Friday 7th August, 1992
I rose, dressed in my uniform from the previous day and sat outside. The PDT co-ordinator picked me up in a police vehicle and drove me out to PDT, passing within metres of where I was living, with no offer to allow me to change out of my soiled bloody clothes from the previous day. When I arrived at PDT the students were receiving their urgent duty lecture.
Although I normally did the wheel changing and brake safety checks prior to the leads for urgent duty testing, my body was saying no way. I found it nearly impossible to walk up the stairs to the tearoom where I sat with a cuppa for a while, feeling guilty for not attempting to help. I didn't feel well enough to remain at work.
On returning to the front counter to advise I would have to go home, I was beckoned into the office by the same person, who had made the arrangements concerning us the previous night and was continuing to do so. He advised how I should make an insurance claim to gain a few thousand bucks.
Shortly after this the co-ordinator asked me what I was going to do, I informed him I would have to go home as I didn't feel well enough to stay at work.
As we spoke, arrangements were once again being made for me without my knowledge or consent to be transported to my home on the Central Coast. On hearing, I rejected this, indicating that I had rent to pay the new people and that as he already knew my wife was making travel arrangements to come to Goulburn to be with me, which was the safer option as I didn't feel up to driving the distance. I was advised arrangements had been made to take me straight home to the Central Coast with my car.
A brief stop was made at the panel beaters on the way out of Goulburn to view the damage sustained to the vehicle the previous day.
By the time we arrived at my home I had to rest on the fence for a while before inviting my work mates in. Inside we stood in the half-finished kitchen looking through to the gutted living room area that was in the process of being renovated. After a little chitchat we all acknowledged they had a long trip back to work.
Just prior to leaving they wished me well and advised me not to return to work until I was fully recovered as I wouldn't get any thanks or assistance if I went back too early.
These two people were trusted workmates. One in particular had been instrumental in assisting me in my endeavour to maintain a fitness level consistent with that expected of police trainees. He had also tried to advise me of an undercurrent at driver training that could prove detrimental to my plans if I were to leave driver training to become a sworn member.
After they had gone, I lay on our bed, which is basically where I remained. My wife made an appointment for me to see our family doctor on Monday 10th August, which was their first available booking.
Saturday 8th August, 1992
I noticed my right arm shuddering, not the hand shaking as was normal for thousands of others and myself when the adrenaline is flowing, but a coarse jumping of the whole limb. Muscles from the shoulder to the elbow were physically and visually bouncing around, as was the thumb and the area around it on the right hand. With this happening I showed my wife acknowledging there was something wrong.
My wife then rang to see if she could bring the appointment to see the GP forward so he could see what was happening. We only had over the counter medications at home which were largely ineffective but still he advised I wait until my appointment on Monday 10th August to allow some of the bruising, aches and pains to subside. I had to accept this advice, as I didn't feel up to wondering around the Central Coast trying to find another doctor to see.
My wife took time off work so I could attend the doctor's rooms on Monday 10th August. After a brief consultation a WorkCover Certificate was issued for my employer. The doctor casually explained the symptoms and the pain I was experiencing throughout my body as whiplash type injury which would ease and heal with time, however he ordered a brain scan due to the impact that had caused the laceration, bruising and swelling to my left forehead and eye.
On ringing work to find out what to do with the WorkCover Certificate I was advised they were sending me the Insurance Claim Forms to be filled in and returned asap, as they were supposed to have been filled in within 24 hours of an accident where injuries occurred.
One person had been organising and controlling the situation from the moment he was advised of my accident. He had organised my removal from hospital and from medical care by arranging I stay at the academy that night. Advised me to make an insurance claim for the wrong reasons, arranged to remove me from work and Goulburn which stopped me gaining any medical assistance in Goulburn that day and omitted to fill in the necessary forms required where there is injury.
I have since been advised that in any work related injury the assistance given is determined on whether it is a genuine situation. In this case, one person through all he had done in the short period after the accident had set the wheels of doubt in motion.
A brain scan was performed on 11th August which showed no cause for concern or treatment as explained by the doctor, minor increased fluid in this area showed the bodies defense system working properly. At later consultations the GP did little more than issue WorkCover Certificates and offer a few brief explanations.
