On Monday, November 16, 2009 12:41 PM, John McMillan
Dear Texas Department of Public Safety state agency officials in Austin, Texas, including Assistant General Counsel Jennifer Cohen,
Thank you in advance for your very kind interest in the two 2009 Workers' Comp claims of mine (cited below) relating to noise pollution at the workplace that was significantly medically injurious to myself and my hearing capacity. I have filed each of those those workers comp claims in 2009 with the Texas Department of Insurance in regard to two respective restaurant employers of mine. Please note that nationally renowned ENT medical specialist Dr. David Tobey of Austin has compiled statistical data on the extent of medical damage inflicted on my hearing capacity---- including at the workplace, he has repeatedly emphasized---- in the multi-year period since 2005, when Dr. David Tobey first began examining me inside his ENT medical clinic in northwest Austin.
I have provided Dr. David Tobey with full written authorization from myself to share any and all of his medical findings about me with your State of Texas law-enforcement agency---or with any other agency or individual, such as a state lawmaker, who might ever contact Dr. Tobey and make an inquiry or conduct an investigation into that alleged possible criminal-law matter relating to various persons or entities allegedly seeking to injure myself in Austin, Texas.
Sincerely,
former Texas DPS full-time employee John Kevin McMillan of Austin.
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Mon, 11/16/09, AgencyCounsel AgencyCounsel
From: AgencyCounsel AgencyCounsel
Subject: Re: Fw: 11-1-09 TDI Open Records request
To: "John McMillan"
Date: Monday, November 16, 2009, 9:10 AM
Mr. McMillan
There will be no charge for this ORR b/c the DWC 153 was incomplete. TDI-DWC mailed you a new form on 11/5. Thanks
Lauren
>>> John McMillan
Dear Texas Department of Insurance representatives,
After receiving one reply letter from your state agency in response to my Open Records request, I need to ask you to please let me know in advance if you anticipate that you will be charging me a fee of more than $20 for providing me with a full and complete response to my Open Records request. That factual information from you as soon as possible would then enable me to decide whether I would need to limit the scope of my Open Records request to your State of Texas agency in Austin.
Sincerely,
John Kevin McMillan of Austin.
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Wed, 11/4/09, John McMillan
From: John McMillan
Subject: Fw: 11-1-09 TDI Open Records request
To: "Texas Department of Insurance Legal Services Counsel"
Date: Wednesday, November 4, 2009, 11:14 AM
Dear Texas Department of Insurance Open Records Representatives in Austin,
Please confirm for me in writing as soon as possible that you have received my November 1, 2009-dated Open Records request (see below), and that you will be sending me an official response to that public information request within 10 working days.
Sincerely,
John Kevin McMillan.
Home phone: (512) 342-2295.
cc: Texas Attorney General Open Records Division.
John Kevin McMillan
--- On Mon, 11/2/09, John McMillan
From: John McMillan
Subject: Fw: 11-1-09 TDI Open Records request
To: "Texas Department of Licensing Common Workers Regulation Office"
Date: Monday, November 2, 2009, 12:11 AM
A respectful FYI to each of you very influential State of Texas agency officials as well on the following (see below) Open Records request of mine,
from John Kevin McMillan of Austin.
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Sun, 11/1/09, John McMillan
From: John McMillan
Subject: 11-1-09 TDI Open Records request
To: AgencyCounsel@tdi.state.tx.us, "Travis County District Attorney Rosemary Lehmberg"
Date: Sunday, November 1, 2009, 11:40 PM
To Open Records Coordinator,
Agency Counsel Section,
Legal Services Division,
Texas Department of Insurance state agency,
State Government of Texas,
333 Guadalupe,
Tower I, 10th Floor,
Austin 78701
Office phone number: (512) 463-6169 or 1-800-578-4677
Texas Dept. of Insurance FAX number: (512) 475-1772
November 1, 2009
Dear Open Records Administrators for the Texas Department of Insurance,
This is a Texas Open Records request in which I seek to obtain from your State of Texas agency in Austin, Texas, a photocopy or printout of any and all records or letters or memoranda or reports or handwritten notes or typed notes or computer records or findings or legal opinions or advisory opinions or legal actions on file with any office of your state agency in Austin, and that, in each such case, were generated or authored or written or produced or issued by (1) any cited current or former employer of mine or any representative for or official of that current or former employer of mine; or (2) any official of or representative for any insurance company; or (3) any Texas Department of Insurance employee or official or commissioner in Austin, Texas, at any time since January 1, 2000, and that, in each of those three cited cases, refers to medical treatment for myself, John Kevin McMillan of Austin, or medical examinations of myself or medical services to myself or medical problems for myself or medical findings about myself or to financial debts or financial problems incurred by myself relating to alleged medical damage to my own hearing capacity or alleged damage to any other aspect of my own medical health, that reportedly occurred at any workplace where I myself was employed at the time.
