Workers Comp Help
Paramedic Assaulted On The Job
I am a Texas paramedic, this is a one of a kind job, it was a gift from GOD. When I was making the grand choice of what I would do with my life, I chose paramedicine. I was so proud of putting myself through school, you see I was a single mother of two, I worked 3 jobs, took care of a home and family and paid my own way, with no help from anyone I was a success.
In Feb. 1998 I chose to quit the ground and flight ambulance, and go to work for a private home health company in their respiratory department. My family was so relieved at my choice, I would still be doing what I loved, but was in a less stress and more controlled setting.
My nightmare began on August 8, 2001. I was asked to go by a patients home to retrieve some oxygen equipment, since the warehouse men were having trouble. Well trouble usually meant that the patient had returned to work and therefore no one was at home to return the equipment. I was told nothing else of the "problems".
On this morning I arrived at the patients home at 11:00 am. This patients son answered the door, the mood was tence and I felt something was wrong. The young man was angry about the billing his father had received, as I tried to assure him that billing had been stopped and any outstanding would be waved. He still was a very angry boy. I told him I knew his daddy for I was the one who cared for him during his illness. This did not help, I asked for the equipment and he responded by throwing a E oxygen cylinder out the door, and shouted that I need to call his father.
I returned to my car and phoned his father, much to my surprise the father was upset that the equipment had not been picked up before now. He stated he would phone his boy and instruct him to return the equipment. When I returned to the porch, I waited to see if the young man would come to the door.
Well as you might have guessed he did in fact come to the door, however all I saw was a 65 pound oxygen concentrator heading right for me! The machine struck me in the inside of my left knee. I was terrified, knowing this was a very bad situation I shoved the machine to my car, disregarding the fact that I was hurt. The young man along with three of his friends came once again to confront me, with an oxygen cylinder over his shoulder he ( and his friends) threatened me again, as I backed around the car I tried to talk them out of what the had in mind. This must have worked because I am still here today.
I was able to get into my car and leave, four blocks and lots of tears later I realized I was indeed hurt, the blood was running down my left leg, and pain was setting in. I phoned my boss to tell him of the situation, and to request police intervention (not knowing company police on this type of situation) My boss said "I'm sorry your having a bad day" I explained I was NOT having a bad day, I was just assaulted. He said I should NOT go to the police, I should just get out of town! and the company would take care of everything.
I worked the rest of the day, not once did I hear from my office. When I returned at 4:30 pm. The cold ice could be cut with a knife, this was very upsetting. I was the told "good job" from the warehouse manager, she said "my guys have tried to get that stuff from that kid for 2 weeks". I replyed " you knew that this kid was trouble, yet you didn't tell me?" she laughed and walked away.
That evening I told my husband of the days events, he was fit to be tied and heading out the door to take action. I told him what my boss said, he then called him. He was told the company would take care of everything and if he got involved he would just mess things up.
I was trained to document everything, so that's what I did. I began that night by taking pictures of my very swollen and bruised knee, and writing down what had happened.
Thursday 8/9/01 I returned to work this am. I spoke to no one about what had happened and oddly no one spoke to me. My boss finally asked about my knee, I told him and also inquired about seeing my doctor, he said I should, and that I should fill out an injury report. I agreed, however before I could even get out of the chair he told me I would need to go out of town on this day, to four different towns. I said fine. I did however try to get my Dr before I left but his office was not yet open. When I finally returned that evening I was asked if I had made an Dr's appointment. I explained to my boss that "he" sent me out of town and that now the drs office was closed for the day, so I would have to wait till morning.
Friday 8/10/01, I went to work as usual, my boss asked if I had made an appointment yet, I explained that the Dr's office did not open till nine and I would call right away as soon as they opened. I did get through to the DR they wanted me to come in at 2 pm. I told my boss this and all Hell broke loose. He said " that is not good enough, you will just have to go to the ER!" I tried to talk to him and tell him it was my understanding that it was my choice to whom I see. That did not work. He yelled across two offices " I don't want to hear another damn thing about your problem", I was shocked since I had not talked about this to anyone.
I call the HR department and was told I was right, they then asked what had happed and I told them everything. I was then asked "were you scared" I said yes I was for you see I am only 5' tall and weigh 110 pounds. I also told of how the "men" were sent out and had problems with this boy, yet the sent me with no warning. They then asked to speak to my boss so they could explain to him the workers comp rules. This is where the nightmare really starts. After he was on the phone for an hour, he said he needed to talk to me, so off to the conference room we went. This was a one sided talk, his! I was left slammed to the ground and totally upset, I asked if I could go home because by now my mind was spinning and I was so upset I would be of no use to anyone.
