Friday, October 28, 2011

Ninety-nine percent determination, real, determination.


Most of you know by now that I have been off work since first diagnosed with cancer. The date is etched into my mind, December 2, 2006. This date is memorable for many reasons, most important of all is the date I had my first biopsy, which was for the suspected Squamous Cell Carcinoma near my left vocal chord. Also, it was the day I quit smoking, and have never looked back! Due to an extremely sore throat after the biopsy I did not go back to work, and it was while I was off, about five days later, when I got the news that I indeed had cancer

Another reason it is a vivid at this time, is because this is when I first went on S&A (sick & accident disability), this was the beginning of a nightmare that I feel could have been avoided had my employer let me go off a day earlier . The reason for wanting to go off a day earlier was twofold, firstly, it would have allowed me to be less stressed about going in for the biopsy, by letting me better prepare myself for the 6am arrival at the hospital for the day surgery. Secondly, and probably more importantly, December 1 2006 was the day my employer decided to switch insurance carriers for our S&A, LTD and Life insurance. As of December 2 2006, we were starting with a new carrier, and I was going to be the guinea pig so to speak.

Well as it turns out my concerns were warranted. You see, the policy under the new carrier stated that benefits would be paid from day one if you were admitted to a hospital or admitted for a "day surgery". Well after two weeks off and no cheque yet, I began making some serious inquires. What I was being told was that the insurance company deemed my "day surgery" a "procedure" for which they did not pay benefits from day one, and benefits would begin after 10 consecutive days off.

I was not falling for that! And so it began. I approached my union about it, and even showed them the insurance papers filled out by the surgeon which stated, "Day Surgery" and was checked off. Apparently there was another box checked as well to do with "procedure", and that was causing an issue.

I had just recently had a biopsy which determined I had cancer, I was going to have to undergo a series of 25 radiation treatments a.s.a.p! So my focus at this point was one of determination, real , determination. I went to my union hall with my case to file a grievance, I was told at the time by one of the top officials at the union hall that this was a "slam dunk" case and not to worry. Worry, yeah right, now nearing Christmas and still no cheque from the insurance company, worry was the daily theme.

Christmas and New years day both came and went, and still, no cheque! Several calls were made during those weeks, to company payroll, the union local, and the insurance company. The insurance company was still claiming I had a "procedure" when the paper work clearly indicated "Day Surgery". One little box of the form checked off in error because of the way the form was laid out, yet they knew I had "day surgery"!

By the end of the first week of January 2007, I finally had a cheque in hand. Less of course the first weeks pay that I was off. This was going to be a battle. Step two of the grievance procedure came and went with no results, and now the union local was saying I did not have a case! What! Back up the train, they told me I had a "slam dunk" case, what happened to that. Well it seems the union official I was dealing with sent a letter to the insurance company handling the claim and got a return letter basically telling him to go fly a kite, so to speak. That was where it was going to lay. I was informed it was not a strong enough case to take to arbitration based on the box that was accidentally checked of by the surgeon.

After further discussions with the union's national rep, I was informed that if I could come up with something in writing that states I had "Day Surgery", or any kind of surgery they would then look at pursuing the case. After several letters, paid for out of pocket!, the union, and in particular our National Rep. was stating those letters were not good enough, when I asked him "exactly what are you looking for", all he could come up with is "something that says I had "day surgery". Just to mention here, this was a "new" National Rep I was dealing with, just freshly moved up in the ranks to that position.

I informed him that two letters I gave him both stated I had "day surgery". Not good enough apparently, and no explanation as to why! So so far $150.00 out of pocket to try to get $500.00 they owe me. At this rate by the time I'm done there will be nothing to claim and I'll be in the hole!


Furious does not even begin to explain how I was felling, not to mention the date of my first radiation treatment was fast approaching, and there were tests to be done, masks to be made and a C/T Simulation to go through to set it all up! Stress? you betcha! However, that only made my determination stronger, and they, along with this cancer, were not going to beat me. One more doctor to see, my Family Doctor. I dropped into his office one day as I was at the drugstore picking up a prescription anyway, and just happened to ask his nurse if she could look in my file and see if there was anything in there that says I had "day surgery".


BINGO! there it was in black and white, the notes from the surgeon who did the biopsy describing step by step what he did with me from the time I entered the O.R. suite! Hooked me up to I.V., strapped my arms to the table and belted me to the table as well, administered the drugs to put me under, used this tool, that knife, this piece of equipment....etc, etc. I'll take 5 copies of that please! How much?, don't worry Tim just take it! Nice, now were cooking!