As my pains were only slowly decreasing in severity, plain x-rays of the Thoracic Spine and Lumbar Spine were conducted on the 15th September. No abnormalities were detected although my doctor maintained my symptoms were probably caused by a severe whiplash or strain type injury. I had no reason to doubt this diagnosis and accepted it without hesitation.
The doctor referred me for Physiotherapy where I received treatment to the neck, thoracic and lumbar back. Further decrease of the pain left parts of my body feeling bruised with some very sensitive pressure points throughout my back. Treatment continued until 24th October.
Approximately 6 -7 weeks after the accident a female person rang, introducing herself as Police Rehabilitation personnel and asked why I was still off work, as she believed all the people from that accident were back at work. After a short conversation she then made an appointment for the following day to come and see me. I was at home all day but she never arrived.
She rang again that night and made another appointment for the following day. When they arrived they seemed only interested in advising of the negative aspects that would effect us if, for any medical reason I could not return to work in the immediate future.
They seemed pre-occupied and in a hurry to leave and offered no information of any assistance. Their interest shown by the time it had taken for them to contact me. This was our introduction to Police Rehabilitation and terrorism as we were advised of the threat to our life, if through no fault of my own I were unable to adhere to their wishes.
If this was Rehabilitation I didn't need their help. Not wanting any more to do with these people they were advised I would probably be back at work on Monday 19th October, as this was when the current WorkCover Medical Certificate expired. I advised I would be back to work at the earliest possible date although the doctor had not yet given me clearance.
As they were leaving I walked out the driveway with them. They kept advising me not to come out, however I continued. Their car was parked, under the shade of trees, in front of the garage on the off side of our house. The third member of this delegation, from PDT, had deemed it appropriate that he stay in the car, as he still owed me the money from our nursery business in Goulburn.
I didn't need a slide rule to work out what was going on, I knew him too well. This person had unleashed his companion and advised her to 'go get him' or as I had heard him use on a previous occasion 'give Wally the works'.
My wife had made her own assessment of the situation and as I walked back in the driveway she advised me, referring to the one who had taken the lead role, 'that bitch is not coming back into our house'.
Having never been in this type of situation before and wanting to understand if the intimidation and bullying these people were employing as rehabilitation was the norm, I rang WorkCover to find out what their and my responsibilities were.
After quoting the WorkCover file number I was quizzed on what I knew about the injuries sustained by the driver in the accident. I knew no more than I had been told when I inquired through work how he was, he had sustained a brake to one of the smaller bones in his leg, visually assessed as bruising in Goulburn Base Hospital. WorkCover gave no assistance and no better understanding than I had just received from the Police.
I was able to obtain, through an independent source, a WorkCover Handbook for Rehabilitation Coordinators, which outlines the obligations for the Rehabilitation Coordinator and injured worker, current issue at time of the accident in 1992.
This booklet states on the first page two important issues for an injured worker:
It further outlines when a worker sustains a major injury, which required major treatment/hospitalisation the co-ordinator should contact and counsel the employee and their family. Contact the treating doctor, with permission to determine degree of injury/incapacity and likely period of convalescence and if rehabilitation is needed.
We were now seven weeks after what is classed as a major incident. Not only was the WorkCover legislation not adhered to but also from the events following the accident, it appears attempts were made to circumvent these requirements within the Police Service by removing us from hospital.
The only positive action I had seen on the part of Police Rehabilitation was for these suspect people to obtain written consent to converse with my doctor. This had willingly been given as I believed he would be more capable than I of explaining the medical reasons for the limitations I would have to contend with, in trying to perform my pre-injury duties.
My contact with Police Rehabilitation prompted me to heed the words of work mates who advised 'they won't help you'. Realising how vulnerable I was by being unable to rely on any help from a union, my hand was being forced to do what I had previously avoided and contacted a local solicitor.
At my next doctor's appointment on 13th October, the week before my WorkCover certificate expired, I requested medical clearance to return to work on Monday 19th October. He reluctantly adhered to my request and gave me clearance to return to work but advised he didn't think I would be able to remain at work and would be back to see him.
I returned to work on Monday 19th October however the trip to Goulburn that morning raised a concern in me and had me doubting my physical ability to spend lengthy periods in cars, which my job required. I had been on the road for just over an hour and was having trouble concentrating through this discomfort from my back and neck but continued on to work.
About lunchtime I advised the senior officer of the discomfort I was experiencing and was awarded the opportunity to return home to see my doctor. By the time I reached the doctor's surgery all I could describe was an intense discomfort of heat burning through my torso, hot flushes and inconsistent pains like bolts of lightning in different parts of my body.
