Brian J. Kvederas
Executive Director, ESW Foundation Inc.
P.O. Box 6015
Bridgewater, NJ 08807 
As it
happened:
I was
originally injured while fighting a fire on duty during adverse
conditions of a heavy winter storm on January 23, 2005. I was alone on
the hose line and these conditions, explosions and the pressure of the
line resulted in a tremendous and traumatic force whereas my neck
snapped backwards when I was thrown to the ground. I was then assisted
back to my feet by my Engine Operator and Captain and I merely continued
to extinguish the fire while in extreme pain. After the fire was
extinguished, I was experiencing that pain in my neck and entire right
arm down into my finger tips. I was taken to the hospital (by car) for
evaluation and I was told that all tests that were performed showed
nothing and/or normal and that it was most likely a pulled muscle. I
knew this could not have been the case given the high levels of pain
that I was enduring. I continued to live with that increasing pain for
approximately eight days until I could not sleep or find any position of
comfort. All the while, I continued to visit the Emergency Room very
frequently requiring pain management.
Finally, I called the Doctor and was admitted to the hospital for pain
management until he could examine me. Upon seeing me, the doctor ordered
and MRI and discussed the fact that he felt I required surgery because
of how I was presenting and my positioning in the hospital bed. Surgery
was performed that very day on the C6-C7 level of my cervical spine to
fuse those levels together.
Post
operative, I was ordered to “take it easy” and let the area heal and
fuse together. During every post-op visit to see the Doctor, the
worker’s comp nurse case manager and my fiancée were present. On my
April 25, 2005 visit, the doctor felt it prudent to return me to
full-duty, without restrictions. I attempted to object stating that I
was presently only lifting 2 ½ lb. weights while continuing physical
therapy. The doctor assured me that I would be fine. Meanwhile, I
returned to work and was certain to express my concerns to my Captain
and my shift-mates. Thus, my Captain attempted to assign me into a
reserve capacity whenever possible so that I could continue to heal.
However, as we became busier, and other firefighter vacations started to
occur, I was placed back into a “front-line” (busier and more physical)
position. Then on July 3, 2005, I had an episode of extreme pain while
responding on a call. Whereas, what felt like a lightning bolt shoot
through my neck a down my right arm due to the almost 100 pounds of
equipment that we are required to wear upon entering any structure. I
reported the episode to my on-duty Captain and was once again taken to
the Emergency Room for re-examination. I was then discharged with orders
to follow-up with my surgeon as soon as possible.
When I
was finally able to see my surgeon, again he ordered three tests to
further evaluate what was happening with me physically. I endured and
E.M.G. nerve test, a CT scan of the C6/C7 area of my cervical spine and
I endured a Functional Capacity Exam. At this time, he issued a “No
work” note to my employer and wrote that I would have permanent
restrictions based upon the outcome of those tests, specifically the
Functional Capacity Exam. After the conclusion of all three tests, I
was under the impression that I was re-visiting the surgeon to review
the test results. However, he had advised me that everything was fine
and that “I should simply return to full-duty without restrictions” and
“I should get back on the horse and ride it.” It was at this time that
I asked to see the test results because I had many questions about what
the test examiners had said to me while all said tests were being
conducted. The surgeon said that he simply would not show me the test
results, and that if I wanted to see them I should have my attorney
request them. In the meantime, he had ordered me back to full-duty
without restrictions (which was in contrary to his previous note saying
that “I would have restrictions based upon these test results.”)
At this
point, I was extremely concerned and confused concerning my health and
safety and for those that I served. However, and once again, I returned
to work and explained the situation to my superiors. I worked for
approximately three shifts without a problem. Then on August 4, 2005,
while responding to a medical call around 01:45 hours, the patient had
to be carried downstairs in very precarious positions and he weighed
approximately 300lbs. After that emergency call had ended, I was in
extreme amounts of pain and agony with muscle tightening and fluttering
and what felt like a knife sticking into the posterior of my neck.
Again,
I reported this to my superiors. I did not wish to be examined because I
was, at this point, exhausted from the multiple exams prior without any
answers, success or relief. My Chief ordered that I go to get examined
at walk-in medical facility (our carrier) The DO there, simply referred
me back to my original surgeon.
Therefore, an appointment was made for August 30, 2005 and while I
awaited that appointment, the copies of all the previous test results
came to me through my Worker’s Compensation attorney’s office.
