I and the other driver and his family got out
of our cars and fortunately nobody was seriously injured. There was no
dispute as to who was at fault and we exchanged details. At home I
completed the
Police online accident report and contacted my insurer. My GP
checked me out the next day and diagnosed me with whiplash as a result
of the MVA and recommended I visit a physiotherapist. Over the next
few weeks I attended our local physiotherapist and by the third
appointment I could no longer raise my left arm. Eventually the left
arm deteriorated to the point that I could not move the arm at all any
more and was suffering from excruciating pain.
Three months after the accident I had a fusion
done on my neck at level C3/4, the pain relief in the arm was
instantaneous, but I could still not raise my outstretched arm past the
horizontal position and left with a weak left hand, including reduced motor skills. I
also developed a burning sensation in the left pinky, ring finger and
lower palm. Initially the cause was diagnosed as a stretching of the
Ulnar Nerve. My specialist got suspicious as to the cause, when I told
him of the MVA and he sent me to a Electromyography & Consultant
Neurologist. The final diagnosis was that as a direct result of the
second MVA, I had suffered permanent nerve damage and would have to
live with the restricted use of my left arm and hand.
In the meantime I have also undergone five
procedures to my neck with a Pain specialist including Radio Frequency
Rhizotomy, Epidural, Disc Block, Cryorhizotomy, Nerve Root Sleeve
Injection and finally fusion.
The reason I emphasise the medical treatment, is
that it is very important that if you been involved in a MVA, to get
checked out by your doctor. Your GP knows the tell tale signs of
problems that might occur a week or months done the track. Having
established a paper trail, avoids being confronted with the argument
that your injuries are not associated with the MVA, because you did
not immediately consult a doctor. Even if you are one of the lucky
ones and have suffered no injuries as the result of a MVA, visiting
your GP immediately after the accident, will give you some assurance
that you are OK.
Dealing with ICWA for the second time:
After the first MVA, ICWA argued that I could
return to return to work as a airline pilot if I wished to do so. ICWA
had me reviewed by various specialists, including a CASA Aviation
Medical & Occupational Health Specialist, a Cardiologist, a Orthopedic
and a Psychiatrist, none of these doctors supported ICWA's
argumentation and all found that I would never return to my past
occupation as a direct result of the MVA. As I have alread mentioned,
only the brother, Dr. Paul Langton, of the ICWA Case manager in charge
of my case, claimed that if I wanted to do so I could return to work
as a pilot, . Aside of the serious Conflict of Interest, Dr Langton
came to his opinion without ever speaking or reviewing me in person.
Dr Paul Langton in his reports, argued that I had invented some of my
symptoms, that the MVA was only a minor impact and as a result the
injuries were also minor, that I was an unreliable witness and that I
had influenced all the other specialists and their opinions. This as a
result, was basically the argumentation that ICWA's legal team argued
at court and which the judge basically followed in her judgment. The
character assassination, is probably the thing that most bothers me
about the outcome of my claim. That is why I would like to mention
again at this stage, that at the time of his testimony, Dr. Paul
Langton was in severe financial difficulties and according to one ICWA
employee, was paid the highest fee ever paid by ICWA for a medical
opinion. Additionally, Dr Paul Langton, shortly after my case ended,
was struck off as a doctor by the Australian Health Practioner and
Regulation Agency/AHPRA, for a period of 18 months and fined $30'000
for administering morphine and other drugs to both himself and his
drug addicted teenage girlfriend. Additionally he was found guilty of
treating and administering drugs to patients outside of his area of
experience as a cardiologist.
After the second MVA in 2012,
ICWA has completely reversed its argumentation and today argues
that any compensation is minimal, because I was unfit to work as a
result of the first MVA and therefore not eligible for loss of income
or loss future opportunity. ICWA is completely ignoring its own
arguments during the first trial and instead is now using my lawyers
arguments and medical evidence from the first trial to make a case
against me. Additionally,
ICWA again does not pay the medical expenses, without private
Health Insurance, I would have been put on a public hospital waiting
list and probably lost the complete us of my left arm while waiting
for surgery!
ICWA's handling and arguments after the second
MVA, are a further example of how any compensation or payment for
medical treatment has nothing to do with the injuries suffered or the
medical evidence. According to the legislation, compensation is meant
to be "equitable" the definition of which is dealing fairly and
equally with all concerned!
I intend to publish further information as it
becomes available!
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