On 6th August, 1992 I was involved in a motor vehicle accident, me being the front seat passenger, whilst working as a Public Service Instructor at the Police Driver Training School (PDT) attached to the NSW Police Academy, Goulburn. We were covered by two legislated insurance policies - Workers Compensation (WorkCover) and Third Party Motor Vehicle (compulsory). These are legislated for the benefit of the injured party, employers and the community as a whole. As we were employed by the state, state tax dollars paid private insurers for their insurance coverage policies.
The workers compensation insurer denied liability on the 7th December 1992. After nearly four years of almost total confusion and frustration with what looked to be a totally ineffective and corrupted government and private associated systems, the workers compensation case was heard in the Workers compensation court on the 28th August 1996.
In the Workers Compensation Court whilst being questioned, I related to a Police directive to return to work on 13th June 1995. The judge struck this from the record after "objection" by the respondent's (NSW Police) counsel, as he determined it detrimental to my employer the NSW Police. With the truth, the whole truth and nothing but the truth not being allowed in his court, the judge remained unaware of the facts. Without all the facts he could make no award after the 12th June 1995.
The NSW Police, the Government Medical Officer (HealthQuest), the workers compensation insurer and my legal representatives all had access to specialist medical information, which was about to be used to terminate my employment.
Dates written in this judgement were incorrect requiring the case to be re-listed for hearing on 22nd May 1997, at which time dates were rectified allowing the case to be finalised. The more important specialist medical information that had caused my employment to be terminated, as advised by HealthQuest and accepted by the NSW Police, for injuries sustained in the accident was not presented in court by any party, negating any chance of justice.
My legal representatives would not appeal the judge's decision, even after repeated requests. They kept requesting me to sign the documentation allowing them to run a third party claim. I was only interested in the assistance that should have come through the WorkCover system. Accurate assessment of a medical condition caused at work, provide appropriate treatment and assistance in returning me, if possible, to my pre-injury duty, modified duties that would require a certain amount of trust, alternate employment or appropriate just compensation, none of which had been achieved.
Having a medical diagnosis and prognosis from treatment in 1993 that advised a condition that would only get worse and now not having a job, little chance of obtaining another, no compensation after 12th June 1995, I needed a solicitor to appeal the workers compensation court decision.
Being unable to find a solicitor prepared to do this, my only option was to allow a solicitor to run a third party case. The solicitor advised me that the third party insurer would use the workers compensation court decision against me as this decision had created an anomaly, which meant I could claim no compensation or injury payment after the 12th June 1995.
At a pre-court hearing on 24th September 1998 this is exactly what the third party insurer did through my solicitor, who seemed disinterested in gaining a just resolution. He advised I accept the insurance company's inadequate offer, out of which all workers compensation, medical, legal and associated costs and other expenditure to date would have to be borne. He further advised no ongoing injury compensation or loss of wages could be claimed after the 12th June 1995 because of this anomaly. Any further legal action would fail.
He advised I get a pension that would help me live and all ongoing medical costs would then be paid on welfare. The NSW Government had only years before as many of you would remember privatised the third party government insurance office as they could no longer afford the debt this was incurring for the government. Private third party insurers had taken over the responsibility and now with the system working so well, in many cases the state and federal budgets have to finance the real ongoing costs of injuries.
I was forced to accept the inevitable. The amount referred to in the terms of settlement was insufficient to the extent that even prior to all costs and disbursements being made I was eligible to gain a disability support pension. However, I was not granted a pension as Centrelink stated "the information supplied by your last employer, the NSW Police, does not entitle you to this type of benefit".
I explored my options and followed medical advice in the hope of recovering enough to obtain any employment. This could not realistically happen, as I had not found any way to eradicate the effects of a chronic medical condition that would not allow consistency in employment.
This medical situation that had cost me my livelihood and income had prevented me completing our home and providing for my family. Being forced further into debt trying to survive I decided I had no choice but to seek some sort of justice from the system. I contacted legal aid they advised their inability to assist in a workers compensation case, which they believed this remained. However they advised me whom I should contact.
In June 2001 I received a government funded disability support pension.
After the years of phone calls and complaints that had amounted to next to nothing, being just brushed off or advised 'put it in writing', in July 2003 I finished compiling and documenting the information, that demonstrate how corrupt the systems had become and distributed it to the relevant authorities.
The last reply reached me in October 2004. This reply from the Police Minister assured me that the NSW Police was still determined to ignore their responsibilities and duty of care. They were ignoring their obligation to ensure justice for all its members and the public, not protecting the innocent and modifying the facts in the hope that the detrimental truth would remain hidden.
It also gives an idea of the circumstances the trustworthy members of the NSW Police have to cope with when things do go wrong, with an employer who will not back them, which is a reality they and their families have to live with and hope won't happen.
My prior employment with the RTA and then the NSW Police was working towards road safety and lowering the emotional and financial cost of accidents to our community. In doing so through no fault of my own, when the need arose the NSW Police I believed in and relied on, let me, my family, it's members and the state down.
This is just one case that proves how ineffective state legislation can be towards achieving justice. Our state government offers little protection in relation to their legislated insurance, allowing a portion of our state medical budget that is partially federally funded, to be used on patients who sustained injuries while covered by legislated insurance. To access that elusive and rarest of creatures called justice, through the court system, costs more than most people can afford, even then if your case is strong enough and you have truth on your side this doesn't necessarily mean you will be treated justly.
Early on the morning of 9th April 2004 the discomfort in the thoracic area of my body had worsened. Having been awake most of the night, I asked my wife to convey me to Gosford Hospital as I didn't have the confidence to face the day without medical assistance or assurance that the discomfort was nothing to worry about.
This is a slightly altered account containing most of the original information supplied in 2003 and some ongoing related events. Most names have been deleted from this documentation, as it is not my desire to seek revenge on any individual for their actions, but rather put the truth proven by documentation in front of all whom care, are interested or should be. If the truth is detrimental to anyone, it has come about through actions or inaction of their own.
I do not name insurance companies or writers of medical/legal reports as the information contained in most cases is contradictory, inaccurate and in some cases, look to be down right lies. I use portions of medicals and medical/legals that demonstrate this. All acquired documentation remains filed as proof should they be required for an investigation into the conduct of relevant authorities, institutions or businesses.