Https://www.gatesmcdonald.com/GatesMcDonald/ohioClaimsOffices. Jsp
My spouse Benjamin Betancourt, was diagnosed with a rare type of cancer and also that he is the beginning stages of emphysema back in March of this year 2008. Our problem is that he has to go for many test and exam due to his condition, Just prior to many surgical procedure he always needs a medical release. We asked Gates McDonald (WM Time-off Planning Service - TOPS) to get someone to handle our submissions because there was way to much paper to work with. You now we have been going up to PA Fox Chase Cancer Center and it's a 2 hour drive and now they are claiming not to have received the paperwork. The doctors are tired of us going back with the same paperwork to be filled out. I am tired myself because I have a back injury from a car accident back in June June and when I get back I'm in extreme pain and I have explained this them to "no" avail. We have given them the doctor's information and submitted paperwork to validate the absences repeatedly and one rep named Linda claimed to have gotten the paperwork and that Regina another rep was to review the paperwork and now they claim that paperwork did not get them and they never told me that they were going to review the paperwork have refused to make the changes on his employment file. I have also informed them that I am visually impaired and that we need their help and their respond was that they do not have to do anything.
I have to communicate via fax, email and mail and still there is nothing.
For example here one of my communications to them.
Dispute Letter
Tuesday, July 08
Avis Betancourt
WM TOPS - Reference Benjamin Betancourt ID: 045619
Dear Sir/Madam:
I am writing in response to your incorrect report of my spouse's absentees on file dated {3/17/08,4/24/08,5/13/08}, (medical and reports copies enclosed) because you stated that these absences were not a serious health condition, I do not believe you are acting in good faith knowing that his health condition started back in 12/26/06 to the present.
This is the first I've heard that seeking medical treatment, a medical release to perform a biopsy, and or any other tests on this health matter therefore, in accordance with the labor laws or just common sense constitute a non serious health condition, is he supposed to die that you may know it's serious.
If I the employee spouse have notified you by phone and recently via fax again and you have not even replied on this matter what I am supposed to think, that the matter has been resolved. Have you not taken into consideration the patient Benjamin Betancourt my husband has been undergoing many tests and he has to have several medical clearances prior any surgical procedure due to lung disease.
I, Avis Betancourt, on behalf of my spouse Benjamin Betancourt respectfully request that you make the corrections because I am providing you with the following information:
(1) the back to work release;
(2) the doctor visits and procedures;
(3) proof of spousal disabilities (applicable because spouse makes out paperwork and drives patient to and from);
Be advised that I am fully aware of my husbands rights under the Labor laws. For instance, I know that:
I can dispute your report and seek legal counsel;
You cannot willfully add the reasons you stated on his absentee report, knowing his health condition is Cancer and this stems from his prior health condition, except what is actual fact and or what is allowed by the state Labor laws.
You are not health professionals to make such statements without substantiating facts and or evidence on these reports.
You may not want to respond and or make such corrections on his records, and if such willful actions continues on your part it is my notice to you as I shall seek an attorney immediately, so any attempts to leave the absentee report as such without validating it, violates one's legal rights;
Also be advised that I am keeping very accurate records of all correspondence from you and your company and I will not hesitate to report these violations of the law to the Labor Department.
I am disputing this; therefore, until validated you know your information concerning this report is inaccurate. Thus, if you have already reported the information as such to be made permanent on his records, you must immediately change his reports to reflect the facts about his medical leave. Reporting information that you know to be inaccurate or failing to report information correctly violates his legal rights according to the Labor laws. Should you continue to pursue this course of action of incorrect reporting of his medical leave without validating the facts, I will immediately inform the Labor Department and call an attorney to take legal action based on your failure to comply with my wishes.
Finally, Benjamin Betancourt has Cancer if you do not know this, I demand that you immediately put a case worker to work with me the spouse, due to my disabilities and you would be able to get in touch with the doctors as needed for each report with my consent, you should be ashamed of yourselves that you are victimizing my husband a Cancer patient and myself because you cannot extend yourselves, what does it hurt to have heart.
Did you not victimize us before that due your negligence, greed, and your heartless demeanor my brother is dead James Martinez thanks to Waste Management? Are you now also trying to kill my spouse Benjamin?
Enough is enough either help us, but do not continue to make us victims because you are too lazy to help, what Waste Management cannot go the extra mile with an employee with Cancer.
I really would like to tell the public how you really treat your employees with Cancer since you profess to do so much and that you care so much for the public, maybe the public needs to know the truth.
Avis Betancourt
This is their contact information: WM Time OF Service (Tops)
MR-08-01
P.O. Box 182783
Columbus Ohio 43218-2783
Columbus Service Center
Physical Address: 5525 Parkcenter Circle, Dublin, Ohio 43017
Mailing Address: P.O. Box 182032, Columbus, OH 43218
Toll Free Number: 800.336.4733
General Number: 614.854.8577
Fax Number: 614.854.2329
Contact: Debbie Smith
Title: Director of Operations
Phone: 614.854.8555
Email: [email protected]
Benjamin & avis
Parsippany, New Jersey
U.S.A.
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