The Troubleshooter 8-1-24

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I know Mark loves when I say this.

But I change nothing here, nothing, no settings and things change. They say, what did you do? I said, I did nothing. It's the same old song. Hey stop that, that's Shannon making us. But really it's the age old thing.

What happened?

Nothing happened, Nothing happened. Everything's the same. I change nothing, everything's set in stone. And then these guys wonder what went wrong? Anyway, that's technology. Let's talk about your life. Mike wants to talk about workers. Compton Deputy Doc says he has a follow up, and then I have a weird, weird, weird inquiry about a bitch. Okay, Mike, what's going on?

Okay? Yeah, I had a workman's comb accidental back pretty much my right side shoulder.

What happened? What happened? Man?

I pull cable for a living. I was doing glow volt underground work and pulling conto it and things, digging trenches. Yeah, and we were pulling off a big spool to come to it. It's about a two thousand foot school at about two hundred feet, pulled out the spool, rolled back, twisted me around, put me on the ground.

How did the spool recoil?

There was another guy in the end that's supposed to keep it moving, but we were shorthanded that day.

Did it pull your shoulder?

It completely whipped me around, twisted me completely around, pulled my shoulder and twisted my back everything all in one motion there and laid me out.

Wow.

Okay, So what's going on?

Bro?

And that's a terrible thing to happen.

Yeah, I was a little painful. I went to the you know, suggested Workmen's Comp concentra that the.

Well, yeah, when when the employer and by the way, just for those listening, workers Comp was established to make it possible for companies to do business without threats of lawsuits.

So they established a schedule.

Of injuries and payments and insurance and blah blah blah. Okay, Now for the most part it works okay, but it's become pretty abusive because some of the carriers were workers comps set up docs and and really you put in a claim, you go to a doc, and most of the time, unfortunately, the doc says, yeah, you had a problem before, the work didn't cause it, or you don't have a problem.

You can go back to work.

It's it's unfortunate, not all the time, but sometimes they tend to skew toward the work, the the insurance company and the employer, and so you sometimes have to get an attorney to fight for you. But you filed the workers comp claim and you were sent to an independent medical examiner right or to the workers comp doc.

What happened?

Yeah, well, I can cent her. The very first doctor saw me, he did an extra in my back just told me he had an old back. He wouldn't do on on the shoulder or the elbow. As time went on.

He well, how long ago is this injury?

Bro?

How long?

Twenty one? December of twenty one?

Oh my gosh, Oh my gosh, this was December of twenty twenty one.

Okay, so keep going. What's happening now?

All right? So anyway, six weeks at reab. He sent me down to physical therapy for six weeks? Did that? He went on. In the meantime, his pa was seeing me. His PA and the PT both suggested I get an MRI on my back, on my shoulder. The PA ordered it, the insurance company approved it. He comes back in vacation. I've already had AMRI.

Do me a favor, Mike, do me a favor. I'm going to let you tell your story. What are you complaining about today? I mean, in a word literally or a sentence. Is it billing? Is it therapy? Is at work?

What is it? But in general?

Uh?

Basically, he didn't. When he came back to vacation.

He basically, what are you complaining about? Is it the billing part?

Money?

Does it have to do with money? Does it have to do with your job. Does it have to do with care?

He caused me to lose my job. I quit all my care after six weeks that I was healthy, Okay, didn't I didn't do any follow ups any So he said, you.

Were medically you reached what was called maximum medical improvement, and you should go back to work.

Yes, though the insurance come here to prove the MRIA. I never got it on my shoulder.

Oh you never got it? Why didn't you? So the doc said you reached MMI.

Yeah, the day he got back in vacation.

The first rank got it. I got it, man, I get the vacation part. And how you didn't like that? So the doc said, you reached. And by the way, none of this has anything the reason I'm saying.

He said you reached MMI.

And you keep saying, well, he came back from vacation, I was under his pet, his physician's assistant, blah blah blah. None of that matters. None of that matters when it comes to appealing. And I'm assuming you appealed, because if you didn't, you ran out of time. So back in, when did he say you reached maximum medical improvement?

On January twenty first of twenty two.

Wow, what a month later?

Yep?

Oh man, that was fast. Huh okay? So then what so you created? So they were expecting you to go back to work and you didn't feel like you could. So let me make along. Did you get fired or did you quit?

I get fired? Basically they let me go since they.

Can Now why did they?

Did they let you go because you refuse to go back or because when you did go back you couldn't do the work?

What was it? What was the reason they gave? Officially?

I could not go back to work. I asked for light duty. They wouldn't give it to.

Me, okay, And so then you didn't show up.

Then if they they didn't give you light duty, and you thought, man, I can't do this right right, Okay, I get you? And then they said, well, if you can't do the job, you don't get you.

You don't have your job anymore? Right?

Right?

Did they make Did you make any kind of settlement whatsoever? Did you hire an attorney?

Did you do anything to help yourself? Yet?

Yeah?

I did all of that.

Now did you have an attorney?

I did?

What did the attorney do?

He pretty much folded on the first offer.

Well wait, wait when you say offer, is this an offer after they fired you?

Yes, this was almost a year later.

Did the doctor claim that when you reached MMI that you had any percentage of disability?

Nope? He said, no limitations, no restrictions.

Okay, okay, now you disagreed with that. So when you hired the attorney, it was to go sue them because you thought it was a bad deal.

I was just going through the workmen's comp process, going to the hearing.

And did you have a final hearing and did you have an outcome?

No?

We never made it to the hearing because my lawyer wasn't prepped and he said he'd have to postpost.

Where does it stand? Is what I'm asking man, Where does it stand? You didn't get a final ruling, so where is it? Is it still in litigation?

Now?

We settled because my lawyer, like I said, he wasn't prepped. He said, how much did.

You settle for?

Sixty?

Okay? Now you're calling for what that?

Now?

I got it.

You don't like any of this. You settled for sixty. When we come back, I want you to I want to know what you want us to do. We're going to prime our attorney who does workers comp to have them standing by so we can give you some advice. Get Cliff Enton on Enton Law Kachina. I'm Tom Martine. This happens all the time. However, sometimes people may wait a little too long. I don't know what's going to happen here. But for everyone working, you want to hear this, okay.

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I want to get cliff Enton on. I'll call him, I'll get him on.

We're just gonna call him from my phone here and uh try to get him on here. Three oh three seven one three talk seven one three A two five five. Hey, what's happening though?

Really?

Uh, we're going to try to get an answer for this worker's colm. Uh but uh so please hang on, Mike. Okay, I promise you, we'll get to you.

Sherry. What's going on with you? Sherry? Welcome?

Yeah?

Is it Tom?

Yes, it is Sherry. What's happening?

Okay?

Oh my gosh?

Okay?

So I was hired by so many toxic I was hired by an agency to be a home healthcare provider?

Okay, so it was an agency that you worked for?

Yes, great?

Correct, all right?

One week short, one week short of a year. So what happened is I'd gotten even great Google reviews that I was doing a great job, never once caught a complaint. I had kept asking them, how come I'm not getting paid for two people? I should at least be getting twenty you know, I was getting sixteen?

Why were you let go? Though? To begin with why Okay I missed that part because.

Okay, why I was terminated? Where what it came down through? This all happened in a three week period. I injured myself trying to protect the woman from a fall. And this is after I'd already been complaining about Hey, I went to the doctor. She now wants me to go to the emergency room. But now they're ignoring me. They terminated me in the moment because they claimed and I stole a ring, but then they found it.

Do you think they were looking for Sherry? Do you think because you were complaining about pay and you got injured, they're thinking this girl's like she's trouble.

Yes, I think. But I lasted the I mean I it was my first I hadn't complained, There had been no issues. Like I said, they loved me. They would sometimes, you know, they would buy me gifts. I mean, it was never a complaint, never want to complaint. And then the woman.

Then, but what is the official reason you were like, what is the official reason you were let go?

The official reason was that I stole the ring, but they.

Found the ring since and how do you know they found it?

I heard from the son who lives in Florida because he still talks to the couple that I took care of because they didn't want me gone. They were so sad and they kept begging for me to come back, and they were they.

Were so they told you.

They actually said to you, Sherry, we have to let you go because there's a ring.

Miss.

Yes, I'll have it all in text. It was all done.

Oh good, save that, save that, save that. So then what happened after that?

Okay, so as they won't communicate with me now?

And did you not get did they withhold? Did they withhold pay?

Yes, they've even withheld pay.

I think how much pay.

So far?

It's what they want paying me that they should have been because I had contacted Medicaid to find out was I supposed to be paying because Medicaid covered them.

And that's yeah, but you don't necessarily, Shrey, you don't necessarily get what Medicaid reimburses, you get whatever.

I know that, but I wanted the two people pay, not one people pay. That's all because I know they get something like thirty six for patient or something, but I was only making fifteen. I was fine with that.

But here's what I need Cherry, I need to understand this. Now you're saying that in one household you were taking care of two people, correct, And you're saying that when you went to work, it was your understanding you would be paid per person.

Yeah, because that's how it works.

Like, it doesn't matter.

It doesn't matter what Medicaid pays for two people.

They don't know that.

But I was just letting you know they were there, both covers.

But it doesn't matter, Sherry, Sherry, Please, I want to help you, I swear to God, but you have to have the right argument. If you go in saying there were two people, they weren't paying me for two people and Medicaid they're both covered. But your job was to get paid by the hour, no matter how many people. You don't have an argument. I need to know what was your agreement with the agency when you went to work.

What did they say, Okay, So how I did it was they said for the first four hours you'll be paid for the life, and then for the second four hours. But it was always you know, I worked way more than forty two hours a week, but they said then the second four hours will be the husband, and that like so they would separate it like that.

They would do so you would only be paid for one at a time, is what they're saying.

