Thanks Mike I appreciate it.
On the shoulder, back in October of 2016, I tore several tendons to my left rotator cuff. I also ruptured the bicep tendon all while on duty. My fellow brothers transported me to the closed ER and this was to be the beginning of a long long battle with Workmans Comp. It took them over 35 days to finally acknowledge my injuries and delayed my surgery that in my opinion resulted in a failure. It just so unbelievable how I can be in a profession where we go above and beyond to help preserve property and save lives only to get just the opposite treatment. It took me 10 months to return to full duty and a ton of PT they call "work Hardening". Every monthly follow up with the surgeon, I would tell him of the discomfort I was experiencing during overhead activities under a load. He would document this and insist this was normal and would take more time as I ended up with five repairs to my shoulder. Eventually I returned to full duty and breezed through the physical fitness exam all firefighters are required to preform to get the blessing for full duty. This final exam also came with some discomfort and noted. Fast forward 1.5 years and now the overhead work is much more problematic and after heavy use like pulling large hose lines from the the bed of a rig or pulling other heavy equipment results in popping and pain only the pain now last for days requiring anti-inflammatory meds.
Last October 2018, I went to a Shoulder specialist and paid out of pocket to see if this was as good as it gets as I had been told by others. I also paid for an X-ray out of pocket. His physical exam showed I was positive for Hawkins-Kennedy test. A positive H/K test is indicative of impingement or tear present usually to the supraspinatus tendon. His next request was for an MRI which makes perfect sense. Armed with this I then decided to petition to reopen my Workmans comp case in hopes of them paying for the MRI. The City of Tucson is self insured and utilizes a third party to manage WC claims. Tri-Star is the name and they don't play fair. They denied me citing they didn't agree with my recent ortho MD. They informed me of my rights to petition to the Industrial Commission of AZ (ICA). I did so in December 2018. By Jan 2019 I received a packet of interrogatories along with a threatening letter from a private attorney hired by Tri-Star. I spent 40 min answering all questions and mailed it back. I then received a summons to appear for a deposition by the same lawyer.
I began to read and educate myself on the process and learned they had failed to have an independent medical examination (IME) prior to denial. This IME is hired by them and usually writes an unfavorable repot that leads to a denial.
So I'm sworn in at the deposition and the attorney is asking all sort of questions and I'm as cooperative as possible. At this point I was already scheduled for an ICA hearing for Feb 2, 2019. I then informed him of the IME or lack of, his jaw dropped when he realized I would be heading into a hearing without ever being evaluated by one of their doctors. To be fair to this lawyer, it was Tri-Star who dropped the ball for hiring him without having an IME. I actually liked this guy up to this point. He made a call and had the hearing rescheduled for March 20, 2019. While he was off record he than began to get nasty with me claiming I was dishonest and that my case was an easy victory for him. It was then he stated how he specialized in discrediting firemen that I got enraged and it took everything I had to prevent from F@%#ing this guy up. I'm not violent but this guy really pissed me off. In fact a close friend of mine was taken out by this guy last December and had to retire before he wanted to.
I took a deep breath and held it, then exhaled very slowly regaining my composure. I said to the stenographer "on record" and reiterated everything this jerk had said off the record and told him that I would no longer point out procedural deficiencies moving forward and that I would be representing myself. I began to hate this man and saw him as a parasite fueling my desire to beat him in court. The way I see it, I would still have my shoulder fixed no matter the outcome but not without a fight from me.
I had the IME on Feb 26,2019 and the Orthopedic was brought down from Pheonix and rented an exam room from a local chiropractor. WTH? lawyers and out of town doctors to avoid a $700 MRI. I actually got along well with the doc. I began to throw out all the anatomy lingo. I've been a medic for 19 years and use this verbiage often when giving report so it flowed nicely without hesitation. After his physical exam, I asked him what his take on the Hawkins/Kennedy. He looked at me and said I was positive, I told him it could be found throughout my medical records since the failed surgery. Medical records I'm confidant he had in his possession. His next words where "You need an MRI"....Really? I've been asking for this since October of 2018. The next day while at work I receive a text message indicating an MRI appointment has been scheduled on my behalf. I also received a letter from the shyster attorney indicating a missed appointment would result in dismissal. The day of my MRI I'm actually driving to my appointment when I get a call from the MRI facility stating that they have not received any orders for my procedure and that I would not be able to have it done.
