Weblog of a civil servent

 

    State OF NEW YORK-   County OF ALBANY

               SUPREME COURT

        ARTICLE  78  HEARING

       OCTOBER 12,2001.

         PAGE 12 of  Transcript  LINE 19

    I said,     I'm a civil service worker .  They are civil service 

   workers . " Referring to the system ".   If I killed somebody ,

   If I hurt somebody ,  If I mugged somebody , I could

   understand them pushing a little something extra in there or

    something that they built up, or whatever .  But you try to hurt 

   me for no reason.  They turned things around .  It's not right.

   NEXT, FROM THE FIRST TO THE THIRD HEARING"S

   JUST THE THINGS , THEY TURNED AROUND. 

 

 

 

    Date :  4-11-97.

      As of the end of Feb , you are off pay-roll & out of time ,

    there fore you must pay for your Health Ins if you wish to keep

    it while out on Workers Comp .  Unfortunately the cost is 489.22

    per mo for your family Empire Plan .   This cost does not include

    Dental which is 31.70 per mounth.    Please call me right away.

    And let me know what your situation is.   I have not yet taken

    you off the insurance and I tried calling you at home .

    Please make check payable to your health ins.

 

       Now the Doctor that saw me in part two first saw me in

     Feb 27,  1997,  And wrote,

      WORK STATUS:  He is capable of returning to a sedentary

     job in which he just does desk work at this point.

     After I recived this report ,  then I went back to my job and

     asked for light duty.  And after I was turned down , then I

    recived this letter . 

 

     There is a Civil Service law ,  in Mc Kinneys Consolidated

     law books ,   Civil Practice Law and Rules Art-21, Page -716

     Rule # 2101,    Letter F

      Defects in form; Waiver .  A defect in the form of a paper ,

     if a substantial right of a party is not prejudiced ,  shall be

    disregarded by the court ,  and leave to correct shall be freely

    giving .  I  had tabs on my paper work, and was not giving

     the chance to remove them.  And there was one part of

     my papers that was pulled apart, and they said , thats the way

     I sent them in.  I Gave nine parts to the , Appellate Division,

     and nothing was wrong , I gave one part to the retirement

     system, and one to the Attorney General's office,  one of

     them pulled them apart.

 

     Same Letter F

     The party on whom a paper is served shall be deemed to have

     waived objection to any defect in form unless ,  within two

     days after the receipt thereof , he returns the paper to the 

     party serving it with a statement of particular objections.

     I recived the papers that I gave them for my Article 78,

     hearing , about thirteen days later,  saying they were moving

     my case to the Appellate Court. 

      I found this law by luck ,  but I can't find out if anybody is

      immune from this law.   Is there anybody out there that

      can help me with this law .  JUST WRITE YES OR NO.

                                                THANKS

 

 

    This is a letter , that I sent to one of the hearing judge's,

     After the third hearing.  After I was turned down again.

      Dated Dec 6, 2ooo..

     Dear Judge,

                     When I was hurt in march of 96, after an MRI my

     Doctor told me that if I go for the operation on my shoulder ,

   that I would  be out of work for about six to eight weeks. I was

   told by my union rep,  to ask the office how many sick days I

   had left .  And that as long as I keep at least one week banked

  and don't use it,  I would still have medical Ins if I was not back 

 after eight weeks.  So at the time I was told that I had about

  fourty days ,  So I told them that I would be going for an

  operation in Nov, and to please bank my last week of sick

  leave till I come back.

  So after they sent me another check, when I new I had only

   the days I asked them to bank, I  called the office , and they

  told me that they added my sick days wrong at the start and

  that I still had fifteen days more, plus the week I asked them to

  bank. Then awhile after they sent me the next check ,   they

 called me and told me they made a mistake , and that I would

 have to send them a check for the last to weeks sick pay, that

  they sent me .  Plus I would have to send them a check , for

  close to five hundred dollars if I wanted to keep up my wife's

  medical Ins.  I called them up , and asked them since the mistake

  was there's  ,  can I buy back the last week that I asked them

  to bank.   And I was told that they were sorry but I could not do

   that.  now my wifes Ins is up to six hundred and fifty nine

   dollars a month,   IF I new I was going tobe put out , don't

   you think I would have fought them,  so I didn't fight it and sent 

  the money in,  but if I new that there Doctors were going to put

  me out,  I would have fought them .   Then I did go back and

   asked my head custodian ,  if I could come back and work light

   duty, and was told that they have no more light duty jobs ,

   that light duty jobs , put to much pressure on the other men.

   :: I said in the letter , that it was 98, but it was in 1997.

    Next the letter that I recived from the job.

 

   I was told in a letter from the state , to call there Doctor, and

   make an appointment , for him to examine my left shoulder.

