted to be... well everyone but two is admitted to be there... everyone but one has been proven to be there.
David Bell:
Well, either they’re patenting it or it’s in the screen as one of their agricultural pests already... cuz you gotta remember that Agraquest not only grows stuff on purpose to run through the screen, but Agraquest purposely has stock cultures that they keep around which they’re inside the screen. You know, you’re going to have a pathogen of a plant, the decomposer and that is purposely sustained and kept on site for future experiments on it.
Steve Zeltzer:
So Agraquest is patenting these materials which they’re developing?
*Evidentiary documentation; “table of contents #71” MEDICAL FLOWCHART [BELL FROM 1999 2005 AND PATENTS, PRODUCTS [ THIS 5 PAGE FLOWCHART CAN ALSO BE FOUND @:
http://biotechawareness.com/images/MEDICAL_PATENTS_PRODUCTS_FLOWCH ART.pdf (page 90 of David Bell Transcript) KEY: The “MEDICAL FLOWCHART [BELL FROM 1999 - 2005 AND PATENTS, PRODUCTS” ; showing relationship to David Bell’s medical and patents
that
are either; Agraquest patents, co-patents with Agraquest and other companies and/or patents that were assigned to other companies with Agraquest scientist/s being listed as "inventors". You will also see Agraquest products that are also related to David's medical. [IT IS SUGGESTED YOU OPEN THIS FLOWCHART IN pdf . YOU WILL NEED TO ENLARGE THIS CHART TO READ IT] • TOP LEFT COLORED BOXES: BACTERIA AND FUNGUS IDENTIFIED IN DAVID and/or SHOWING LEVELS OF EXPOSURE • TOP RIGHT LEFT COLORED DIAMONDS: COLOR CODED "KEYS" of the top left colored boxes (BACTERIA AND FUNGUS IDENTIFIED IN DAVID and/or SHOWING LEVELS OF EXPOSURE) • LEFT COLUMN: NON-AGRAQUEST PATENTS; SHOWING AGRAQUEST SCIENTIST/S AS "INVENTORS" [THESE INCLUDE CORRESPONDING COLOR CODED "DIAMONDS"] (BACTERIA AND FUNGUS IDENTIFIED IN DAVID and/or SHOWING LEVELS OF EXPOSURE) • MIDDLE COLUMN: AGRAQUEST PATENTS; "THESE INCLUDE CORRESPONDING COLOR CODED "DIAMONDS" (BACTERIA AND FUNGUS IDENTIFIED IN DAVID and/or SHOWING LEVELS OF EXPOSURE) • RIGHT COLUMN: AGRAQUEST PRODUCTS; "THESE INCLUDE CORRESPONDING COLOR CODED "DIAMONDS" (BACTERIA AND FUNGUS IDENTIFIED IN DAVID and/or SHOWING LEVELS OF EXPOSURE)
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Their lawyers spent a lot of time fighting me, the company just stopped... started ignoring me and not communicating with me and not cooperating with discovery issues. Once they got their worker comp lawyer he became the mouthpiece for the company, even though he knew absolutely nothing about biology.
Steve Zeltzer:
Ahem. Now, so now you applied for workers’ comp and you got the run-around as far as getting your forms and your work records and that kind of thing and how long did this run around last? David Bell:
Steve Zeltzer:
The run around went on for six years.. five or six And you first wanted to find out who the insurance years. company was.. that was... that insured them for workers’ comp and who was that? Steve Zeltzer: And you know... they must have spent a lot of time fighting David Bell: you and you spent a lot of time fighting them to get your Well, the original form got submitted and it came paper work and actually have a hearing. back saying that the state board, Preferred Employers was their insurer. David Bell:
*Evidentiary documentation; “table of contents #72” 10/3/2003 EMPLOYEES CLAIM FOR WORKERS COMPENSATION BENEFITS (page 92 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #73” 10/23/2003 PREFERRED EMPLOYERS INSURANCE DENIAL LETTER (page 93 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #74” 2/5/2004 PREFERRED EMPLOYERS INSURANCE DENIAL LETTER (page 94 of David Bell Transcript) document next page
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Steve Zeltzer:
Aha David Bell:
And then the first lawyer told me they were uninsured.... and I couldn’t get a straight answer out
of anybody so I mailed in this form to San Francisco to find out who the true insurance company was and it actually turned out to be Golden Eagle, which is also known as Liberty Mutual down in San Diego.