I was sure he would see some signs of the effect this injury was having in my body hopefully helping him gain information that may assist treatment and a speedy recovery. His actions on the night were casual and smug. He asked 'what I was playing at' as I had preferred to try to return to work rather than take his advice. He checked my blood pressure, pulse, temperature, prescribed an anti-inflammatory medication and more time off work to rest.
I was accepting of the situation that was forcing me to have this time at home although naught was being done to achieve any of my goals. Employers also have expectations mine was unable to accept any reason, especially one it could not see for inability to do the job. My injuries obvious to the naked eye had healed and could no longer be seen, making them blind through a natural ignorance.
Unable to accept the role the doctor seemed to be playing in this regard, by 24th October I was questioning him as to this whiplash injury that should be getting better but wasn't. My left knee didn't feel as though there was any improvement and pains in my jaw were just passed off as being caused by the jarring effect of the accident. I was becoming concerned as this had taken away every part of my life that I wanted back.
After some quick explanations, he suggested I attend a Rehabilitation Specialist. He advised there were none on the Central Coast and I would have to travel to either Sydney or Newcastle. I suggested Newcastle as the time travelling would probably be far less than Sydney.
I picked up the referral on 28th October and saw a specialist at John Hunter Hospital the same day. At this appointment the doctor asked, "which is the one injury causing you the most problem?" To this I replied "there are three areas". "No, I asked for the one causing you the most problem", was his reply. This strange attitude confused me, I replied "the headaches which seem to be coming from the neck are the most distracting at the moment." I left that day with him having no regard for any injury other than the neck.
With only this in mind, arrangements had been made for a neck x-ray and nuclear bone scan to be conducted on 2nd November. After the nuclear bone scan, the technicians having seen the whole area being tested "glowing like a Christmas tree" requested I return the following day, as some of the imaging substance would have been removed from my system, hopefully allowing the later pictures to be more definitive.
With the results of these tests showing 'increased uptake consistent with muscle spasm type injury' the specialist referred me to a Rehabilitation Service in the area. I was given my GP's referral letter and test results to take with me.
Believing I had the right to know all information contained in this or any referral we took a peek. This referral in part stated "There are no physical injuries". I was shocked to read this, as was my wife, for it gave unexpected advice in a manner that I felt had dictated the curious way the consultation had been conducted.
Giving the benefit of the doubt I preferred to accept that this wording meant no obvious physical injuries. I felt a little more comfortable with the situation because some testing had been done and the doctor with this information had referred me on. Assessments were made at the rehabilitation providers, a program was developed and I commenced this on 24th November.
I have questioned the meaning of this one statement "there are no physical injuries". What reason would a doctor have to use this phrase in a referral for medical examination, treatment or assistance after an accident?
Through freedom of information I paid these rehabilitation providers for all the information on file. The original referral was not included so I rang seeking an explanation. The secretary informed me that they are unable give out any information other than what they themselves have generated. If they were to hand over a referral supplied to them by another doctor this would leave them liable to be sued by the doctor writing the referral.
I contacted the AMA who advised they would have nothing to do with and will not become involved with, the actions of a doctor in a medical/legal situation. It appears there are no controls for the truth to be written in any medical/legal report. Judges as was to be proven can not base their decisions on the information contained in them and my records prove I have been forced to pay $500.00 for two pages of waste paper and that's only one report.
Freedom of information is supposed to be a transparent system so that nothing gets hidden or lends itself to be seen as corrupt. In this situation I was unable to access from the recipient, one of the most important pieces of documentation, the referral in which a doctor has the right to say anything about a patient to another doctor that could show the writer to be libelous.
I have been greeted very pleasantly on entry to a specialist room, "take a seat". I then sat there and watched him read the referral I have presented him with in a sealed envelope. Whilst reading its contents a quick glance up as if to look at and familiarise himself with the type of creature he is being advised about, then looks down and continues reading to its completion.
The doctor then with very little interest whilst talking down to you asks a few questions. Hoping you are not taking any notice of him tearing up the referral and filing it in the waste paper basket. At a later date, he writes a fictitious account of this meeting, stating he has done a complete assessment and denies injury. He charges an exorbitant amount for a report, which is ultimately extracted from the little bit you have been awarded to live the rest of your life on.