QUICK ASIDE:
I had fallen a couple years earlier, (March of 2001) while trying to get a 400+ pound patient onto a gurney to take him to the hospital. I was supporting him from behind when he passed out and took me to the ground with him, I protected his head in the fall, but tore the rotator cuff in my left shoulder doing it. Because I had never torn anything (not in my spine) before, I was unaware of the situation for a couple weeks. You see I have found that if it doesn't clear up on it's own in two weeks, I probably need a surgeon. Unfortunately I hadn't come to this conclusion as yet. I waited about 3 months, and at my next doctors appointment, I told my doctor about the searing pain and lack of mobility in my left shoulder, and he said "Well let's get an MRI and see what's wrong". It came back a torn rotator cuff. After months I had obviously forgotten about catching the big guy, and I had to have the department's injury report guy, "yes we had one." Look up my injury reports, to find one from the correct time frame and with the proper symptoms to fit the problem. (We had a guy, who had to ask permission to use the key he was authorized to carry, to open the cabinet with the injury reports in it. This was the city's answer to free access, they could say a member had full access to the reports and had a key to the cabinet holding them. But if anyone inquired, who would think of asking if he was allowed to use the key without permission? So only limited access was available.) I finally got the reports, and found the one that absolutely fit the situation. So I started a claim. That's how I met my current attorney. I lost the case and had to settle for a cash payout after having it fixed at my own expense, (insurance), it took another 6 months to get it repaired, during which time I learned to love the pain meds and anti-inflammatories. And lost a ton of the time I would have been paid for when I retired. Roughly $20,000 of retirement stolen by the cities lawyers. And the City's policy (instigated by McCleod) of deny everything.
Before I was totally hosed.
During this next wonderful experience, I was retired without my knowledge or consent. According to the written rules of the state of Ohio's Police and Fire Retirement System I had 180 days to terminate my employment after accepting a retirement offer. As I had so many documented injuries and obvious limitations from my back and shoulder injuries, I was assured a disability retirement, the only question was the amount of disability, 60% which I was assured of , or 100% which I would have to prove. I knew I couldn't prove 100% because I was in pretty good shape at the time, just couldn't stand upright sometimes and couldn't reach over my head with my left arm. But I thought I could get a little more than the given 60% if I went through the steps required. I had a good 27 years available if I bought my military time. I was scheduled for a complete physical on Monday November 3rd, I had been advised to get the physical before deciding about retirement, in case of a soon to be fatal situation it is always better to die while on the job, it gives the wife a much better chance of some sort of livable retirement settlement, instead of the standard $600.00 a month they usually get, (great deal for a dedicated wife of a fireman, huh?)
The Accident.
While performing a primary search in an unoccupied dwelling at 678 Hazel St. on Sunday November 2nd 2003, at approximately 1:45 in the morning. I stepping through a hole, left in the floor of an upstairs bedroom, by previous fire department activity in the structure. I must have thrown my arm out, judging from the bruise on my right elbow. I was unable to extricate myself as I seemed to be jammed in between the joists, and could get no leverage, my left leg and right shoulder/arm were the only points of contact I could push against, and I could get no leverage. My face piece was pushed to the left and leaking air, adding to the fact that my head was twisted nearly backwards and to the left so it was hard to hear anything around me. I called out for assistance, and was soon pulled from the hole. I have no idea who pulled me out. (I later discovered it was Bill Hailey and Dave Oneill ). I retrieved my helmet which was lodged in the wall at the end of the hole, and someone stayed in front of me on the steps, so I could hop down the stairs on one leg, and lead me out of the structure to the street.
The first Hospital visit.
My left knee felt like it was really bruised and I couldn't straighten it out completely. I removed my equipment and went to the command post and asked to be taken to the hospital. The Captain in charge took me to the Emergency Room at City Hospital, where they met me at the door with a wheel chair and took me immediately to a treatment room, After a quick examination I was directed to ice my left knee and was very soon taken to have my left knee x-rayed. After reading the eX-ray the Dr. said it appeared I might have torn some tendons in my left knee, but I would have to follow up with a specialist for verification. I was given vicodin for the pain, an ice bag and crutches. I was directed to see my own physician. He gave me an off work slip for 1 week. Just to add insult to injury, I was sent a bill by the city for an ambulance ride I never got. Over $400.00, for a two block ride in a Captain's car, needless to say, I didn't pay it.