Included in the scope of this Open Records requests are photocopies of any and all documents or computer records relating to the official findings or determinations or conclusions or actions of any type taken by your State of Texas agency in response to each of the two respective separate workers' comp claims on my own behalf that I myself filed in 2009. Those two respective workers' comp claims were identified by your State of Texas agency as Claim Number 10200485 and Claim Number 10208778.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. So far in 2009, I have filed two separate workers' compensation claims with your State of Texas agency that each related to alleged permanent medical damage to my hearing capacity that I sustained at two different and respective workplaces of mine in Austin, Texas.
My workers' comp claims that I filed this year were each filed with your state agency's Office of Injured Employee Counsel, Austin Field Office, at 4616 West Howard Lane, Suite 130, Austin, Texas, 78728. Those two respective workers' comp claims from myself were identified by your state agency as Claim Number 10200485 and Claim Number 10208778.
I do not recall having ever myself received any official determination from your State of Texas agency in regard to my workers' comp claim of this year relating to my prior period of employment by Souper Salad Inc.
Each of my workers' comp claims with your State of Texas agency in Austin was supported by an official legal statement of cited career-related medical disability sustained by myself that was signed on June 3, 2009, by nationally renowned ear, nose, and throat specialist Dr. David Tobey of Austin, with that legal statement from Dr. Tobey specifically citing "high frequency sensorineural hearing loss causing tinnitus and sensitivity to loud sounds in some work environments."
Dr. David Tobey has examined my hearing capacity and medical health on numerous occasions over a multi-year period, beginning with his thorough ENT medical examination of myself on August 10, 2005.
Dr. David Tobey has determined that permanent damage to my own hearing capacity over a multi-year period that I have sustained in Austin, Texas, from noise pollution that I myself did not generate or authorize or myself cause or generate, has been of the magnitude and severity that a police officer of the Austin Police Department might himself suffer over the course of an entire career of that police officer being exposed to frequent loud noises while on the job, Dr. Tobey helpfully informed me in person during a medical appointment meeting I had with that very distinguished ENT medical expert on April 21, 2009, inside his medical clinic at 11623 Angus Road, Suite 20, Austin, Texas, 78759. Also during that April 21, 2009, medical appointment, Dr. Tobey removed a significant amount of wax from my ears.
My most recent follow-up medical appointment with Dr. David Tobey, a renowned ENT medical expert recently cited as being one of the very finest ENT medical experts in the entire United States, occurred on the afternoon of Tuesday, October 20, 2009. During that October 20, 2009, medical appointment that he had scheduled in advance for me earlier this year as a follow-up ENT examination for myself, Dr. Tobey removed an additional quantity of wax from my ears. During that October 20, 2009, medical appointment, Dr. Tobey also, with help from his first-rate official scheduler, an alert female staff member named Shay (sp?), asked me to schedule another follow-up medical appointment with Dr. Tobey to take place in the spring of 2010. That follow-up medical appointment has been scheduled for April 15, 2010, as Shay helpfully informed me in person upon conclusion of my medical appointment on October 20, 2009.
Dr. Tobey's office phone number at that ENT medical clinic in northwest Austin is: (512) 346-5562.
I have resided inside Austin, Texas, on a continuous and uninterrupted basis ever since mid-March of 1997, most recently. I am a lifelong single gentleman, and I have resided alone in an apartment unit in northwest Austin ever since early 2002. I lead a civil and law-abiding and honest lifestyle for myself that is completely and permanently illicit-drug-free, tobacco-free, and drinking-alcohol-free.
I have resided at the same private residence---11411 Research Boulevard, Apt. 325, Austin, Texas, 78759----ever since January of 2002. Immediately prior to that time, I resided from August 2001 until January 2002 at 11411 Research Boulevard, Apt. 1638, Austin, Texas, 78759. Immediately prior to that time, I resided for about four years, including for all of 2000 and for about eight months of 2001, at 2518 Leon Street, Apartment 101, Austin, Texas, 78705. That latter apartment complex is situated a few blocks from The University of Texas at Austin.
In regard to my own biological family's medical history, I am not aware of any biological parent of mine or any other member of my immediate childhood family (two biological brothers and one biological sister) who himself or herself ever sustained any significant loss or damage to his or her own hearing capacity. None of those five total relatives of mine has ever had a need to wear a hearing aid, or ever had a need to rely upon a hearing aid, to the best of my knowledge.
