wrozme swusSno Klelason: Allamrwu qu/ September 30. 2008 Mr, William Walkawski Department of Labor 8. Industries Self-Insured Section PO Box 44592 Olympia, WA 935044592 Re: Dyanne O'Halloran Claim No.2 -- Dear Mr. Walkowski: As you know. I represent Ms. O'Halloran In this claIm. I write to you today in response to the Addendum Report prepared by VRC Chrissy Pierce on September 23. 2008. received at my office on September 25, 2008. Truthfully, teel like I could write more 01 a tome outlining our numerous, factual disagreements with the VRC's latest "report." But. since by now. I am not at all sure this will be helptul. I am going to just note a couple of highlights here. I think it pmdent at this juncture to have a forensic review of this matter either by rolks there at the Department or by another professional in the field without an interest in the outcome oIthIs particular olaIm. this employer or the VRC. First. and contrary to the assertions 0! having no idea there were concerns about Ms. O'Halloran' 5 plan note that I have written several times to both the Self-- Insured Section of the Department. to the Employer' 5. Claims Manage and to the VRC outli ng concerns regarding Ms. 0 Halloran vocatlonal retraining plan. These notes are In dItIon SQ numerous discussions directly with the VRC about the plan and Ms 0' Halloran' progress. In these letters and discussions. I have reminded folks that Ms. O'Halloran had no prior experience with computers and subsequently had considerable difficulty comprehending any computer-related material during her retraining program with Olfice Careers in Renton. For example. she never achieved the keyboarding goal at 40 (as set forth in the original plan) and her speed had decreased to 20 by the end of her coursework. She is also not remotely conversant in basic functions of MS Word. Access. Outlook or Power PoInt. attached electronic mail messages as well as materials previously submitted. In these emails. please note that even the trainer. Jim, at Office Careers reported to the VRC that Ms. O'Halloran 'Vvould not be able to use a phone for work because of her hearing disability and I must repeat things many times to her before she understands what I am saying." This observation clearly contradicts the VRC's assertions on many levels: It also indicates that Ms. O'Halloran will not be able to learn quickly. after being hired. how to use officerspecific machines or protocols. tor example. Rather than re-emphasizing all the specific problems Ms. O'Halloran encountered during her retraining. Instead ask that you please take some time to consider the retraining program itsell. selected by the VRC The retraining plan outlined by the VRC, 'which took place at Office Careers' In Renton. is nearly identIcaI to the "Basic to Intermediate Computer 9I9I\'E7lst5treel .. umasonwm sautewAmis - 10-02-08 In re: Dyanne O'Halloran Claim No: 8009539 September 30, 2008 Page 2 Skills Training Program? described on the company?s website This site's version of the plan indicates that a typical training programs consist of four months of coursework in computer skills a_nd four months of individual career track training. Ms. O?Halloran's training focused only on basic computer skills; there was no instruction in any other type of of?ce or clerical skill. it is ludicrous that to propose that, with an at-best rudimentary understanding of computers and no formal training or prior experience with any other clerical skills. Ms. O?Halloran is employable as a General Of?ce Clerk. The VRC also stated that Ms. O?Halloran had a headset to use while she was doing her ?training? from home in Marysville. The headset she was provided did not work with her hearing aids, and she was subsequently told not to bother using it by Of?ce Career's staff. Recall, too. from the original training plan, that the Of?ce Careers is 48 miles from Ms. O?Halloranfs house; that her plan was scheduled?to take place during winter months; and .thatshewas budgeted'ionlvj around-trips? to'Of?Ce Gai'eers?iin' page 5 in the plan allowing for. one trip_per week to the site in Renton). As for this newly touted idea that Ms. O'Halloran gets to keep the excessively large and out-dated computer loaned to her for her training, the VRC's latest report is the ?rst we've heard of such a claim. In fact, Ms. O'Halloran had called Of?ce Careers multiple times since her so?called training trying to get someone to come and get the computer (because it was emphasized to her many times that the computer was being loaned to her; she was advised about use restrictions, and even the plan indicates that the computer is for use during training). This loaner computer did not even come with a keyboard or a mouse; she had to provide that herself. There are other, too-numerous-to-list de?ciencies in Ms. O'Halloran?s ?training," and I am not going to waste anymore time or paper unless asked. This vocational retraining plan has failed to render my client employable. I ask at this time that her employability be reassessed under this claim and that her time loss compensation be restarted immediately. If you have any questions or concerns, please do not hesitate to contact me. Thank you for your attention to this matter. Katherine L. Mason Attorney cc: Snohomish County PUD 10-02-08 I main. 30. 