With the instigation of this website we have been able to widen the distribution and bring this matter to the attention of some who could or should have already taken action but for one reason or another haven't and to those who by chance have stumbled on the site and care to be more informed as to how our government and their institutions treat their unfortunate constituents.
I have been able to advise of the information that has been detrimental to myself and my family and should be more detrimental to those who by their inaction would appear to be uncaring or incompetent with their mishandling of this situation. Three responses have subsequently been forthcoming.
1) The Bar Association in conjunction with The Law Society have ongoing concerns about the actions of those in their profession, not acting in the best interest of their clients and society. Through their TV commercials and website are urging members of the public to lend their support and petition government as to the unfair situations that currently seem to exist. They have shown interest in my case which is currently being assessed by them.
2) The Ministry for Police on 27th March 2007 advise 'the determination of health quest which led to my medical retirement and the determination by the court relating to the workers compensation matter were both made independently of the NSW Police'. Can you believe this rubbish? Yet then they advise me to contact the Ombudsman over my concerns, when in fact the Ombudsman has already washed his hands of the situation on the grounds that this happened too long ago. The real issues are not time but the actions of the Police Service against one of their employees and their inappropriate action in this regard denying their responsibilities and duty of care for so many years and the bullying tactics they have employed against me in this regard.
3) WorkCover have been apprised of the situation again. This time as the request has come from Premier's Department, I have been contacted to advise of some of the changes that have been made to workcover, specifically that "today the main focus of Workers Compensation is on rehabilitation and returning workers to suitable, safe and durable employment". This statement is in fact no different to the expectations as set out in the WorkCover Handbook for Rehabilitation coordinators, current at the time of my accident in 1992.
This letter also advises "the current benefits available under the Scheme are extensive. In addition to weekly payments, an injured worker is entitled to medical and related costs, compensation for permanent impairment, the costs of rehabilitation where required and legal costs. An injured worker has an ongoing entitlement to the benefits available under the Scheme until they are fit to return to work or reach retirement age, providing there is appropriate medical certification". This wording in fact does not differ to any real extent from the laws relating to a workplace injury in 1992 however, when my employment was terminated in September 1996 neither my employer nor workcover adhered to this legislation.
It is I believe appropriate to cut through the crap and look at the situation that has arisen that needs no legal assistance to rectify, if WorkCover and the Police live up to their responsibilities.
The Judge in the workers compensation court gave the insurers an anomaly in his judgement handed down on 3rd September 1996 of no ongoing injury thus no compensation after the backdated date of 13th June 1995 for this WorkCover claim or any third party motor vehicle accident claim resulting from this accident.
A real bonus for the insurance companies and the right for the NSW Police to either force me back to work or terminate my employment for dereliction of duty. Neither of these options were accepted and on the 18th September 1996 they created another anomaly as they, the NSW Police on advice of the Government Medical Officer, terminated my employment on medical grounds of chronic pain syndrome; motor nerve dysfunction of uncertain aetiology.
In a letter dated 22nd October 2004 any uncertainty as to how these injuries occurred was described as follows:
"As you are aware, Mr Wallington was employed by NSW Police as a driving instructor between 1989 and 1992 and sustained neck and back injuries in a motor vehicle accident that occurred whilst he was performing duties".
This statement was made in documentation after representation by our local member the Member for Wyong from the Minister for Police as advised by the NSW Police Service. However, no compensation as legislated and enforced by workcover has been paid for the loss of my employment due to injuries causing disability that supersedes both the date stipulated by the Judge in the workers compensation court and the date of his determination. Nor has there ever been regardless of all representations since the day my employment was terminated any formal denial of liability by the NSW Police, workcover or their insurer.
From the day this all started everyone has kept saying this is only about money. This was not only about money, this was about returning me to some type of employment and life with my family. This has cost us so dearly. With the amounts paid at different times that would normally equate to a lot of money, they didn't make up for what I had lost or spent prior to the judge's decision. So if this is all about money, I wonder how much longer it will take before I get paid my wage entitlements as legislated, centrelink get reimbursed for my disability pension and the health insurance commission get paid back all associated costs from the workcover insurer. That would be justice and that is about money that the workcover insurer has been paid to provide.