   And I was to bring any MRI"S, Ex-rays , or Doctors reports

   with me when I go.   So I called , and he gave me an

  appointment , for July 13, 1998,  I asked him is there anything

  else you want besides the MRI"S, EX-rays , and Doctor reports.

   And he told me that he has everything , don't bring anything

   just be on time .

   When I went to his office ,  I took everything anyway,  when he

   saw the packet I had , he asked me whats that.  When I told

   him,  he said I told you I have everything , and never looked

   at anything I had . I still think that he made up his mind before

   I got to his office.  After his exam , I asked the state to send

   me to another doctor ,  but a decent one, so why didn't they.

    Date of exam;    7-13-98.

      As requested the following narrative report is being submitted in

   reference to , a 59 year old man whom I evaluated in my

   Franklin Square office on 7-13-98.  In addition to the clinical

   examination ,    "  That took less then 5 minutes."    I have also

   reviewed medicals provided and have taken their findings into

   consideration.

   Present complaints :  His main complaint is that he would

   experience pain in the left shoulder with carring and lifting of

   heavy objects.

   LEFT SHOULDER EXAM:  There is no pain on palpation over the

    long head of the biceps tendon or over the acromioclavicular

   joint.  Forward flexion of the left shoulder is possible to 170*

   Abduction is possible to 165-70*.  Internal rotation is complete.

   External rotation is possible to 55*.  The impingement test is

    negative .   Elbow and wrirt movements are well perserved.

   Grip strength is strong , pinch mechanism is intact.  Sensation

   of the left upper extremity is normal.

   This gentleman claimsinjury to the left shoulder following the

   accident . Clinically , there is no indication that he requires any

   additional teasting or treatment and from an orthopedic point

   of view there would be no contraindication for him resuming

   work activity as a custodian in light of the above - described

   left shoulder clinical findings. 

      Now what kind of medical reports , did the state give him.

     And did they know , that he was retired from doing any

     open surgeries years before he saw me.

 

     

 

  Third DOCTOR,   Dec 3, 1997.

     I am a New York State licensed and Board Certified orthopedist.

     Present Complaints :  He does not have full strength of motion

     in the left shoulder ,  his non-dominant side.  When he

    repeatedly brings his arm up he gets increased amount of pain .

    He has no complaints of his neck or entire back.

    Work History :  He stated he worked until he was operated on

     and has not worked since.

     Review of Medical records: 

     MRI, dated 7/30 96, which shows a full thickness rotator cuff 

    tear, degenerative supraspinatus tendon with retraction and

    productive changes at the AC joint.

    A mid Island operative report , dated 11/18/96. where the

    procedure was left shoulder open arcomioplasty, distal

    clavicle excision and primary repair of rotator cuff supraspinatus

   tendon.

   Physical Exam : today reveals a 3''  anterior scar of the left

   shoulder .  There was visible atrophy of the deltoid and the

   infraspinatus muscle.  Muscle teasting revealed that the

  abductors were 4 as compared to 5 and the rotators were 4 as

  compared to 5 on the opposite side .  There was no crepitation

   present.

  Causal relationship :  I feel that his shoulder condition is due

  to the accident that he sustained .

  Appropriate Treatment : Ifeel that he has reached maximum

   medical improvement.

  Degree of disability :  I feel that he has a moderate disability.

  Work Capacity:  I feel that he can do sedentary type of

  occupation but not be able to go back and do any occupation

  that would require lifting or repeated motion of his left shoulder

  above shoulder level .  Next the doctor that the state sent

   me to.  

 

    Next Doctor , after the operation,  July 9, 1997.

    I was asked to bring any MRI"S, X-ray's, and operation

    reports with me, and I did.

    Present complaints :  He still has weakness and pain.

    Physical Exam:  Claimant demonstrates full abduction, full

    anterior flexion , lacks about 20 degrees of internal rotation ,

    has full external rotation .  The claimant is noted to have a

   + 3-4 strength on abduction and anterior flexion.

   Diagnosis:  Causal relationship,  There is causal relationship.

   Disability : He has moderate disability at this time.

   prognosis:  Fair.

   Return to work:  HE is employed as a working custodian and

   therefore must do overhead lifting ect.  He would be not capable

   of carrying out this type of work , but if desk work were

   available for himhe could handle this quite easily .

  I am A New York State Licensed and Board Certified Orthopedic

  Surgeon.          

 

    There were three Doctors ,  that my jobs insurance carrier,sent

    me to.  The first one was before the operation.

     The first Doctor I saw , on June 5, 1996.  His report .

     The claimant is working .  He states that when he raises

     his arms overhead , i.e.  when the elbows reach above shoulder

     level , he develops pain in the shoulder.  He points to the

    suprascapular fossa, at his lateral end, on the left.  He states

    that he has a knot ''  in this location.  Physical Exam ;

     reveals a 6 ' tall 165 pound male, who appears in good

    health .    The contour of the shoulder girdle is normal.

