With my inability to return to work on 12th July 1993 the PDT co-ordinator decided he had better be seen to be doing something and had the case referred to HealthQuest where an appointment was made for 31st August 1993. This appointment only served to further confuse the situation.
After receiving interim advice from HealthQuest dated the 9th September 1993, the NSW Police forwarded this information to me with a covering letter dated 30th September 1993 stating in part:
The Police Service is required to follow advice received from HealthQuest. HealthQuest advises that you should resume your previous program of rehabilitation with the restrictions identified:
Looking at the restrictions I think HealthQuest had forgotten my full time job was in cars as a driving instructor for the NSW Police. Why place these restrictions on me, what is the injury and what is the long-term effect?
In the NSW Police letter to me, they had deleted one of HealthQuest's recommendations:
This weight restriction prevented me from doing the manual tasks associated with my employment e.g. brake checks, changing of wheels, changing tyres on rims that were extremely regular and common occurrences. This now required me to be performing duties according to their directions, not five but seven days of the week.
On 12th October 1993 HealthQuest forwarded a copy of final report to myself. Information contained in this report, as supplied by the NSW Police states "he has declined a local program in Goulburn".
Once again this misrepresentation by the police service builds a perception in the HealthQuest's doctors mind. Had the police advised I did try to comply with all the conditions of the various programs, HealthQuest may have taken a more sympathetic approach and done more to diagnose the injury preventing me from continuing at work.
HealthQuest further advised the police should negotiate an extended period of leave for me in order to focus on pain management rehabilitative efforts. This could not be attempted as I had no income and the insurers would not authorise any necessary treatment. The police made no effort to negotiate this or a return to work for me at this time. The HealthQuest advice that they were required to adhere to could not be implemented as (the same old catch phrase passing the buck) the WorkCover insurer had denied liability.
Again on 14th January 1994 another HealthQuest appointment, the report dated 28th January 1994 advised actions to be taken, however the same consideration was given and nothing was done to negotiate or return me to work as the insurer had denied liability.
I appealed, this decision on the grounds of my willingness and desire to return to my job, although the medical picture was still incomplete. I knew my employer would not assist my return unless I could provide them with accurate diagnosis and prognosis of my injuries. I was using HealthQuest in the hope that they would get it right as this was their responsibility.
This instigated a further medical examination by a HealthQuest on Monday 27th June 1994. On 15th July 1994 they responded with, 'Your appeal is disallowed'.
The Police Service had deemed it advantageous not to follow the original HealthQuest recommendations but now with my HealthQuest appeal being disallowed, a letter dated 9th August 1994 from the Police advised "you are fit to resume duties. You are therefore advised to contact ……….. within seven days ………. Failure to do so may result in disciplinary action being taken against you".
Previously I had always made sure I had the means of getting to work. The insurer with denial of liability (forgetting medical at the moment) had stopped my means. No money, no means, no repairs to my car, no insurance on my car, no registration on my car, my caravan had been sold as we needed the money to survive. I was in an impossible situation where my employers only concern was, me not being a bum in a seat.
The little money we did have was constantly being eroded by me attending medical examinations and associated appointments and not being reimbursed my out of pocket expenses.
I had tried to speak with, advise and open negotiations with my employer so they would better understand the impossible situation I had been placed in. They were not interested and these attempts had broken down, as they all amounted to the one thing I had tried and couldn't do, which was full time, full duties. They could see no option between the boundaries of all or nothing.
Letter dated 31st October 1994 "the Police Service has been willing to negotiate a rehabilitation program for your return however, without success due to your lack of co-operation. You are hereby directed to attend for duty Monday 7th November 1994………………..Failure to do so will result in disciplinary action being taken against you".
Again further negotiations resulted in a response from the NSW Police dated 18th November 1994……………… "I am making arrangements for you to again be assessed by HealthQuest for your fitness to resume duty".
The next HealthQuest assessment was 25th January 1995. Following this a letter from NSW Police dated 13th February 1995 advised "Following the Government Medical Officer's advice that you are fit to return to duty you are hereby directed to attend for duty at PDT Monday 20th February 1995…................ Failure to do so will result in disciplinary action being taken against you".
Further negotiations were undertaken which seemed to be making progress as the person I was dealing with at the academy, showed a little compassion and understanding and didn't blame me for this situation that was out of my control. I by this time was accepting the police would give me no other option but to return to full duties.
On advice received, I faxed an application for leave to the Principal of the NSW Police Academy on 15th February 1995, seeking an extension of the return to work date so as to borrow money to repair and register my vehicle hoping to make travel easier.
In reply at 5.4Opm Friday 24th February 1995 Wyong Police attended my premises to deliver the response to this request. "Your application for leave without pay has been denied by the Acting Principal of the Police Academy, you are hereby directed to attend for duty at PDT on Monday 27th February 1995……………....Failure to do so will result in disciplinary action being taken against you".