*Evidentiary documentation; “table of contents #75” 5/19/2004 WORKERS COMPENSATION INSURANCE RATING; BUREAU OF CALIFORNIA LETTER TO BELL (page 95 of David Bell Transcript) document next page
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*Evidentiary documentation; “table of contents #76” 7/14/2004 HELMAN MANAGEMENT SERVICES, INC; LETTER/NOTICE OF DENIAL OF CLAIM (page 96 of David Bell Transcript) document next page
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Steve Zeltzer:
Steve Zeltzer:
And Liberty Mutual is owned by Warren Buffet?
Were you aware that Warren Buffet is chief of Schwarzenegger's kitchen cabinet and was involved in deregulating workers’ comp in California?
David Bell:
Apparently so.
David Bell:
Steve Zeltzer:
Had no clue, but now I can see why. If he’s running an insurance company why not deregulate worker comp?
So we’re talking about a major insurance company. David Bell:
Big insurance company, into a lot more than just Steve Zeltzer: worker comp, you know, they do property and Do you think that’s part of your problem here that this is casualty and I think auto too. deregulated and they can play games with you and... 103
committed fraud.
David Bell:
A large part of my problem was the... the difference Steve Zeltzer: between the old rules of worker comp and the new rules.. and the fact that all they want to do is take all How did they do that? the old cases and just dismiss them or throw them David Bell: out so then they can go under the new rules. So I How’d they commit fraud? They still won’t even definitely got stuck in a transitional period. give me the hazard list. Again, there’s a thing called a hazard communication program, which is cross Steve Zeltzer: referenced by about nine federal and state and I see. federal... federal and state statutes. Now, you were denied, what happened why did they deny I have asked for the hazards that I have been your workers’ comp claim? exposed to repeatedly ever since I had filed the David Bell: worker comp claim.. and I have no answer. The The first denial was statue of limitations if I recall only answer from them was their defense lawyer correctly. said he was unaware of worker right to know laws and even if they do exist my request was overly Steve Zeltzer: broad. A brilliant piece of paper that I actually want Even though it wasn’t your fault they had stalled providing to frame.... because if this... if this guy, who’s doing information, that kind of thing? worker comp does not know about federal HazCom laws then why is he even a lawyer? Shouldn’t be a David Bell: lawyer, he should be in real estate law or something. Stalled, they completely deceived me... these people He shouldn’t be in worker comp.
*Evidentiary documentation; “table of contents #77” 8/8/2006 DEFENSE ATTORNEY DANIEL REICH REPLY LETTER TO BELL (page 99 of David Bell Transcript)
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Steve Zeltzer:
Steve Zeltzer:
Well it sounds like he’s being paid a lot of money to try to And the judge... sub... you know, try to prevent liability for this company.
David Bell:
David Bell:
But the court actually bought into it, I’m actually watching the judge sit here watch this lawyer lie through his teeth, tell me he’s unaware of this federal laws, which are advertised on every minimum wage board throughout the whole country, it say’s right there, You have a right to know the hazards in the workplace. 105
The judge bought in to it and then told me I could sit there right then and ask him questions specifically about organisms and he could come back with a yes or a no. So I spit off like eight of em off the top of my head, missed a couple of em. They came back with yes with virtually everything I asked. That was the only time I got to ask them things.
So I get to ask about eight organisms when I know there were at least ten thousand things in that laboratory when I worked there but we’re going to talk about eight of em. What about the other nine thousand nine hundred ninety two of them? What were they? Are they human pathogens? Never got these answers. Steve Zeltzer:
demonstrated moral turpitude, I don’t even know what that meant. Steve Zeltzer:
I see. Now, You appealed it, you finally got to another judge, or you were trying to get another judge to appeal it so, what happened with that?
