Sunday 27th August 1995 I didn't return to the Goulburn Caravan Park, in readiness for work the following morning. Instead on Monday 28th I attended a Wyong medical practice to request assistance.
On my advice and symptoms the Doctor accepted my advice of an injury and inability to return to work at this time. He noted tenderness over C2, T6 and L5.
He further reviewed the situation on 11th and 18th September. CT Scans of the lumbar and cervical spine were conducted on the 19th September showing "a diffuse disc bulge at L4/5 and L5/S1, early degeneration at L5/S1 apophyseal joint also noted, posterior bulge of C3/4 and C4/5". These results were reviewed on 21st September.
No testing was done on the thoracic area of the back as I advised nothing had shown on previous scans done at Newcastle, a situation I couldn't understand as this was consistently aggravated whilst driving or on physical activity.
Because of the medical situation and lack of reliable information he had to try to assess and treat three-year-old injuries.
He referred me to a Clinical Psychologist for assessment and evaluation, the results of which gave a better understanding and advised of injuries producing a pain based disability.
I was then referred to a Rehabilitation Specialist at Berkeley Vale, who I consulted on 5th October 1995. On reviewing the limited information available to him, he remained adamant after viewing the CT scans that these injuries could have only happened by a major trauma, similar to the accident I had described and could not happen under normal every day circumstances.
Whilst discussing a pain directly behind my sternum, he advised this to be consistent with a type commonly caused and referred to as seat belt injury. Although the exact injury was harder to determine.
His recommendation was for me to attend the pain management clinic at Royal North Shore Hospital. We were unable to follow this course of action as I didn't have the funds and the WorkCover insurer still preferred their ignorance to my injuries and wouldn't make the necessary funds available.
On 13th October 1995 in his absence, I saw a second doctor at the Wyong practice, who ordered a bone scan be conducted.
With the bone scan conducted on 16th October 1995 the report indicates focal uptake by spinous process at C2. It concludes "probable osteoarthritis of the hands and knees and possibly the cervical spine".
If you add this information to the earlier scans showing early degeneration (osteoarthritis) of the lumbar spine it proves the medical/legal previously noted from 10th May 1993 to be a fabrication or fantasy definitely not for the benefit of the injured party.
On my next appointment with the second doctor, he used the information from this scan as if to prove there were no injuries. Through his comments, believing he had contacted the Gosford GP that I couldn't trust, I informed him that I wanted to get back to work. I didn't want to know what wasn't wrong I wanted to know what was. If he couldn't or wouldn't assist me and he wouldn't accept medicare then I could give him no guarantee he would be paid, as I didn't have the funds to pay him.
I waited and contacted the original doctor I had seen in the Wyong practice. We continued to do whatever we could on the medical front that may eventually return me to the work force.
I was referred to a Manipulative Physiotherapist. My initial consultation with him was on 7th December 1995. After only 8 visits, on the 15th February 1996, the physiotherapist when advised of the burning sensation he was causing in my back that extended around my rib section discontinued treatment advising his techniques would be of no assistance with this injury.
From my last day at work 25th August 1995 up until 11th July 1996 I had been to in excess of forty-one medical appointments. These included - GPs; Clinical Psychologist; Physiotherapist; Rehabilitation Specialist and Psychiatrist.
In February 1996 I started contacting areas associated with driver training, both hands on and educational that ran courses that I might be able to participate in that would help me keep my skills and increase my expertise.
With this I hoped I would increase my chances of re-employment in my desired field, as the NSW Police had shown they had no intention of re-integrating me into any part of their work force. However I would not resign, relieving them of their responsibilities until I could say I was medically fit to resume work, which was still eluding me.
I remained on mailing lists with some of these institutions for a number of years. Every dollar that came into our possession during this period seemed to be spent prior to being obtained. Thus making it impossible for me to keep my boat and shooters licences or do the courses necessary to maintain my driving instructor's licence or gain any other qualifications in my desired field that might allow me to work in a less physical capacity.