    There is a suggestion of a slight atrophy of the supraspinatus

    muscle on the left side.  Range of motion of the shoulder

    is entirely normal.  When lowering his arm, I palpated a

    1''  diameter firm mass,  about three inches from the distal

    end of the spine of the scapula, in the supra spinatus muscle.

     Pressure on this region elicited complaints of pain.  There

     are no signs of impingement.l

     Diagnosis:  History of the left shoulder strain . Findings are

     compatible with tear of the left supraspinatus muscle. If the

     history , as giving by the claiment ,  is correct , there is a

     causal relationship .

     Disability :  Claimant is working without functional disability.

     He states , however , that he experiences pain when he

     performs work that requires him to raise his arms so that the

    elbows are above shoulder level.

    Treatment :   The claimant has not seen an orthopedist, as

    yet.  He wants to ask his physician to send him to one. This

     is acceptable .  I do not belive that the condition, however ,

    is treatable.  Fortunately , it is self limiting.  Improvement

    can be expected with time.

    When I went to see this doctor ,  I told him that I can do

    most of my job without help, but it takes a little longer, but

    I do need help with a few things .    Same Doctor:

    August 21 , 1996.

   An MRI of the claimant's left shoulder was performed on July 30,

   1996.   It was reported to show a full thickness rotator cuff

   tear of a degenerative supraspinatus tendon with retraction

   of the supraspinatus muscle.  There was arthritis of the AC

   joint and a moderate to large effusion of the joint .  The

   findings are consistent with my diagnosis.

   The claimant's functional disability is as I reported in my

   report on June 5, 1996 and my opinions remain the same.

 

        When I was told to go back to him in August , I was told

    to bring any x-rays, MRI"S, with me , and I did.

of the

    

                                                                                  

 

                                                                           

 

    A bennett retractor was placed beneath the acromion prior

    to acromioplasty to protect the rotator cuff and then using

    an oscillating saw the bony acromioplasty was carried out in

    the usual manner bevelling it posterior to anterior taking at

    least 9 mmoff anteriorly and removing any spurs particularly

   medially until an adequate subacromial space was reestablished.

   The AC joint was significantly arthritic and distal clavicle was

   excised , inferiorly to prevent distal clavicular impingement

   using an oscillating saw and a rongeur.   After an adequate

  subacromial space was reestablished , attention was turned to

  the rotator cuff.  The arm was rotated to bring the tear into

  view .  It was a triangular 4 cm moderate to large tear . This

   was primarily avulsed off of the greater tuberosity which had

   degenerative spurs .  The spur was first removed . The area of

   the insertion was deepened and repaired using a bur and then

  four arthrotech harpoon suture anchors were placed in the

  prepared bed or just above the greater tuberosity and the

  attached sutures of NO.2  nonabsorbable were used to suture

   the leading edges of the cuff from front to back to its

   anatomic bed.  After freeing adhesions manually , this was

   done quite easily and affording a good airtight repair even

    with the arm in adducted and rotated internally. 

       Several interruped o nonabsorbable sutures were used to

   repair any  remaining small gaps in the cuff in the substance

   area posteriorly . The joint was irrigated and attention was

   turned to the deltoid . A drill was used to make holes in the

   anteromedial acromion for secure attachment of the leading

   edges of the deltoid and then several interruped O PDS

   sutures were used to further repair first the interval side to

   side of the deltoid then the superior deltoid to the clavicpectoral

   fasciaover the resected AC joint until there was a strong and

   airtight repair of the deltoid as well.  Irrigation with saline and

    hemostasis and cautery .  The subcutaneous tissue was closed

    with 2-0 Dexon and skin with staples .  Sterile dressing was

    applied.  The left arm was placed in a shoulder immobilizer

    sling with the arm across the chest .  The patient was

     transferred to the recovery room in stable condition

     neurouascularly intact to the left hand after the

     procedure.

 

         All this was copied from the  operation

     report, that I recived , and sent same to the State

    before the first hearing , so there doctor should of had this

    report.                                    

 

    REPORT OF OPERATION,  ON NOV 18, 1996.

            Preoperative   Diagnosis

     chronic impingement syndrome,

     acrromioclavicular joint

     arthritis and large rotator cuff tear of the left shoulder.

     operation :

     left shoulder open acromioplasty distal clavicle excision and

     primary repair of rotator cuff/   supraspinatus off tear off of

     the greater tuberosity with harpoon suture anchors, no.4.

     Anesthesia;    general.

     Drains ;   none.

    Specimens :      subacromial soft tissue and bone.

    Complications ;   none.

    Estimated blood loss ;     200 cc;

    Transfusions ;        none.

     Procedure;       The patient was taken to the operating room

      and placed in the supine position and general anesthesia

      was induced.  He was placed in a beach chair positioner.

