136-09 59th Ave
Flushing, NY 11355
December 18, 2019
State of New York
Workers’ Compensation Board
PO BOX 5205
Binghamton, NY 13902-5205
Tel: (877) 632-4996
RE: The Pursuit of Truth
Part 1. The Truth of the Nov. 08, 2019 IME at Dr. Robert S April’s Office;
Part 2. My Repudiation to Dr. RSA Report of the Nov. 08, 2019 IME;
Part 3. My Response to Dr. RSA’s 2nd Review of Documents;
Part 4. Legal Brief for my Oct. 31, 2019 Appeal
WCB Case #: G2029240
Stated Carrier: Indemnity Ins. Of N. America (PO Box 5122 Scranton, PA 18505-0554)
Carrier ID: W112502
Carrier Case #: 18D48F512440
Date of Injury at Workplace: January 16, 2018, Tue, around 11:05 AM
Employer: Direct: B.Q. Wide Auto Body Parts Supply, Inc (109-35 178th St., Jamaica, NY 11433); abbr. B.Q. Wide
Headquarters: KSI Trading Corporation
Professional Employment Organization: TriNet/SOI
Third Party Administrator (TPA): Cannon Cochran Management Services, Inc. (PO Box 1127, Neptune, NJ 07754); abbr, CCMSI.
My Former WC Attorney’s Law Firm: Bangel, Cohen & Falconetti, LLP (91-31 Queens Blvd, Suite 400, Elmhurst, NY 11373); abbr, BCF
IME Vendor used by Employer/TPA: Brookside Consultants, Inc. (120 Madison St., Suite 100, Chittenango, NY 13037); abbr, BCI.
Some Treating Clinics/Physicians:
New York City Medical & Neurological Offices, PC (91-31 Queens Blvd, Suite 601, Elmhurst, NY 11373); abbr. NYCMNO; Dr. Mehrdad Golzad
New York Medical & Diagnostic Center (80-46 Kew Gardens Rd, Kew Gardens, NY 11415); abbr. NYMDC; Dr. Martin Gillman, Dr. Jacob Sadigh; Dr. Benjamin Uh; Dr. Yazan Rajai Jabaji; Dr. Mitchell Kaphan; Dr. Naik Appasaheb; PT Aji Thariyan; A Jew Technician; A Blackman Technician
IME: Rescheduled from Nov. 14, 2019, 10:30 AM to Nov. 08, 2019, 12:30 PM, at 120 E. 86th St., 2nd Floor, New York, NY 10028 (the clinic of Park Avenue Medical Professionals); abbr, PAMP, with Dr. Robert S. April; abbr, Dr. RSA, or RSA.
IME staff: a young, plus-sized, black woman front-desk who one of her female colleagues called Joanna (her real name is not certain though).
Interpreter: a Chinese-looking mid-aged lady, imposed by BCI or other party, not by me. I didn’t need interpretation service at IME.
Kathy: the person on my calls to Brookside Consultants, Inc.
Me: the injured worker/claimant, a mid-aged man
My daughter: a younger teenage, going with me for my IME
SOWL: a Short Old White Lady, of PAMP, with white long medical coat
WPV: a woman polite voice, who called the IME staff as Joanna
Attacking physician: Dr. Charles S. Saha, of PAMP, an Indian-looking male, who I identified online later
Policemen: one short officer (coined name Shoff), the other tall officer (coined as Toff)
EMS: two males and one female
RSA Questionnaire: three-page, first two pages with texted questions, last page with only A- and P-view diagrams of whole body. The whole Q is titled as “Claimant Intake Form” and headed as
Robert S. April, MD, P.C
120 E 86th Street
New York, NY 10028
Two printout packs: each pack has six pages. One is my Aug. 07, 2019 version statement of my routine workload, the fall at work, the aftermath, and the recent symptoms; the other is the three previous files from Brookside Consultants Inc. to the NYS WCB eCase folder, which include NECK as one of the established injury sites. Somehow, since the record review and IME by Dr. Robert S. April later this year of 2019, BCI simply deleted NECK from the established injury sites. These BCI files have never been directly given to me the injured worker/claimant by any other party, and these BCI files are all disguised as Medical Narrative from one treating doctor, Dr. Mehrdad Golzad. IME Dr. RSA accepted these two printouts at my third presentation to him during the Nov. 08, 2019 IME.