I went to the Dr at 2, I had x-rays and an examination, the dr said my knee was so swollen it was hard to see anything on the x-rays, I was given pain meds and told no work till I was seen back in a week. I called my boss and told him, I then made a copy of the dr's note and gave my office the original. I called HR and asked about my pay for the week and was told if you want to be paid you will have to use vacation time. I told the I did not get assaulted to take a vacation. I was then told then I would be off with no pay. I returned to the dr a week later. He said I needed to stay off work, however I told him I could not afford to be off, so he said I could go back on light duty, with some very serious stipulations, and that i was to call in two days and let him know how I was doing because he was not releasing me yet. I agreed. I phoned my boss and told him what the dr said, he said fine. I returned to work the following Monday, only to be told I was on call for the !
week, I gave the the drs note with the restrictions, well that was a joke, I was slammed with work from sun up to well past sun down. I tried very hard to keep within the restrictions, but some things I was told to do prevented this. By Wednesday I couldn't take the pain and swelling I called the dr and he wanted me to come in at 1 pm, I informed my boss of this appointment, but I guess they didn't hear, because they kept slamming me with more and more work. I did tell them I was going at 1, and that was that. They said fine that will be your lunch hour.
The Dr took me back off work effective immediately, I returned to the office with this note from the Dr, I made a copy and gave the original to my boss, I was then asked "well are you going to finish the calls you were given?" I explained that the Dr said "NO WORK STARTING NOW" I was then told to go home
The following week I returned to the Dr, the swelling and pain were increasing, an mri was ordered. I had the mri and was the sent to an orthopedic surgeon, because there was something wrong with my knee and that they also suspected that I had RSD. I went to see this new Dr, he offer no information about what was found and sent me to rehab. This was the most painful thing I have ever done. I told the pt how bad this was hurting and that I thought more damage than good was taking place. When I returned to this Dr in worse shape he said nothing, and to continue pt. I tried my best to do as told, I was getting worse not better. I had not heard from my company nor workers comp.
I asked for WC information from my employer, this was denied. I finally received the information on Sept. 11, 01, after I received a bill from the two doctors and physical therapy. I call the WC insurance carrier, they told me that the company reported that I was back at work, and there was no report of me being off work. I told her about me going back for 2 and 1/2 days, when the Dr took me back off, I told her about the bills I was getting from the doctors. I was then asked if by chance I had copies of the Dr notes, well being the well trained paramedic I DID! she asked me to fax them to her along with a copy of the bills, so I did at 3:10pm that same day.
Finally mid Sept. and I got a check from WC. this was a blessing for us. We were really starting to panic, without my income.
Sept 20, 01, I got up on this am, but my knee poped and locked the swelling and pain were so horrid, I tried calling the Dr, his assistant told me to ride a bike!, I called workers comp, they said good news you can go back to work light duty, I tried to tell them what was happening, no luck. I called my employer they just said we don't have anything for you to do. No one would listen to me, I couldn't fight back the tears through the pain I finaly called my husband. He left work and was home in a flash, and now he was angry. He called workers comp and told them what was happening and that no one seemed to hear me when I called, he then told them what the Dr office said and asked to take me to the ER or back to our Dr. they finally said fine. We did get right in to my Dr. he asked what the orthopedic dr had done, we explained how he just kept sending me to therapy, by now everyone is angry. My Dr called the ortho Dr and it was set for me to see him in the am, I was given an Rx!
for a splint and crutches and was told to go to where I worked for these. We went on our way. I arrived at my work site only to be told after an hour they had nothing to fit me. We made three more stops before we found a splint and crutches.
Next am my husband took off from his job to take me to the ortho Dr, he came in and said "mabye I should scope your knee and see what's going on, also he thought I had RSD in my knee" he explained that this is nerve damage caused by blunt trauma. A date was set for surgery Oct 18, 01.
Surgery day, my knee still has no range of motion, and the pain is unbearable. The Dr told my husband the was a hole knocked in my knee cap, so he cleaned it and drilled more holes for better blood circulation. All I remember is the pain, another Dr was called in to do a complete nerve block, which paralyzed my legs. I was then sent home. My husband had to miss more work because now I could not walk at all, he had to carry me everywhere for two days, then the block wore off and the pain returned with a vengance. My husband called the Dr, he increased the pain meds and told him to bring me in the next week.