Exactly.

Yeah, because they were trying to profit more. I understand that. But however, if you agreed to that, technically, if you were supposed to divide your time, then they don't have to pay you anymore.

Okay, So then all right, that's that I understand. But then and I would have been willing to accept that because I just could think and we talk about it, and we talk about it, and they would always just not. So then what happened was I got injured. And that's why I seen. Then this happened because the lady had a procedure. So I saved her from a fault. I get it telling you, Yeah, so I got her though.

No, I get so they can't.

They shouldn't fire you for being injured or for complaining. But but what I want to know is how long ago was this.

This was all done about two and a half weeks ago. The final day was July third. Chances of the day they terminated me.

Okay, now here's the deal.

You're going to have a good argument, maybe for retaliation, I don't know. I don't think you're going to have an argument for not getting paid enough if you agreed to split your time.

Now, I know what you're saying.

In reality, there's no way you have two hours for one, I mean four hours for one or four hours for another if you're there caring for the second one and the first one has an issue.

They were just they were just sneaky.

They're trying to get double reimburse for Medicaid but only pay you for one.

I get it. I get what you're saying.

But they are two separate issues, really, and it sucks.

It really does now.

Because there's even a third issue.

Though, what's the third it's the third issue.

To fire me? Fire me?

When they claimed I stole that ring?

Oh that's right, that's right. That was a false accusation. Now are they Do you have in text from the own Do you have in text from the homeowners that they found the ring?

No?

I have a talk with the sun Well they.

Okay, what I'm asking is this, if you challenge talk to me, Okay, But if you challenge the agency, will the sun come to your rescue and say we found that ring?

Well?

Yeah?

And they instead, when I was trying to talk to something, they said because originally they said we want you to take a polygraph. I said, absolutely, step me up.

I'm good with that.

And then I kept waiting to I've been fired. And I was desperate because how am I going to get a job now? How am I going to go say when I've been accused? And so I texted something or called saying, hey, I heard the ring was counter I need to know where to take this polygraph? He says, you would reach me, the investigators would reach out to me, and they said, do not contact anymore. So I had and they said unless it's illegal, And I'm like what,

Were you a W two? Were you a dou W two employee?

Okay, you know we need to figure this one out because I think they're they're putting the screws to you. Now whether we can legally do something about it. We're trying to get Cliff Enton on, who is an attorney that does workers comp and other stuff.

He might have some insights.

We're trying to get him on for Mike's workers comp issue. If you can hang on, we can kill two birds with one stone, So hang on. I'm Tom Martine. Are they playing sneaky? Sneaky? And I wonder if it violates any Medicaid? Maybe we get Mark.

Who is that uh he left?

He left from it?

Okay, we had someone, uh angel, some kind of angels help or something that helped with older people with older issues healthcare and all that home health. I wonder if she would know about the rules for Medicaid or when it comes to home healthcare. I think what we can do is look into that too. I'm Tom Martino. Three oh three seven one three talk three oh three seven one three eight two five five eight eight eight Heating dot Com good honest people. You know we get no

She's being ghosted now.

Out of curiosity, Sherry, who is the healthcare agency? Because the reason I ask we had an issue with a healthcare agency once?

I just want to know who is it?

Well, it's do you think I'm legally allowed to say that?

I don't know.

Hold on, Sherry, Sherry, what do you what do you mean legally allowed.

I just don't.

Well, no, here's what I'm saying. It's America. It's called freedom of speech. Now, if you're lying.

About them, then it would be to your peril. Okay.

So if you're saying that you work for them and it's the truth, give me their name.

Okay, First Premiere Home Healthcare, Premiere Okay, yes, first, it's called First First Premiere.

Home Health Okay.

I want I want Deputy Doc to give them a call just in general, to say what about I want them just to call to ask why they're not talking to you. And if they refer us to an attorney, Doc, get the attorney's name, you guys, We're gonna try it now, Doc, So hold on all right, Sherry. We're going to try to get a hold of you. And then for some reason Cliff is not available. We're trying to get where is he on? Is he out of town or.

What Cliff is overseas? Damn it? Okay, got it? Got it? Got enough? Said? Okay?

Who do we have for backup on that? For workers com? See if John Fuller knows about workers comp and if not, we just may have to call someone else because I just need to figure this out. On both of these issues. They're really good topics. So let's check with Fuller and if not, we'll have to figure it out. But meanwhile, that's what we do. We rely on our experts.

Now, yes, I have some good follow up, but yeah, that's what I was going to say. I was going to go to yours. So what is it? What case are we talking about?

Ronda?

Yesterday? Got it? Ronda had a T mobile damaged and this is really weird. She wanted to replace the screen.

So you pay ninety nine dollars deductible and under assurant, they send you a rebuilt phone, you send yours back. To make a long story short, they're claiming hers has not been scanned into the system, so they charged her four hundred dollars for having two phones. She said, I sent my old phone back and it was just a cluster.

And I said, you know, Doc, she needs some help here. So what's going on, man?

So anyway, I call Rondo after the show. Yeah, and she said, you know what, T Mobile heard that Doc was on the case. They called her without my having to make a call, and they're giving her money back.

And that's T Mobile, right, that's correct.

Good, you know and you might joke about that, but the fact, you know, the fact that you get on the radio and talk about it, they hear about it, the people. Yeah, you know, after she was on the show, she got a refund. Right, So I'm going to do this. And by the way, you don't have to do a shan And I have my own when I'm at home, I have access to my own dinger. So yes, Doc, that's the good news.

The bad news is, remember Dave called about his dog.

Oh wait, wait, wait, wait wait wait? Which one was that? A year old puppy with a micro chip?

Right?

Oh yeah, yeah yeah, let me let me give that. Let me give that recap for people. So what happened was this dog had he adopted a puppy with a microchip from dumb friends league. Now apparently there were two microchips because the information in there. He had the old owner plus him. Apparently, according to David, the old owner abandoned the dog.

Okay, so he adopted the dog.

It got out of the yard twice and then when it was recovered, most recently, it was taken to Riverside shelter. They called the original owner and gave the dog to her. And now the original owner says, this is my dog. I never gave up the dog. David says, oh no, you abandoned it, and we have a record of that, or supposedly dumb friend's league.

So what's the story.

Well, I told him to go down to the dumb friends league, thee on Quebec and Ilift. Yeah, of course they so waled him. They said, sorry, we can't help you. The chip was put in there first, so that's the one that counts. And they wouldn't show him any documentation.

Well that's because they don't have any right.

Well, they wouldn't show many documentations that the lady relinquished the dog. So at this point it's so said, too bad, you can't have a dog back. So you know, apparently I'm gonna go down there because it's on my way home and see why they can't give him. If what they say is true, they should be able to provide a copy of.

How about this?

How about this? How about they did not get anything where she.

Abandoned it?

So what so what if that dog was lost and never returned to her rightfully and they adopted it out, they screwed up by not scanning that original chip. Now, According to David, they did scan it. They called the owner, and the owner said they didn't want the dog.

But that makes no sense to me. Why would an owner.

Two years prior say I don't want the dog and then two years later say I never I never abandoned the dog. I mean, I believe the original owner. It's not that I don't believe David. I think David got wrong information. There was apparently a chip in there, and that chip is an older chip with the older owner. And if I lost my dog two years ago, I would be upset. I mean, so what that somebody else adopted it?

Now?

Now I might if there were kids involved, there's something have you know, maybe approach it a different way and say, okay, you know, dog's happy, you can keep it. First of all, I don't like the idea that the dog got out twice? So what kind of dog is this?

Do we know?

I know, I didn't ask. I didn't think it was.

It was relevant. It was a Pomeranian. Oh, a little dog.

But can I please adjust your vision to line six?

We have Marco Bendinelli on for those.

Works, Okay, but I have to take a break. I want to give him more time. Thank you for getting Marco. We can talk to Marco Bendinelli coming up three O three seven to one three eight two five five. Go with a sure thing Denver's best roofer Excel Roofing dot com.

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Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Tom Martino here at three oh three seven one three talk seven one three A two five five. Uh, Well, we're here to solve problems and answer questions, and we always talk to our experts. So I'm going to go to see what MARKU has to say about either one of these.

And Marco welcome me and Minko comus.

Hey, listen, Marco, what on.

On this stuff? Here? This uh workers comp stuff we always hear.

No one told me what was going on, so you lay it out a little.

Bit okay, good on workers comp. Do you ever do workers comp?

I know workers comp very well, Okay, all right, when I began my career, that's primarily what I did.

Okay, I don't do.

It day to day anymore. But the statues haven't changed I know.

Now, Marco.

So with with with workers comp, just a real short answer, which would would for both cases. Are they allowed to fire you after an injury? Or when is it considered wrong to fire someone after an injury?

Well, the you know that if they fire you improperly, that's not a worker's comp issue as much as an employment issue. You wrongful determination, wrongful discharge. But what happens is when someone is under restrictions, Yeah, and they're getting wage loss benefits. If they terminate you, they got to continue to pay your wage loss benefits, whether you're working

All right, here, let me give you the story. Now, I'll give you the actual story. Mike was working and pulling cable and injured his shoulder. Now he already he went to one of their docs and sure they claimed that he had reached MMI with no limitations, and that was basically a month later. He disagreed. He really felt pain and disagreed. So at the time he asked for limited duty and the employer said, no, you were released with no limitations at MMI maximum Medical Improvement, and so

Mike?

At that time?

Uh?

When Mike first and foremost? Did you get fired or did you quit?

It was pretty much mutual. I couldn't do the job, okay, got it on the book and that was January twenty twenty two. Is that right correct?

And then after that, hold on, there's more to it, Marco, he sued them, And what did you sue them for?

