letter is to provide
additional information regarding my surgical need in 2005 and to inform
omitted information provided to you in Chairman Mastropietro’s
initially contacted you on
July 27, 2004 and informed I was subject of a binding order from a
1993 informal hearing. At that time, the
commissioner issued a Form 36 unilaterally, without the request of the
Nationwide Insurance attorney or agreement among the parties present.
Mastropietro wrote in
his letter “As you are aware, a commissioner does not have the power at
informal hearing to issue binding orders.”
appears to support my claim that I have been denied due process in my
proceedings with Workers Compensation from the beginning.
would ask of you to
inquire why I was denied medical treatment at the 1993 Informal Hearing
Commissioner Spains Form 36 issuance.
following information I
will provide to expand information you received from Chairman
Andrew Morrissey was
representing me in this matter and he had a dozen informal hearings
prior to my
meeting in December 20, 2004 with Commissioner Salerno where we
diagnosis and treatment options I had received from Dr. Bitan of Beth
Hospital, New York City. Commissioner
Salerno stated that Workers Compensation would not pay for an out of
procedure but cited no reference.
Everyone at the meeting was in agreement that Dr.
Yue of New Haven, CT
was the expert in the field and Attorney Monahan for Nationwide,
Morrissey and Commissioner Salerno had recently attended a workshop
by Dr. Yue. Additionally, Dr. Yue had
performed the same procedure I required, under Workers Compensation. I kept my appointment with Dr. Yue in January
2005 and his diagnosis was identical to Dr. Bitans’.
surgical procedure Dr. Yue
recommended was that of Disc Replacement with the chance of Vertebrae
which would be determined at the time of the operation . The program
offered had a cost saving of 50% . These were the facts I discussed at
20, 2005 Informal Hearing with Commissioner Frankl.
Commissioner Frankl was aware that surgery
had been scheduled for over three months with Dr. Yue prior to our May
informal hearing. My scheduled surgery
date was on June 14, 2005. I also went
to extra time and expense to obtain a CD version of my most recent MRI. I was prepared to show the exact sequences of
MRI film on notebook computer I brought to the hearing.
Commissioner Frankl not only would not look
at the film, he ordered the notebook computer unplugged.
The mis-information relayed to you by Chairman
Mastropietro is that I stymied something by obtaining “my own surgery”. Workers Compensation has itself
everything. I never cancelled any
Commissioners Exam.. It was in fact
Commissioner Frankl that cancelled the exam.
When I informed Amy at the Hartford Workers
Compensation Office that I
had undergone a surgical procedure and requested WC
input on how we would handle the third party
evaluation, I was put on hold while she conferred with Commissioner
Frankl. She relayed to me the exam is
cancelled, and further that Commissioner Frankl has terminated my
benefits. Of course this information was
of concern, that he is again acting without due process and I am not
by attorney. Were these the same
benefits being cancelled that I never received in fourteen years which
cancelled in 1993? I would expect the
Commissioners’ exam is more than a look-see, involving a medical review
films which wouldn’t have changed. In
fact the new films taken during the surgery and nerve damage evidence
have provided much more valuable information and saved everyone time
last thing Commissioner
Frankl did to place an obstacle into the process (stymie) was to excuse
from my case and order transferred my docket to Middletown CT District
Workers Compensation office because I had previously contacted you
abuse as a Workers Compensation Defendant.
said that the procedure
took an extra 2 hours due to the diseased nerve growth within the disc
space. This nerve damage is clearly
evident on the CT scan provided to Dr. Yannopolus who performed the
Medical Exam for Nationwide Insurance shortly before my surgery. I believe Dr. Yue was surprised I did not
experience permanent nerve damage. He knew that I could not wait any
that the risks were increasing. He said
if he had known the nerves had grown into the discs so prevalently, he
have likely passed on helping me. That’s
how bad it was. And that was the source
of the chronic pain I had experience for 14 years.
Commissioner Frankl was
presented with this information and his solution was to order me to
surgery. What was it that Chairman
Mastropietro said about not issuing binding orders at an informal
hearing? I informed of the chronic nature
condition and immediate needs and again tried to present the MRI
evidence. Everyone is agreed that if I had
on June 14, 2005, I would not have had it by today, one year later. I would like to relate my disease to that of
Governor Rell. Both uncontrollable and
both likely to kill. I would like you to
call her and ask her if she could have waited a year for her surgery? And how she would liked to have paid for
it? I would ask you to call the Governor
and have her refer to my November 30, 2004 letter asking for her help
might be pain free by Christmas and ask her how she would feel if some
“ordered” her to postpone her surgery?
the May 2005 Informal
hearing, Nationwide Insurance stooped to a new low in their abuse. They called Dr. Yue daily and attempted to
persuade him not to operate. Was it
they know they are liable for my medical bill or what?
Can you imagine anyone calling your doctor
attempting to prevent you from receiving treatment?
Let me re-phrase that. How
would you feel if I called your cancer
doctor and told him that the pain was all in your head and not to give
saving treatment? The effect they had
was to create serious doubt in the thinking of my doctor.
So much that he contacted another patient and
informed her to come in for pre-surgery evaluation because there might
cancellation and she might get my operating room and special offer. I spent days in serious worry over this and I
had to convince Dr. Yue to be again considered as a surgical patient. As it turned out, I was the last person to
receive the special surgical offer in Connecticut and practically the
does is say about a system
to help injured workers if such a serious abuse will obviously and
without retributions or sanctions? In
short, these actions are approved by Connecticut Workers Compensation.
every dime I had and
more for this surgery. I did not have
money to fill a prescription for anti-biotics for a possible post
infection. I am paying monthly for the
money I had to borrow.
this sound to you the way
Workers Compensation is suppose to work?
1993, my treating physician
recommended Pain Management. It was in
2003 that I paid for Pain Management myself and began to receive
pain relief. If I had this treatment in
1993, it is likely I would have been diagnosed properly at that time. This was the abuse I went through for ten
years. And this was the medical treatment I was denied at the 1993
hearing that I again ask you to investigate.
doctor I saw for Nationwide
Insurance and the practice of three doctors in the Orthopedic Center of
Connecticut perform hundreds of Independent Medical Exams (IME) for
Insurance and receives an average of $ 1,100 each.
Nationwide is in continual contact with them. Their claim representative Jane Perry
discusses each and every case. Imagine
the medical reporting out come of doctors that profit substantially
Nationwide Insurance and the potential of report corruption adversely
the injured worker, their family and the whole process.
Now that is stymied. The commissioner was
even disgusted with this doctor.
Commissioner Frankly threw the report at the
Nationwide Attorney. He apparently knew
what kind of a crooked
report Nationwide was trying to pass off.
assume minimally that we
will receive medical treatment if we are hurt on the job.
And that the people in charge are the
experts. Neither is apparently
true. The shame is on them that their
is so lacking that they cannot identify an injured worker when they
can see from this additional
information all I have done is be injured, complied with every request
the system and not stymied anything.