So the judge denies your claim... workers’ comp?
David Bell:
Now, they got the first judge challenged out because she said that the insurance industry’s lawyer was... no, the insurance industry’s doctor was known to be a liar.
David Bell:
Ahem [yes] Steve Zeltzer:
And then what happens?
Steve Zeltzer:
This is the judge?
David Bell:
Then I send in a really long appeal with all the points of order as to what I thought was illegal about their judgment.
David Bell:
Yeah [yes]. So.. so they challenged her out and got her off the case real quick.
Steve Zeltzer:
Ahem.
Steve Zeltzer:
David Bell:
They sent back a denial. Then I sent back another appeal and they sent back a denial saying that I sent it to the wrong address, I didn’t send it to San Francisco, I sent it to Sacramento and by the time Sacramento had forwarded it to San Francisco that I was over the amounted days that I was allotted for them to hear it.
So they got her removed from the case? David Bell:
Ahem [yes], Steve Zeltzer:
Because she said the insurance company’s lawyer was known to be a.... David Bell:
Steve Zeltzer:
Their doctor... So they stalled you again and said that you had exceeded your time... Steve Zeltzer: Their doctor was known to be a liar. David Bell: Ahem. [yes] David Bell: Ahem [yes]. Steve Zeltzer: ...limit to actually file an appeal? Steve Zeltzer: And for that she was discharged? David Bell: Absolutely. David Bell: She was booted off and then what they... they brought in a judge that was apparently a former Steve Zeltzer: defense attorney for Liberty Mutual. Do you think this was purposely done? Steve Zeltzer
David Bell:
The whole thing looks pretty orchestrated from the Did she let you know about that.... when you were in the hearing? beginning from what I’ve seen. I mean, when I sat there and watched the judge tell... listen to the lies that this guy’s spitting out. And then half of the meetings that we had over there were over the... the restraining order and cable television. I’m... I’m having motion for discovery hearings trying to discuss hazards and try to figure out what was really there so I finally have my ponderance of the evidence to prove that what I had in my body could’ve been caught at Agraquest... and we’re arguing over this guys little issues about cable television. That’s all he wants to... he said I
David Bell:
Absolutely not. Steve Zeltzer:
So who was this judge? Susan... David Bell:
Oh yeah... her name was Susan something. Steve Zeltzer:
So, that’s another example, in your view of the kind of
106
corruption that’s going on in this workers’ comp system, ... and the previous Attorney General. Did they ever call that a... that a judge is actually ruling on your case who’d you and contact. you? previously worked for a law firm representing the insurance David Bell: company, Liberty Mutual? No. No, it’s not important to their campaign. And David Bell: also when it comes down to microbiology, They’re absolutely corrupt... yeah [yes],... yeah unfortunately it’s over a lot of people’s heads. A [yes]. That’s the way it plays out. lot of people don’t understand biology. During one of... this is interesting... during one of the motions to discovery’s with this Daniel Reich guy, spewing off his lies.... they were wanting to talk about cable tv. I told em, you know, fine I’m done talking about cable tv., this is irrelevant so I’ll take the fifth amendment at this point, I’m not saying nothing... I’ll plead the fifth. She [judge] demanded that I answer the question or she would throw out my court case and told me that the fifth amendment does not matter in the W C A B, that the entire constitution of the United States of America, and of California is irrelevant in her court.
Steve Zeltzer:
So your saying that the... the... the agencies, the politicians, the insurance commissioner, the fraud assessment commission.... the agencies in California and nationally, which are responsible for oversight in this industry and workers’ comp fraud, not.... never tried to get in touch with you personally to get your story? David Bell:
No, no the only government agency that ever called me back was APHIS wanting to know why the employer was importing dirt without a permit. They wanted to know why they were smuggling. They’re the only one’s who called back.
At that point I started to wonder where I’m sitting? Am I sitting in America or not? The constitution is irrelevant. She said the only thing we enforce here Steve Zeltzer: And APHIS is who? is labor code.