I was
extremely disturbed that all of the aforementioned tests showed
abnormalities and definitive physical limitations and restrictions. I
spoke to my attorney at length and in detail about this matter. He had
advised me that “it is the worker’s compensation system...” When I saw
the surgeon, on August 30, 2005, he stated that I should simply return
to work and follow the guidelines of all the previous testing. However,
those guidelines DO NOT PERMIT me to be a Firefighter. I then asked the
surgeon what I could do to overcome these restrictions and limitations.
He replied that “You cannot keep coming into my office every month and
having me tell you the same thing.” “I cannot help you.” I asked him
about a work hardening program (which was suggested by the Functional
Capacity Exam evaluators), He simply stated that it wouldn’t help me.
I asked
about pain management, and he said he did not believe in pain
management, (which I found peculiar because he admitted me to the
hospital in January for exactly that, Pain Management.) It was at this
point, that I began to see that it was no longer about me and my health,
but the money and the insurance companies expenditures. Therefore, the
surgeon provided me with a note that said I had reached Maximum Medical
Improvement. This had alleviated all insurance company responsibility as
it pertained to my care and treatment.
I was
then forced to seek all further tests and treatment on my own and “out
of pocket.”
It was
through this further testing and exams that proved that my original
fusion had not “taken” and I was now diagnosed with Pseudoarthrosis and
Stenosis in the cervical levels of C4/C5 and C6/C7. After I had gathered
all these opinions that were from three specialized surgeons, I was told
that I required serious “high risk” revision surgery. Again, these
opinions were given by three Doctors and surgeons that I sought on my
own accord.
Once
the insurance company obtained copies of these opinions, and saw the
potential to “be on the hook” financially, they ordered an Independent
Medical Exam through another one of their doctors. I attended
that exam and waited to hear back from them. I only attended at the
request of my attorney…and had already had a revision surgical date with
a very specialized surgeon at The Hospital for Special surgery in New
York City. That surgery was scheduled for March 6, 2006. When I did hear
back from the insurance company, I was told that their Doctor, (The
Independent Medical Examiner), was now to become my treating physician.
Needless to say, I was less than happy with this fact because I had
established a relationship with the surgeon at The Hospital for Special
Surgery in NYC, and was extremely comfortable with his experience and
mannerisms.
Therefore, my attorney scheduled a hearing with a Judge through the New
Jersey Worker’s Compensation court. The judge heard my ordeal, and
agreed that the law is not fair towards the petitioner (me), but that is
all that she has to rule on and the respondent, (insurance carrier) can
unfortunately walk in and out of this as they see fit. This I see as a
total disregard for me the patient/petitioner. All I was asking for was
proper care and treatment regardless of cost. I wanted the best surgeon
in this regard because of the severity of my condition and the “high
risk” involved with revision surgeries. I had finally found such a
surgeon in New York City through my diligence and persistence. The Judge
said that the respondent can dictate care based upon price alone and
that they would definitely NOT pay the New York prices. At this
time, I expressed my displeasure with the law and explained to her that
it was my dream job to become a Firefighter to help people and that if I
was ever injured; my biggest misconception was that I would be taken
care of without any question of cost. I have lived with this pain for
almost 3 years now. I scheduled the high risk surgery on December 5,
2006 with my New Jersey Doctor all because of the New Jersey prices.
This
surgeon was my second choice. However, he was certain that he could help
me with my pain levels and to obtain solid fusions and he did.
Unfortunately, he concurs with many other doctors in that my career as a
Firefighter is over.
Even
today, the Insurance Company continues to fight with me and my attorney.
I will NEVER be able to help people as a Firefighter again.
Therefore, it has been my intention to start a Non-Profit Foundation for
Emergency Service Workers. I am also seeking every avenue possible to
get the verbiage changed in the Worker’s Compensation Law (1970) that
would enable Emergency Service Workers more rights in regard to their
own care and treatment.
I have
been in touch with other Foundations (Denis Leary Firefighter’s
Foundation) however their goal is to provide needed equipment and
training. The foundation has taken my name and forwarded it to other
Firefighter’s with these dilemmas like mine, and I have been in contact
with a few of these unfortunate Firefighters.
It is
very apparent that my career was ended due to the first surgeon’s
actions and inactions regarding my care and treatment. That is why the
ESW Foundation evolved.
To give
Emergency Service Worker’s a place to turn in the event that they are
ever injured in the line of duty. This Foundation will assist and help
Firefighters, Police Officers and Emergency Medical Technicians.
I thank
all of you out there that have taken the time and consideration
regarding this most serious and hidden problem.
All the
Best!
Sincerely,
RET. FF
Brian J. Kvederas
