Update from.....Izzy

[Hopalong]

It's incredible how documentation gets the lead out, and moves things forward.

I am so glad you GOT that report...it has gravitas and legal weight and prevents
laziness.

On the part of doctors.

This sounds like good news, Izz...may it multiply.

love to you,
Hops

[Izzy_*now*]

Thank you Hops,

It is good to see the truth in legal writing.

Looks like it Court, April 15, but I think my lawyer is going to try to avoid my trip to Vancouver to the Orthopaedic Specialist, in November, so who knows.  

from my opening email.

It appears that the elevator is broken in the building in Vancouver, but I was being sent there anyway--what fools!  (" She cannot manage 8 steps?")

Long story shorter I now go to New Westminster, BC, no airport, taxi 16 miles from Vancouver, while all the explanations sound as though the Insurance Co is sending a healthy mobile person.  Meanwhile these people (me and I) feel on the verge of tears to do this alone, and be manhandled all the way and back. I still cannot manage public washrooms, so require a hotel as a stop over, both ways.

If the Insurance Co. wanted a report at this point in the game, they ought to have paid more attention and booked an appointment for me here, in my home town for 3 years after the accident, and not just now 3½ years later.

I feel like suing the Insurance Co. but I already am!

No one feels the 'fear' within me, but me, when something like this is on deck, but I will co-operate, because all the Defence wants is someone who is not co-operative (and who walks!)

Grrrrrrrrrrr
Izzy

[lighter]

I can't believe your attorney is allowing this to happen to you.  It's like the insurance company is putting you through a gauntlet, and IF you make it, THEN they'll consider paying you SOMETHING, but hey.....

you might  not survive the roadblocks they're setting up, so hey....

let's wait and see how it goes.

I'm appalled, always have been at the way you've been treated, but forcing you to cross country, and I'm still not sure WHY they're requiring it, is a new level of unprofessional and cruel, even for them.

You need that appointment in your home town for goodness sake, Izz.  Why can't your attorney DO that?  AND, if he's unable to, maybe this is where the film crews start their human interest story on our Ms. Izz?

Love to you,
Lighter

[Twoapenny]

Hope things get sorted out, Izzy, this all sounds like a real nightmare for you.  Hope they pull their fingers out and get everything sorted xx

[Izzy_*now*]

Hi lighter & Twoapenny,

Thank you both.

I was very deep in thought, at 6:00 a.m., well actually talking out loud to myself, about being co-operative, awaiting my turn, doing what I'm told and don't make waves.

I am also deep into research about personal injury cases.

I read of one last night. A guy in a wheelchair, here in my city,  was being sent to Vancouver for an examination. The Supreme Court ruled that the Doctor come here.

I know I am 'on the edge'. I slept Thursday night, yesterday and last night, getting up now and again, but I needed to think, sleep, check the computer, sleep, think, research. and finally wrote my lawyer this morning.

I wrote just now, 7:15 a.m, but it's Saturday, and spoke of some of my 'fears' and suggested the doctor come to me. Same difference with the Insurance Company paying the freight.

I insisted that he follow up on my missing Dental Report: examination done on March 15, this year.

I didn't chew him out, but he had asked me October 7, in a hurried call, to list what I would need for this trip. I sent it to him with other requests, and just on October 31, he called me to ask what I would need for this trip. (He took me by surprise and so I just told him again.) Now I know which email and I mentioned it, and his not reading emails. I trust him, I like him and he just has to not be in a rush about the trial he is in right now, to speak to me on other matters.

When it is me, I want his attention.

---he checks his office mail at home.

IZ

[lighter]

Well, Izz.....

your attorney isn't reading his e-mails. 

I think that's very common. 

Have you contacted his assistant and asked her to speak to him directly about exactly what it is you need him to do for you?

That's how I deal with my attorney..... through her assistant.  It's a triage process, and you should make sure you put emphasis on the important stuff, like....

"I am not strong enough to travel for this appointment and cannot make the trip.....  the Doctor needs to travel to me.  I have documented case law where handicapped individuals aren't required to travel cross country to appts. and the doctors are brought in town.  When my attorney phones me back I can provide that to him, or give it to you now so you can include it in this message, your choice.  Please have him contact me with the new schedule ASAP, and let me know where I'll be meeting the doctor in town. Thanks."