David Bell: That’s why they don’t enforce any of the health and APHIS is FDA.... USDA. safety standards... cuz the health and safety code is separate from the labor code. Now, I know there’s Steve Zeltzer: got to be a statute in labor code somewhere that marries labor code to health and safety code, and I see, and they did call you? holds it accountable. But, I’m not a lawyer. David Bell: Oh yeah [yes], they were real curious about soil Steve Zeltzer: smuggling in America. This was right around that But this... this sounds like a catch twenty two because to hoof and mouth disease over in Europe. fight your case around workers’ comp required showing what was going on with the labor regulations and that kind Steve Zeltzer: of thing. And... when you called OSHA to go in and check the place out were you disappointed about the.... first of all, how long David Bell: did it take for OSHA to go in there and make the Yes. investigation? Steve Zeltzer:
David Bell:
This was prevented from being brought up in this case by this judge?
It took ‘em a year and a half to show up and make the investigation.
David Bell:
Ahem [yes], they want to talk... no health and safety Steve Zeltzer: violations were admissible in her court, labor code In this biotech company? only. Any other law in America does not matter.... David Bell: labor code only. [nods yes] About a year and a half, they said they lost the paperwork. Steve Zeltzer: And you tried, and your mother tried to go to all kinds of Then I finally called them up eventually and said, politicians.... the District Attorney, Dan Stroski of Yolo where’s the report... didn’t you guys ever search? County.... many people apparently.... the Insurance And they said, oh no we already conducted the Commissioner, Steve Poizner.... you visited these people or investigation, I’m sorry, you were suppose to get a they were contacted and.. Senator Boxer, Senator Feinstein, copy of it. You were automatically suppose to get a the Attorney General of California , Jerry Brown... copy of it. So they finally send me a copy of it and of course it’s missing the report date... which hung David Bell: them because they never sent it to me... so now the Aha [yes]. report dates missing from it. Steve Zeltzer:
Steve Zeltzer: 107
I see.
industry as an actual insurance provider and now you got the state running the court system at the same time.
So you’re struggling for justice to get your healthcare. And this fight... basically is obviously not just an individual situation but a problem with the system. Is that how you see it? David Bell:
How’s that going to work? It’s conflict of interest, the state does not belong in the insurance industry. Steve Zeltzer:
With the worker compensation system? It’s broke. Ok.... thank you. Good talking to you, I hope to have you It’s probably broke beyond repair. again. You’ve got an industry which is playing both sides of the field. You’ve got the state in the insurance .
David Bell:
Thank you Steve
~END OF DAVID BELL INTERVIEW~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ #4 Presented to the The California Department of Insurance, Workers’ Compensation Fraud Unit on June 17, 2009 CD and COPIES OF: TABLE OF CONTENTS with EVIDENTIARY DOCUMENTATION SUPPORTING DAVID BELL IN HIS INTERVIEW, “INJURED AGRAQUEST BIOTECH WORKER DAVID BELL TELLS HIS STORY” (photo’s of acceptance on page 2 and page 11 above)