     The left shoulder was prepped and draped in the usual

      manner with left arm free in the usual manner.  An

     approximately 8 cm longitudinal incision was made in langer's

     lines from the ac joint distally ending lateral to the coracoid

    and carried through to the subcutaneous tissue. The deltoid

   was split not more than 5 cm to protect the axillary nerve

   distally and then taken down about 1 cm medially and laterally

   off of the distal clavicle and acromion.  Retractors were placed

   and hemostasis was with cautery.  The ca ligament was

   excised and the clavipectoral fascia incised revealing the large

   tear in the rotator cuff and above it the thickened hooked

   acromion.   THATS IT FOR TODAY .

 

    Taken from first hearing, May 13, 1999,

    State Office Building,  Hauppauge , N.Y.

   Page 33,  Line 6.

    The next day , it didn't seem to bother me but that night,

     maybe the pain killers wore off, or I did something ,or whatever

     but there was a lot of pain .   The next day I went to the

    hospital, after they checked out my left shoulder , and took x-

    rays and said nothing was wrong ,  you probably have a bad

  sprain.  Then they said to keep ice on it , and see your Doctor.

  So my doctor was treating , me for a bad sprain ,and told me I

  had to work it off.  But after a few weeks , with the pain not

  getting any better, he sent me to a physical therapist.  He was

  treating me with heat and isometrics, for a bad sprain .  After

  awhile , he said i'm going to send you to a orthopedic

  surgeon .  He was treating me for the same thing , then he said

  I want you to go for a MRI.  I asked him what that was , he told

  me it would show any imperfections in the shoulder .  So after

  the MRI , he told me ,I had a very bad tear in my rotator cuff

  he said if I didn't go for an operation, it will get worst. I went

  For the operation ,  Nov 16, 96. Next the operation .

 

      FIRST I WOULD LIKE TO SAY THANK YOU BLOGIGO.

      NOW I CAN KEEP MY WORD, I TOLD SOMEBODY UP

      IN ALBANY, THAT I DON'T KNOW HOW, BUT WIN OR

      LOSE THIS CASE, I AM GOING TO GET IT IN PRINT.

 

 

     First the accident of March, 1996.

       When I first started working for the school dist, they had

       only four foot high dumpsters.  When we were dumping

       garbage in, you could rest your arms above the elbow

       inside of them,  to help you dump the garbage.  But a

       little while before my accident,   they changed them for

       six foot high dumpsters.   The night that I had the accident

       there was snow on the ground.  What was under that snow I

      don't know,  if it was ice, or garbage I don't know.  But I

      do know that if the four foot dumpsters , were there when

      I slipped while holding on the top with my left hand , I could

       touched the floor with my right hand, before I tore my 

     shoulder.  But with the six footer,  when I slipped while holding

     on, I still could not reach the floor with my right hand.  So

     while hanging ,  I let my left hand off the dumpster , and

     dropped about a foot or less to the ground.  We told them

    that they were to high , and that somebody was going to get

    hurt.  But that just fell on deaf ears, we even used an old

   pic-nic table to climb on when the weather was good, to help

   us dump the garbage.  Awhile after I got hurt, they changed

   back to the four footers.  The six footers were an accident

   waiting to happen.

  This was taken from the court papers of my article 78, hearing,

   on Sept 25, 2001.  At the Supreme Court in Albany.

   Testing.

   

      

 

 

 

 

 

      More about the accident .

      Taken from first hearing on,  May 13, 1999.

       Page 31, line 16, There lawyer,  Tell us about the injury in 

      ,March, 1996.

        I was comming out to dump the garbage . They had a

      recycle dumpster in front of ours ,  so I had to walk around

     that to go to our dumpster,  and I took the shortest route

     which was in the back of the dumpster , and I picked up the

     pail that I had and I was dumping it.  As I turned around , I

    felt myself starting to go,  so I let the pail go and I grabbed

   up to the dumpster and everything was okay.  Then when I

    went down to pick up the pail with my hand, still holding the

    dumpster I picked up the pail . Then my feet went out from 

   under me, and still holding onto the dumpster I was hanging

   and I dropped to the floor and by that time a coworker came

   out of the back door.  He saw me on the floor , and asked me

   if I was alright.  I said I was fine and it was our lunch time

   then, and I went up the stairs to the lunch room. After I ate,

   they had an arm chair , and I had my arm over the back of it

   and while we were getting ready to go back to work, my arm was

   very sore. I was just there a few minutes , but the arm was

   very sore and my coworker told me to tell our night head

   custodian that I fell.  So I told him I felt alright, so he said you go

   tell him you fell ,  or I will. So I went and told him I slipped on the

   ice by the dumpster,  so he gave me some forms to fill out,

   and he wrote it up or whatever he did. More to come.