20083115? No.ll63' P. 1/2 KLMasonz: AWNMW April 29. 2003 Ms. Chrissy Pierce. VRC Favorite Consultants. Inc. 3205 Wetmore Avenue Everett, WA 93201 - Re: Dyanne O'Halloran Dear Ms. Pierce: Thank you for Keeping us informed about Dyanne's progress in her computer skills training program. lwrite today to share with you some of my ongoing concerns. Recently, he been in contact with Dyanne frequently. both over the telephone and' In person. Yesterday. we contacted Dyanne to inform her that we would be sending her some information via email. Dyanne asked us to send this information to her son '6 email address. as his computer is connected to a printer (which she referred to as a ?copy machine?) and hers?? Is? not.- We informed Dy?a'nne that she could? access new email account from her soti' computer and.- then view and print the attachments from were ifshe wanted to She was more than a bitsorpr'ised to hear that she he'dacoessi to her email? Man a computer other than the one that" is on loan to her as part of her coursework We are mindful Dyanne is nearing the end of her computer skills training program and. ii she may be found ?"employable. at least from a vocational perspective The updates you have sent us addressing Dyanne performance indicate that she is may be meeting the requirements of her program. Can you please advise whether there are tests or assignments that must be completed within time constraints? Without pro?ciency in this kind of setting I don't see how she Will be able to pass employment soieeriing tests. or- perform adequatew after being-hired; When! askedhertp make sure she saved sit her . work on her drive; She did not. know what [was talking about. After I explained in greater detail what I was refie'rrln'g to. she did recall that there was a ?thingy" (her word) attached to her computer. Currently. Dyanne is in the process of scheduling her knee surgery and have been trying. on her behalf, to speed up this process. It is expected that- she will not beamedicaily released until after she has recovered from her procedure At present; I also want to share with yoti my observation diather- hearing seems-to deteriorated; It has become?: to communicate drier meltefephoner? if=l:" don?t see how she will he able to satisfy a?iture em ployersregdirernent?diat she answer .c I I . 3?s} 20619352126 mamomasomom khnason.com Seattle?WA 93115 205.517.2928 . . 10-02-08 .Apr.30. 2003 ?0.1163 P. 2/2 In Re: Dyanne O?Halloran April 29. 203 Page: the phone in a professional setting. I note that your observation about some decreased hearing is included in your plan. but it is somewhat minimized. I have asked Snohomish County PUD to provide me with any audiograms or other hearing tests they may have conducted during her employment there. I will certaan let you know what. if anything. pertinent learn. In the meantime, please know that we have tried our best to encourage Dyanna through this re-trainlng process, but our primary concern remains that she may not be equipped with the skills she needs to meet the requirements of the clerical work she has been trying to leam how to do. if you have any questions or would like to discuss this further. please do not hesitate to contact me directly. Si cerely, n'ne L. Mason Attorney 10-02-08 Katherine Mason From: Sent: Wednesday, April 30, 2008 1:09 PM To: ?nIJones Subject: Dyanne O'Halloran Attachments: Hi Jim, As Dyanne has completed the training with Office Careers this week, I need to address concerns that I have had and now Dyanne's attorney has (see attached letter below). When I spoke with Dyanne on Monday, we had some discussion about her training. When I asked her if she had purchased a flash drive, she did not have any idea what I was talking about. When I described it to her, she defined it as a "thingy," and her attorney reports this is also what they were told. Although at times when we discuss software programs, she has spoken of things she has learned, she also appears confused on the overall operations of some of the software. I told her I would be emailing her a resume and she would need to save it on her flashdrive. She said she did not know how to save things from her email onto a computer or a flashdrive, and she was completely unaware that she could access her email from any computer. As I would be making an employability recommendation, I need to be sure that Dyanne has sufficiently demonstrated the skills and abilities to