TABLE OF CONTENTS PAGES: #1....................NO DATE ARTICLE; HUNTING FOR MICROBES (page 4 of David Bell Transcript) #2....................8/11/1997 ARTICLE; AGRAQUEST GROWING IN OWN SUCCESS; AUGUST 11, 1997 (page 5 & 6 of David Bell Transcript) #3....................NO DATE FIFTY LES5ONS Ltd. (internet) Pam Marrone (page 9 of David Bell Transcript) #4
10/30/1992 BOARD OF PATENT APPEALS AND INTERFERENCES, PATENT AND TRADEMARK OFFICE EX PARTE MARK G (page 11 of David Bell Transcript)
#5....................1/26/1995
PATENT WO 95/02695, INTERNATIONAL PUBLICATION DATE - FILED 7/17/1994 (page 12 of David Bell Transcript) #6....................8/13/2002 CAL/OSHA RESPONSE TO DAVID BELL’S 2002 TELEPHONE COMPLAINT (page 15 of David Bell Transcript) #7....................8/22/2002 AGRAQUEST RESPONSE LETTER TO OSHA PER BELL’S 2002 TELEPHONE COMPLAINT (page 16 and 17 of David Bell Transcript) #8
8/12/2002 E-MAIL FROM DAVE WARD INFORMING AGRAQUEST THEY HAVE EARNED A 74% EXPERIENCE MODIFICATION FOR “JOB WELL DONE” (page 18 of David Bell Transcript)
#9
8/22/2002 WORKERS COMPENSATION INSURANCE RATING ; BUREAU OF CALIFORNIA EXPERIENCE RATING FORM (page 18 of David Bell Transcript)
#10..................3/12/2003 BELL WRITTEN COMPLAINT LETTER TO OSHA (page 19 of David Bell Transcript) #11..................NO DATE LETTER TO BELL FROM OSHA (page 20 of David Bell Transcript) #12..................7/9/2003 OSHA CITATION AND NOTIFICATION OF PENALTY (page 20 of David Bell Transcript) 108
#13..................1/18/1999 BELL IMMEDIATE CARE MEDICAL CLINIC (page 21 of David Bell Transcript) #13A............... 1/18/1999 BLUE CROSS BILLED $70.00; IMMEDIATE CARE MEDICAL CLINIC (page 21A of David Bell Transcript) [THIS WAS *INADVERTENTLY LEFT OUT OF THE pdf OF THE DAVID BELL TRANSCRIPT] #14..................1/18/1999 RITE AID PHARMACY ZITHROMAX (page 22 of David Bell Transcript) #15..................1/21/1999 SACRAMENTO EAR, NOSE AND THROAT; MCKENNAN SUBPOENAED CHART PAGE 77 (page 22 of David Bell Transcript) #16..................1/21/1999 BLUE CROSS BILLED $275.00; SACRAMENTO (page 23 of David Bell Transcript) #17
EAR, NOSE AND THROAT
1/22/1999 SACRAMENTO EAR, NOSE AND THROAT; SUTTER MEDICAL GROUP SUBPOENAED CHART PAGE 14 (page 23 of David Bell Transcript)
#18..................1/22/1999 BLUE CROSS BILLED $268.00;; RADIOLOGICAL ASSOCIATES; (page 24 of David Bell Transcript) #19..................1/22/1999 SACRAMENTO EAR, NOSE AND THROAT; APPELBLATT SUBPOENAED CHART PAGE 10 (page 24 of David Bell Transcript) #20..................1/22/1999 RITE AID PHARMACY; PREDNISONE (page 25 of David Bell Transcript) #21..................1/22/1999 RITE AID PHARMACY; LEVAQUIN (page 25 of David Bell Transcript) #22..................1/25/1999 SACRAMENTO EAR, NOSE AND THROAT; APPELBLATT CHART PAGE 9 & 10 (page 26 of David Bell Transcript) #23..................1/25/1999 SACRAMENTO EAR NOSE AND THROAT, APPELBLATT CHART SURGERY SCHEDULED (page 26 of David Bell Transcript) #24..................1/25/1999; RITE AID PHARMACY’ WELLBUTRIN (page 27 of David Bell Transcript) #25..................1/25/1999 BLUE CROSS BILLED; $275.00 SACRAMENTO EAR, NOSE AND THROAT (page 28 of David Bell Transcript) #26..................1/25/1999 RITE AID PHARMACY; HYDROCODONE (page 28 of David Bell Transcript) #27..................1/29/1999 BLUE CROSS BILLED; $162.25 BIO CHYPHER LABS LIMITED (page 29 of David Bell Transcript) #28..................2/3/1999 APPELBLATT SURGERY REPORT (page 31 of David Bell Transcript) #29..................2/3/1999 WAL MART PHARMACY; OMNICEF (page 31 of David Bell Transcript) #30.................. 2/3/1999 RITE AID PHARMACY; PROPOXY (page 32 of David Bell Transcript) #31.................. 2/3/1999 WAL MART PHARMACY; DELTASONE (page 32 of David Bell Transcript) #32..................2/3/1999 BLUE CROSS BILLED $11,208.60 SACRAMENTO EAR, NOSE AND THROAT (page 33 of David Bell Transcript) #33..................2/3/1999 BLUE CROSS BILLED; $900.00 SACRAMENTO EAR, NOSE AND THROAT (page 34 of David Bell Transcript) #34.................. 2/3/1999 BLUE CROSS BILLED; $7,680.00 HEALTHSOUTH SURGERY CENTER 109
