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My workers compensation battle is turning into a WorkSafe carnivale

Medical questions

It’s been a huge few weeks for WorkSafe and injured workers in Victoria.

I’ve always encouraged anyone who contacted me with their frustrations and horrid experiences of being an injured worker in Victoria to call their Ombudsman.

The Ombudsman’s role, as it was explained to me, was to gather complaints and if/when the complaints amounted in one specific matter, the Ombudsman would have reason to report the complaints to our Government and possibly investigate.

Clearly there have been many complaints and the Ombudsman just recently released this report about Worksafe’s ‘oversight’.

After finally gathering myself from the last blow that left Theo and I having to sell our home and start all over again, I resubmitted a 93CD application (that’s an application for part payments). Actually Theo is managing the application as I was unable to navigate the trauma of it all again but I also couldn’t bring myself to accept the insurer and our Government had gobbled up my compensation. Both very difficult when you have a chronic health issue and when you feel you’re being responsible for it but the other parties are trying to bury you instead of help.

I’ve seen the ad, ‘getting back, we’ll get you back, it’s good to be back, get you back, nothing like getting back.’ Hogwash! No one tried to help me get back to work! Nor did they advise us as self employers either!

Worksafe promises alot when they take our insurance premiums.

So, we’ve sent, what’s called a 93CD application to the insurer accompanied with:

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Act 3 – explained


Big day for me today. Thank you to the Victorian Ombudsman and to all the injured workers who spoke up. …Sadly too late – won’t bring our beautiful home and life back. Act 3: Home lost to these vile insurer (and WorkSafe Victoria supported), unjust actions: ‘At interview, one former agent employee said that management…

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Worksafe’s Dirty tactics – finally realised


I woke up crying last night. I hardly ever cry. My boiling point hits when I’m feeling that I’m in a situation where I see no hope in sight and that I’m being treated unfairly and disrespectfully.

My boiling points have been few during the minute-to-minute demands of chronic pain management (over the last 9+ years) because it makes sense to me that you can have an accident and things can go wrong in life – that’s understandable although very upsetting and very difficult to deal with.

However, in respect to managing as a self employed injured worker with a workers compensation claim, I am unable to accept and understand the unfair and unjust treatment our Victorian system delivers.

I’ve felt the treatment from the insurer managing my claim (I don’t need to name them because they’re all the same!), Worksafe, the Independent Medical Examiners (IME’s), the Accident Compensation Conciliation Service (ACCS) and the Medical Panel IME’s has been unfair, unjust and throughout the 9+ year ordeal, I have sensed a corruptness about it.

Why? Because the system has no way of assessing chronic pain. No one asks the neuropathic pain related questions and given chronic pain is invisible, it makes it almost impossible for me to explain the injury.

That means it makes it really easy for the insurer to make me look like there’s nothing wrong with me and that I have more ability than I state.

Why was I in tears of frustration last night?

Because the insurer monster handling my claim has rejected the previous  Medical Panel Opinion from 2014 (yes the document that is meant to be binding in Federal court) for a reason I still don’t understand and no one can explain. In the next couple of months, I have to return to the ACCS for yet another horrific examination by yet another 5 IME’s who know they have no means of assessing neuropathic pain but who still require me to undress and who measure my scars (having no place to put the evidence) in order to somewhat respond to the insurer’s pathetic cluster of misconstrued information that they use to dispute my right to compensation.

The insurer has the right to do this. Worksafe loves them for it – in fact I believe they encourage it with incentives.

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Own motion workers compensation investigation with the Victorian Ombudsman


Workers compensation frustration again

The horrid treatment toward injured workers has to stop. Two neurostimulation devices in my body are not there for the fun of it. My treatment is not ‘irrelevant for my psychological condition‘.

And the fact this system provides no appropriate measures for me to be assessed fairly for neuropathic pain is appalling.

But I’m glad to hear there is an Own Motion investigation with the Victorian Ombudsman (twitter:@VicOmbudsman).

For those fortunate enough not to encounter this monstrous system, imagine you have a health issue and you are forced to visit a specialist who was unqualified to assess you properly. You wouldn’t go right?

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This injured worker is about to burst


Art & Chronic Pain - A Self Portrait

(Image from my book, Art & Chronic pain – A Self Portrait)

I’m going to erupt!

I feel I’ve been left without any avenue to vent the poor treatment I’ve experienced as an injured worker. I can’t make it any simpler :

I had a work accident and after declaring I had a p/t work capacity, I’m now left with $0.

That’s $0.

  • $0 financial help for any future treatment (currently undergoing thousands worth)
  • $0 wage top up
  • $0 superannuation
  • 0% return to work training or assistance
  • 0% guidance, and
  • 0° (except for this blog) to reasonably seek the promised help that I personally paid a 100% premium for in Victoria.

Wait, I have more to vent and please stay with me because you’re my only avenue remember?