be competitively employable in entry-level office jobs with good keyboarding, 10-key, Internet, email, Word, and Excel, and also a brief introduction to Access and PowerPoint. As her attorney has requested, I need to establish whether or not there are tests or assignments in Internet, email, Word, and Excel that Dyanne has had to complete within time constraints, and if so, how has she performed? In your opinion, is Dyanne competitively employable in entry-level clerical jobs based on completion of the current training? Please also provide a copy of your final progress report on Dyanne this week. Thank you!! (See attached file: Sincerely, Chrissy Pierce, M.S., CRC Favorite Associates, Inc. (425) 252-7575 (206) 660-3687 fax Confidentiality Notice: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 10-02-08 Dyanne missed training both on Monday and Tuesday because of issues with her mom. She came to class today and we worked on Access which she was having a great deal of trouble understanding when working on-line with me. She does much better when physically in class but it has been a constant struggle to get her down to the Renton School. Today was maybe the fifth time since she began training in Oct. that she's been here. She is now scheduled to complete her 66th day of training on Friday. As to her employability--She should be fine with her keyboarding, Word, Excel, PowerPoint, and basic Access. She knows how to use Instant Message and send and receive files using that system. We did not have her save her work to a flash drive so I'm not surprised she doesn?t know anything about that. She sent everything by IM and we have that all stored in her file. She has been able to complete her assignments (with the exception of Access) in a timely and professional manner. We ran out of time before she could get to Outlook, so again I'm not surprised she doesn't know much about email. She would not be able to use a phone for work because of her hearing disability and I must repeat things many times to her before she understands what I am saying. We usually spend the last week of training reviewing material, but, because she was so far behind, that has not happened yet. I'm hoping to do that tomorrow and Fri. She will need a lot of coaching to be able to express her skills verbally to a potential employer. Ideally another month of training would help but I realize that may not be an Option. I hope that answers all your questions. If not please feel free to call or email me again. Jim Office Careers Subject: Dyanne O'Halloran To: From: CPierce@favoriteassociates.com Date: Wed, 36 Apr 2988 13:69:24 -6766 Hi Jim, As Dyanne has completed the training with Office Careers this week, I need to address concerns that I have had and now Dyanne's attorney has (see attached letter below). When I spoke with Dyanne on Monday, we had some discussion about her training. When I asked her if she had purchased a flash drive, she did not have any idea what I was talking about. when I described it to her, she defined it as a "thingy," and her attorney reports this is also what they were told. Although at times when we discuss software programs, she has spoken of things she has learned, she also appears confused on the overall operations of some of the software. I told her I would be emailing her a resume and she would need to save it on her flashdrive. She said she did not know how to save things from her email onto a computer or a flashdrive, and she was 10-02-08 Katherine Mason From: CPierce@favoriteassociates.com Sent: Wednesday. April 30, 2008 2:18 PM To: Mn1Jones Subject: RE: Dyanne O'Halloran Thank you Jim, that is very helpful information. Do you feel as though she would need another month of training with you, or just another month so that I would help her with job coaching? Technically, Dyanne does not have any additional money available, but she does have up to an additional few months that I could extend her training with approval from her claims manager, if need be. I also wasn't clear yet on how quickly Dyanne gets her assignments done (within a day or few minutes or weekly, etc.), and is she ever tested on what she has learned? Do you think that if she was put in an office and told she needed to send out 16 letters bill a client or send a letter somewhere, that she could easily open up Word or Excel, prepare the itemized statement or letter and get them all sent out? Would you be able to give her Outlook and flashdrive training if we extended her time another month? Thank you again! Sincerely, Chrissy Pierce, M.S., CRC Favorite Associates, Inc. (425) 252-7575 (266) 669-3687 fax Confidentiality Notice: This email message, including-any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply eemail and destroy all copies of the original message. Jim Jones To: l.com> cc: Subject: RE: Dyanne O'Halloran 64/36/2668 61:54 PM