Help Jessica Win The Fight
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Hello there my name is Eric J. Dionne. What I write below is going to be long but you will understand after reading it all I promise.
Let me tell you a story, a story of the most amazing woman in the world. Her name is Jessica L. Dionne and she has been my wife for going on 17 years, my rock, my soul, my light, and my life. She is a mother, a wife. She was adventurous, She was kind, She was caring, She was Independent, She was a best friend, she was an ear to listen and a person of advice, she was a Rural Mail Carrier for 20 years for USPS.
I say she was because on June 1st, 2020 while casing her mail with USPS on a monday a rug leaning up against her mail case slide down and hit her in the head knocking her unconscious. When she came to she couldn't speak and didn't have control over one side of her body. She was taken to Craven Regional Hospital in New Bern, NC where she spent the next 5 days.
At the Hospital because of COVID-19 I wasn't aloud to enter and speak for her to let them know what had happened. I wasn't even aloud into the hospital after they admitted her to see what was going on. It wasn't till later and looking at reports that we saw they treated her under Stroke Protocols, which wasn't the case. During these 5 days they didn't do any treatment but monitor her, on the 5th day they released Jessica even though she still couldn't speak, and move part of her right side. When I spoke with Legal at the hospital they said that the Neurologist there at the hospital stated that they had spoke to me and gotten all information they needed from me (Or as they put it her husband) this wasn't the case as I never spoke to anyone, hence the reason i was contacting legal. Moving forward...
We filed paperwork with the USPS and Department of Labor for Federal Workmans comp, things at first we thought would be fine and continued on our way, we had 2 to 3 appointments a week in Greensboro, NC (3 and 1/2 hrs away) for treatment of Jessica and to try to work on rehabilitating her speech and movement. Then towards the end of the month, we get a letter in the mail from USPS and Labor Board stating they are denying her claim because get this, the ER doctor put the WRONG DATE on her paperwork!!!
I called and went through hoops to fix this mistake not made by us but by a doctor, and finally got the paperwork back to the Labor Board and USPS only now to find out that because of that we would have to file an Appeal. We filed an appeal but were told we would have to get more information from the other doctors she was being treated by and we now only had 20 days left to do this because we only had 30 days total and 10 had already elapsed. We couldn't get the report from the Doctors in Greensboro in that time frame because as the Doctor put it, he wasn't going to rush his report, because this was a very detailed thing that the labor board was requesting as well as USPS. We got it 2 days after the deadline.
I called the OWCP rep and Labor board and was told to submit the paperwork into them and they would allow an extension and go over the paperwork. I did such and waited, and waited, and waited. After 3 weeks of not hearing anything I called back in and asked what was going on. I was informed because it hadn't been turned in, in time that it was denied and that if we wanted it reviewed we would have to seek a written review request.
We applied for a written review request in September of 2020, and received a letter stating they received our request but due to Covid-19 it could take 3 to 5 months before getting to a case representative to review. Granted all this time Jessica is still not receiving any monies from workmens comp and can't go to work, can't apply for unemployment or anything. In October/November we received a response from the branch hearing department saying that they were sending our case back to OWCP and the District office and we would have to take things up with them. Since then we have not received a call back from the 40 plus phone calls and messages I have left with the office to get answers and move forward. They DON'T CARE.
So that brings us up to today, Since the accident Jessica has been seen by numerous doctors out of Greensboro, NC, Chapel Hill, Duke, and more. Had Neuropsych testing, cognitive testing, her eyes tested, CT Scans, MRIs, rehab for cognitive functions and so forth with many many more appointments still in the future.
We can't fight this on our own anymore and to make matters worse a Federal Workmans Comp case doesn't work the same as a regular Workmans Comp case. The law states in federal workers compensation claims it is illegal for attorneys to charge a contingent (percentage) fee (“you only pay if you win”). And worse, if you win your case, you cannot(unlike EEO cases) ask the government to pay your attorney fees. You and only you pay them. We found this out the hard way trying to find a lawyer to handle the case, esp. when they are asking $4000 and up for a retainer and we don't even have money coming in, imagine that.