And go ahead, I didn't see the company. I went through the workmen's comp process, got a lawyer, all of that, got ieme.

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You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.

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This is the Troubleshooter Show.

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We were talking about workers comp, termination, employment, all of that. I have Marco Bendonelli with me from CEO law firm dot com one eight hundred attorney as his number, and Marco was uh. We were explaining that Mike he was with he made a settlement with workers comp, so he didn't he didn't like the way he was.

Treated the first time around. We get it.

He said, the doctor went on vacation, wasn't paying attention, denied him some treatment.

Blah blah blah.

But then the doctor declared after coming back from vacation that he was at maximum medical improvement. And you know, Mike said, I just couldn't do the work. So Mike basically left the job and they let him go. I mean, which came first doesn't matter, but he said, hey, I'm

Okay, I'm looking at for surgeries right now. None of this was discovered until after the settlement because my primary care wouldn't interfere ongoing open workman's comp case. So I was not getting any medical care up until the settlement.

Now, Mike, Mike, I'm hearing you, but I want to say a few things. First of all, there's nothing preventing you from getting medical care, or medical advice or medical treatments at all. Your primary care had no business. You're not asking him to interfere. That's a whole separate issue. But I know you're trying to make the excuse that you settled without knowledge and you didn't know how bad your situation really was, So Marco, where does he stand

Mike?

Not necessarily, I mean if that's possible, Well, you're.

Trying to get more money, aren't you. Isn't that the bottom line?

Yeah, I've lost income, quality of life.

Okay, that's called reopening the case. Or do you want to take a separate action against somebody?

Or you don't know or you don't know.

Right, I don't know. That's why I'm Mike, Mike.

That's a good good questions. So Marco, the guy's pissed off. He said, Look, I didn't have enough information. I didn't think I had good treatment. I made the settlement. Now I'm sorry. I did I think someone still owes me money? Can I go after someone separately? Can I reopen the case? What would you do if he was sitting in your office, Marco?

Well, what I would say is, first of all, he must have overcame the first opinion that he was at MMI. You know, how did he go from look, there's nothing wrong with you to sixty thousand dollars? Because when they file that, it's called a final admission, where they put you at MMI and they give you no impairment rating. You have thirty days to contest that. So did he do that? He must have right, so you know we need to know that.

But but what difference does that make? He said, he hired an attorney and they went after workers come.

Well, because that means that you know, so if you if you contest mm I, then that means you got treatment inside of the work comp system and for sixty thousand dollars settlement, probably at least one surgery, Is that right?

I haven't had any surgeries yet?

But how did you arrive at the sixty thousand dollars?

Like it was just we went, uh, we were supposed to go to hearing. We didn't get to hearing because my lawyer wasn't prepped.

You're blaming I know, see Mark who he's blaming everybody for what he did. But but you did you did accept the sixty thousand dollars?

Was that their first offer?

No?

Okay, that's thirty settlement went home casey and one m sixty.

They went from thirty to sixty. So what I heard you say? You were complaining about the work comp doc. You were complaining about your primary care and you're complaining about your attorney.

Are you basically saying you were screwed?

Yeah, Marco, Well you know, I mean there must have been some medical evidence that your lawyer had as ammunition to go from no impairment rating to we're going to pay you sixty thousand dollars. So, whether it was your PCP or another physician, you had to go somewhere and said, look, he's not at m am I. The guy has a you know, torn rotator cuff, like you know, did Jeff or whatever I or something? You know, he had to have something.

Uh.

Yes, the workman's comp sent me to a doctor for Miami. He concluded that he was pretty positive I had a tour tearing my shoulder. At the least he wanted a complete reavow on my back. Then the insurance company sent me to their doctor who basically said I as a liar and a fraud and there's nothing wrong with me.

But apparently they came up from zero to thirty, then from thirty to sixty. But Marco, I must ask you, why does that make a difference in his question?

Now? Can he reopen or go after someone?

The reason it matters is because if you got care and treatment under the camp system, then you can reopen under a worsening of condition. But if he did a full and final settlement, and inside of that settlement, he may have agreed to not reopen the case. Okay, so that's why I'm asking these specific questions.

Got it? So, Mike, was it a full and final settlement?

In the paperwork it said if I wanted to reopen, I would have to repay them with sixty thousand dollars and then reopen.

I don't know if that would stand up. But you know, you can reopen from a worsening of a condition. I've never seen a clause like that in a settlement.

So I can't wait.

Wait, wait, he can reopen for treatment, not for cash settlement.

Well, the reason you get a cash settlement at the end of the case is due to the impairment that you sustained. There is no non economic damages, quality of life stuff like that. Inside a comp there is. Okay, when they give you an impairment rating, you get paid on that, but that is to that represents future loss treatment, I mean future loss wages based on that impairment rating. It's not a there's no non economic component to workers compensation. Everything is economic, so what I know.

So what you're saying is they must have seen that he will need additional care and they estimated sixty thousand dollars.

Well, or gave them sixty thousand dollars to go away.

But is it possible I.

Think I believe for them to put that inside the settlement agreement. That may be you may be able to strike that as void as against public policy.

Listen, what you need a little different issue.

What you need, by the way, is a complete You need a second opinion. But Mike, I'm gonna tell you something. Normally, these are full and final settlements. They don't toss sixty thousand dollars out without it normally.

And I'm not giving you legal advice.

So I'm thinking you're not going to be able to reopen and go after anybody because they're going to say you settled. You're going to try to make the argument that you settled with bad advice.

But it's not gonna with that work.

Marco, Just for argument's sake, if it is full and final settlement, does he he can't go back right even with a worsening condition.

It depends on the language of the settlement agreement and the current case law regarding that, because there was a case that came out and said the comp carrier can't prevent you from getting future medical treatment based on that injury.

Okay, even with a settlement, even with a full and final settlement, that's correct.

Okay, that case has been overturned. But I would have to look at the settlement agreement, you know, and to further analyze this thing.

So, Mike, that's where we're at.

Man.

How long is the settlement agreement? Like sixty pages? How long is it?

Oh?

Wait, I don't know. It's not nearly that.

Long, Okay. I mean, look, I would love.

To just three or four pages.

I would like to just get I would like to get a review.

And I don't mean a real legal review like that, but just a cursory.

Look at it, just to see what Mark thinks. I would love it.

Mike, if you want to send it to us, we can forward it to him just for the hell of it. We would like to do that, but like I said, it might be too late, man. And then you know, but really what you're doing is you're saying my condition worsened, and Marco's going to see if the full insid final settlement avoids that, or current case law avoids that.

We have more coming up.

Sherry has another question I love Marco's opinion on, and that's Marco. When he's not here, you can reach him at one eight hundred Attorney.

What a great number. We've got more coming up.

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And here it is.

Sherry was working as a home healthcare worker for a healthcare agency and she was sent to a home to care for two elderly people. Now, on a side note, I think the agency was trying to trying to profit on her a little more than fair, but I don't see anything illegal in my opinion, again, not your opinion. But let me explain Medicare or Medicaid. I mean it's Medicaid they were on, right, Sherry, correct, Yeah, Medicaid, which

But whatever it is.

The way they did it, they sent her to a home where she was caring for two people. But what they told her to do is to be there eight hours and to divide her time, So she gave four hours to the lady and four hours to the man. She believes they're being so she really got paid for an eight hour day one day, just a normal whatever. She agreed to work for she thinks she was underpaid because Medicaid was paying for two separate clients, which would have been higher than her daily rate.

And I told her.

One doesn't have anything to do with the other in my opinion, because she agreed to work for eight hours period, and whatever her employer has her do is what they have her do. And if she's if she's working four hours for one client four hours for another, that's up to them. Now, now that's what I say on first blush, But there's never a clear answer in the law, and that that's not the main issue, but that's one of them. So would you think that Medicaid would look askew at that?

You know what came to mind as you were describing that, having had some personal experience with home health care companies, and I don't want to disparage all home health care companies, but they could have let's you know, we'll include this in the realm of possibilities, have double filled medicare eight hours for him, eight hours for her. Now, what you said originally is accurate. She agreed to work eight hours,

Right, Okay, I get it.

She could turn him in if she wanted to get back at him, but in reality it doesn't. It doesn't mean she gets more money.

Exactly precisely.

Okay.

Now on another issue, this is the one she said she saved one of the clients from a fall after surgery, after the client had surgery and she hurt herself and she was terminated. Now stakes claim she was terminated because there was a ring that went missing, and.

They put that in a text to her.

She said, since she was terminated first and foremost, they ghosted her. But she heard from the client that the ring was found. So I don't know why they gave her a reason for termination.

Marco. I thought, in this state, you don't have to have a reason.

Well, you know, unless you're terminating somebody because they got hurt at work and you're trying to you know.

You're trying to find another reason. Right, So what if she can show they found the ring but she was fired, because then it looks like she was fired because of her injury, Yes.

But when did it happen?

How?

You know, Listen, timing of this stuff is important. So if this happened a month ago, and we can we have some medical records, or can get some medical records to document an injury, then she can prelude the work complaimt.

Yes, i'd have.

And when did it happen, Sherry?

I went to the doctor I think on the nineteenth and that was three days after I reported.

Nineteenth, the nineteenth of July.

Of June, and then they fired me the thirteenth of July.

Marco.

And how long had you been working there?

A year?

Okay, well, did you open up a work complaint?

No, because they've ghosted me. I'm not.

Oh hold on wait wait wait wait wait wait wait wait wait wait you were working there almost a month after you got injured?

The well, about three weeks? Yeah, they after I got injured. So I told them, and then I went to the doctor because they weren't reacting or doing anything, and she basically said, just st'll take time whatever. But then what happened is they I kept having these strange symptoms from.

Them who so they never put in a worker's comp claim. No, Marco what happened, but the.

