KAMINCZAK // WC EVIDENCE

February 10, 2026  |  Steve Kaminczak  |  5740 San Felipe St., Apt. 627, Houston, TX 77057  |  979-436-5969  |  kaminczak@gmail.com

To: Larry Trimble, The Texas Law Spot  |  ltrimble@texaslawspot.com

RE: Workers' Compensation Claim | DWC #25218944 | Carrier Claim #25F30M590202

Dear Mr. Trimble,

I'm writing to follow up on our earlier conversation about my workers' compensation claim. You asked for the causation letter before making a decision. That letter is now signed and included in this packet. I want to give you the full picture of what you'd be working with, because this case is stronger than what I could explain over the phone.

On January 30, 2025, I tripped on a wet floor mat during a fire drill at Westbury High School and fell. The school nurse looked at me and sent me back to teach. No one filed an incident report. No one told me I had a workers' comp claim. I kept teaching in pain for five weeks until I collapsed on March 2 and was hospitalized at Memorial Hermann TMC.

Here's what makes this case straightforward: my infectious disease doctor, Dr. Khoury, ordered an MRI on December 23, 2024 — exactly 38 days before the fall — to monitor a pre-existing osteomyelitis condition. That scan showed stable findings: lordosis maintained, L5 fracture at 20% height loss, no retrolisthesis, no edema. The March 3, 2025 MRI, taken one day after hospitalization, showed entirely new findings: retrolisthesis at L3-L4, fracture progression to 30%, and acute bone marrow edema at L5. Memorial Hermann coded the fracture as M48.56XA — "initial encounter" — meaning the treating hospital classified this as a new injury. The carrier is denying the claim based on a 2020 CT scan while ignoring the December 2024 baseline that proves stability 38 days before the fall.

I should be transparent about something: I have diagnosed amnesia, ADHD, and sleep disorders that have affected my cognition and organizational ability. I'm telling you this because I want you to understand both why it took me time to get this evidence organized and why I need competent representation. I am not in a position to handle a BRC on my own.

HISD failed to file a DWC-1 for over a month after my January fall, which I documented through two DWC-154 complaints filed March 14, 2025 (PRI# 418963 and 418964). The DWC sent HISD an education letter on March 26, 2025 in response. I have a union attorney handling any employment-related matters separately. What I need is someone who knows workers' comp to handle the medical claim.

My BRC is February 26 at 10:45 AM. I'm currently self-represented with assistance from OIEC Ombudsman Belinda Person. I believe the other firm has offered to cover your fees, but let me know if a retainer is necessary. This letter will accompany what I have managed to gather in a week using multiple LLM agents as paralegals. If it is all gobbledygook, I apologize.

I know this is a lot. But the medical evidence is clean, the timeline is tight, and the carrier's defense doesn't survive the December baseline. I'd appreciate the chance to discuss it whenever you have time. Besides this BRC, which is my immediate focus, I am pretty sure I have a tight case for ADA missteps that have left me permanently both physically and mentally impaired, a cut and dry case of FMLA retaliation, and a textbook case for wrongful termination. But one bridge at a time.

Respectfully,

Steve Kaminczak  |  979-436-5969

MRI COMPARISON: 38-DAY WINDOW

CASE SUMMARY

DWC Claim #25218944 | Carrier Claim #25F30M590202 | DOI: 01/30/2025

Disputed Issue: Extent of injury. The carrier (CCMSI, self-insured HISD) contends all findings are pre-existing, relying on a 2020 CT scan. The carrier has not addressed the December 23, 2024 MRI baseline.

Rebuttal: The December 23, 2024 MRI — ordered by Dr. Khoury (Infectious Disease) to monitor osteomyelitis — establishes a clean baseline 38 days before the injury. The retrolisthesis and bone marrow edema are new acute findings that appeared only after the fall. The carrier has not addressed this baseline.

PROCEDURAL HISTORY

KEY CONTACTS

PRE-INJURY BASELINE

INJURY EVENT

HOSPITALIZATION

THE 5-WEEK GAP

Between January 30 (fall) and March 2 (hospitalization), claimant worked ~5 weeks with an untreated compression fracture.

• Fracture progression: 20% → 30% height loss from continued weight-bearing
• Employer negligence: HISD filed no DWC-1, gave no WC rights notice, filed no incident report
• Misinformation: Verbally told at Memorial Hermann he could not file WC. Caught in closed-door loop between doctors and ombudsman.

HISD'S FAILURES DURING THE GAP

REPORTING & PROCEDURAL HISTORY

SIDE-BY-SIDE COMPARISON

WHY THIS MATTERS

• Bone marrow edema = marker of ACUTE injury. Absent 38 days before, present 32 days after. No degenerative explanation exists.
• Retrolisthesis at L3-L4 — completely absent in December. Does not appear degeneratively in 38 days.
• Fracture progression from 20% to 30% — additional traumatic compression consistent with fall.
• M48.56XA — treating hospital classified this as a NEW injury event.

HOSPITALIZATION — March 2-7, 2025

Admitted Memorial Hermann TMC. ER Dr. Ryan Walsh documented: "during a fire drill, he fell." H&P documents BP 185/96 and positive straight leg test.