I returned to the Ortho Dr. he said no rehab, because I had RSD, and that I would not be able to withstand the pain, and to go home for now.
Now, still no range of motion in my knee, more pain and no plans yet as to what to do.
I called WC and requested another Dr. after a week of trying I found one that would see me. I filed the appropriate forms to WC and request was approved. I now have an appointment for Nov. 7, 01.
The new doc, he requested a new mri and a bone scan from WC, he was denied, everything he asked he got a denial.
Dec. 01, 01, I got up this am and made my way to the kitchen, I turned to speak to my husband and found myself laid out in the middle of our bedroom, the pain was so intense went I was falling I twisted so that I would not land on my knee, I didn't, I landed on my right side, now off to the ER.
We arrived at the ER, I explained what was happening and what had happened with my knee, they got me right back to a room. The Dr on call came in and gasped at the shape my knee was in, I told him about the Dr, trips and filed him in up to this point. X-rays were ordered, and pain meds were given. The doc returned, he said I had broke my second rib, and then asked if I knew my patella was fractured. Of course we told him no we did not know that. I was splinted, medicated and released and was to return to the Dr the next Am.
We arrived at the Dr this am, x-ray and er reports in hand. My doc once again reqested and mri and bone scane from WC, they told him that they had three days to review his request and they would get back to him. 5 days later they finaly ok my Dr. I had a new mri and a bone scan.
Returned to the doc to get the results. My doc wanted to see the first mri the other Dr did and asked if we could get them, we said sure. He then said he needed to scope my knee, then place me on a cpm machine to make it bend and that this would all be done in the hospital, because of the fact that I had RSD and would need pain control. However if the first mri showed what this new mri showed he would have to open my knee and do major repaires. We said ok and left to get the first set of films from the other Dr. We were able to get them that pm and took them to my doc. My doc them submitted his request for surgury, once again he was told they had three days to review his request. Surgery was set for Dec. 18, 01, however we had not heard from WC, I called, and called. I told them this was going to take place if I had to pay for it myself, this was crazy waiting this long for them to reply, finaly 1 and 1/2 weeks and one day before surgery we got the ok from WC.
Surgery day again, my husband was told this should take about an hour. Four and one half hours later I am out of surgery, alot of pain and no cmp. My knee is not to be moved. The doc after seeing the first mri found that I had a fractured patelle, ruptured quad tendon, severe nerve damage, and the tendons and ligaments were ripped away from the patella, all of which he had to fix. I remained in the hospital until one day before Christmas. I was released with the understanding that I was not to try to bend my knee because of all the repairs made, I agreed to do nothing, and we went home.
Dec. 24, 01, I got a certified letter from my job today, it said that I NO longer had a job, I was fired! My husband called my boss he said he new nothing about it. Well Merry Christmas to me.
Dec. 26th, went to the doc today, I was place in a long leg cast, he said I could not bend my knee because it would break everything he fixed, so a cast for six weeks.
Mid Feb. 02, went to the doc he took the cast off today, back in a splint still on crutches. Will return in two weeks.
Nope next day back at the docs, Knee is very swollen and very painful, he said it was not healed, so back into a long leg cast.
Next day, cant take the pain, and the circulation is not good in my foot now, back to the doc. He cut the cast off and put on another, stay in the cast for another seven weeks.
May, cast is finaly coming off, my doc is asking WC for three days in the hospital for epidural with cpm to get my knee moving. Finaly after no movement for eight months theres a chance.
1 week and we hear from WC request DENIED, they do not think it is nessicery.
Second request made to WC this request was also DENIED!
July 7, 02 request is made for a new mri and bone scan. 1 week later, approval is made. MRI show tendon still torn, bone scan showed abnormal, poor blood flow and activity RSD getting worse.
July, 02 another request is made to WC for hositalization with epidural and cpm to try to get my knee moving. Request DENIED.
However, WC will concider it if another orthopedic surgen agrees with my doc. WC will set up an appointment with another doc.
AUG. have heard nothing from WC
Sept. Have heard nothing still from WC
Oct. Have still not heard from WC, I will call them again.
WC said it was my resposibility to get the second oppinion, this is news to us. I called every ortho in town, no one will do a second opp, for WC. Called Wc back to tell them I cant find a Dr so my doc was going to find one. Wc said no they would send me a list of Drs and that I might have to travel out of town to see one. WC also said they were going to send a nurse to my home to file a report of my condition for them.
