Beyond the Shield Journal of the American Police Veterans |
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I looked down the barrel as the bad guy tried to pull the trigger, but it was the good guys that did the real harm. This entry was posted on 10/13/2007 9:04 PM and is filed under My story, Advocacy, American Police Veterans, Disability, Its a Crime, PTSD, Shattered Shields, Cop 2 Cop. By Gene
I was in my 16th year when both my Lieutenant and Captain approached me. They stated that they believed I suffered from PTSD as a result of having been taken hostage some 5 years earlier. They stated they had received complaints of my being jumpy on gun calls. I had been taken Hostage and as I looked down the barrel the bad guy tried to pull the trigger. At this point I loose memory from retro-grade amnesia. The psychologist said it was not only the hostage incident but having been shot at a few times and another incident where I was held at gunpoint one time on someone's front porch and another time in some ones back yard. The hostage incident where I loose memory was said by both psychologists and psychiatrists that it was the worst form because of the retro-grade amnesia. I had become very sick then over time causing blood pressures of 160 over 120 on a regular basis and uncontrollable diarrhea 15 times a day.
My captain and Lieutenant sent me to a psychologist for treatment. The employer paid mileage under workman's compensation for the next 5 years. At first the bills were sent to the city for the treatment but then later turned over to Blue Cross Blue Shield. The city was self insured under both workman's comp and health insurance so any claims were paid directly from city funds and not any insurance.
I ended up very sick in the chiefs office in September of 1986 crying and told the chief I do not know why I am crying. I said I just cannot stop. He said it is about the PTSD. That the incident some 9 years ago had a very bad impact. That I really should consider retiring under duty disability. I said I do not want to. He said I understand but you are doing no one any good the way you are. He said take some days off on me and let me know what you decide. I said I would discuss it with family. A few days later I returned and told the chief that I didn't feel good about it but will retire on duty disability. I asked just what needs to be done. He said get an attorney, provide the doctor reports, fill out the application and we will sign it. That that would be it. I said OK, I want to continue my health insurance for me and my family as under out union contract paying the premiums myself. He said sure. I asked who to get for an attorney and he provided me the name.
I saw the attorney, got the doctors reports in from both the psychologist the Captain sent me to and the psychiatrist the psychologist sent me to. The reports said it all. I could not return to work under any circumstance then. The paper work then went to the personnel director to sign and he said no. He said we would like to send him to our own doctor. I said this is your doctor. He said I do not think so. So I went to the third doctor. The third doctor after the visit told me he I was suffering from PTSD as result of the hostage incident. That he could not send me back to work or could he treat such a severe disorder.
The personnel director then said if you sign this contract, we will agree to sign not to contest the duty disability. I said no. That I was told that as soon as papers went in that all would be signed. That the agreement takes away state and federal rights all people are entitled to and it takes away protections under the Union contract such as saying no longer entitled to city paid health insurance. I was told I better sign it or they are under no obligation to keep me on sick leave and can just terminate me. My wife did not work and I had two young kids. So my attorney then spoke with the outside attorney hired by the city. They agreed that I would receive all union benefits afforded to any other duty disability employee. (other duty disability employees had to pay there own premiums till reaching the age of 55 at which time the city began paying. That side agreement was then signed. Another stipulation which we required was that I am retiring and not resigning. That the employer has a habit of forcing people to resign. The attorney agreed that I would not be asked for a resignation. Then we signed the agreement. This agreement had gone before the 18 member city council for approval to tie the city and not it's employees to any errors. Right after the agreement was signed and went in to force, the attorney called the personnel director to inform hi, The city person director told the attorney that I now have to sign a resignation or they will not follow the new contract. So I figured that we have the new contract in force which says in many places in the contract I retired. So I said OK, I will sign the resignation and it will be tied to and made part of the new previous contract. In essence, a contract went in force agreeing was retired then after retiring I resigned. I do not think it is possible to retire then sometime after you retire that you resign.
I read in the paper several days later that someone went to the Police and Fire commission and told them I resigned.
The application how ever to go to the state for duty disability still was not signed. Me and my attorney went to the personnel director's office to have it signed. I refused to go in because I had PTSD and did fear problems with impulse control. As I really did want to kill him at this time. It was a good thing I waited in the hall. My attorney conveyed that the personnel director refused to sign. My attorney advised him we have a contract and in that contract it required him to sign. That we will sue for a considerable amount of money if he doesn't sign. So he signed.
A few days after this I had to find where they wanted the medical bills stemming from the duty injury. The contract stated that "no where contained with in shall prevent the employer from paying all medical costs. So I had to ask the personal director where to send the bills. I asked him face to face and witness by a secretary. He said do not send the bills here. I said you want me to turn them over to the insurance? He said I guess you will have to.
Now again, because they are a government entity, they are permitted to self insure under WC. Processing the bills then through the medical insurance was fine with the employer permission even though the policy said no WC claims can be submitted through health insurance. Over the past 20 years about $20,000 worth of claims went through the medical insurance carrier as per our contract. It had to work this way because the city, in there contract they required, barred me from applying for any further WC, any unemployment, any retraining through state or federal agencies. The agreement was also confidential and cannot be divulged to anyone.
So for 20 years i paid the premiums which then reimbursed me for the medical costs derived from my duty injury. Unlike WC, I had to pay co-pays and deductable in addition to the very high monthly premium.
When I reached age 50, a clerk for the city told me that if I were to die, that my wife would have 18 months to get off the policy. I thought that was odd as it was not that way with other retirees. I then reasoned that when I reach age 55, they never intended to pay my premiums so I filed a discrimination complaint with the discrimination division of the Justice department washing ton. The attorney called me and agreed it was discrimination and that they were taking my case. Well in the meantime, I had contacted the cities mayor and explained the disparity between disabled retirees and non disabled retirees upon reaching age 55. He turned it over to the new personnel director who wrote me and said they fully intent to pay my premiums at age 55. This was two days before the US Attorney called. So I had to stop and federal action as they now made clear they would pay my premiums. Then when I was age 54, they jacked my premiums from $650.00 per month up to $1700 per month. I refinanced my home and paid the extreme payment. It would appear that they wanted me off the rolls but that didn't work. I am age 55 and they pay the premium.
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