The crutches really hurt my right shoulder, which had become locked in a position that seemed to limit it's movement to about 5 degrees from vertical and no rotation. At 5:15 the morning of the 3rd I was awaked when my shoulder snapped back into place. I knew from a similar situation a couple years earlier, ( that allowed the city to screw me out of $20,000.00, see above) that when a shoulder is out of the socket, the rotator cuff is most likely torn. I lost the workers comp claim on that shoulder, because I waited to see if it would get better, instead of demanding an immediate MRI. Lesson learned. Though it would take me longer to have this shoulder fixed, than the one I lost the claim on. Which I lost due to taking too long to determine the problem. Go Figure!!
The First Doctors Appointment.
On Monday November 3rd I had an appointment scheduled with my family physician for a complete physical. As I was scheduled for first thing in the morning, I showed up using a cane and explained my situation. My doctor is a sports medicine specialist in the family practice, he examined my knee and right shoulder. I also told him about the neck and jaw pain that I had later become aware of. He noticed, and asked about the large bruise on my right elbow, that until that time, I didn't know was there. I was sent for X-rays of my shoulder and my jaw and my neck, which had been a problem since an earlier fall that year (March 6th on ice, whiplash type injury), but it was starting to stiffen up by this point.
I was given some muscle relaxers and pain pills and sent home to see what would heal and what would need to be repaired. I have come to the conclusion, that for me, if it doesn't resolve in two weeks, it needs to be surgically repaired. I was sent to see a specialist, regarding the knee injury, and scheduled for an MRI of my right shoulder. Mean while my "case" was referred to the cities MCO. This is a group, of failed doctors and nurses, who's apparent job is to second guess, and block any actions by the individuals physician, to get anything diagnosed or repaired. Thus saving the city money, and making sure the injured worker is kept in as much pain and discomfort as possible. If they do their job correctly, they can block and stall, any and every, diagnostic test or therapy prescription for months, in some cases even years. Of course they accomplish this, while expressing their intense concern for the injured worker and make every attempt to get the worker, back to duty as soon as possible. Even if it is totally unsafe or physically disastrous for the worker.
The Specialist.
To see a specialist, there needs to be a "change of doctor form" sent in and authorized. The specialist can then begin sending forms to WC, to try to get actual diagnostic tests performed, the second round of requests, that will again be subject to being blocked by the incompetents at the MCO. As a specialist is making the request now, it is harder to block and sometimes they are finally authorized. One little point that needs to be made, if the specialist offers to prescribe the same, or stronger medications that the initial doctor did, take them! Even if you have plenty of drugs and don't really want to move on to stronger prescriptions, go ahead and take them. First off, Workers comp has to pay for the pills now, not you. And second, the jackasses at the MCO may not realize you have already got some high power meds from your initial doctor visits.
The First Colossal Screw Up!
In fact, I was ordered back to duty, as a firefighter, because some dumb nurse (MCO), didn't realize, that I had prescriptions that I had to take, just to maintain. Prescriptions that made me unsafe to drive myself, and even unable to retain consciousness for the majority of the day. I made every effort to block this stupid move. The two doctors felt they could do nothing more than give me letters to stay off work. The city (fire department) said they couldn't let me stay off work if the MCO said I should be back. And the MCO (failed nurse) said I was malingering and needed to get back to work, as the specialist hadn't felt it was necessary to even give me a prescription!
Returned to work heavily drugged!
So I went back to work. I would get up in the morning, and drive myself to work, where I would immediately take the pain pills and muscle relaxants that kept me from screaming, and go lay down in a bed. I would sleep, in full uniform, until time to go home, or therapy, which I scheduled at the end of my day. I would then drive myself again, against doctors orders, and the cautions on the meds, to my next destination where I would take lesser meds, to accomplish my assigned therapy, or full strength and crash at home until the next morning. I only had to do this for a little over three months, until I could get authorized and scheduled for surgery on my destroyed shoulder.