It would be massively difficult for you to travel, and not just an insult, but traumatic physically and emotionally for you.  Your attorney should be made aware.... he's very busy Izz.  That doesn't mean you should suffer.

I still can't believe the Insurance Company wants you to travel out of town!

THE NERVE!
Lighter

[Izzy_*now*]

Now that I wrote him on a Saturday, there was a reply today and we are to talk tomorrow.

If the original plan had remained the same, I don't see why it wouldn't work, and that was with a hotel.
The no elevator:  today is the first I heard that there were men to carry me up

but

the City was changed and not enough information has been passed to me to accept this without questioning. Perhaps I will find out tomorrow.

The other guy has PTSD and was on his way to see a psychaitrist, plus he smokes medical marijuana for his problem and this is unacceptable in airports etc.-----

....well....some of  my problems I deem as unacceptable to me, personally! His assistant must be made aware of these problems, and I did so in an email that she will find when she comes to work tomorrow.

Later
Iz

[Izzy_*now*]

Today it was left at my lawyer saying he would say:

Either Karla comes with me to assist in public washrooms, or I don't go!

Karla is willing and now I await the report on the response of the Insurance Co.

[lighter]

OK, Izz....

I have visions of you, 3 men, AND Karla tumbling down a long concrete stairwell right now, and I'm not sure how many more hits you can take at this point.

WHY do you have to undertake this trip out of town?

Don't these people have agents in your area?

WHy would a man with mental health issues be less capable of traveling out of town than you?

Be firm with your attorney.

You don't need to be traveling anywhere right now, and if that's not crystal clear to your attorney, the insurance company, and their counsel I don't know what to say.

Lighter

[Izzy_*now*]

Getting appointments for IMEs or DMEs, whatever, they are not 5 minute jobs. My city is smaller and all backed up for months. Vancouver is 45 minute flight away and then New Westminster is a 16 mile drive after that. In the Vancouver area one can book an appointment far sooner than locally.

Remember I had a November 15, 2011 appointment with Dr. V, the physiatrist, and that was 9 months to wait. One week before the appointment we learn that Joanne learned he had a 2 hour space for me that day, BUT, she didn't book me. She was fired. I was re booked for May 16, 2012 = a 16 month wait....all history now.

Why the Defence is only now asking for an Examination, I don't know as 3½ years have passed, but my lawyer has said Karla accompanies me, or I don't go--- then I see (as his assistant forwarded me two emails of Paul's, which I don't think I was to have, with) the implication that he is just learning some things about me now. The Defence council will know better, if he refers to the Examination for Discovery, as I stated same during the questioning.

I already called out my lawyer yesterday. He already told me he cannot ask for the Specialist to come here, yet his email yesterday is asking Defence council to consider it. (What's wrong? Did HE not think of that?)

I mentioned that the other guy smokes medical marijuana for his PTSD. What I don't know is how often he smokes it-- and therefore requires a home visit, here.

Why the Defence is only now asking for an Examination

might be because they think I am pogo sticking all over town after all this time, but I am not. I still have pain, aches, tremors, therapy, no social activities, no job, sleep disturbances have lost 3½ years out of my life, cannot use public washrooms,

yada yada

They are well know too for their surveillance and they probably never see me out! But even if they watch me, they will see the trouble I have. I told it all at the Examination for Discovery. Maybe my lawyer doesn't want to be left out. He and I will have a run-through of what I must not mention.

[lighter]

Izz:

The insurance company's lack of planning, care and humanity should not require you be subjected to an odyssey of suffering, IMO.

Your attorney needs to man up and write a letter that spells out clearly for a Judge, the media, and any bystander what the Insurance Company is doing here without any consideration for your pain threshold, ability to use a public toilet or the top of the bone you had to have lopped off at your hip making travel for pleasure impossible..... .why would the insurance company require you travel bc of their incompetence?

Two words.....

ongoing

debacle.

Someone in a position of authority at that IC needs to be made aware of the decisions their employees are tossing out with the expectation you be the one who foots the bill every time they drop the ball. 

This is outrageous.

I

am

appalled.