Three CDs: of diagnostic imaging data since DOI, including MRI’s and X-ray
Feb. 15, 2018 MRI w/o contrast on Head, from Alpha 3T MRI & Diagnostic Imaging, 145 East 32nd St., New York, NY 10016 (Referral direct to Alpha 3T by Dr. Mehrdad Golzad);
Mar. 24, 2018 MRI w/o contrast on left shoulder and left elbow (Referral on Neighborhood form by Dr. Benjamin Uh, who NEVER requested a cervical spine MRI, although the Feb. 16, 2018 medical report of his first seeing me stated the opposite way), Apr. 02, 2018 MRI w/o contrast on left hand, Apr. 12, 2018 MRI w/o contrast on cervical spine (these two MRIs were requested by me to Dr. Yazan Rajai Jabaji, then both Dr. Jabaji and Dr. Jacob Sadigh made this referral on a Neighborhood form), from Neighborhood Radiology Services, PC, 92-37 Metropolitan Ave, Forest Hills, NY 11375. Neighborhood made many excuses to first deny and then delay the MRI service, particularly on cervical spine;
Aug. 15, 2019 MRI w/o contrast on cervical spine, Oct. 01, 2019 MRI w/o contrast on lumbar spine, Oct. 03, 2019 MRI w/o contrast on thoracic spine (referral by Dr. John M. Caridi), from Main Street Radiology, 136-25 37th Ave, Flushing, NY 11354;
Feb. 15, 2018 X-ray on cervical spine (lateral and AP), left shoulder (neutral AP, and abduct AP), left wrist (hand as a fist, lateral and PA), by Dr. Martin Brett Gillman, Mar. 08, 2018 X-ray on cervical spine (lateral of flexion, neutral, and extension, AP, AND open-mouth) by a black technician, both at New York Medical & Diagnostic Center, 80-46 Kew Gardens Rd, Kew Gardens, NY 11415. NYMDC has been denying my access to and even the existence of the open-mouth view which had two takes. NYS DOH Office of Professional Medical Conduct recently started to handle this complaint.
After being factually threatened, insulted, and assaulted during the so-called Independent Medical Examination (IME) by Dr. Robert S. April and his colleagues at Park Avenue Medical Professionals (120 E. 86 St., New York, NY 10028) on Nov. 08, 2019, Fri., I received, on Nov. 16, 2019, Sat., a regular mail from Brookside Consultants, Inc., the IME vendor of all the IMEs requested by employer B.Q. Wide Auto Body Parts Supply, Inc. and/or TPA Cannon Cochran Management Services, Inc. The mail has a separate sheet to carry only the mail-to info, and a stapled pack of total twelve sheets (a filled & signed IME-4 5-18 by Robert April on Nov. 12, 2019 along with his seven-page narrative, then a sheet of BCI’s distribution list of this RSA report, and then a copy of the three-page RSA questionnaire I filled and signed at the beginning of the Nov. 08, 2019 visit. Although I had experienced Dr. RSA’s previous laundry report of medical-record-only review, I’m still so flabbergasted and personally insulted to read through this Dr. Robert S. April’s intentionally manipulated expletive IME report.
Based on my records, recall, and interpretation, I’m hereby to reveal a truthful whole account of what really happened during the Nov. 08, 2019 IME visit, and to expose some conspired actions of my opponent parties in this case of premeditated and coordinated murder attempt to my life.
Part 1. The Truth of the Nov. 08, 2019 IME at Dr. Robert S. April’s Office
The IME Schedule and Re-Schedule
On Oct 22 & 23, 2019, I called Brookside Consultants, Inc., thrice at (866) 455-3926 about their originally scheduled Nov. 14, 2019, 10:30 a.m. IME appointment with Dr. RSA. The IME appointment notice’s instructions state, “Please bring all X-rays, MRIs, medical reports, etc. with you to the examination.” and “If you do not speak English, please bring an interpreter.” I told BCI, a lady naming herself Kathy on the phone, that it’s an IME requested by my opponent parties, and the opponent parties have access to the medical reports and imaging data, so it’s on their duty and at their likes to selectively provide or not the IME doctor the “record”. And I suggested that the IME requestors request the diagnostic images directly from clinics or facilities for Dr. RSA’s early review. And I told that I would bring CDs of diagnostic imaging and some printouts to the IME, and I would record the IME. Kathy and I were talking in English. Kathy said an interpreter would be provided to me, and I clearly rejected such “offer” of interpretation service on an IME.