One biological sister of mine, Mrs. Julie McMillan Lechtenberger of the Houston area, who is herself married to an attorney member of the State Bar of Texas, Mr. Joseph Dean Lechtenberger of the Houston area, has herself repeatedly stated to me over a multi-decade period on the telephone and in person that Julie McMillan Lechtenberger is aware that I myself, John Kevin McMillan, have been myself subjected on a continuous and year-round basis in Austin, Texas, to actual, verifiable, anonymous "voices" in the background for which Julie McMillan Lechtenberger also informed me in 2009 on the telephone that she herself cannot identify the source of those mysterious voices that I am actually hearing on a continuous non-stop basis in Austin, Texas, throughout every waking hour of my own career-related and leisuretime life in Austin, that biological sister of mine has acknowledged to me in 2009 on the telephone.
One waitperson coworker of mine at our Souper Salad workplace at that time along Pecan Park Boulevard near Lakeline Mall, Mr. Tommy Gibbs, volunteered to me on his own initiative in a recent prior year during working hours for each of us inside that restaurant that Tommy Gibbs wanted to know whether I, John Kevin McMillan, was myself also "hearing voices." Tommy Gibbs posed that question to me during a multi-month time period and during a workshift for each of us inside that Souper Salad Inc. restaurant in which I myself made no comment to Tommy Gibbs at any time about myself ever "hearing voices" and the resulting unwanted noise pollution of that type while on duty at that Souper Salad Lakeline restaurant workplace for each of us. Our general manager at Souper Salad Lakeline during that time period was Ms. Patty Hummel.
Thank you in advance for what I feel very hopeful will be a very thorough and very diligent and fully reliable reply letter from your State of Texas agency in response to this Open Records request from myself.
Sincerely,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
Blog: http://www.johnkevinmcmillan.blogspot.com
cc: Travis County District Attorney Rosemary Lehmberg, who thus far has chosen not to contact me and has chosen not to ask for a sworn affidavit from myself in connection with any of the legal matters cited above, even though her public law-office has established a criminal-law file containing several hundreds of pages of legal evidence about alleged harmful intent or alleged criminal intent by one or more persons or entities in a context victimizing myself, John Kevin McMillan, in Austin, Texas.
Texas Attorney General Gregory Abbott, whose State of Texas agency thus far has chosen not to request a sworn affidavit from myself relating to any of the legal matters explored or alluded to in this Open Records request.
General Counsel John Moore at the Texas Workforce Commission.
Don Field, the official public information officer for the Austin Police Department, a municipal law-enforcement agency in Austin, Texas, that reportedly has thus far chosen not to contact my ear, nose, and throat specialist, Dr. David Tobey, and ask Dr. Tobey if he would be willing to offer any information or speculations to that law-enforcement agency about who or what might possibly comprise the alleged course of incessant and year-round noise pollution at any of my workplaces in Austin, Texas, at any time since August of 2005, in particular.
Travis County County Attorney David Escamilla, whose public law office has thus far chosen not to request from me a sworn affidavit relating to noise pollution damage to my own hearing capacity that I have sustained in Austin, Texas, ever since 2005, in particular.
City of Austin City Attorney David Smith.
State Bar of Texas General Counsel Elizabeth Rogers, whose state agency has repeatedly advised me on the telephone to myself seek referrals from the Austin-based Lawyer Referral Service of Central Texas to private attorneys in Austin, Texas, in regard to alleged violations of my own privacy rights and alleged permanent damage to my own hearing capacity that I've sustained at respective workplaces of mine in Austin, Texas.
Officials of the Federal Bureau of Investigation.
Officials of the United States Department of Justice.
Officials of the United States Department of Labor.
Dr. David Tobey, a nationally-renowned ear, nose, and throat medical specialist who has examined me inside his medical clinic on numerous occasions during the most recent four-year period.
Attorney Lee Smith, Associate Vice President for Legal Affairs at The University of Texas at Austin, attorney Lee Smith being a distinguished member of the State Bar of Texas and UT-Austin official who on behalf of UT-Austin wrote me and mailed to me a signed reply letter in the late 1990s which stated that UT-Austin bears no responsibility for any of the alleged violations of my own privacy rights in Austin, Texas, that I had myself complained about in writing to UT-Austin official Lee Smith. UT-Austin, incidentally, is a former employer of mine, having itself employed me most recently for a multi-week period in 1995 when I was employed full-time at the LBJ School of Public Affairs on that State of Texas-owned university campus in Austin. I was very abruptly dismissed from my clerical job at the LBJ School of Public Affairs a matter six days before my birthday in 1995.
John Kevin McMillan
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