A few days ago, I posted “can I put a restraining order on my case manager“, and while the answer is YES, it doesn’t mean that your horrible workcover case manager will refrain from harassing and bullying you in a different way. In my case, we successfully put a “restraining order” on my case manager about 12 months ago – she was not allowed to contact me directly and all correspondence was to go through my solicitor and/or medical practitioner and direct contact with me was prohibited unless prior approval was granted.
Well, what can I say… Whilst this nutter of a workcover case manager ceased to phone me (up to 10 times per day), she soon found another way to make me sick by emailing me constantly and several times per day on my personal email address. This in-spite of having emailed her personally that she was not to contact me via email (all contact was to be via letter) and that all her emails would be deleted unread.
In a way it’s good she persisted on emailing, because the contents of her emails can now be used as evidence of her disrespectful, uncooperative, dishonest, incompetent, harassing, demeaning and obstructive behaviour. On the other hand she is making me sick and I start feeling nauseated just opening my personal email inbox.
Some specific examples of my case manager’s emails
- attempting to cease my psychology entitlements whilst I just had been referred to a psychiatrist (by my psychologist) for severe depression after I had been illegally sacked by my employer
- stating that “I did not need to see a psychologist or psychiatrist because I could talk to her (WTF!)
- ignoring the ACCS ruling entitling me to have as many psychology sessions as required (as per the Act) and in fact refusing to pay a psychology bill of over $700 (when confronted by the ACCS she stated that it ‘had been an oversight’
- sending me to a vocational assessment whilst certified unfit for all work by my GP, psychologist, orthopedic Surgeon, Psychiatrist and independent psychiatrist
- not providing me with a list of three choice service providers for occupational rehabilitation and making a direct appointment with her provider of choice
- overriding a previously approved special orthopedic brace – i.e. we received approval for a brace requested by my treating orthopedic surgeon, purchased it (very expensive) and then one month later received a letter that the brace was not approved – again when confronted my case manager simply said that ‘it was an oversight’
- ceasing my physiotherapy entitlements ‘because I am not improving” and failing to realise that when you cease physio on a severely damaged joint, the remaining muscles and tendons will also start deteriorating – which happened to me (for which I now have to undergo major surgery number 7).
- making me wait 28 days to write a 2 line approval letter to the radiology facility where I was to undergo an MRI (the radiology facility insisted on having an approval letter),whilst 1) the request for the MRI came from my treating specialist (no prior approval is needed for an MRI in that case) and 2) my GP had sent an urgent fax as a follow-up requesting PROMPT approval for the MRI as I was in a very bad shape
- when she was told that my injury had significantly deteriorated (MRI,report from surgeon and request for major surgery-approved by her!) she stated that “she was not interested in my physical condition, but only my psychiatric condition”
- my case manager – whilst aware of the severe deterioration of my injury (request for major surgery etc) sent me to a shrink for an independent assessment because she needed to assess ‘my ability to engage in rehab and return to work…’ (WTF?)
- my GP requested taxi transport as well as my orthopedic surgeon but whilst my case manager allowed 1 taxi travel (to an IME) she stated that I should not assume that this (taxi transport) would be ongoing…. as she first had to have me assessed psychiatrically and physically before making the decision whether or not I would be allowed to travel by taxi. WTF – given that she had spoken to my orthopedic surgeon and has all the clinical evidence on file, including recent MRIs, emergency x-rays, requests for major surgery and the explanation from my surgeon on what was going on with my injury
- why did I not tell her on the day that I had to go to the emergency department with a dislocated joint that I was going to the emergency department – WTF
- sending me to a physical IME because she needs an “objective assessment of my injury” (of course by an IME who has no expertise in the field of this type of injury) after ‘having spoken to my orthopedic super specialist”… Can you make sense of that?
- stating that there ‘is no reason why I could not drive my car’, whilst she had just received the emergency department x-rays (showing dislocated joint), MRI results and requests for major surgery… WTF?
Anyway, there are lots more examples… but just recalling them makes me fully sick. Is your workcover case manager also treating you like a criminal or a piece of s**t?
I have now instructed my solicitor to ‘deal with her’ and have her immediately replaced, for I will not tolerate this kind of treatment any longer. Life is hard enough as it is at the moment and I don’t see why I should be constantly insulted on top of it all.
[dictated post - apologies for spelling mistakes ]
The things you have described sound to me like the tactics of Allianz.
The NSW Workers Compensation Commission recently made a ruling regarding Allianz, and named two of its insurance officers, who bullied a workers compensation claimant.
Regarding use of email, I would suggest that an email address be created used exclusively for the use of any claim matters. This keeps personal matters separated from claim matters,
Hi
Good tip about keeping the private and claim emails separate, thanks. Still, I sincerely hope to have this case manager replaced or at least to have my solicitor reinforce the ‘restraining order’ of 12 months ago. I don’t know how to deal with all these insults, mocking, and belittlement anymore. I’ve just spend 2 days writing a 9 page complaint letter to worksafe, and although I don’t expect miracles, at least it’s well documented and I have sent a copy to my solicitor.
