Customer reply replied 7 years ago
Hi Jim,You mentioned WSIB. When you are in an accident, on the job, and are injured, 30 days after the accident you get correspondence in the mail from WSIB giving you so many days to elect WSIB vs 3rd Party Insurance. As I thought I would recover within 6 months, I checked the box WSIB. Mistake # ***** They took care of my time off for the 1st 6 months, then I went to their wsib doctors. The doctor advised I had a permanent impairment and it would never get better. He was referring to my neck C2 to C3 protruding disc and something in my left shoulder from the MRI - I cant think of it right now. He said all I could do is get a Tens Machine, continue massage therapy and chiro and get a over the door traction device. He said he would arrange for another MRI of the Brain I think. This was Dec 2009. Jan & Feb past and still no appointment for MRI. I stopped by his office and asked why the appt had not been made, so they quickly arranged for one in March. I was off work dealing with the symptoms mentioned but WSIB was not reimbursing my sick bank. I went to a specialist and they referred me to Warm Water Aquatic and the Bone Scan and that is when the Nurse dropped the needle and I got the staph infection. That was the 1 year mark but WSIB had stopped helping and just interfering and going against what my doctor said and forcing me back to work. Oh yah, I actually did go back to work 2 weeks before the bone scan and dealt with the WSIB Nurse who of course arranged for a better chair and adjust your work station and started physio again. The only reason I got the staph infection is because I was going for investigative procedures to see why I was in so much pain and debilitating fatigue and memory issues after the accident. WSIB again did not take responsibility and I was laid up over 3 months with the staph infection and when the wounds healed up and the infectious disease doctor said I was clear, I was still suffering from the debilitating pain and fatigue. Luckily, when I joined the police department the police association had started a Central Leave Sick Bank so when my sick time ran out, the police association had a meeting and the board agreed to give me the funds to help me get to the required date in Dec 2010 to go on Great West Life Long Term Disability. That lasted for 2 years. Then GWL advises that you can go back to work, even though I was then diagnosed with Fibromyalgia March 2011. In January 2011, I went to the Shores Health & Fitness and hired a personal trainer, massage therapist and in house chiropractor to try once again to get strong enough to return to work. The owner of the The Shores Health and Fitness said, Katherine Denton, I remember you, I was on the Harwood Avenue bridge when you rammed the murderer into the guard rail over the 401, he was in a stolen car and you had him at gun point all by yourself. She said, I had a car full of women and I stepped on it and got out of there. She says, I know you dad, I lived on the same street as him. She said, what brings you here. I explained everything to her. She said, well it sounds to me that you need a lawyer. She had worked at Durham Reporting as a court reporter for several years and she said she knew the best lawyer in Durham Region and would be happy to make a call to his secretary for me. She said, he is very busy and last she heard he wasnt taking on new clients but she was sure he would take mine and I am so glad he did. My lawyer is Dan Balena in Ajax and he is very experienced. He was able to overturn the original election of WSIB 1 month after the accident and allow me to deelect wsib and reelect 3rd party insurance. It was not without opposition but he was supported by the drp association president and eventually convinced the chief of police that they better allow it. I had to sign papers that I would pay the department back for any monies I received from WSIB, which was approx $16,000 to $20,000. So I did that and the other condition was that I would retire at the point when I had reached an unreduced pension. All of which were agreeable to me. One of the insurers to do with the medical sent us to a tribunal saying I didnt have the right to sue as the police are schedule 1 employers. When we get our paycheque when we are off on WSIB, wsib doesnt give the police 5 cents. That is why our HR department does everything they can to force us back to work, even if our doctor is against it. They don't care. My lawyer did not back down to the police departments lawyers who were advising the chief ( actually it was acting deputy chief Stan McLellan who has never been a police officer on the road and is a civilian. He is now the deputy chief) He is all about HR and saving department money and hates police officers. It was no easy task but my lawyer was successful and the DRPA President Mike Glennie was also excellent. That was the 1st big hurdle. We have had success with everything since. CPP Approved Disability and other insurers followed.The tort claim is the last hurdle. I am also grateful that OMERS has been contributing my annual dues to my pension so my pension will be the same as if I had been at work when I retire in 2023. I have had an Omers medical each year since 2011. I am grateful to them as well. If for some reason, the Tort Claim backfired, I could apply for a reduced Omers Disability Pension right now and they would pay approx $3500 a month less income tax. CPP is $1499 which is also Taxable. If I were to accept OMERS Disabilty Pension then I would lose the CPP payment until I am 65. I dont know if I would lose all of it or not. I need to call them to find out. I am just now trying to get answers to all the unknowns, so I know what options are offered to me, depending on the outcome of the trial.It has been very nice corresponding with you. I am forever grateful. I wish you continued success and many sunshine filled days.Cheers,Katherine