A nurse came by was shocked and wasted no time telling WC, amasingly WC called the next day with a NEW Dr appointment. for the end of Oct.02
Once again we had to gather all reports, films, tests and records for this man.
I went to the second oppinion, he said he did not take workers comp. for the reasons he was seeing now. He agreed with my doc but said three days would not be near enough to try to getmy knee to bend, he also said that it had been let go for so long that the RSD was in stage three and that there was no cure for it. Great.
I called WC and told them what this doc had to say, they said they would get a report in a day or two and call my Dr. we'll see.
Nov.02, havent heard a word from WC, my doc resubmitted a request for 10 days in the hosp. for epidural with cpm, havent heard anything back from WC.
Dec. 18, 02: WC replied, said my doc could have 3 days. This however will not take place until Jan. 20, 03.
Jan. 20, 03,: went to the hosp. today for epidural with cpm, things went from bad to worse, the epidural came out twice and even though my knee was bending to 25 deg. everthing was stopped and I was sent home!
Jan. 22, called my doc, my knee was killing me and I had a massive headache, he said he dosnt know what happened and that it sounded like I had a spinal headache, so he and I tried to call the Dr that did the epidural, his nurse called me back and said" there is nothing he can do for you, just lay down" I called my doc back and WC, nothing from WC my doc sent me to the ER for a spinal headache. Sure enough thats what it was so 5 hours later some other doc is doing a blood patch. The Dr that did this said he would do an epidural if I wanted to try it again, so I told him I would tell my doc and see what happens. home finaly at midnight.
Called my doc to tell him what happened and what this other Dr said. Once again he requested from WC 10 hospital days, they took 2 days this time and granted 3 days.
Monday Feb. 3, went into the hospital to start all over. I do not remember this entire week. Husband said it was bending up to 50 degrees, but once again the Dr who put in the epidural took it out right at 72 hours after he put it in, because WC only gave him three days.
Feb, next week, had a bad reaction to the drugs someone gave at the hospital, now not only is my knee worse than before, the pain is unreal but I am not taking anything for it, I am sicker than a dog from the drugs they gave me at the hospital and no one is at fault!
WC said the Dr who did the epidural it was his fault, My doc resubmitted for more time like he was told to do by WC, yet WC told him the other Dr had to submit a request and did not do so.
Now, I have my doc saying WC lyed to them on what to do for more days, and WC said the Dr dropped the ball. Yet I am the one paying the price for everything.
I return to my doc Feb 19, I will find out about surgical manipulation, if it can even be tried now. I also have an appointment for the 21st for my MMI. I do not know what will happen next, but I do know that not just my knee is gone, I have lost all muscle and strenght in my entire leg.
My livleyhood, life dream has been destroyed, my husband and children have sacrificed so much because of "bad judgement calls", I have thought often why? why has this all happened, if I had used our insurance I would not be in this situation today. I have never been a pearson to sit and do nothing, I love people, my family, hunting, camping, fishing, hiking, snow and water sking, traveling and making love to my husband. But now that is all gone. I can not sit for long because it hurts, I can not stand because it hurts, I can not ride in the truck for long because it hurts, I can not sleep through the night because it hurts, and my wonderful husband is suffering because the romance hurts.
Why are these workers comp. people allowed to destroy not only one life but a whole family, I on many occasions offered to fly to where they are to show them what all this denied, delayed BS has caused. They dont want to see me, they say we feel for me. They would not last 1 hour in the conditions I live with and have been living with for 18 months now.
Something has to be done about the system. I am only 41 years young and in a matter of 2 seconds on Aug. 8, 01 my life was destroyed. This could have and should have been taken care of right, from the start. I resently found out that the workers comp. Dr. "DENING" all of my docs request is a rehab Dr. He is not an orthopedic Dr. yet he is making the calls as to what can and cannot be done. What has WC done? My doc whom I might ad is great will no longer accept any new workers comp, because of all that we have gone through. This is by no means his fault, he has tried and tried yet workers comp just denies.
We can place a man on the moon, and we can give new life with transplants why? Because workers comp is not making the calls.
I have God and my family to thank, for wanting to go on with each day, for not giving up and for dealing with the pain and suffering. I will go on, I will find a way to get some part of my life back. But I also know that workers comp will not be there to help me, for they have proven this on many occassions now.
Thanks for nothing workers comp. May God find pitty for you all, and I just cant figure out how you sleep at night.