Surprise Authorization for Surgery!
While I was recuperating from my shoulder surgery, I had decided i wouldn't be going back to the wonderful light duty I was sure to be authorized to do, much too soon after the surgery, if any of my previous experiences were to hold true. So I started fighting to get the knee surgery I needed, as soon as possible after the shoulder surgery. To my surprise I was authorized for the knee surgery in about 4 and a half months. A couple weeks later I discovered I had been retired without my knowledge or intent. This almost immediately after I had accepted a disability retirement so that I could contest the amount. If you remember, according to the OP&F, I had 180 days to terminate my employment. This would have completed the year and added to my retirement, and helped with the tax situation, of my payout, which I had intended to put into the states Deferred Comp Program. By retiring me without my knowledge, I lost all these options. It literally cost me over $30,000.00 because of their actions, basically cutting my retirement in half. Quite a screwing for a little guy. Thanks so much for the support, after 25 years of being a good to great employee, but that's just my perception obviously.
After only two years and six months!
After enough time passes, and enough meetings are attended, and the whole process finally decides I have lost, I can finally get the MRI which shows that the discs in my neck are totally destroyed. In view of the continuing deterioration of my condition, the decay of mobility and increased levels of pain and discomfort, it was suggested that a fusion of my cervical spine at three levels, would be required to stop my total immobilization. As workers comp wasn't in a position to block this treatment any longer, I could arrange to have the required surgery. The biggest hold up was scheduling, but a month after I was told what needed to be done, it was. I am out of pain, totally mobile and able to resume activities I had nearly lost all hope of being able to accomplish only two months ago. So it is more than evident that the Workers Comp System in Ohio was not only not a benefit to me, but most likely caused the nerve damage in my right arm and hand to be worse than it needed to be, by delaying the required imaging and subsequent treatment that has given me back use of my arms.
All in all, it has only taken 3 surgeries so far, to correct my malingering. I still need a couple disks replaced or fused in my lumbar spine. But to date, I have had surgery on my right shoulder (Rotator Cuff, Mumfort, Clavicle Reconstruction), my left knee (Arthroscopic repair and debriedment), my cervical spine, two and a half years later, (three disks removed, donor bone inserted, and a titanium plate and screws installed) this was all unnecessary of course, because I am a malingerer (per the highly qualified MCO nurse)!
Continuing Harassment!
I have been subjected to repeated examinations by "Saturday morning, meet me in the alley behind the.." quacks, who find exactly what Workers Comp and the City of Akron direct them to find, and been stalled on required diagnostics and repairs for years.
Having most recently had my cervical spine repaired, I can say with certainty! Had efforts been undertaken to repair the problems I had, rather than stalling as long as possible, I could have returned to full duty in about 9 months. Comparing that outcome to being dumped and fighting the system for three years. I certainly would have been better served to be free of all the high powered addictive drugs, and I think I could benefited from the ability to walk upright sooner. So I feel safe in saying, the system is a failure. Of course anyone who has ever had to deal with the incompetence and ignorance that exists in government is well aware of the shortcomings in help systems that don't, and support systems that are based on how much the lawyers can make from the inherent confusion in place to obfuscate efficient operation.
WC things I learned.
- 1: Make a report, no matter how trivial the injury seems.And remember, as the department policy is to fill one report in, and send a blank signed copy to be typed, they can write whatever they want over your signature, and occasionally will.
- 2: It was a sudden , sharp, tearing, intense, debilitating pain at the point of injury while falling, twisting turning or lifting or holding or attempting to..
- 3: Go to the Doctor immediately or directly from work, don't make an appointment for next week, do it now!
- 4: Have Workers Comp pay for all prescriptions, appliances and therapies related to the injury, never pay for anything yourself.
- 5: When visiting the incompetents you will be sent to for the "faux exam" don't tell them anything except where it hurts, they will just screw up the information anyway. Tell them where it starts to hurt and refuse to move any further even if you can. Pain isn't compensated, and they are going to minimize your limitations anyway, it's how they get rehired.
