- Massachusetts Officials overseeing Fraud, Workers Compensation, Industrial Accidents,
- United States of America
Alisande has lived in the Amherst area for over 40 years since she was a college student at the University. She has always been passionate about environmental issues and wanted to start a small farm. She raised two children on a small homestead called Juniper Hill Farm. When her elderly mother could no longer live on her own she decided with her youngest child (then a teenager) to care for her mother in their home. Alisande and her daughter and several other helpers cared for her mother for over 14 years.
.In December 2012, Alisande left the house for a respite after taking care of her elderly mother full-time for many months.
A 54 year-old woman answered an ad to come on a trial basis to assist the full-time personal care assistant (PCA) who had been working with the family for years. The agreement was to work two hours a day for room and board, helping with the physical aspects of caring for an elderly person, laundry, cleaning, dressing, showering, etc.
On the day Alisande left later in the evening the woman allegedly
broke her toe and couldn’t walk. The full-time PCA realized that the woman had misrepresented herself and was unable to offer any assistance due to both mental and physical pain problems even without a broken toe. The full time PCA released her from the trial job but told her she could stay in the home till her foot healed. The woman agreed to leave and fully understood that the job was not going to work out.
On January 29th, the woman allegedly had a second accident after midnight in the freezing rain outside on the steps. She moved out a week later and filed a fraudulent workers compensation claim against Juniper Hill Farm as though it was an actual business.
Despite repeated attempts to correct the record that Juniper Hill Farm was not doing business and had no employees all court documents list Juniper Hill Farm as a business and Alisande as an employer. Alisande was in fact caring for an aged, ill parent while "dreaming" of developing a livlihood with her 3 dairy goats and her passion for sustainable living.
All four witnesses testified that the claimant had never been hired and complained of pain that she reportedly suffered only after her alleged injury.
The court process included many errors in procedure and judgement, bias, gross incompetence, hostility, negligence and abuse of power. The fraudulent claimant won against all evidence over $80,000. The case has been appealed.
Alisande was an innocent homeowner taking care of an elderly parent not an uninsured employer. She did not receive a fair trial, was denied due process and the entire case should be fully investigated.
p,s. If you have signed the actual paper petition, thank you and no need to sign this one.
We contend that the case against Alisande Cunningham Sweeney should be investigated, re-tried or dismissed due to errors in procedure and judgement, prejudice and abuse of power at the Department of Industrial Accidents in Springfield, MA.
Cunningham is a low income, senior who provided full time, in-home care for her elderly mother for fourteen years in Amherst, Massachusetts.
By the time of the incident, a full time Personal Care Assistant (PCA) was working 16 hours a day through Stavros Center for Independent Living, an organization that helps caregivers take care of the elderly IN THE home. To provide two hours a day respite for the long term PCA who had been with the family for years, Cunningham sought further help while she went away for a needed break from the demands of 24/7 caregiving. A 54 year old woman applied to receive room and board in exchange for assisting in the care of Cunningham's mother for two hours a day. Cunningham intended to try her out during a probationary period after which time, if all went well, she would enroll the applicant on the Stavros payroll.
The PCA vetted the applicant for a total of four hours over two days. He deemed her unfit to carry out any of the duties required and informed her that the exchange would not work. She was, however, allowed to stay in the house because she claimed she had broken her toe, couldn’t walk and had no where else to go. She agreed to leave as soon as her foot healed and as soon as she had found another place to live. After 4 weeks the applicant informed the PCA that she had found a job and a new place to live. She began spending all day out of the house working at her new job. One week before she moved out the applicant claimed she had fallen outside after midnight. She moved out a week later and filed for workers compensation.
Cunningham and three witnesses testified that the woman was never hired, grossly misrepresented herself, had pre-existing back problems and was an unwelcome guest in the home for several weeks. The Judge dismissed the testimony of Cunningham and her three witnesses who were present in the home while the applicant was there as not credible. The Judge awarded the applicant over $80,000, though there were contradictions in the applicants testimony.
Cunningham is now being held liable by the Worker’s Compensation Trust Fund for over $100,000, is facing bankruptcy, as well as the loss of her home and her ability to teach sustainable farming.
We ask the the officials who oversee the Massachusetts Courts, the Department of Industrial Accidents and the Workers Compensation Trust Fund to investigate this miscarriage of justice.
We submit that the facts of the case, when properly heard, will exonerate Cunningham and release her from all liability.
Thank you for your consideration!
The Justice For Alisande in Massachusetts petition to Massachusetts Officials overseeing Fraud, Workers Compensation, Industrial Accidents, was written by Alisande Cunningham and is in the category Justice at GoPetition.