Thanks again for your feedback, greatly appreciated.
Remember that if WorkCover doesn’t take your complaint seriously, or if it takes too long to investigate, you can complain to the Ombudsman in your state.
Hi, good tip, I may just try my luck – thanks again!
It may also be a good idea to ask your solicitor how much it is costing you for them to deal with this person. There may not be a lot left for you at the end.
I just realised this the other day… and decided to stop emailing my lawyer about these issues, I mean they start counting $$$ at 6 minute intervals! It is actually a SHAME that we, injured workers, need to hire lawyers to fight for what we are legally entitled to anyway, because the government does not enforce the law!
Hi, please let us know whether you were successful at having your horrible CM replaced or if your lawyer was able to reinforce the ‘restraining order’.I am in the same situation with Xchanging and have a CM from hell! Did you know that there are some recent reports from the Ombudsman detailing the terrible bullying and harassment that’s going on internally!(example: http://www.smh.com.au/nsw/bullying-report-reveals-toxic-culture-at-workcover-20110303-1bgem.html).
If they even bully each other, no wonder they take it out on us.
Good luck
Thanks and I will keep you posted
Fun fact:
Did you know the complaints and compliments officer at WorkCover NSW was herself accused in NSW Parliament of bullying?
See parliamentary records here http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20090401042
Ms Vicki Telfer is also mentioned, she is part of WorkCover’s executive, yet reported as “terrorising workers, and regularly swearing and intimidating officers.”
Unbelievable and yet I am not surpised
I too have had dealings with Telfer on a professional basis.
She is ruthless. In line with what has been reported about her, I also consider her to be a bully.
What a fine example WorkCover NSW sets. It is a pathetic organisation whose management cannot see outside of its own little box.
Who is the workers compensation insurer involved? Time for a public shaming.
Xchanging – they are even worse than Allianz if you can believe it
Well, it’s about time these _individuals_ were held accountable.
After all, why shouldn’t the friends and family of these insurance officers know that those closest to them are bullies & cheats?
I agree, these case managers hide behind the corporate structure. Yet, their every dealing with you is personal.
It is time that the case managers experienced some personal accountability of their own.
If they are not fit for the job then its time for any such person to resign. If they won’t do the right then then it should come as no surprise to them to see their activities exposed to the world.
I just wrote to four corners from the abc to see if they will investigate, afterall look what happened when they screened the animal trade cruelty.
You should all do the same
That’s a very good idea – I will write to them and include the link to my website/blog, who knows, they may just help us out. It’s funny how the media in general (I am not talking about 4 corners) makes these big stories about people ripping of workcover (as in fraudulent claims),why should they not kick a big fuss about legit injured workers and the way the workocver insurance companies rip them off!
Thanks again
The media makes those big stories because the workers compensation authorities in each state provide them with footage and information.
WorkSafe & WorkCover (depending on which State of Australia you’re in) has no interest in airing its own dirty laundry – after all, each insurer is handpicked by the authority so why would it embarrass itself by detailing the failures of that insurance company.
What we need is consistent and hard evidence of illegal conduct by the insurers (or conduct that is in contravention of their agreements with WorkCover) and we then need evidence of WorkCover’s failure to act.
That evidence is in the hands of injured workers across the country. I implore anyone with evidence of wrongdoing by their case manager, insurer, or workers compensation authority to make a complaint to the Ombudsman in their state. Also, why not leak documents to this site or post them to a site like http://www.scribd.com? Remember to delete your personal information and claim numbers.
The scribd site is an excellent tip! I had not even thought about it! THANKS!!!
Had mediation with allianz, the person from allianz was co incompetent that they had a case that had occurred some 10 years earlier and that had been resolved , the issue at hand could not proceed as they had no current case notes the person conducting the mediation session ruled that court proceedings should now be pursued , how slack were allianz , were not interested enough to get the correct documents , people that have to attend mediation at their own cost, in time and money are no concern to the big insurance company’s . they treat workers with injuries with disdain
I was disgusted with the lack of concern with the time and money wasted by a system that considers the only people that need to be investigate are the people with the right to make a claim , insurance company’s share holders obviously are non the wiser to the amount of money that is spent chasing shadows….
Did you know that you can claim travel costs to attend Conciliation now?! Not much help I know, but something. Yes, Allianz are extremely bad, I have also had my share with them but my employer switched to Xchanging who are virtually equally bad! You must put a complaint it at WorkSafe too because Allianz needs to keep documents and track of documents (legally). They don’t give a shit because they know we, the poor injured workers don’t have the $$$ to defend ourselves! They should go to hell in a handbasket!
Case manager making me sick ive just got to work which one of the eight it was