Lighter

[Izzy_*now*]

hi lighter,

I understand that you are appalled and at times I am as well.

I am keeping track of the times that have cost me endless worry and distress just to add to the General Damages.

The Insurance Company knew last April about public washrooms, when I went through the Examination for Discovery. What would make their lawyer think that that was no longer an issue? Why would they not set up a local appointment at that time to have a Doctor corroborate my details during the EFD?  That being said I would have an appointment now, but locally. Otherwise, as I said, a local one could take over a year and the Court date is April.

Further delays will occur if my lawyer has to go to Court to plead a case for me that might not pass muster. It is easier and faster to plead 'public toileting' with the Defence lawyer.

If the IC is trying to trip me up they will fail because I have done nothing but tell the truth, and be as co-operative as possible.

Their correspondence comes in to the Legal Assistants and is taken care of from there. (I, unfortunately, am on my 4th Legal Assistant who doesn't know the whole case, but she is sure learning now.) The Insurance company pays for this trip, taxi and airfare, and for Karla's lost wages, the airport parking, hotel, meals.  (I refused to go alone.)

Accidents happen, as you know, and it takes the Courts to straighten out the Liability and Worth in a personal injury case, unless the Defence can see no way out of the truth and what it is worth, plus any shenanigans he (IC)has done to make my life more miserable.

Meanwhile, 4 years will have gone by and I have had one 'social occasion' with my lawyer, and lunches out with Karla! Nothing else. I am at home, in intermittent pain, in tremors, (and being that I prefer solitude, I am fine).

Maybe laws are different in our two countries, but the best time to settle is when the healing, as best it can be, is done. I have reached that point now. ...well earlier this year.

I really believe that at the beginning, "I had a broken leg and it should take no longet than 6 months for me to be healed and back to normal." However, I was not a normal case and one thing led to another, all the fault of the IC, rushing, second-guessing and looking at (maybe only) a settlement of $25,000.00  (typical for a broken femur.) By 7 months, when I had a relapse and further pain, they changed their minds when I had the bone removed. I doubt they got over that and all the encompassing problems that that caused for me and the $$$$$$$$$$$$$$$$$$$$$$$$$ that would be far more than a broken leg. (It's like they are on their original kick.) The tremors have only now been diagnosed, and the dental report is yet to come, and I told the LA to send the dentist the pertinant remarks re the tremors so that he can finish his report!.

So, you just stay calm, and all will work its way out, in my favour.

Love
Izzy

[lighter]

So, you just stay calm, and all will work its way out, in my favour.

Love
Izzy

Grrrrrrrr.

That's as calm a growl as can be mustered, Izz.

You're one of the strongest people.

Ever.

Lighter

[Hopalong]

Izz,
You are a posterwoman for healthy assertiveness.

I am just awed by your steady determination (and documentation).

I believe it is ultimately going to carry you through to a very fine (and deeply deserved) settlement.

You tiger.

love,
Hops

[Izzy_*now*]

Thanks Hops,

It's been a long drawn out lesson, but not yet over.

Karla and I talked yesterday and I've reminded her that she is just my companion in charge of public washrooms. Although she is in the medical field, the rest of the trip is as though I am on my own and assistance will come from taxi drivers, hotel bell-'persons' and airline personnel.

Being a very big Insurance Company, they can afford to plant a spy on the same airplane, and at the Dr.'s office they can watch my coming and going. With Karla knowing angles and approaches re my chair it would look easier, than when some taxi driver is a big lummox, or one who doesn't know English, and tries something he doesn't know, just as I run into on my own and give instructions.

i.e when Karla and I go to lunch, she moves the extra chair from the table and I pull in quick as you please, but when I go alone, I have to move the chair in tiny jumps to get it out of my way but not put it in the way of others. There is quite a difference in how smoothly something can transpire with her.

The legal notice gives hints, too, like if a Dr. presses on the top of your head and asks if that causes lower back pain, the answer is "No".  Yet if the Dr. tries it with me, he will be surprised to see my teeth gnash--haha-- as long as his hand touches the left top of my head too. (I can tap my head from centre top to centre chin on the left and my teeth gnash. As soon as I cross the centre line to the right side, the gnashing stops. Weird but true.)

The saga continues

Love Izzy