Bill Murphy Vs. WCAT

Board Medical Advisors response

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I have a Ventral Incisional hernia. It happened after I was operated on almost 4 years ago.

According to Dr. A. Salvian, (The Surgeon who performed the Afomeral bypass surgery), it is a large neck hernia, and should not cause a problem.

This statement held true until the work related incident of 1St. March 2005. You can read his report HERE.

 

On Page one under the heading Issues, appeals officer John Dhaliwal states the issues as following: -

The issues in this review are the Boards decision to deny acceptance for the workers incisional hernia, and the Boards decision that the worker was not temporarily disabled beyond March 30, 2005.

Fact: -

The issue should NOT be the Boards decision to deny acceptance for my ventral incisional hernia, because it preexisted the work related incident. (See above).

The issue in this case is the denial of the existence of Dr. H. MacNaughton’s clinical report, which states, “The size of the defect in the abdominal wall is difficult to accurately measure but it is estimated to be at least 2.5 cm in diameter and the herniated Omentum and/or bowel measures 3 cm in diameter.”

This is December of 2007, and I am STILL disabled due to the herniated Omentum and/or bowel, which are incarcerated, in my Ventral incisional hernia.

 

On Page one under the heading Background, appeals officer John Dhaliwal states: -

This 60-year-old mechanic reported pain in his left abdomen, on March 1. 2005, after picking up some material. Although the family doctor questioned a hernia, the worker was diagnosed at the hospital with an abdominal wall strain. The Board Officer accepted the workers claim for a strain injury. The worker was later diagnosed with an incisional (Also known as a ventral) hernia, which the Board Officer did not accept as being related to the work injury. The Board Officer found the worker was not temporarily disabled beyond March 30, 2005, as a result of his strain injury.

Fact: -

The family doctor SUSPECTED a hernia.

The family doctor requested an ultrasound be performed at the hospital.

The Intern at the hospital misdiagnosed me with an abdominal wall strain.

I was NOT later diagnosed with an incisional (Also known as a ventral) hernia; I was later diagnosed with a herniated Omentum and/or bowel.

 

On page two paragraph three, Mr. Dhaliwal says, “He advised the worker to go to the hospital emergency”.

It should say, “She advised the worker to go to the hospital emergency to have an ultrasound performed”. Her report says, “Urgent ultrasound needed”.

 

On page two paragraph six, Mr. Dhaliwal acknowledges the existence of Dr. H. MacNaughton’s report, but for some unknown reason, he is completely oblivious to what the report says namely, “The size of the defect in the abdominal wall is difficult to accurately measure but it is estimated to be at least 2.5 cm in diameter and the herniated Omentum and/or bowel measures 3 cm in diameter.”

 

Page two paragraph eight, Mr. Dhaliwal says, “The board officer documented a history of ongoing hernia symptoms for the past three and a half years” What symptoms is the Board Officer referring to?

There were no problems relating to the ventral incisional hernia until the work related incident of 1St. March 2005. She says so herself in her report.

The BMA was right on both statements he made. The Ventral incisional hernia had nothing to do with the work related incident of 1St. March 2005, and the pain was located in a different area, but the herniated Omentum and/or bowel measuring 3 cm in diameter that is incarcerated in the Ventral incisional hernia (Which every WCB Officer is Cherry Picking around) sure did.