At the time this 'legal direction' was delivered there was no possible means of negotiating and without being able to be in Goulburn as directed by the NSW Police, disciplinary action had to be instigated. Once again it appeared the Police Service was saying return to work, whilst having no intention of assisting or allowing this to happen. I was being set up in the hope that they could prove me doing something wrong which would give them grounds to terminate my employment.
From 24th February 1995 my attempts to negotiate or resolve any part of this matter were met with "disciplinary action has been instigated, until that is over nothing can be done".
As determined by the police, after denial of liability, I would only be paid for time spent in their employ whilst performing duties as directed. This however had not been, nor was to be the case, as I was then directed to attend Gosford Police Station to obtain an extract from the personnel handbook on the disciplinary action process and then attend the hearing on 21st April 1995 prior to 10.00am. This was heard by a Public Service Officer from the NSW Police about myself in relation to an alleged breach of discipline I had committed by not following a lawful direction whilst in their employ. (Click to view Disciplinary Interview Transcript)
My version of events was not accepted verbally, so written documentation that confirmed the truth as I had told it, had to be presented for verification to Gosford Police Station at a later time. I had attended the hearing with no union member or anyone to assist me.
No finding or advice regarding the disciplinary interview was ever forwarded to me, nor was there any further action taken at that time. I was later led to understand the police were advised not to take any further disciplinary action, as there seemed to be a medical problem and a legal problem that would probably need to be rectified through the courts. The police further compounded the insults by not paying the wages I was entitled to nor out of pocket expenses I had incurred whilst adhering to their directive.
With our finances depleted we had borrowed back all the extra money we had paid in against our home loan, which at the time of the accident only had seven years to run. We were forced to extend the term of our mortgage, by a further ten years lowering our repayments allowing us to survive. As a last resort, a loan was applied for through the solicitors now handling my workers compensation case, to repair my vehicle allowing me to attempt a return to work. On application, my solicitor advised that if I did attempt a return to work and couldn't remain it would not be detrimental to my case.
With a loan approved on 3rd March 1995, my wife, daughter and myself had decided to do what ever it took to accomplish my successful return to work and continuation for as long as my medical condition and the NSW Police would allow. We had to eliminate any and all obstacles that could be perceived to hinder my return to work.
My wife and daughter commenced this task by removing all the remaining potted plants from the front of our property whilst I commenced the necessary work on my car.
Negotiations with the Police had been reopened. I was prepared to capitulate that meant I could expect no help and no acknowledgement as to any medical injury that could affect my ability to perform duties. I had suggested Tuesday 13th June 1995 to my employer as a possible date for my return to work, as the major repairs on my car were almost complete.
The written response from the NSW Police came on the 31st May 1995 stated:
I refer to previous discussions in regard to your return to duty.
You are hereby directed to attend for duty at the School of Traffic and Mobile Policing, New South Wales Police Academy, Goulburn on Tuesday 13 June 1995. You should report to Inspector ……………. at 8.00 a.m. Failure to do so will result in disciplinary action being taken against you.
Consideration of any formal disciplinary action which might be taken in relation to your failure to obey the lawful direction of 24 February 1995, to attend for duty on Monday 27 February 1995, has been deferred pending your resumption of duty on 13 June 1995.
No medical clearance had been sought, nor was there any form of rehabilitation program and as I had expected full duties awaited my return, again all or nothing remained my only choice. When not fully employed training, I was required to under go re-training, as I had not been at work for over two years.
When I advised the Inspector my absence from 9th July 1993 to 13th June 1995, was close to but less then two years. I was told "That's not the information I've been given, you've been off for over two years so you need re-training". I said no more, as I had no intention of further alienating myself to the new co-ordinator.
I realised my confidence and some areas of my instructing had suffered, as events were playing on my mind creating brain overload. Memory was not good and at times others noticed and criticised as my observation skills were not what they used to be which directly effected my ability to train and assess.
Whilst constant discomfort and pain, that had become part of my life, allowed for only short periods of sleep at night, I knew I would again be faced with the decision to stop work if my attendance was not in the best interests of road safety. However, whether I liked the situation or not, this job was the one I wanted. It had always given me a tremendous feeling of self worth and was helping to distract me from the injuries I had sustained. Whilst ever I didn't aggravate them beyond bearable limits I would remain at work.
From the 21st August 1995, I was once again rostered for staff training. As enjoyable as this week was, the intensity was more than my body could take. By afternoon on Thursday 24th August 1995, pain was destroying my concentration and I requested a break from driving which my instructor workmate allowed without question.
Having a restless night and feeling no better than I had the afternoon before, Friday morning I requested that I not drive and was allowed to take the back seat, where I was able to lay across from time to time to lessen the impact on my back.
To this day I can't understand or find justification why I was required to be re-trained on four wheel drive off road, over rough terrain at this time, when on Monday 28th August 1995 we were to commence standard car courses for SPOs. Friday 25th August 1995 was my last day at work for the NSW Police and as it turns out my last in paid employment having just reached the ripe old age of 42.