Injured the injured worker can and you know, uh this is so recent. Depending on the medical records that you know, we could we could potentially open a comp claim. Now I see again the employment aspect, you know, wrongful termination you know, is usually really connected to workers' comp However,

So so then what my dogs will.

An emergency room?

I mean, because I'm draining spinal fluid is coming out my nose because of the head injury, and so she wants me to go to the emergency room. But I got afraid because I thought, what if I'm not covered?

So, you know, you need to do a notice of claim right away, right away?

How does she do that?

You can call down the Division of Workers Compensation and they'll tell you whether that employer has workers compensation insurance if they don't have a penalty for them.

All right, Vision of Workers Compensation.

And find out and workers company find out if first Premiere Home health Care has workers compensation. Now if they do have workers compensation, what does she do?

She turns into claim, She fills out a claim for him, and then within thirty days they either have to file a general admission of liability or a notice of contest. However, you know, this is why people need a work comp lawyer when they get injured at work. I can't tell you how many times I see people try to walk through this stuff themselves, and you know, and they become just as confused as to call her and I don't

And now what if okay, what if they do not have workers comp does she still fill out a notice?

Well, well, yes, she would have to do that. That's usually how it's determined whether the employer is insured.

Now does she submit it to the employer and the state or the insurance company or where.

The Division of Insurance, the Division of Workers Compensation Insurance Downtown Denver, And then.

They will investigate it.

They will investigate it. They are they are a neutral uh, they administrate this stuff. But they don't have a dog in the fight. And so what they do is notify the employer of the claim form.

Uh.

And there may be an apt look at statue. Maybe you send them a copy, but the Division of Workers' Compensation gives teeth to the statute. They they hold the employer's feet to the fire. And you know, and have a process that you can engage.

You know, this is really good information, Sherry. And he also gave good information to Mike. So do you know to do from here on? And call us back if you need help?

Okay, I would definitely do that. I appreciate everything. Thank you so much.

Could call my office.

Yes, I'm going to give the number out one eight hundred attorney for Marco.

Just tell him you were on the show.

A local numbers.

Okay, what is your local number?

Bet Marco three nine four zero ninety nine hundred.

Oh that's a good one. All right, Thank you so much, Marco. We appreciate it. Three oh three nine four zero ninety nine hundred Co Law Firm dot com and Marco, do you do workers comp in addition to your other personal injury work and stuff?

Did he hang up?

I'm sorry he might have hung up, but I think he probably knows enough about it that you can call him. We have more coming up on The Troubleshooter Show. Three oh three seven one three talk seven one three A two five five Go with a sure thing Denver's Best Ruffer Roofing dot com.

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Okay.

We have had of some really good topics and we'll continue to do.

So. Let's talk to Kim Kim. What's happening with you? Hi? Kim Kim people? Hello Kim? All right? Can you put her on hold? Then I just see where she is.

I'll go to Sandra or Sandra Sandra I'm Sandra.

Yeah, what's going on?

Well, I was listening to the program and I noticed you guys were talking about workmen's comp stuff. Yes, well, I have a question. When a person settles a workman's comp case and in that settlement is included one thousand dollars a month for the rest of your life in filing taxes federally, I don't have to claim that money, But why do I have to do it on state? Or is it state? Does is that considered extra income for state?

Was this in Colorado?

In Colorado?

Yes?

Okay? Now, normally.

Words for damages or for loss of something, it's not required. It's not income even for accidents and stuff like that, for pain and suffering and all of that.

So do you know what exactly you.

Said one thousand dollars was set aside as what like how does it read to the best of Do you have it in front of you like just that area?

No, I don't have it in front of me.

Ask now, was this a work This was a worker's com claim? Right?

Yes, it was a workers com claim and it's part of your Is it part of your settlement?

Yes, it's part of the settlement. What they did because I've been disabled for the rest of my life and I have to have continued.

No, then it's not okay. I can tell you with a certain amount of certainty that it's.

Not going to be taxable. Why did you think it was taxable on the state level.

Well, because, well, because that's what I've been told. I'm told that I have to file my taxes, but then when I go down there, they tell me I don't have to. So I can't find anybody that can really give me the answer whether I do or not.

Okay, I am.

I'm looking it up as far as my past calls, because I know we've had it. Okay, Disability settlements are not taxed as income. That includes medical expenses, disability expenses, and even lost wages, and it also includes benefits for wrongful death. If you, however, if you've been negotiating this and this is care, you need to know this.

If you were set, if you were negotiating.

This for a while and then they made you a final payment, a lump sum, and that lump sum had interest added to it because it was let's say, awarded, and then they were negotiating that interest would be taxable. But that's not what's happening in your case?

Right What they did was they set up a Medicare set aside for the expenses of my medical continued.

Medical right, that's right here.

Then they send me one thousand dollars right to my.

Bank, right and it is not taxable.

It is part of your goodness. It's part of your disability settlement right right here. Here's the summary of the law in Colorado. Workers' compensation settlements for disability are generally not taxed as income on the either the federal or state level. However, that they say generally because part if they have interest, that interest.

Could be taxed.

So so you can find it all over the place on the internet too. But who told you it was taxable? That's what I want to know.

Well, every year for tax season, they're telling me I have to file taxes, and I'm telling them, well.

Okay, maybe you do have to file, but you don't have to.

Pay do I have to?

So do I have to let them know that I'm getting the.

Thousands that I that part I don't know. I actually don't know that part, you know, But we can ask our tax preparer, why don't you hold on. We'll get a we'll get an answer for you. Okay, let's uh, let's try to get someone on Katchina from Atlas CPAs and Accountants. Now, Kim's got an issue with enterprise. We're going to go to her, and then Deputy Chopper has some follow ups right after this. Go with a sure thing Denver's Best Roofer Excel Roofing dot com.

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Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martina here, let's talk about this real quick here.

And I thought I had the answer, and I just want to double check.

Eric Reinemer Atlas UH Firms dot Com, at LEAs CPAs and Financial Advisors, and I'll give that number out for people that want to get some help with their small business or taxes or that kind of stuff. Hey, Eric, uh disability, uh, workers comp disability and a monthly payment for the of her life because she has impairments. I'm I'm reading where it's not taxable on state or federal levels.

Is that correct?

That's generally not the case unless is it something that was paid via the employee, that's from the employer.

Right, So what you're saying is the settlement is not taxable, Jemuary.

That's so it's a settlement. Like is this a lump sumwhere it's a lifetime.

Now there, there's both. There's both.

She got a lump sum and then they're giving her one thousand dollars a month. But it has to do with her impairment rating.

And is it to do with her from her employe, from her work or is it unrelated to work?

No, it's it's because of the worker's comp right, Sondra.

Yeah, Sondra, is she still there?

Okay, whether she's there or not, she's probably listening. But yeah, so yeah, that's what I read in the code that you don't.

But then she had a question, do you still have to file?

You know, if that's her only income, she would not need to file because you only file if you got over thirteen thousand dollars of taxle income.

Anyway, okay.

And the other thing, Eric, They said, if the settlement was being negotiated and went retroactive and paid her interest for the time she wasn't receiving it, that interest would be taxable.

That's true, although my guess is it might not be over thirteen thousand dollars. So it depends on what the amount is and what ultimately will determine that if if there was interest in there, she'll get a tenninety nine at the end of the year. It'll dictate what she might have to report on the interest.

Okay.

Now, Eric, another thing, a woman called last week and said she hadn't filed years. She doesn't owe anything. She wants to know what will happen if she tries to file.

All that will happen is she shows up on the radar screen is following a return that we have plenty of people we find who haven't filed in years because they didn't need to, but they had a treasury event. She should just go ahead and filed. There's no way to get around it. And if she gets an inquiry asking you about fire returns, she simply says, I didn't have fire taxable income to report.

And so she should just start from now or should she go back to those prior years.

No, no, no, just leave the past alone and to start now with the year that she has.

Okay, Okay, no worries. So when you.

Don't have reportable income, you don't have to file.

Yeah, there's millions of people that don't file tax returns because they don't need to because they're under the threshold.

Okay, got it, Thank you.

That's Eric Reinemer Atlas Firms dot com. Three oh three seven nine nine nine one one. Kim, I'm gonna take you with enterprise deputy choppers and follow ups. Rick, you want to talk about American Richmond, American homes, all of that coming up on the Troubleshooter Show.

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Yeah, Rid, bad news needs you don't have the come running just as fast as we can show the shooter is gonna help.

Come man, This is.

The Troubleshooter Show. No Tom Martino, Hi.

Tom Martino, You're troubleshooter.

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What's happening with you? Hello? Kim?

Hi, thanks for taking my call.

What's going on?

Chim?

Yeah? I just wanted to ask you. So. I long story short, but I had a rental car from Enterprise Rental Car in Aurora on Havana Street and I had it for a few weeks. As I was getting my car appaired, and there was a hailstorm in Denver. Assume as we heard the hail, I rushed out and I

They do that?

What did they suspect it had been in halle? Why did they even do that?

Well, they did.

It to I don't know if they did it to all the cars. They certainly did it to my car, the car that I was returning. There was a hailstorm, but like, again.

No, I get it, but you never you never mentioned the hailstorm because you thought you would.

No, No, it must have been routine, you know.

So after they did that, did they say, hey, Kim, this has hail damage.

Yeah, they did. They said, they said, you'll be you know, charged for it. Well, you know you will send it to your insurance, right, but they did it based on seeing these little changes in the stripes, you know, not actually this, I get it.

Yeah. Yeah, So now what is your question? What is your question?

So I got a bill for just short of five thousand.

Dollars, Yeah, but put it in your insurance. You're covered. If your car's covered, then your rental will be covered.

Yeah. So I did not have collisions and.

So my no, you don't need collision. You need comprehensive only.