(page 34 of David Bell Transcript) #35..................2/3/1999 BLUE CROSS BILLED; $715.00 CENTRAL ANESTHESIA SERVICES ( page 35 of David Bell Transcript) #36..................2/3/1999 BLUE CROSS BILLED; $375.00 OUTPATIENT PATHOLOGY ASSOCIATES ( page 35 of David Bell Transcript) #36A............... 2/18/1999 BLUE CROSS BILLED; $475.00 SACRAMENTO EAR, NOSE AND THROAT (page 35A of David Bell Transcript) *INADVERTENTLY LEFT OUT OF THE pdf OF THE DAVID BELL TRANSCRIPT #37..................2/19/1999 RITE AID PHARMACY; HYDROCODONE (page 36 of David Bell Transcript) #38..................3/3/1999 SACRAMENTO EAR, NOSE AND THROAT CHART NOTE (page 36 of David Bell Transcript) #39..................3/3/1999 BLUE CROSS BILLED $475.00 SACRAMENTO EAR. NOSE AND THROAT (page 36 of David Bell Transcript) #40..................5/8/1999 SACRAMENTO EAR, NOSE AND THROAT NO ENTRY BUT BILLED (page 37 of David Bell Transcript) #41..................5/8/1999 BLUE CROSS BILLED $475.00; SACRAMENTO EAR, NOSE AND THROAT (page 37 of David Bell Transcript) #42..................NO DATE SUTTER HEALTH APPELBLATT (page 38 of David Bell Transcript) SUTTER HEALTH (FIND A DOCTOR) Nancy H Appelblatt, M.D., FACS; Sacramento Ear, Nose and Throat Medical and Surgical Group, Inc. View at the following link: http://www.sutterhealth.org/providersearch/?sitecfg=75&vs=detail&action=providerdetail &masterid=4686&isLevelOne=1&recId=ps83929sp8392921137250&healthplans=1&phys name=Nancy%20H%20Appelblatt,%20M.D.,%20FACS #43..................NO DATE FIFTY LES5ONS PAM MARRONE (page 39 of David Bell Transcript) PAMELA MARRONE, Founder & CEO Marrone Organic Innovations SUTTER HEALTH APPELBLATT #44
NO DATE SUTTER HEALTH; GOVERNING BOARDS OF DIRECTORS; Sutter Health Sacramento Sierra Region (page 40 of David Bell Transcript) SUTTER HEALTH; OUR FAMILY , GOVERNING BOARDS OF DIRECTORS View at the following link: http://www2.altabates.com/annualreport_2006/html/fam/gov_boardofdirectors.html
#44A............... NO DATE CORNELL UNIVERSITY INTERVIEW WITH PAM MARRONE (page 40A of David Bell Transcript) [THIS WAS *INADVERTENTLY LEFT OUT OF THE pdf OF THE DAVID BELL TRANSCRIPT]
statement from Pam Marrone, next page
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#45..................NO DATE #46
SUTTER HEALTH; OUR FAMILY; PHILANTHROPIC FOUNDATIONS (page 41 of David Bell Transcript)
WINTER 1999 UNIVERSITY OF CALIFORNIA - DAVIS; GRADUATE SCHOOL OF MANAGEMENT MICHAEL (MICK) J. ROGERS - UCD DAVIS EDUCATION ; ALUMNI ASSOCIATION, CLASS NOTES - 1993 (page 42 of David Bell Transcript)
#47..................1999-2005 BELL PRESCRIPTIONS FROM (page 44 & 45 of David Bell Transcript) #48..................2/12/2002 FAX LETTER FROM SACRAMENTO ENT; CAN RETURN TO WORK (page 47 of David Bell Transcript) #49..................2/12/2002 FAX COVER; CAN RETURN TO WORK (page 48 of David Bell Transcript) #50..................4/28/2000 ARTICLE: DAUGHTERS SEE THE WORKING WORLD; (page 51 of David Bell Transcript)
DAVIS ENTERPRISE
#51.................. 5/15/1999 ARTICLE: AG AND INDUSTRIAL COMPANIES HAVE QUIETLY FLOURISHED, (page 54 of David Bell Transcript) #52..................