My future was now being determined not by what I could or couldn't do but rather by the repressive tactics of the WorkCover system, forcing the injured into a position where they lose everything and have all options of a future life taken away from them. All the time still hoping for justice while the WorkCover insurer attempts to save money having denied liability.
On 29th February 1996, I spoke to my solicitor in relation to my WorkCover claim, he advised WorkCover should be able to bring pressure to bear on my employer as they, WorkCover, were a semi-government institution.
With this information I then rang WorkCover with the view of looking at options, as there had to be some way of ending the stalemate, only to be advised that any possibility of conciliation had expired as stated in their letter dated 19th September 1995. (Click to view letter) The only course of action remaining was legal. Industrial relations, my local member or the ombudsman may be able to help, although there is nothing any one can do if your employer doesn't want to take you back.
With a large number of people presumably insurance investigators watching and invading our home and aerial police surveillance that was so obvious that my neighbours commented as to what I must have been growing in my igloo. I just wanting this mess over and advised police assistance branch to refer the case back to HealthQuest.
The knowledge they gain from this assessment could be used to either send me back to PDT or place me into some alternate duties until I could return to PDT. Regardless, I wanted to be returned to some sort of employment.
After this request I was advised by letter dated 17th June 1996, I would be required to attend another HealthQuest assessment to determine my fitness to continue duties. Then a letter dated 20th June 1996 was received from NSW Police advising me to attend an appointment that had been made with HealthQuest on Thursday 11th July 1996.
I must relate the events of how HealthQuest made their final decision. On the 11th July this medical assessment proceeded in the same caring manner as all the other appointments. A few callisthenics, pee in a bottle, drug testing etc, nothing apparently seen or learnt, so I passed along their production line.
The last phase of this evaluation was to have a chat with the psychiatrist. The normal type questions as to whether I liked the job, whether I still wanted to do the job the way I had prior to the accident were asked, then this question three years too late. "While you have been talking to me your right arm has been jumping. How long has this been going on?" I replied "since about the time of the accident". The psychiatric assessment was then terminated and I was sent back to his colleagues with him requesting they do their job properly and diagnose the cause.
This psychiatrist being the first to acknowledge an injury that he wasn't even looking for that's how obvious it was.
My wife first contacted our GP on 8th August 1992, as we knew something was wrong. This was also noted in the first solicitors report dated 23rd November 1992 as 'Muscle spasms causing twitching of the right arm', as this was the wording used to me by the GP at the time.
The HealthQuest medical practitioner now unable to answer his colleague's questions, then had to re-evaluate what he had neglected to see an hour earlier and what HealthQuest had failed to assess on all prior occasions or thought would miraculously heal itself.
At home a few days later I received a phone call from my GP. He, now being asked by HealthQuest for further information, felt they required him to make a house call to assess their now urgent concerns.
He had assessed part of the injury to be of neurological origin. He had prescribed medications for this reason which had been very effective in lowering sensitivity and pain in specific areas of my body. Not having all the answers he referred me to a Neurologist to see if an EMG may provide some helpful information.
Whilst conducting the EMG the nurse noticed a pulsating in the area of the right hand between the thumb and first finger causing her to call the doctor to evaluate her observation. In his consultation room he informed me that what was showing down into my hand could only be caused by severed nerve.
With no less than five entities, requiring verification of this injury, the neurologist determined a second impartial opinion was required. He was aware of the distrust surrounding the situation. He knew this was a denied liability WorkCover insurance situation and it was on these same premises I had seen the neurosurgeon, who had deemed there to be no neurological injury or medical reason for me not to be at work some years earlier.
I was therefore referred to Royal Prince Alfred Hospital, Camperdown for further testing on the 17th September 1996. With these test results HealthQuest had some of the information they could and should have assisted with three years earlier that will now enable them to make a slightly more informed decision on this particular injury only.