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Injured workers rising above

Bags Of Love

(By Rosemary McKenzie-Ferguson)

Bags of Love Op Shop will open on the 31st July 2015

It has taken a lot longer than any of us at the Centre would have liked- however after many tears and a lot of frustration and loads of laughter and an rather risqué fashion parade the Bags of Love Op Shop will open on the 31st July 2015 .

It is yet another first in the wonderful world of workers compensation as the Bags of Love Op Shop is run completely by injured workers for the benefit of injured workers as each of them rebuild their lives in ways that has never been seen or done before.

“Bags of Love” aim to provide basic food supplies as often as is possible to ease the burden on the injured worker and the injured worker families.

There won’t be any speeches, and there won’t be any ribbons cut and the Australian stock market won’t have a sudden movement to indicate the importance of the opening of the OP Shop.

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Interactions Between Injured Workers and Insurers in Workers’ Compensation Systems: A Systematic Review of Qualitative Research Literature.


Most research on the effects of compensation has concentrated on examining outcomes rather than considering the compensation process itself… The majority of interactions were negative and resulted in considerable psychosocial consequences for injured workers

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Yet Another Comedy of Errors: Act III, the Outcome


But we are grateful to the Conciliator and to WorkCover Assist who helped me to show that through Theo’s and my own initiative I have created my work position. Had we not done this I would have remained in receipt of full compensation payments and Theo could have found a job. Theo was allowed to explain the printmaking process to the VWA-appointed Agent (K) and to point out that it was impossible for me to undertake this task without significant assistance, as was the case for the creation of my book and for my daily work and living. However, their support, although most welcome, failed to make any impression on K or his successor, X. The roles of the Conciliator and WorkCover Assist in this comedy have been reduced to the pointless exercise of pushing pieces of paper around.

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I’ve been nominated for a WorkSafe Award


I’ve met some incredible people who have become my dear friends and my greatest supports during my pain journey. One of whom I often rave about is the wonderful John Quintner, Consultant Physician in Rheumatology and Pain Medicine. You’ve seen him battle beside me publicly on social media. Not only helping me with my comprehension…

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My reply from the Victorian Workcover Authority


I thought it best to start another post rather than comment below my original post, Formal Complaint to WorkSafe. This really deserves some space and attention. I don’t think I need to say too much other than to explain the image is a copy of the letter I received from the Victorian Workcover Authority accompanied with my reply.

WorkSafe Reply To Soula Pg1WorkSafe Reply To Soula Pg2You can all make what you will of this exchange between me, the injured worker, and the system setup to provide ‘quality income protection’.

Dear Andrew.

Thank you for the belated response to my official complaint. I trust you will not mind if I respond and in so doing make some terse comments about the way in which your organisation has behaved towards me.

  • An injured worker should not have to be disadvantaged (such as held up payments) when a WorkSafe Agent employee is on leave. Your failure to address this complaint means that you do not see it as being an issue of importance. Am I reading you correctly?
  • I don’t appreciate having a valid point and being excluded from the Facebook page or having my posts deleted. Obviously WorkCover does not want to be seen in a bad light, giving the illusion that all injured workers are happy with the way they have been treated in your system.
  • I have asked 6 times where it is stated in the regulations that my WorkSafe Agent (enter WorkSafe Agent name) have 60 days to make a decision after a Medical Panels opinion has been delivered and have still not received an answer. In response you say: ‘These are matters that are outside of (worksafe agent’s name) control’, and ‘it has attributed to both the absence of a staff member and also the receipt of additional information about your capacity subsequent to the return of the Medical Panel opinion’ In fact the member was absent well after the 60 days following receipt of the Medical Panel’s opinion.
  • And the comment that follows constitutes a ‘catch all’ answer: ‘case officers generally have a good understanding of the Act and are able to respond to a broad range of enquiries. I am advised that the information required to respond to your enquiry was contained within the Administrative Law Act 1978.’  Can you please be more specific in order that I can understand your response?
  • I have asked about the surveillance evidence that was provided to the Medical Panel ‘for completeness’. I had previously requested all my surveillance material and was allegedly provided with ‘all of it’. I want to know where the additional information provided to the Panels came from and why it was not provided to me when I asked? The additional information was not provided to me and, as I have specified in previous emails, it relates to details of my travel to Italy posted on my Facebook art page. This information was never provided to me. Nor does it seem necessary for me to have to ask AGAIN for this information.
  • In sum, these responses make it absolutely clear to me just where Victorian Workcover Authority’s priorities lie – they are designed to avoid being seen to take any responsibility for the welfare of compensation claimants and their employers, whatever the cost may be to one or both of them.

And I want to express the following thoughts which are specific to the points I made in my original complaint:

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What is Pudendal Neuralgia (PN)?

Most simply put PN is Carpal Tunnel in the pelvis/buttocks. Compression of the Pudendal Nerve occurs after trauma to the pelvis and is aggrevated with pressure. The pain is often described as a toothache like pain, with spasms, sensations of tingling, numbness, or burning. It can be very debilitating.

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