Jessica has been diagnosed with a Level 3 Concussion and possible Brain Injury as well as onset Dementia as a direct cause of her injury sustained from the accident that took place at the Post Office while she was working. (These are in ALL the doctors reports so far to date we are talking 5 Top Doctors at Chapel Hill, Duke, Greensboro) yet USPS /OWCP are refusing to pay for anything, and refusing to return calls or look at her case which they are required to do so by law.
Health insurance does not cover workers comp injuries. But the health insurance company cannot finally decide if the claim is work-related–only OWCP can, and therefore health insurance should pay during periods that the claim/condition is denied even though their policy says they do not pay for workers compensation injuries. Until OWCP says it is a workers compensation injury, by law it is not. The law allows the health insurance to be reimbursed if a denied claim is later approved. Many front office people in doctors’ offices do not understand
this and will demand that you decide one way or the other. We have been telling them, “I think it is workers comp and am working on getting it approved. But under federal law, until I get a formal letter from the US Department of Labor approving it, then it is NOT workers comp. That is why I have health insurance. I will let you know when it gets approved.”
Concussions and other traumatic brain injuries (TBI) can be extremely disabling. The brain is still not well understood and treatment mostly consists of headache medications and rest. Surgery is a very last resort. That can mean extended periods of no work or limited work. Since the brain tissue is very soft it is extremely difficult to detect injury on standard scans like CT
scans or MRI's. Most workers compensation agencies and courts tend to rely heavily on “objective” evidence (evidence that can be seen or felt), which makes TBIs hard to prove and hard to manage. On top of the general hostility to workers compensation claims is the tendency to discount or disbelieve claims of ongoing mental or neurological problems from TBI. That unfortunately is the reality of the situation.
I've started this GoFundMe and gone out on a Limb and let you know our personal story because the honest facts of the matter are we need help.
In June of 2020, we had over $21,000.00 in our savings account, since then because of no income coming in from Jessica's work, and my hours with my job being cut from 33 a week down to about 2 a week, we are sitting at approximately $100 dollars in our account with $0 being in savings. Our credit has dropped from 700 down to the low 500s as we have had to stop paying certain bills in order to make sure she could get to a doctor appointment. We have LOST are insurance for Vision and Dental because we couldn't pay and this past week received a letter from the USPS stating we needed to decide if we wanted to keep our Medical Insurance or not. Since Jesses accident We have gone to every Doctors Appointment made and requested of us so far, no matter if it was 4 hours away, or 10 mins away, we have made ever co-pay even when we really didn't have to money to spare. I have taken days off of work that I really couldn't afford to and even picked up multiple other jobs to try to slow the hemorrhaging of money leaving the house.
Jessica doesn't qualify for unemployment because this is a workmens comp claim and she is still considered employed by USPS, I don't qualify for unemployment because i'm employed still even though my hours have been cut.
We don't have the money to hire a Lawyer, because we aren't getting anything from workmens comp, (the Irony) so we are Stuck in limbo. We have bills that haven't stopped coming in, and doctors appointments still coming up. Last time I added it up, Jessica is owed approximately $28,000.00 in back pay just from Workmans Comp. , We thought about pulling out her Thrift Savings Plan through the Post Office but unless she is let go from the Post Office we can't do that with out being SEVERLY PLENTLIZED.
The pictures I'm adding are of Jessica before the Accident, and I'll be adding a video on here of one of her BAD Days, she may be mad for me doing it but I don't know what else to do anymore! Jessica struggles day to day with walking, talking, remembering things, and doing certain things. Some days are better than others and some days are worse than I'm willing to share. But regardless I love her and her kids love her as well.
Honestly I'm just asking for help for us to Hire a Lawyer to take her case and get what is owed to her and help offset some of the bills flying in that insurance isn't covering and to give us a slight bit of breathing room. I would even payback everything to everyone when this is all over with, I'm just not in a spot right now to do anything really without help.
This is hard for me to ask, but I've struggled on now for 8 months with this fight and do not know any other option. Thank you for listening to me and our story.