I don't. I don't think I had comprehensive.

Then what is your car?

The car you have?

The car that I had was a It was a It was I think three or four years old.

Are you sure you don't have comprehensive insurance? Are you positive you only have liability?

Yeah? Yeah, I'm a I'm a pretty safe driver. Yeah, I understand.

But comprehensive is for fire and hail and theft and all of that. Or a tree falls on your car. It's not a collision coverage.

It's separate.

It's called comprehensive and usually everyone has that usually.

Yeah, yeah, So so I don't have it, And I guess the issue is that, like I'm being sent the spill of for just short of five thousand dollars.

You know you're responsible for it, right, Well.

This is what I'm asking, is it?

Okay? Go ahead.

You know, the damage Recovery unit sent me this bill, and to me, it's really excessive. It's got, you know, one hundred and fifty dollars for administrative fees. It's got four hundred and twenty five dollars for diminishment of value, and you know.

All these Now now hold on, you might how old is the car you were renting?

It was it was pretty new.

Okay, you probably Okay, you're good.

Okay, you definitely have to pay for the repair and then they can charge you for what's called lack of use.

Yeah they didn't do that.

Wow, I mean, do you know what that means? In other words, here's what I mean.

If it takes six weeks to fix the damn thing, they could charge you with what they would make in rentals for six weeks. Are you disputing there was hell damage? Because I mean, I mean, here's the deal. You mentioned the netting for a reason. Did you see damage when.

They did that?

When they I could see little changes in the stripes, yes, I could, Okay, okay, but you can't really see you know, when you're looking at the at the top of the car, you can't really see anything, but you can see the little changes in the stripes.

Yeah, and that's exactly what they do. I'm looking at the ones you're talking about here this screen. I never knew they had that. Actually, this is the first I'm hearing about that where they put that down.

Yeah, man, this is too bad. So did you I'm just I'm telling you. I'm telling you.

The facts, the truth. And then I don't know the practicality of it. I don't know if they're going to come after you for it. But technically you're responsible for that car. Now, had you not had insurance on your own car, and you didn't, you should have taken out their daily insurance did they.

Offer that to you?

So, you know, interestingly enough, I had called we had called our insurance company prior to this, because you know, to see if it would be covered, and they said yes.

But you called your insurance company and you said, I'm going to be renting a car and I want to know if it's covered.

Yeah, okay, well it is.

Yeah, it is covered for liability because you have liability. If you had collision, it would be covered for collision. If you have comprehensive, it'll be covered for comprehensive. It will not be covered for any coverage you don't have.

So that's the confusion.

I mean, uh oh yeah, I'll call them back, you know, but.

Maybe Ki Kim.

Are you absolutely positive you don't have comprehensive You're absolutely positive?

Yes, Yeah, that's that's what my husband told me.

Oh no, so so you must have a pretty old car then that you're not that you do only liability.

Yeah, I mean it's not it's not worth a ton no, okay.

Okay, And that's why you didn't have the comprehensive insurance because you figured, I don't want to pay for that coverage.

Right.

Yeah, yeah, dog gone it I wish I had better news for you, Kim. Do you think here's the deal? It's a bill right there. They have insurance that will fix it, just so you know. But they're going to come after you for it. I don't know how hard. I don't know.

I mean, I'm like to be honest with you. I just want to negotiate, you know, like it just seems excessively high. I mean, five thousand dollars for something and so, and then they have administrative piece and then they it's too soon to negotiate.

But but you should tell them. You just tell them you can't afford it. Tell them the reason you didn't carry comp insurance is you couldn't afford it, and that you can't afford that.

What can you afford? Kim?

They're not listening now, what can you afford? Seriously, if they made you an offer, if you want to negotiate, they only negotiate if you have a lumsum like a credit card or somebody.

Did you have anything?

Oh, by the way, did they attempt to make a charge on your credit card?

No? I don't think so. I think it's right now. I think they might be trying to bill our insurance is sending it to insurance. I'm not sure, but I did call the insurance and they said it wasn't covered.

Okay, Okay, do you have a credit card that you paid with?

Yes, that pays for this sometimes. What kind of credit card do you have?

It's a Costco City Bank.

Okay?

Did you ought to call them because or look at line because sometimes you get automatic insurance with your credit card.

Okay did you know that?

I did? But you know what, I hadn't thought about that it might I'll the.

Uh okay, yeah, I mean, let's hope. So I'm just putting this in. Does Costco City Bank card cover rental car damages? I want to see what it says here.

Let's see they because a lot of them have it built in. It says here that yes, if you have the Costco anywhere visa by City Bank, it usually covers your rental car damages.

Do you know if it's and you use that to pay for it? Right?

Well, So the other part of the story is that it was so my my car was running to by this other woman, and so her insurance was paying for my car to be fixed, which it took about three weeks. And that's why I rented this other car. So this this friend, but did.

You put that other car on your Costco visa?

Well, they asked for a visa, but I didn't have to pay anything.

No, I get it, but it doesn't matter. Did you give them that visa?

Yeah? I did.

I think it covers you.

Oh, thank goodness.

Okay, I think it does. It says the rental Oh way way.

Wait wait wait it only if the rental period was less than thirty one consecutive.

Days, was it?

I would have to check, I think so.

Okay, listen, I want you to call City Bank or Costco and ask about it. Okay, thank goodness, you use that card even though you don't have to pay for it. It Now it could be that because the other party supplied that car to you, they could be responsible for it. I want to ask our Compass insurance people about that part.

So if you hang on for that, I'm gonna take some other calls.

But I want to find out if maybe because they had to cover that rental car, maybe they're responsible somehow.

I don't know, we'll ask.

I'm Tom Martino three oh three seven one three A two five five Go with a sure thing, Denver's Best Roofer excel roofing dot com.

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Time for an insurance check up free, no obligation. In comparison, call Compass Insurance. Pay too much your coverage at dozens of insurance companies find out now three oh three, seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com. List your home with Remax Alliance three all three nine two zero sixteen twenty two.

I'm Martine here.

Somebody text me and said that Enterprise did that once to them and it was there was no damage. I don't think they'd have a vested interest in wanting to do that. But and then, of course, on that rental car coverage, I found out that that that credit card coverage that you have to pay for the rental not just put it down as collateral, but all expenses must be paid by the card for the card to.

Kick in for damages.

But I want to ask Jeremy Curzio from Compass Insurance Group another question relating to this, Jeremy Kim is looking for a way to eat coverage on that car. She claims she does not have comprehensive on her own car, which was in the shop, So her rental car was damaged by hal Okay, So they're saying you're responsible for the hell and she is, and she doesn't have that coverage on her own car, so it doesn't extend to

Covered by her credit card.

But I want to ask you this, by some wild connection, is it possible that because that car was provided by the other insurance company that they would be responsible for that damage since they were.

The actual renter.

I don't think so. I mean, it's worth her exploring because why not, But I would think not. I think they're providing the car for her, but I still think she would be responsible for any of the damage. She certainly can try to go down that road, but.

I'm just wondering if that insurance company would be on the hook for renting that car to her along with the daily insurance.

I feel like they're they're paying for it, but I still feel like she has the agreement with the rest of my company.

Get it, you know, I'm just trying to find something.

Oh, I get it. Yeah.

So A really good tip here, A really good tip here is if you're renting a car, you better make sure you have the coverage on that car, because even though it's not your fault, you're responsible for it, right basically.

Oh, absolutely, And I would say, you know, if the other party is at fault and they're paying for a rental car, make sure they're if you're if you're not covered, or even if you are, I'd have them pay for the insurance.

Right.

In other words, when you go to rent a car, rent the insurance too.

Absolutely, yeah. I mean, especially if they're paying for it, because even if you have that We've talked about this before, but even if you had compon collision, your policy is not going to pay for the loss of use.

So and they haven't even mentioned that yet. They haven't even mentioned that yet, which I hope they don't.

So, Kim, I don't. I don't know.

You may want to ask if that other insurance company hasn't did, I don't know.

I can ask.

You, is there any way to negotiate the cost.

There's always everything's negotiable.

But that doesn't sound like a lot of money for a full car worth a hell damage. See, A lot of people think whether it's severe hell damage or minor, it takes a different level of repair. The only time it takes a different level of repair is when the paint's damaged. If you had no paint damage, then all of the damage, whether it's a small ding or a big ding, is going to take almost the same amount of labor.

Yeah. No, there was no paint damage.

So, uh, the.

Only other thing you could do you could ask them this, how long ago was this?

By the way, how long ago this was in?

Let's see, so the I returned it in early June, so that they are.

They already repaired.

It then, I mean, if they did, if you can't see it, I don't know if there's incentive to to repair it all the way if you can't visually.

See it, right, I don't know if they did or not. But even if they didn't, there is a damage. There is a damage. You owe them. I don't think you can make the argument you don't owe it because they didn't spend it. The diminished value you could argue, but that's only what four or five hundred and what else was administrative charges.

And administrative sees one hundred and fifty dollars for administrative sees.

You never agreed to that. I would dispute those extra charges. But the actual repair you're gonna have to pay for, I mean really.

Okay, I mean.

People, what can we say?

I was going to say it if it hadn't been repaired, you could have had an estimate done on it and maybe ask them if you could have it done.

But I think it's too late.

By the way, the Insurance Health Center is a compass insurance If you want quotes on insurance or see if they can, it's called the insurance checkup to see if you're paying too much or not enough. And I'm gonna tell you they're very honest. If they can't save you money, they'll tell you they're not gonna lie to you about it, so you'll always benefit by at least checking with them.

Three oh three nine nine six nine thousand.

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Time for an insurance checkup, free, no obligation in comparison call Compass Insurance paying too much your coverage at dozens of insurance companies. Find out now three oh three, seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three

With American homes Richmond.