To say I was elated with this development would be an understatement. Now, I was going to "get even" with the union National Rep. No, I was not going to take this one to him, been there, done that, and it cost me! No,this time I was going piss them off by taking it straight to my employer, bypassing the union and going straight to the Labor Relations Mgr. He said he would go over it with the payroll / benefit Mgr. (his wife) and get back to me, but did not see a problem getting the weeks disability pay owed to me, as this letter was perfectly clear, I indeed did have "day surgery". No shit Sherlock!

By the time I did all the running around getting what everyone was requesting to prove my case, it was now March of 2007! Radiation, was completed, I was tired, weak, burned from the radiation and a sore nearly closed throat, and was now going to be starting Chemotherapy treatments. Chemo you say? Yep, Chemo, you see, while I was in my last weeks of radiation another "lump" popped up on my neck, which coincidentally was the main reason they even found the Squamous Cell Carcinoma, finding that was a fluke! they really were looking for the cause of the lump on my neck when they found that.

There was another surgery that took place near the end of February/07 which was another biopsy this time they got the lump and biopsied it. Low and behold, cancer number two! I was diagnosed with a T-Cell, Large B-Cell non-Hodgkin's lymphoma stage three. So all this running around for a weeks pay was taking it's toll on me with all the other stuff going on. In the end, I WON! I got my weeks pay.

Determination, real, determination, they were not going to beat me, and they didn't, I proved my point. Now, this is where some may question , why did I do all this for a weeks pay. Well my friends, and this is where some of you in the 1% should pay attention. I did not have a bankroll to fall back on. You see at that time, and prior to being diagnosed with cancer not once, but twice and two different cancers, I had been laid up with a work related injury from around Jan of 2005, and laid up on light duty till I had knee surgery in Dec 2005. I had only just gone back to work around June or July of 2006, and being laid up for a year, and on light duty in the office, not driving making my normal wage, we were put in a situation where we had to declare personal bankruptcy, and that is where I lost my RRSP savings, it was the first thing they took. It was not a large amount, but it was something.

So you see, that one weeks pay, was not only essential to us, but I was entitled to it, and they were not going to take it away, yes, we struggled a lot during that time, after all, it started just before Christmas! We still struggle to this very day. We are basically living day to day and month to month on these disability payments, and we do the best we can. Does it end here, nope it doesn't.

Once again my employer comes at me with a letter stating that they no longer have to pay my other benefits, prescription, dental, eyeglass, etc. Somehow, they came up with some kind of clause, not even in our collective agreement that stated they no longer had to pay my benefits! What! Here we go again.

After going through step one and step two of the grievance process they blatantly stated, tough luck! Well, this time I proved my case and we went to arbitration, and once again I WON!  Once again, determination, real, determination. Benefits were restored, and any prescription we purchased during the time without benefits were paid! Seems that I am such a liability these people will stop at nothing to try and derail me and get rid of me. This actually happened twice where they cut my benefits but I had won the earlier case in the normal grievance process. The order of this may be a bit out of sequence, because I'm writing from memory and not my notes which are more accurate. But the order of things here is irrelevant.

Is it finally over now, nope, not at all. You see, not only did I get stuck with an insurer, who by the way the company dropped for another insurer, 5 months after I went off, which left me stuck with them as a liability, there was also a clause in the collective agreement, which had been changed in the previous collective agreement prior to me going off, limiting LTD, (Long Term Disability) payments to a FIVE year maximum. Yep, a FIVE year maximum, again something done due to premium issues and profits. Our previous contract took you to age 65, or your return to work which ever was first. Well, unfortunately, I don't think that will be happening with me, so, come March of 2012 I will lose my Long Term Disability pension.

Losing that pension is going to be a big hit on us, and Brenda is probably going to be returning to the workforce then. Right now she's been looking over me the past 5 years. Without her going back into the workforce, we would have to try to survive on a Canada Pension Plan Disability pension. Let's just say that will not even cover our rent, let alone pay the bills. The bills by the way, are just the basics, no credit cards, no loans, no mortgages, none of that, that was all taken care of in the bankruptcy a number of years ago. So we are coming to a point where many decisions have to be made, we will get through it, as we are doing now, just remember, I have determination, real, determination to triumph over these battles!

You may see that I enter a lot of contests, well, that is how we get to have an evening out, whether it be a concert, a show, a hockey game, what ever, it gets us out, which is a luxury we would not otherwise be able to take advantage of.

So we are with the 99% in this world, and have learned to get through the tough times, something most of the 1% who control the world we live in, have never had to do! Now I'm not knocking the people who struggled to get where they are, but you know, the ones that had it handed to them, and care less about what happens to me or you or the turmoil they leave behind on their way up.

Although I may not be out there with the 99% occupying Senator David Croll park, in downtown Windsor, just outside city hall, I am there in thought and spirit, after all, I am living it day to day.

Just remember, when the next challenge, or obstacle to overcome is put in front of us, I will take it on, with determination, real, determination!

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