PICTURES OF “DRAIN” (page 55 of David Bell Transcript)
#53..................5/19/1998 UNITED STATES PATENT 5,753,222 APPROVED, APPLICATION FILED 11/18/1996 (page 58 of David Bell Transcript) #54..................12/21/199 UNITED STATES PATENT 6,004,774 APPROVED, APPLICATION FILED 11/25/1998 (page 59 of David Bell Transcript) #55..................110/17/2003 HISTO IN BELL’S BLOOD BY THE MAYO CLINIC, SCOTTSDALE ARIZONA (page 60 of David Bell Transcript) #56..................6/10/1999 WAGE INFO FOR BELL (page 62 of David Bell Transcript) #57..................7/30/1998 LETTER OF JOB OFFER (page 65 of David Bell Transcript) #58..................4/27/1999 LETTER OF RECOMMENDATION (page 66 of David Bell Transcript) 111
#59..................2/3/2000 BELL LETTER TO RUSSELL, page 1 (page 68 of David Bell Transcript) #60..................2/3/2000 RE: BELL FAX COVER PAGE FROM RUSSELL TO AGRAQUEST (page 69 of David Bell Transcript) #61..................3/2/2005 DR NG PAGE 23 (page 71 of David Bell Transcript) #62..................3/2/2005 DR NG PAGE 24 (page 72 of David Bell Transcript) #63
5/12/2000 ARTICLE: INVESTORS PUT $7.2 MILLION MORE INTO AGRAQUEST INC., SACRAMENTO BUSINESS JOURNAL (page 75 of David Bell Transcript)
#64..................2/10/2000 BELL RESPONSE TO PETITION FOR RESTRAINING ORDER (page 77 of David Bell Transcript) #65..................2/18/2000 SUPERIOR COURT OF THE STATE OF CALIFORNIA CIVIL MINUTES (page 79 of David Bell Transcript) #66..................11/17/2003 MAYO CLINIC HISTO IN BELL’S BLOOD (page 84 of David Bell Transcript) #67..................
UNITED STATES PATENT 6,004,774 (page 85 of David Bell Transcript)
#68..................UNITED STATES PATENT AND TRADEMARK OFFICE PATENT: ASSIGNMENT ABSTRACT OF TITLE (page 86 of David Bell Transcript) #69..................3/2/2005 DR NG PAGE 20; HISTOPLASMOSIS? (page 87 of David Bell Transcript) #70..................3/2/2005 DR NG PAGE 21 & 22; HISTOPLASMOSIS? (page 88 of David Bell Transcript) #71..................MEDICAL FLOWCHART [BELL FROM 1999 - 2005 AND PATENTS, PRODUCTS (page 90 of David Bell Transcript) #72..................10/3/2003 EMPLOYEES CLAIM FOR WORKERS COMPENSATION BENEFITS (page 92 of David Bell Transcript) #73..................10/23/2003 PREFERRED EMPLOYERS INSURANCE DENIAL LETTER (page 93 of David Bell Transcript) #74..................2/5/2004 PREFERRED EMPLOYERS INSURANCE DENIAL LETTER (page 94 of David Bell Transcript) #75
5/19/2004 WORKERS COMPENSATION INSURANCE RATING; BUREAU OF CALIFORNIA LETTER TO BELL (page 95 of David Bell Transcript)
#76..................7/14/2004 HELMAN MANAGEMENT SERVICES, INC; LETTER/NOTICE OF DENIAL OF CLAIM (page 96 of David Bell Transcript) #77..................8/8/2006 DEFENSE ATTORNEY DANIEL REICH REPLY LETTER TO BELL (page 99 of David Bell Transcript)
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