American homes Richmond, I believe was recently sold to a Japanese company.

Rick, what's going on it?

Correct?

Tom? I appreciate your taking the call. I called you yesterday actually in regards to a speeding ticket, if you recall that. And my name is Richard, but my mother called me Rick, so that's.

Why I go, oh yeah, yeah, you got a speeding ticket and Frederick and you never signed it.

You wanted to know can they still prosecute it? Yeah? So what's going on now?

Yeah?

Well, my woman and I we signed a contract to purchase a Richmond American home in April, and throughout the process they give you a a more or less a spec home. They don't give you a whole lot of options to you.

Well, yeah, they're semi semi custom right there. And they used to be pretty they used to be pretty nice homes. I don't know how they are recently, but they're pretty good.

Yeah, they're not bad.

I mean the way that they're constructing it. I've I've been there every day pretty much for the last two or three months when they started the building, and what really good job on it.

But part of the part.

Of the agreement between the sales person, myself and my woman and my realtor was that we were going to have a black roof, black shingles put on it.

So long now when was this in? Was in? Was this in the contract anywhere?

Well, here's the problem.

It's you know, I mean, like the contracts are like ninety pages long, and I'm exaggering a little bit, but not by much. So you're on the DOCU side, you go through, you know, signature by signature, by signature and whatnot.

So after we had agreed.

Yeah, black black asphalt is just just so you know, I know you want one, but it's a bad idea, but keep going.

Oh, I get it. I get it. They conduct a lot of heat.

They're really bad ideas for everything you can think of it. It doesn't last as long, your decking doesn't last as long. It radiates tremendous heat into the house. But anyway, keep going. That doesn't mean you can't requested go ahead.

Right, So in any case, we had all sat down before signing through Docus signed and had agreed on the black Shine group.

A ackout.

They actually let us pick out the colors at home, and she based it around that black roof. And so the other day when I was there, they put on gray shadles. So immediately I went up to the to the you know, the roofer, and I told him, I said stop now if you can.

Please, because that isn't what we agreed to.

So that we went back to the sales office and I told the self person, not our original self person, but another self person, that we had agreed to black. Well, come lo and behold. The next morning the original self person got on it, sent me a copy of the work under the work order said gray. So we did sign for grey. So I sent a reel.

If you signed for gray, why are we discussing this?

Well, you know, because I don't know, Tom, I was just wondering whether or not there was any kind of mine.

Well, if there was a tell me, well, I want to ask a few questions. I'm not trying to trip you up. I'm trying to ask questions here.

Why do you think that they would go against your wishes?

I mean why, I don't understand if you were at the table, If you were at the table and you said, now, by the way, we want black asphalt, why do you think he would trick you?

Well, but what was in it for them discussing?

Well, we had been discussing the gray and the black, because it was my opinion that the gray would be cooler, last longer, and everything else.

So I agreed with that. However, my woman wanted.

The black because of the way that you know, the scheme of the colors on the home that she had picked out. So we all agreed, all that were in that room, that they should be black. And what happened was the actual salesperson aired and put gray in there because of the conversation that I was having in everybody in the room at first. So that's truly what happened. And so I.

Went ahead so that salesperson could have gone in and just made a correction.

Do you think the salesperson forgot?

I do I think the salesperson forgot.

Not that it's gonna make.

Any difference, because I sent an email to the director of sales and the president of Richmond, you know, talking to them about this, saying there was an air done, but what we really want we want black shingles. They got back to me and told me that, you know the contractual, you know you're gonna get gray shingles. So I'm like, hey, is there any other concessions that we can go with? So they got back to me and said, we'll give you a five thousand dollars credit towards closing costs.

I have a friend, Wait a minute, wait a minute, a five thousand dollars credit for you just as a good will gesture? Or are you thinking about doing your own black roof?

Well, I had thought about it. One of one of my very very good friend works for Jay at Excel, and I brought him.

Up there last night.

We looked and about you know what the roof would actually cost. I don't know what it would cost Richmond exactly because I'm sure they've got some sort of discounts going on. But it's about a twenty thousand dollars roof, So so.

You'd be out of pocket fifteen you'd be out of pocket fifteen grand.

That's correct.

I wouldn't do it. I mean, is it that important? Is it that important?

Well, more that I think about it, the more that I you know, talk about it, it's it is. It isn't very important to my woman. But you know, I mean, if.

They would they let you, would they let you walk?

Yeah?

I don't think they'll let me walk.

You know, you got I got mushia on it already.

You know, I doubt they would let me walk.

And I don't know that I really want to walk, and I don't really want to, you know, bash the homes because I'm homes are doing two by stars on the exterior, so on and so forth.

It's a decent, nice raunch.

So you know, your friend at Excel try to talk to you out of black too.

Oh yeah, see, obviously he absolutely did.

And why if you explain that to your spouse. I think she may understand.

Yeah, and the other thing too, possibility of us going in and saying, can we change the exterior colors to match the gray now instead of matching the black.

Well, gray and black are in the same color spectrum. What what would you have to change? I'm curious.

Well, I don't know whether I let her.

If it goes with black, it's going to go with gray as far as I know.

Yeah, pretty much, pretty much.

So you know, did you have did you have black shutters? Did you have black shutters?

No, no shutters on it at all, or there was there's a little bit of black in the brick. There's a brick on it, you know, on front and the back, so there's a little lack in.

The shade of the brick color.

Other than that, I mean, she picked out a dark trim color, which I think you know, in it probably would be just fine even as it is. But I suppose we could go in there and change the color scheme if we really wanted to.

No, well, if you can, but I don't see if you would or why you would.

But that's none of my business. This is none of my business either.

But I'm just asking this just out of curiosity, truly, and there's a reason for it because of real estate transactions I've seen in the past. You mention your woman not your wife. Are you married to this woman or are you doing it as a partnership.

No, we're cohabitating.

But are you doing it as a partnership.

Well, I don't know how you define partnership.

We are.

Well, that's why I'm saying this, Rick.

I don't want to cause trouble, but I am telling you it is insane to buy a house with someone who is not your spouse without a partnership agreement. Okay now, and I'm not talking And now now why do you you do not need one with a spouse because the laws cover marriage and dissolution of marriage. There are no laws to cover your situation like percentage of ownership, who contributed what? Who gets what? And I'm just saying, is this the love of your life?

You're is this? Do you consider her your wife?

Yes?

And I get exactly what you're saying. He done.

I had a lawyer drawing up for us.

It's like, wait, so you do you do have a partnership agreement? Shoul we do? Oh? That's good.

Okay, so so you are buying it as partners.

That's corrects all pretty much spelled out.

The excellent excellent man.

So so if something happens between the two of you, then you have the dissolution spelled out.

We have it all spelled out.

We also are.

Good if you're a smart man, Rick, you're a smart man.

Thank you. I just again, but okay, but no, that's a smart thing to do.

Appreciate what I appreciate that, Tom, but I but I truly appreciate what you do. And I guess my call today is more out of a frustration level.

They have a you know what, you know, here's the thing. I'm going to tell you something that's weird. Let's say a salesperson was there and said that, and you could prove it, but the contract says something different. You will find wording in that contract. It should be in that contract. It's in most that says any other promises, verbal or whatever are superseded by the contract.

Right, So, even with a witness.

Where that's right.

That's what I was getting at. And I don't call it screwed. I call it divine intervention. And I'm just kidding a little. But you don't. I love by the way I know what she's trying to do. And I love a black I love the way they look, so don't get me wrong. I love a slate roof. Now if it was slate, that's different. But man, I would never go with a black asphalt roof, never, even though I love it, even though I love the way it looks. I got to take a break. I'm Tom Martine Moore

So it's broken. He wants to cancel his account, but they won't let him until he gives the verbal password. I said, why don't you go online? They have an online portal. I thought.

My people went on there and looked and said, there is a way to cancel online without a verbal password, or you can change your verbal password online.

So, Barry, what happened?

Yes, I found out yesterday when they went down down a computer, went downtown on get down my computer. They tried to make a payment.

On it. Who tried to Who tried to make a payment?

Barry, Uh, peer talk.

You mean they tried to take a payment from you?

Yes, And I changed my debit card. Good, and it was returning. So I say, as you talked of it, my tame of being a returned My account was canceled.

Oh good, So you accomplished what you wanted.

Yes, Okay, thank you for your advice.

Okay, Well I'm glad. I'm glad that happened. He changed his debit card, so he did skin a cat a different way. He changed his debit card, which in turn helped him to get that canceled. Thank you very much. Hey, Chopper, I know you only have a few seconds. This is a follow up from yesterday, right Chopper.

Oh he did. Oh my goodness, Chopper is just strong.

Okay, Chopper, get on for the start of the next hour and we'll talk about your follow up something with that construction company. I got to figure out the original caller and then we'll come out back with that and more and any calls that you have three oh three seven one three talk seven one three eight two five five.

And don't forget.

You can also call three oh three seven to one three talk and you can text me.

Of course, we got more right after this.

Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation in comparison, call Compass Insurance paying too much your coverage? That does of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.

Yeah, ripped of red news.

You need advice?

Who you don't have the.

Who come running just as fast as we can.

Show Shooter's gonna help.

Come man, This is the Troubleshooter Show.

Now Tom Martino, Hi, Tom Martino here, Welcome to the show. Three oh three seven one three talk three oh three seven one three eight two five five. How can we help you today? We love helping people, so let's go right to the phones. We've got Deputy Chopper who wants to give us a follow up on a case that came in I believe the other day from Clay.

I'm trying to find the call.

You remember when oh yeah, yeah, yeah, he bought a house four years ago and the leech field went bad.

This is what was weird. Okay.