Let me tell you a story, a story of the most amazing woman in the world. Her name is Jessica L. Dionne and she has been my wife for going on 17 years, my rock, my soul, my light, and my life. She is a mother, a wife. She was adventurous, She was kind, She was caring, She was Independent, She was a best friend, she was an ear to listen and a person of advice, she was a Rural Mail Carrier for 20 years for USPS.
I say she was because on June 1st, 2020 while casing her mail with USPS on a monday a rug leaning up against her mail case slide down and hit her in the head knocking her unconscious. When she came to she couldn't speak and didn't have control over one side of her body. She was taken to Craven Regional Hospital in New Bern, NC where she spent the next 5 days.
At the Hospital because of COVID-19 I wasn't aloud to enter and speak for her to let them know what had happened. I wasn't even aloud into the hospital after they admitted her to see what was going on. It wasn't till later and looking at reports that we saw they treated her under Stroke Protocols, which wasn't the case. During these 5 days they didn't do any treatment but monitor her, on the 5th day they released Jessica even though she still couldn't speak, and move part of her right side. When I spoke with Legal at the hospital they said that the Neurologist there at the hospital stated that they had spoke to me and gotten all information they needed from me (Or as they put it her husband) this wasn't the case as I never spoke to anyone, hence the reason i was contacting legal. Moving forward...
We filed paperwork with the USPS and Department of Labor for Federal Workmans comp, things at first we thought would be fine and continued on our way, we had 2 to 3 appointments a week in Greensboro, NC (3 and 1/2 hrs away) for treatment of Jessica and to try to work on rehabilitating her speech and movement. Then towards the end of the month, we get a letter in the mail from USPS and Labor Board stating they are denying her claim because get this, the ER doctor put the WRONG DATE on her paperwork!!!
I called and went through hoops to fix this mistake not made by us but by a doctor, and finally got the paperwork back to the Labor Board and USPS only now to find out that because of that we would have to file an Appeal. We filed an appeal but were told we would have to get more information from the other doctors she was being treated by and we now only had 20 days left to do this because we only had 30 days total and 10 had already elapsed. We couldn't get the report from the Doctors in Greensboro in that time frame because as the Doctor put it, he wasn't going to rush his report, because this was a very detailed thing that the labor board was requesting as well as USPS. We got it 2 days after the deadline.
I called the OWCP rep and Labor board and was told to submit the paperwork into them and they would allow an extension and go over the paperwork. I did such and waited, and waited, and waited. After 3 weeks of not hearing anything I called back in and asked what was going on. I was informed because it hadn't been turned in, in time that it was denied and that if we wanted it reviewed we would have to seek a written review request.
We applied for a written review request in September of 2020, and received a letter stating they received our request but due to Covid-19 it could take 3 to 5 months before getting to a case representative to review. Granted all this time Jessica is still not receiving any monies from workmens comp and can't go to work, can't apply for unemployment or anything. In October/November we received a response from the branch hearing department saying that they were sending our case back to OWCP and the District office and we would have to take things up with them. Since then we have not received a call back from the 40 plus phone calls and messages I have left with the office to get answers and move forward. They DON'T CARE.
So that brings us up to today, Since the accident Jessica has been seen by numerous doctors out of Greensboro, NC, Chapel Hill, Duke, and more. Had Neuropsych testing, cognitive testing, her eyes tested, CT Scans, MRIs, rehab for cognitive functions and so forth with many many more appointments still in the future.
We can't fight this on our own anymore and to make matters worse a Federal Workmans Comp case doesn't work the same as a regular Workmans Comp case. The law states in federal workers compensation claims it is illegal for attorneys to charge a contingent (percentage) fee (“you only pay if you win”). And worse, if you win your case, you cannot(unlike EEO cases) ask the government to pay your attorney fees. You and only you pay them. We found this out the hard way trying to find a lawyer to handle the case, esp. when they are asking $4000 and up for a retainer and we don't even have money coming in, imagine that.