- 6: Expect to spend the next three years in hearings with lawyers who don't care about anything but what's legal, and realize, they will determine your medical treatment, not the Doctors who should be directing your care.
- 7: Take every drug you are offered, don't be brave, before it's over you will have suffered enough, even having taken everything offered. It's going to be years before this ends.
- 8: Pick the right Doctor, if you are going to need surgery go to a surgeon. If you are going to need surgery on your spine, go to a neurosurgeon, they understand nerves, the most important part of your spine.
- 9: Check every report, check every statement, check every request. Log onto the WC site and follow your case as if it were a sport. They will ask for treatment of the wrong joint and it will cause months of difficulties, even refusals of treatment. Which take three industrial commission hearings spaced out over multiple 18 week periods. They will authorize things and not tell your Doctor, you, or your lawyer. The information will be put under the wrong number, in the wrong file or authorized for the wrong person. See the 18 weeks above.
- 10: You are the only one who cares if you ever get better. Every other entity in the system is motivated by money. If you die, the employer saves money. If you live and suffer, everybody makes money. If you get better, well that will just be a freaking miracle!
After a total of 3 years and 7 months still no end in sight. I had a mediation hearing today, an "attempt to get together, and get this thing sorted out", according to an attorney general something from the state, amazing how many "little man syndromes" one runs into, in legal matters. Anyway, they offered a total of $10,000.00 dollars to compensate for my destroyed shoulders, neck, back, and knee, and complete un employability. As the neck surgery alone cost $28,000.00, paid by my insurance, and my back hasn't been touched yet, I think they are a little light in their offer. And to top it all off, I received a letter demanding I return $20,148.00 someone at the new office,( being as I moved, I'm now in a different system somehow) thinks I was overpaid, over a year ago. As my injuries alone are conservatively estimated at $200,000.00 not to mention the "wrongful termination" and lost opportunities (DROP $440,000.00) and pain and suffering (two years of totally unnecessary, excruciating pain, due to not fixing my neck). And the fact they have yet to pay on the 12% permanent partial I was awarded over a year ago, I don't think they are getting anything back. But, I turned it over to my lawyer, and this goes in the "unnecessary emotional trauma" column, worth millions I'm sure.
Update on the permanent partial: OK, I thought I was getting 24 weeks of my pay for the permanent partial, you double the amount of percentage and that's the number of weeks pay you get, a half a years salary. WRONG! it's at a set amount related to what McDonalds employees might have earned, it came to less than $3000.00 and they still think I owe them $18,000.00+ from the "OVERPAYMENT" they claim I received. So to date, I'm still about the original $30,000.00 in the hole, from the original shoulder injury they disallowed, where they stole my retirement monies, and the way they retired me, (SURPRISE) that cost me all the unnecessary taxes. All in all a great bunch of people to work for. Strange, as much as I liked my job, and all the people that really mattered, actual members of the Fire Department and it's immediate administration, I am really surprised at the total lack of support a person gets when they are injured in the line of duty. Simply dumped, and gone, good riddance.
Update 2, the new venue I'm in, due to moving, is not as obviously owned by the city of Akron as the Ocasec buildings denizen are. My case in point, I actually finally won something, and I think it might be because the evidence was looked at by someone, not in the pocket of the city, so to speak. In esscence, it was determined the falling and whiplashing of my neck made it worse than before. I had no related problems before the fall and it got steadily worse afterwards, so I guess the fall on my back on the ice made it worse. The fall through the floor finished me off, though, and the neck twisting I got there is not even recognized anywhere as having happened. Except in all the letters I sent everyone reporting it. So anyway, I called to have the neurosurgeon that fixed my neck, submit for payment, so that I could get it off my insurance finally and the workers comp site isn't up to date, by over a month, regarding the hearings to date and I was told it would be within 48 hours of a real time record, I was told it is the law. Yet again, I am lied to, by the very people who are here to help me. Obviously it's no surprise by now.