He hired a construction company to put in a new field, a leech field. The leech field, for those listening, is part of a septic system. That what happens with a septic system. The sewer main from the house goes into the septic The solids drop to the bottom and are pumped out about every five years or so.

But the top the.

Liquids go out from to the top of the tank through holes into a leech field where it evaporates.

And then enriches the soils. Usually it's a sandy soil put in for a leech field. So what's going on? Though?

It failed and he paid ten grand up front on June twentieth to Shraw Construction Mark Schraw, and then he said, heard nothing from them.

Yes, Tom, I talked to Clay and we went over several options that I told him that we could do. He and the one option I said is I also looked online, and believe it or not, this construction company had more good things than bad things.

Oh okay.

And I said about having an attorney just sent a letter there and tell them what's going on. Why can't we.

Get this done?

Why can't we call him today?

Excuse me?

Why can't we call him?

Uh?

Well, I'm just curious to say, go ahead.

Well, anyhow, the attorney wrote a letter and Clay called me today. Oh, Clay didn't want to come on the air. He says, he's not that good when he's talking on the air today. And they showed up today all the equipment, oh everything.

Did he have an attorney write a letter?

Yes he did?

How could he that was only that was only a day ago, two days ago.

I know, I know, in uh, it's a ninety three ginger.

Wow, it sure is.

Hold On, I'm I like I like the idea. Hold on, I like that idea. But Chopper, I'm wondering, did an attorney really write a letter or do you think it was? I mean, I'm not trying to take credit for it, but but how the hell.

Did he get an attorney?

He called on the thirtieth, right, And how did he get an attorney?

Yes?

Well I talked him two days ago and yeah, he said he had attorney send the guy a letter.

Wow.

That's good work, play good work getting an attorney to to do that.

Wow. So they showed up.

They showed up, and all the pipes everything. I think I told you I was familiar with septic because I have one. Everything's there and he's happy.

Oh man, that's good.

Yeah, And that that was only part of the money. He has to pay the rest when it's done. I recommend to this guy that he he waits for final inspection before he pays. But I wonder why that company didn't show up. But as you said, it wasn't a bad company.

From what you could find.

That's correct.

Okay, Chopper, thanks you working on anything else.

I actually do. And I have to ask you on this one, Tom, Did I ever give you a follow up on the city of Jumpstown versus this pur house that was getting flooded?

You know what, I'm not sure you did tell me about it.

Well, I'll cut this one's real short because I know we're busy. The bottom line is, I did get a hold of this City of Johnstown.

I thought this was this angie.

Was this angie who bought a house that was built in the sixties and and she said that the city's drainage was doing damage to her house.

Yes, and causing termites and everything.

Yeah.

Well, this this is one where there appears to be no immediate solution. The City of Johnstown basically is saying the old They have no money. They say they inherited this from Well County when they annexed the area. They're aware of the problem, they want to fix it, but it's not going to take place what.

They acknowledge it. And they say they're broke.

That's exactly right, Tom. Wow, I almost thought buy the house and make it a retention pond, and that might be the cheapest thing. Uh and she even gave that some thought.

Wow.

But so the city acknowledges the problem but says they can't afford to fix it.

But they say, yeah, they said, they have several other public works going on at the same time, and there's just no money in the twenty twenty four budget.

Maybe next year.

Oh man, you know that's weird, you know. Okay, well, thank you for finding that out. I mean, you can't fight city Hall literally, I mean if they but but I'm wondering if she would have no and I'm serious about this. You see, there's something in the governmental immunity law that would be triggered.

Here do you know what that is? Governmental immunity says.

Here's what Governmental immunity says that as long as the city or the municipality, whatever it is, can show it's doing normal maintenance and repairs, it can't be held respondsible for damages.

But they're admitting they're not doing it.

I think they could be held responsible for damages.

I mean, I really do.

I think in a civil action. I think in a civil action, if she you might want to mention to her, if she brought a civil action, she could probably prove that they're not maintaining the infrastructure properly, and that's not her problem. That they annexed it without money. They're going to have to raise taxes or something. But she shouldn't be the sole victim, not at all.

So okay, there's also ten neighbors that might go in.

Well, that's a good idea because I think they have a good case and I don't think immunity is going to get is going to be on the city side in this case because they say they're broke.

That is not immunity. That's stupidity.

That's lack of management, lack of leadership Johnstown.

I agree with you.

I wonder if a lot of people in Johnstown are unhappy with the city. It seems that they have these problems. They have to have a lot more. Thanks for uncovering that we ought to you know people in Johnstown. If you know of people, spread the word and send us some emails or call the show. I want to know what's going on in Johnstown that they have the nerve to say they're running out of money, Well, then raise your taxes or something, or disor or or don't incorporate.

I mean, what the hell are you doing.

They annexed parts of places they can't afford to fix or maintain.

Are they insane? You know that's not an excuse. Who's ever heard of such a thing. Well, when we annexed it, we inherited these problems. Well guess what they're your problems? Now, Golee.

We have a lot more coming up on the Troubleshooter Show. By the way, Dan McKenzie is an estate planning attorney. Dan McKenzie McKenzie Law. Everyone needs a will, not everyone needs any anything else, But if you do, you can go to Dan McKenzie can talk about preserving your business, passing on your business, maybe uh, your your assets of some kind you want to protect, or you need a trust,

What's happening?

Yes, hopefully you can help us.

Yeah, what's going on?

Yeah, Nancy, I'm here with that. She's here, So what's happening? She had a forty five thousand dollars implant at a demo Associates of Aurora.

Wait a minute, Wait a minute, Wait a minute.

A forty five thousand dollars implant?

Correct, and she paid out of pocket?

Wait a minute, Hold on, no, no, no, I know that you want to tell your story, But my God in Heaven, I mean I've never heard of an implant more than I mean, at the outside with the full restoration, it's maybe five thousand.

Are you talking about one implant or a mouth whole mouth?

Oh?

Well, okay, okay, that's different. So she had dentures with implant, is that right?

Yeah?

She had a old old mouth, the.

Whole mouth restoration, I got it.

How many actual implants were done?

Ten?

And then then so one implant holds a few teeth, right, yes, okay, so keep going what happened then?

And then she went in to get a teeth cleaning and a dental associates charge insurance company h thirteen hundred. You know, the six hundred dollars service, and now they won't won't reimburse the seven hundred dollars.

I'm not sure what we're talking about.

So this is after the forty five thousand dollars was spent, she went in for a regular cleaning, is that right?

Correct?

And it was thirteen hundred.

They charged her thirteen hundred dollars. But as a six hundred dollars procedure.

Now, how do you know?

And I'm not arguing, I just need to know when you say it is a six hundred dollars procedure, how do you know that?

Well, they gave us the bill and I said six hundred dollars.

Okay, So that's how much the cleaning was? Six hundred dollars?

Correct? So they charged an insurance company thirteen hundred?

Oh?

Oh oh oh?

Now I understand.

So they got reimbursed thirteen hundred bucks.

Correct, But Nancy kent seven hundred dollars back to her allowance on her insurance.

But let me let me ask you this because I'm a bit confused. Sometimes insurance works like this where you have a portion to pay and then the insurance.

Pays a portion. Or was this like, did she have a copay for the cleaning.

No, it was just a six hundred dollars charge.

So the cleaning if I walked in off the street would be six hundred dollars.

Yes, that's what they charged her.

That's a lot of money for a cleaning. By the way, was why was it so much the cleaning?

According to the dentist doctor Lee says, there's a procedure to have these certain tools to get the dentures.

Oh, because of all the implants. Yeah, it might be a whole different ballgame when you have that.

Yeah, that could be so.

So after that, she was charged six hundred dollars for a cleaning, and you're saying that your insurance company reimburse that dentist thirteen.

Hundred Dental Association still have seven hundred dollars that belong to the insurance.

Company because the insurance company overpaid.

Correct, So you never paid out of pocket? Is that right?

She paid out a pocket for the initial payment because they would not accept the insurance company because they weren't sure if the dental codes would cover it. And we found out that dental codes were covered.

So what did she pay out of pocket?

She paid six hundred but that was reinversed.

Okay, So right now, why do you now and I don't mean this to be a wise ass, why do you care if you got your money back? Why do you care what they charged your insurance?

Well, the reason is she needs that seven hundred dollars back for another procedure and she only has that three hundred dollars left in her dental allowance.

Oh because, okay, so the insurance only pays a certain allowance what every year?

Yeah, a year? And then she paid six hundred for the cleaning.

No, I get it, I get it.

So because she has only a certain amount every year in benefits, she needs them to credit the extra money and not charge it.

Correct.

But can I ask you something, what kind of dental plan is this? It's just to.

Do signa a dental fan through signa.

Really and and how does it work? How much do you pay every month for it?

You paid paying that my medicad of money that ensued.

I think if she pays like three hundred months for insurance something like that.

Okay, I got it, I got it. Okay, So listen, man, this dental office basically overcharged or did the code call for that money?

The cold came up that six hundred dollars?

Did you tell them about this?

Oh yeah, We've been dealing with this for one hundred and ten days.

What do they say when you say you got paid too much? What do they say about it?

They said that they were going to send the check to Signa about six to eight weeks ago, and Signa has not received the check yet. We just got off the phone with Signa and still no check.

Okay.

And because of that, your wife's allowance is lower, she doesn't have as much money left.

Right three hundred and another quick thing. We've been dealing with this for a long time, and and Dental Associates of Aurora told Signa not to call back no more. We've had multiple three ways with a dental office.

Wait a minute, so Dental Associates of Aurora is the one doing this correct, And they're the ones that did the forty five thousand dollars restoration.

Correct. They kicked her out and they won't reimburse the seven hundred dollars and they told us not to call no more. So that's why we called you.

I would take him the small claims court, I swear to God I would. I would, because in essence, they took that money from her allowance.