SURGICAL RECOMMENDATION

Neurosurgery (Dr. Benjamin Mouser + Dr. Jawad Khazaal) recommended L5 corpectomy + L3-to-pelvis fusion on 3/4/25.

Steve did NOT refuse surgery — had no leave, no WC filed, couldn't afford 6-month recovery. Nurse Betsy M documented 3/7: "Patient stated will lose his job and that he agrees to discharge."

PICC LINE HISTORY

Had PICC ~16 months for osteomyelitis. Pulled after OPAT cancelled due to Dr. Shah's misheard "street drugs" note + Steve's joke. Dr. Khoury replaced it the next day.

Pain management (Dr. Chad Zhao) did NOT flag drug-seeking — actually recommended increasing gabapentin.

TOX SCREEN EVIDENCE

Only opiates in system during March admission were HOSPITAL-ADMINISTERED.

COMPLAINTS (DWC-154)

⚠️ Use as timeline shield, not weapon. Don't oversell at BRC.

BRC REQUEST (DWC-45)

Filed by ClaimAssist (Memorial Hermann subclaimant) Dec 16, 2025. Requester: Gerard O'Neill Jr.

DOI confirmed as 01/30/2025 per this filing. Carrier tried to use 03/02/2025 (hospitalization, NOT the fall).

CLAIM FILE REQUEST (DWC-153)

Blank form ready. Ref: R028114-012926. Submit to CCRR@tdi.texas.gov.

SETH DEWART — Email to HISD Admin, March 6, 2025

From: Seth.Dewart@houstonisd.org → To: William.Mader@houstonisd.org

Subject: "Teacher fell Jan 30, 2025"  |  Date: March 6, 2025 at 9:51 AM

On the day of the fire drill, January 30th, there was a dense throng of people leaving the 600s wing and B wing through the doors outside the Lecture Hall. I saw Steve Kaminczak in the crowd... I did not closely witness the fall, but did see him walking just before, then moments later on the ground — probably five to eight feet away. He was on the ground for more than a few seconds. Someone discussing it later said he must have tripped on a bunched up loose carpet mat... I am sure the doormat was there, because it was still bunched up after we came back inside.

EVIDENTIARY VALUE

• Confirms DOI: January 30, 2025 — third party to HISD admin
• Confirms fire drill, time (~9:00-9:10 AM), and cause (loose carpet mat)
• Confirms hazard persisted — mat still bunched when staff returned
• HISD formally notified — email TO William Mader 3/6/25. Never responded.
• Names additional witnesses: Canady, Officer Turner, Brooks, Sanders

GAP NOTE

Signed letter does NOT mention height loss progression (20% → 30%). Nice-to-have addendum if Rodriguez is reachable:

"The progression of L5 vertebral body height loss from approximately 20% to 30% between the December 2024 and March 2025 imaging is consistent with acute compression from the reported fall mechanism."

Nice-to-have, not a dealbreaker. Edema argument alone is strong.

DR. KHOURY — ❌ ABANDONED

Doctor unreachable. He ordered the Dec 2024 baseline MRI but is not available. Proceeding without.

FEB 2026 MRI ANALYSIS

Date: 2/11/2026  |  Radiologist: Henry Lee, MD  |  Comparison: NONE

WHAT HELPS US

• Retrolisthesis and anterolisthesis PERSIST — NOT on Dec 2024 baseline. First appeared March 2025.
• Right L4 pars defect PERSISTS
• Severe foraminal stenoses with nerve root compression — still needs surgery
• Structural damage is permanent at 13 months post-injury

WHAT CARRIER WILL USE

• "No acute fracture" — Expected at 13mo. Edema resolves. March 2025 captured acute phase.
• "60% old anterior vertebral wedging" — Radiologist had NO comparison.
• "Comparison: None" — Critical weakness.

3-MRI PROGRESSION COUNTER

RECOMMENDATION FOR TRIMBLE

• Do NOT lead with Feb 2026 MRI — lead with Dec 2024 vs March 2025
• Use Feb 2026 to show ONGOING need for surgery
• Pre-empt: "No acute fracture" at 13 months is expected, not exculpatory

⚠️ KEEP THIS SECTION OPEN DURING THE HEARING

Zoom: tdi-texas-gov.zoomgov.com → "Join Mediation" | ID: 160 0970 1721 | Phone: 551-285-1373

MEDICAL RECORDS ERRORS

Source: Memorial Hermann March 2025 records  |  Author: Dr. Bhrugesh Jogeshkumar Shah, MD

ERROR 1: "OxyContin from the Street"

ERROR 2: "Getting Drugs by Himself"

MISSING EVIDENCE LOG

Items that DON'T EXIST — and why that matters:

• Written WC Denial — DOES NOT EXIST. Claimant told verbally. No formal written denial ever issued.
• Mader Response to Dewart — DOES NOT EXIST. Dewart emailed 3/6/25. Mader never responded.
• HISD Incident Report — DOES NOT EXIST. School nurse examined claimant after fall but no report created.

STILL NEEDED

CLAIMANT

Steve Kaminczak — 979-436-5969 — kaminczak@gmail.com

LEGAL

MEDICAL

CARRIER

REFERENCE NUMBERS