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frustration

How can you know? There might be better treatment out there!

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I know that living with pain for over eight years reduces confidence and belief. It even (warning, I’m going to use the C word), discourages hope for a cure. But how could I have assumed I found my best self for four years (nearly five actually, gulp!)?

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Permission granted and now it’s back to reality!

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Boxing Day Self Portrait For Theo

Permission granted and now it’s back to reality!
Or is it possible I never really left my reality? As if anyone can leave chronic pain behind and really have time off! I’m going to post my brain’s two conflicting versions:
1. Crap thinking out-of-the-way first version..

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

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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

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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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My reply from the Victorian Workcover Authority

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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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Yet Another Comedy of Errors, Acts I & II

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Prologue:

This is not really a comedy but without a sense of humour and the odd injection of sarcasm this injured worker would explode from the frustration and disappointment that being in this system has created.

I am heading back to conciliation on May 13 to battle for part-payments of compensation since declaring in December 2012 that I have a limited capacity for part-time work. I am also disputing my WorkSafe authorized Agent’s refusal to pay any of my medical expenses over the last 2-3 years.

Acts 1 and 2 can now be written but Act 3 will have to await the outcome of the conciliation conference. But as you will see, the outcome could well provide the comic highlight of the performance.

You in the audience may laugh, clap or cry as you read my sad little play.

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Insurer acts under WorkCover’s big circus tent

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ConciliationMail-03

It’s astounding the levels the WorkSafe Agent will stoop too (which are the levels WorkSafe obviously set) in order to avoid their responsibility with my WorkCover claim. I’m going to keep up with this documenting as I want to encourage other injured workers to fight these pathetic insurer circus acts. It’s unacceptable, not to mention, not what my WorkCover premium was paid for. Where’s my ‘quality income protection’, where is my return to work help, and where is my income and medical financial help?

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No Partridge in a Pear Tree to be Found, I’m Preparing for Conciliation… Again!

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(Sing with me, to the tune of ‘The 12 Days of Christmas”:

16 points of stimulation,
multiple case managers,
too many Independent* Medical Examinations,
9 anaesthetics,
Several investigations,
wasted complaints to WorkSafe,
Four conciliation applications,
Three operations,
Two Medical Panel Opinions,
One Impairment Assessment,
and,
no Partridge in a Pear Tree to be found…

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Formal Complaint to WorkSafe Victoria

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21st May, WorkSafe’s Andrew calls

My long wait was over, or so I thought, when on 21st May I received a call from a Service Review Analyst working with WorkSafe’s Capability & Service Division.

Yes, it did seem that they had “escalated” my complaint, as promised, and I would at last be given some answers. But my hopes were soon dashed as the guy on the other end of the line tried to explain to me why it was taking so long to deal with my complaint. He told me that WorkSafe was having to seek further information as to whether I was making an additional complaint or was merely hoping for a response to my original one. I made it clear that I was still awaiting a definite response to my original complaint. Having then established that we were both on the same page, the caller said that he was in fact ringing to apologize to me for the delay. No reason for this was given.

When I inquired how he would feel if he was in my situation, he once again apologised to me.

As you might have gathered by now, I found this phone call to have been awkward, uncoordinated, empty and senseless.  It was patently obvious that he had not looked all that deeply (if at all) into my complaint.

Was he inexperienced and being thrown in at the deep end by his manager?  Or had he been told to play “dumb”? I wondered whether WorkSafe really does have a mechanism in place to investigate legitimate complaints! Perhaps their lack of response serves as a tactic to deter most people from pursuing answers to their complaints.

But once more I find myself waiting with “bated breath and whisp’ring humbleness” for some honest answers. Honest answers and compensation payments that I believe are fully justified.

20th May, Soula follows up:

Hi Liz,

Can you give me the ‘relevant person’s’ name and direct contact please? I’m beginning to think they don’t exist. It really shouldn’t take this long.

13th May, from WorkSafe’s, Lizabelle

Hi Soula,

Thanks for your further email.

Please be advised that I have referred your email to the relevant person looking into your complaint for his information and response.

Should you have any further queries…Blah blah

12th May, Soula follows up:

Hello Anthony,

Are you able to follow the ‘escalation’ of my enquiry. I feel it may have been lost on the way…

May I remind you the original enquiry was made on April 4th. Pretty poor on WorkSafe’s behalf I feel.

Soula Mantalvanos

24th April, Soula looks into WorkSafe’s complaint procedure

I was wondering who the Service Improvement Division were after my reply from WorkSafe. I found a

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Dear WorkSafe Victoria

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Dear WorkSafe Victoria,

We have been acquainted now for over seven years, and to commemorate this occasion the least I could do was to pen you a few heart-felt words.

Today I came across WorkSafe’s Clinical Framework For the Delivery of Health Services and I would like you to know that it made so much sense to me from my perspective as an injured worker. I was very impressed reading through it. It ticked all the boxes and its approach (Purpose) was exactly what I had hoped to experience in my own chronic pain journey under your watchful eye. The guiding principles caught my attention:

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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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