Request for hearing by the Commission to address issues as per the enclosed draft.
Prepared by
Public Health Education Research Network (PHERN) 11-29-2004
Kris Kostenko, Attorney
Michael Kostenko, Medical Director
With interested parties including:
The people of West Virginia,
The Worker groups of PHERN
and
The West Virginia Workers Compensation Commission (WVWCC)
In the matter of an organized conspiratorial enterprise as defined herein committing an ongoing pattern of
unlawful acts,
that
endangers worker and public health, insults the democratic process, defrauds the West Virginia Workers’
Compensation Commission, hinders state commerce, and damages the business and practice of Dr. Kostenko.
A collection of private associations, organizations, corporations and individuals have evolved into a defacto process of
decision-making with regard to injured and occupationally diseased workers in West Virginia which (a) endangers worker and
public health, (b) denies timely and proper medical treatment for injured and occupationally diseased workers, (c) defrauds
the WVWCC in violation of W.V.C. §61-3-24h, (d) hinders interstate commerce, and (e) damages the business and practice of
Dr. Kostenko in his attempts to lawfully treat injured workers. That defacto process of decision making points to the existence
of an enterprise of the above-mentioned entities and the purpose of the presently requested hearing is to:
Establish a description of the enterprise including the motive, opportunity, means and structure of the enterprise.
Provide evidence to support claims for the existence of the enterprise as a Racketeer Influenced and Corrupt Organization.
List the various illegal acts of the enterprise as defined by West Virginia
compensation law, West Virginia criminal law and Federal RICO law.
Prompt the WVWCC to fulfill their duty as specified in W.V.C. §23-1-1b. to completely investigate and prosecute
all components of the enterprise based on the charges included herein.
PHERN requests that this matter be heard initially before the Honorable Timothy Leach, Chief Administrative Law Judge.
PHERN requests that in the interest of justice that as per §23-1-1b. (g) (15) (A) ---that the commission
be represented by the office of the attorney general.
Preface of the issues to a complicated case
Does it always seem like a battle worth fighting?
Collectively I mean.
Not some less than others,
Most people do not even recognize the evil,
Let alone try to fight it. (Angel)
Evil is something that brings sorrow, distress or calamity.
Evil is the fact of suffering, misfortune, and wrongdoing.
Evil is morally reprehensible.
Evil arises from actual or reputed bad character or conduct.
Evil causes harm. (Webster’s)
Evil-doer is one who does evil.
Evil-doing is the act or action of doing evil. (Webster’s)
Evil is banned or inhibited by social custom and emotional aversion.
Evil is banned or inhibited by laws. (Taboo)
Nuremberg code, Helsinki declaration, and Belmont Report moral and ethical guides.
OSHA and MSHA worker protection law and purpose.
Health and Human Resources law and purpose.
West Virginia Public Health law.
West Virginia Workers Compensation law. (Ethical Guides-References)
The evil-doers use deceit and coercion in conspiracy,
Motivated by the liability of the harm, sorrow, suffering and calamity caused by their evil actions,
Motivated by the moral reprehensibility of their evil conduct,
To fraudulently deny from and exclude from use, approach or mention,
The object, word and act of their evil conduct. (Fraud Investigation)
Opportunity of conspiracy is afforded by the ideology of the conspirators,
To corrupt and influence the democratic process,
In exploiting social customs, morals and laws that ban evil,
From recognizing the evil.
Rationalization is the very taboo of the evil,
And a refocus of the effect of the evil as a willful and voluntary deceit of the victim,
Which is itself an evil and illegal conduct of the conspirators,
In violation of federal RICO purpose and law.
_____________________________
Michael Kostenko DO 12-10-2004