Jessica has been diagnosed with a Level 3 Concussion and possible Brain Injury as well as onset Dementia as a direct cause of her injury sustained from the accident that took place at the Post Office while she was working. (These are in ALL the doctors reports so far to date we are talking 5 Top Doctors at Chapel Hill, Duke, Greensboro) yet USPS /OWCP are refusing to pay for anything, and refusing to return calls or look at her case which they are required to do so by law.
Health insurance does not cover workers comp injuries. But the health insurance company cannot finally decide if the claim is work-related–only OWCP can, and therefore health insurance should pay during periods that the claim/condition is denied even though their policy says they do not pay for workers compensation injuries. Until OWCP says it is a workers compensation injury, by law it is not. The law allows the health insurance to be reimbursed if a denied claim is later approved. Many front office people in doctors’ offices do not understand
this and will demand that you decide one way or the other. We have been telling them, “I think it is workers comp and am working on getting it approved. But under federal law, until I get a formal letter from the US Department of Labor approving it, then it is NOT workers comp. That is why I have health insurance. I will let you know when it gets approved.”
Concussions and other traumatic brain injuries (TBI) can be extremely disabling. The brain is still not well understood and treatment mostly consists of headache medications and rest. Surgery is a very last resort. That can mean extended periods of no work or limited work. Since the brain tissue is very soft it is extremely difficult to detect injury on standard scans like CT
scans or MRI's. Most workers compensation agencies and courts tend to rely heavily on “objective” evidence (evidence that can be seen or felt), which makes TBIs hard to prove and hard to manage. On top of the general hostility to workers compensation claims is the tendency to discount or disbelieve claims of ongoing mental or neurological problems from TBI. That unfortunately is the reality of the situation.
I've started this GoFundMe and gone out on a Limb and let you know our personal story because the honest facts of the matter are we need help.
In June of 2020, we had over $21,000.00 in our savings account, since then because of no income coming in from Jessica's work, and my hours with my job being cut from 33 a week down to about 2 a week, we are sitting at approximately $100 dollars in our account with $0 being in savings. Our credit has dropped from 700 down to the low 500s as we have had to stop paying certain bills in order to make sure she could get to a doctor appointment. We have LOST are insurance for Vision and Dental because we couldn't pay and this past week received a letter from the USPS stating we needed to decide if we wanted to keep our Medical Insurance or not. Since Jesses accident We have gone to every Doctors Appointment made and requested of us so far, no matter if it was 4 hours away, or 10 mins away, we have made ever co-pay even when we really didn't have to money to spare. I have taken days off of work that I really couldn't afford to and even picked up multiple other jobs to try to slow the hemorrhaging of money leaving the house.
Jessica doesn't qualify for unemployment because this is a workmens comp claim and she is still considered employed by USPS, I don't qualify for unemployment because i'm employed still even though my hours have been cut.
We don't have the money to hire a Lawyer, because we aren't getting anything from workmens comp, (the Irony) so we are Stuck in limbo. We have bills that haven't stopped coming in, and doctors appointments still coming up. Last time I added it up, Jessica is owed approximately $28,000.00 in back pay just from Workmans Comp. , We thought about pulling out her Thrift Savings Plan through the Post Office but unless she is let go from the Post Office we can't do that with out being SEVERLY PLENTLIZED.
The pictures I'm adding are of Jessica before the Accident, and I'll be adding a video on here of one of her BAD Days, she may be mad for me doing it but I don't know what else to do anymore! Jessica struggles day to day with walking, talking, remembering things, and doing certain things. Some days are better than others and some days are worse than I'm willing to share. But regardless I love her and her kids love her as well.
Honestly I'm just asking for help for us to Hire a Lawyer to take her case and get what is owed to her and help offset some of the bills flying in that insurance isn't covering and to give us a slight bit of breathing room. I would even payback everything to everyone when this is all over with, I'm just not in a spot right now to do anything really without help.
This is hard for me to ask, but I've struggled on now for 8 months with this fight and do not know any other option. Thank you for listening to me and our story.
Organizer
Eric Dionne
Organizer
Jacksonville, NC