Right.

I think if you, I think if you.

Started a small claim I really mean this, I think that would shake them up.

I think you would get some action. Or have you called the dental board?

I'm not not yet. We just got off the phone with Signa and.

But it's been one hundred and ten days and you didn't call the dental board.

No.

Signa was supposed to take care of it, but they just told us that we have to buy all these appeals now and that's going to take another four or five months.

Wait wait, wait, wait wait, why would that that's a good point. Signa is the one that paid it. Do they know they overpaid?

Yes, they do, then why don't they do something about it?

That's what we were calling. That's why we got frustrated with them and said, I'm calling Tom Martino, been listening for thirty years.

By the way, man, I'd love to help you on this, but I am trying to help you.

I'm not telling you we won't help you. But I'm almost.

Positive if you file small claims court against Dental Associates of Aurora for overcharging and you can show that they how do.

You know what was paid to them from your is?

Does it show on your EIB your explanation or your EOB or explanation of benefits.

On the receipt we got from them just says six hundred dollars on the date of service, which is four ten twenty four.

Right, But what about the money your insurance paid?

Where do you get that figure.

From the insurance company? They said that it was a six hundred dollars um charge and then like they said, now they want they're overcharged by seven hundred, Insigna pull us. It's up to us to get it back.

No, I don't see. That doesn't make sense to.

Me exactly.

So and so wait, wait are they saying that they were charged six hundred dollars at first and then another seven hundred dollars?

Now they charged thirteen hundred dollars for six hundred dollar fee.

And okay six and got the what.

That six hundred dollars back that she paid through her credit card? So that we're not worried about that.

No, I know you got that back, but your insurance company is out thirteen hundred bucks.

I think it's seven hundred Now.

To hunt it for clean tea.

Or what it?

Okay, okay, I'm more confused now than ever I thought I had this down hold on.

I want to get this straight.

You're telling me it was a six Just wait, just for very simple answers. You told me it was a six hundred dollars cleaning, right, correct. What is the total amount of money your insurance paid for that cleaning?

Thirteen hundred?

Well, then that's another seven hundred dollars. So they're overcharged seven.

Hundred dollars correct.

Okay, so you need to sue this dental office for seven hundred dollars because they over they in essence overcharged you even though the insurance paid it.

It came out of her benefit.

Correct.

I would start that immediately, I swear to God. I would start. I would go online in the county they're in. They're in Aurora, I would do a small claim for seven hundred dollars plus.

We will call them as well.

The problem with calling for medical stuff like this is they're going to cite HIPPA and all.

Of that crap.

But if we do it the right way, we're not going to ask for any medical information whatsoever. We're simply going to ask them why are they overcharging for a procedure and why didn't they refund the money to your insurance period?

I mean that it's crazy. I mean it sounds pretty dishonest to me.

Yeah, we're not allowed to call them anymore, as well as SINGNA can't call them anymore.

Well, who says god? I mean, what do you mean you're not allowed to call them?

Oh, they told SIGNA that do not call anymore on this matter.

But why do they believe they should keep an extra seven hundred dollars?

Yeah, supposedly, they say, the check but not received.

Well, doc, can you take a stab at this?

I can tell you what they're going to say. They're going to say that they can't even acknowledge the fact that she was a patient there. So why would not only would I file small claims? I would call the insurance Commissioner because it's an insurance matter, and they might step in and get to settled very quickly.

I don't think the Insurance commission will get involved. And I'll tell you why. Tell me why because because here's why.

Because the victim here is an insurance company, and the insurance company isn't even complaining. The consumers have no standing there. Now, why would they have standing in small claims court? Because it came out of her benefit? How much does she get in a benefit.

For each calendar year sixteen? So they basically took seven hundred away from that?

Correct, she has a three hundred left in and it should be one thousand.

Right, I get exactly where you're going with this.

It makes complete sense to me, and I would sue them in small claims court and docs, right, I mean, you have to do this directly. You sue them in small claims court and say that your her insurance account was overcharged by seven hundred dollars, diminishing her benefit by that much, and you want to be reimbursed since now.

You have to pay for it. You really need to do it, bro And and we'll give.

You instructions not on the law, but on the logistics of filing. But you go online and download the form and I will even talk to you about serving it and stuff or maybe help you serve them. It's dental Associates of Aurora of people. Be be very cautious. If they're doing this to these people, then who the hell else are they.

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Jeremiah's on the line. Now, Hi Jeremiah, what's happening?

Hey Tom? How's it going?

Good man? What's going on with you?

Not a whole lot. I just recently hired an electrician to come in and do some work for me. Yeah, install some lights.

Uh.

And I was in the attic for something else after the installation was done and noticed that the electrical line that was run came comes through. They punched a hole in my furnace vent that goes from the basement through that experience.

You mean your duct work.

Yeah, and they ran the electrical through the duct work, so there's a okay.

So they ran it through the duct work as opposed to running it around the duckers.

So they literally just drilled through the metal.

Yeah, I've got pictures. They just ripped a hole in the in the vent. And it's not when you say.

Vent though, was there a vent already there?

No, this is the event for the furnace, the CO two break, the off gassing.

Okay, got it, okay, So.

So they just it was it was there in an event cap and so they just punched a hole on it. So I'm concerned about CO two in the attic and all that kind of stuff.

Yeah, well okay, but your attic should be ventilated any way.

But still you don't want CO two. So this this flu is the furnace in the attic.

No, the furnace is in the basement.

It just runs.

Okay, so this is the flu, the exhaust flu that goes out.

Correct.

Oh that's what they drilled through. Correct. So there's a wait a minute, How lazy is that? Why the hell they do that?

Maybe they thought I wasn't going in the attic.

What I want to know is this was there an easy way around it?

Not that I know. I mean I did. I didn't inspect the work as far as like how they could have run it. I just saw the whole called the company. They are saying they're going to come fix it. But I'm my biggest concern is who do I need to inspect this to want make sure it's safe and done properly, because obviously this brings up some big red flags.

Well and then okay, you know, hold on his cake.

They installed some lights so it didn't require a permit, right, So you would have to get another electrician independent of these people to see if it was run right. But you also have to find one that's not going to try try to charge you to run up a bill.

You know what I mean. It's it's like weird. So let's think about this where are you.

In the springs?

Okay, so let's figure out who we can send there that's honest and open and just what you're really looking for is someone who's not going to rip you off.

And I'm not saying, I'm not saying.

And then I need an HVAC person to tell me, Hey, this vent is safe.

Well, okay, the vent is not going to be unsafe, but it's going to off gas out the hole.

How big is the hole?

Uh?

Probably three inch by three inch?

Why did they make it so big? And wait? Wait, wait they sealed it? No?

No, no, they peeled it back. Oh so they basically punched a hole and peeled it open. So it's about three by three.

And what about on the other side. What on the other side? How big is it?

Well?

I can't see the other side. It's inside the dark.

Event, inside the dark vent. I need to see the page. Kitchina. Did he send pictures of this?

No, but I can text him to you.

Now, hold on, Kitschina, get this photo so I can see it during the break. I'm Tom Martino. I want to come back and look at it right after this. Go with a sure thing Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven to seven to one.

Help.

You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino, listen, I got the pictures, Jeremiah.

Yeah.

So Jeremiah says that they ran an electrical line for something, oh, a light, and they took the romex which is insulated wire, which is fine. But he said they ran it through a flu vent. But it doesn't look to me. I might be wrong that it's going through the vent itself.

It looks like it's going.

Through the collar that stabilizes the vent, through the floor or through the ceiling, so that vent is coming up from another floor, right from the from the lower floor.

Correct, Yeah, now.

I get it. Now I need to ask you a question.

You peeled away that insulation and where that wire goes through?

What it looks like it's metal.

They peeled back the metal and put the wire through there is does air come out of there when the furnace is on.

I haven't had the furnace on.

Well, you need to check it out because I don't think. Here's what I think, if people can picture this, I believe the flu is continuous to the furnace. I don't think they cut into the actual flu. I think what they did was the flu where it goes through the floor, has a metal collar on it, and that metal collar insulates it from the floor from the wood, okay, And so sometimes people use metal straps to do that.

Sometimes they use.

These collars which are basically made of the same material as the flu. So for lack of a vetter, it's sheet seal or sheet metal. So they use sheet metal with a hole in the middle, and the flu goes through the hole, so the sheet metal is like a collar. It looks like they drill the hole into that collar and not into the flu itself.

Take a flashlight and look in there.

And see if it's actually infiltrating the flu itself.

It doesn't look like it.

Move any of that installation. That's the inslation. That's just how they left it.

It was all okay, all right, well, actually it's better that you can see it right that they didn't cover up.

Right.

Now, let's just say it is infiltrating the flu itself. If it is, you're going to have to seal it because you don't want those gases in your attic.

Okay, right, but yeah, are sharp, so we need to move it anyway.

And then where does the wire go when it passes through the floor.

Does it go to the light fixture?

It goes to the light fixtures. And you can see that it wasn't like a past genny the framing. They just laid it on top.

Of No, I no, I understand that that's a little sloppy, but I see where you're right. And the wire wasn't like stapled or or you know, or nailed you know, with a bracket to the to the stud It was a little sloppy.

It's not the end of the world.

What I'd be mainly concerned about is do a visual inspection through that hole to see if there is actually What you might see through that hole is that the flu continues down through the floor and it's not drilled at all, could be and If that's the case, that's what you want now to be doubly sure, turn on the furnace and then just put take your hand over that, wet your hand to put it over that and see if you can feel the air coming out through it,

But thanks for calling, and again just make sure you check that out.

And again, your furnace wasn't on, so it's not like we're we're in heating season, but you need to turn it on to feel it.

I'm Tom Martino. We're out of time.

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