I say OK but I'm still coming in and signing in to prove I didn't miss my appointment. **** now I'm thinking conspiracy hahah. Five minutes before my arrival I make a call to Tri-Star and leave a message indicating more procedural deficiencies by them and the attorney and that I would be signing in for my appointment to prove I was there and ready. I threw them another bone
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When I arrived the lady was laughing saying she now had four orders that where faxed one after the other. I believe these idiots expected me to turn around and blow off my appointment since I was told they would not be doing it without orders. This would have been used against me and dismissal would have been imminent.
The day of my hearing March 20,2019 09:30. Two minutes prior to the judge walking in, the defendants (city) attorney slides an eight page IME report to me without saying a word or looking me in the eye. I ask what's this and he says read it. Needless to say, I couldn't read the eight page report prior to the judge walking in to start the hearing. The judge began with the usual verbiage only to be politely interrupted by me. I apologized for interrupting and followed up by stating her valuable time is being wasted on this case as The defendant's attorney is not following the rules of discovery. I also told her of the eight page report that I had received just two minutes ago. I also told her I had not received the MRI report from a week ago and all this evidence was required for me to present my case. She looked at the attorney and asked him how long he had the IME report and his answer was "I just got it" to which I objected stating "No your honor, I just got it two minutes ago", I then asked for a continuance as I was still waiting for the MRI report. She favored on my behalf and granted me the continuance. The new hearing dat was set for April 22, 1019.
I left the ICA hearing and drove directly to the MEI facility to find the report had not been mailed out yet. I requested a copy of MRI (CD) and the report. I read the three page report to find my original MRI from 2016 showed the same Hight-Grade tears to the supraspinatus and infraspanatus that my current MRI is reflecting. This reinforced my suspicions of a reoccurring rotator cuff tear associated with my initial injury.
Another BS rule I found was any evidence/documentation must be submitted within 25 days of the scheduled hearing. This was cutting it close as I still needed my new surgeon to review the old and current MRI and report. They say the lord works in mysterious ways. check this part out. That same day (March 20) I phone the new surgeons office to schedule an appointment. As you all know it can take weeks or months to see a specialist. I'm talking with the his scheduler and she says "he's booked until.....wait, someone cancelled for tomorrow at 09:15" I said I'll take it! Now the stars are aligning up for me. This would be on a Thursday April 21, 2019. The new surgeon asks me if I wanted him to testify on my behalf and I said no thank you as It would cost you money to pull away from your practice. He said let me know if you change your mind.These cases get tricky without an attorney to represent you.
I politely declined and asked his to save himself for my surgery instead.
His report wasn't ready until the following Tuesday March 26 2019 but had to work a 24 hour shift that day. On the 27th of March I compiled 147 pages of evidance accompanied by individual cover sheets per piece of evidence in accordance with the ICA rules. This took all day as I was very careful. I then had to work another 24 hour shift on the 28th preventing me from delivering/submitting the evidence. I hand delivered the documentation on the 29 of March.
Last week I get a copy of a letter (snail mail) to the judge from the attorney requesting that all evidence I provided in the discovery phase to be dismissed due to untimely filling.
The judges letter was sent via currier while my copy was sent snail mail delaying my response time. You see the tactics here? I quickly wrote a rebuttal indicating the rescheduled hearing date was set by them and left me little time to receive the needed MRI report and my surgeons report. I also indicated I had two 24 shift in there as well preventing me from submitting the documentation. I hand delivered the letter to the judge and snail mailed a copy to the attorneys buying me time. My filing was tardy by two days and with justifiable reasons.
Yesterday, I get a phone call but don't recognize the number so I ignore it. If they don't leave a message that number gets blocked as too many telemarketers have bothered me.
Late last night after servicing my mothers car I notice a voice mail. Its around 22:45 and I'm tired but I listen to it anyway. Its from the lawyer and he's sounds so nice and pleasant, a far cry from when he went off record with me back in January. With just four days from my hearing he informs me they are rescinding my denial and a hearing will not be necessary.
Part of me regrets not taking the call as I would have loved to tell him how a a firman representing himself kicked his *** at his game and that he would not stand a chance doing my job for less than an hour.
A win is a win. I just had to share the news. Never give up on yourself and no one will take better care of your interest better than yourself.
My evidence ready to be delivered in accordance with the rules of discovery. to the right is the ICA rules. A simple clerical error will derail you case....
I will say, I pity those whom are stuck in an office for a living but then again the only threat to them is a paper cut. hahaha
Do you know why they bury lawyers 150' when they die?......Because down deep they're nice guys.....
The entire back end of the FJ turned out fantastic.