On Oct. 28th, 2019, Mon., I called (866)455-3926 and talked to Kathy for a re-schedule of the IME, and Kathy offered a Nov. 08, 2019, Fri., 12:30 PM appointment, which was later finalized by another Notice (Doc ID????), whose cover letter includes, “bring the following with you for your scheduled examination: PHOTO IDENTIFICATION, All diagnostic films including x-rays, CT scans, Myelograms, and or MRI’s to this appointment for review by the physician. Actual films must be reviewed, as reports will not be acceptable. You can access these films by contacting the facilities where they were performed and you may request that they be mailed directly to the physician’s office or you also bring them with you at the time of your appointment.” It’s so absurd that the IME requestors load the preparation burden on me while they request the IME and have access to all these original imaging data known to them. Moreover, my opponent parties had already conspired to later ridiculously blame me for RSA’s excluding any of his “evaluation” on these diagnostic imaging data. The Nov. 08, 2019, 12:30 p.m. IME appointment was restated by a BCI postcard I received on Nov. 02, 2019.
At the Clinic, Before Entering RSA’s Exam Room
Simple facts such as time can be easily verified by electronic devices. My child and I were allowed in through two locked doors at the ground level and arrived at the second-floor clinic’s front desk at ~12:25 p.m., i.e., about five minutes ahead of the 12:30 p.m. appointment. The interpreter (a Chinese-looking mid-aged lady) came from inside the clinic to introduce herself to me, in front of the front desk. A flock of female personnel then came out from inside to the front desk and started to gossip. I clearly told the interpreter and the front desk young plus-sized black woman that I didn’t ask for and I don’t need an interpreter for this event. Since later a polite woman voice (PWV) from this clinic multiple-times called clear and loud this black woman as Joanna, so I would refer this front-desk person as Joanna in the file. I provided my NYS driver license to Joanna as she requested photo ID immediately after I entered PAMP. Joanna typed my DL information on her computer and scanned the DL too. I was answered by Joanna to not sign in on the appointment check-in strip. Also, I confirmed the interpreter’s inquiry that it’s my daughter who came together with me. After about three minutes at the front desk, I got from Joanna a clipboard with a three-page questionnaire on. The questionnaire is titled as “Claimant Intake Form” and referred to as such in RSA’s report, but I would prefer to call it Questionnaire.
Then I spent about forty minutes seriously filling in the Questionnaire on the waiting area’s couch. My child sat next to me, and further distantly away the interpreter, on the same row. During these forty minutes, I noticed only another person was staying briefly in the spacious waiting area, and a female was conversating and laughing loudly in the clinic for quite a while (nobody made any fuss about that), and Dr. Robert S. April came out TWICE to talk to me. The first time, he came in front of me and looked amicably along the row at my child and the interpreter woman, and asked me who’s the patient to see him. I matched his face with his online images, and answered “me”. RSA then asked me a stupid and irritating question in a seemingly innocent way, whether my younger-teenage daughter is my wife. I’m a mid-40s looking a lot older than before the injuries. The interpreter woman looks in her 40s or 50s. My daughter looks as a typical younger teenage with youth acne on face. RSA, M.D., looks to be in his 80s. I answered in an annoyed tone, “She is my CHILD.” When I told him that I would turn the recording on for the talk, RSA backed off, saying that the exam hasn’t started yet. By around One:Ten p.m., RSA came out to me at the same spot again, telling me to start the IME now. Since I was about to finish the 1st-round on the Questionnaire, I then rushed to finish it and turned it to Joanna.
But Dr. Robert S. April quickly changed face at the door of his exam room, claiming that my teenage child isn’t allowed in to witness and record the IME. Instead, RSA wanted the interpreter in. Here is the transcript:
I: …Start the exam now?
RSA: Yes, I’d like some exam…I haven’t examined you.
I: Uhm, at where?
RSA: Right here.
I: Ok, then I go in.
RSA: Ok, who is coming in with you?
I: Uhm uhm, my child.
I: Because I, uhm, need a company. Uha,a, later on this will pro, most likely will go for a trial. If not going for a trial, there will go for media publication.
RSA interrupts: Uh, I didn’t ask for that. I would like to examine you alone. I don’t see any need to have anybody else.
I: No, it’s my right. It’s my right to have a company.
RSA: No, you don’t. It’s not yours.
RSA: This is my office, my friend.
I: No, this is IME.
RSA interrupts: Then leave.
I: but the…
RSA rapidly repeats: Leave, Leave.
I: but the, but the IME
RSA continues: Leave, then Leave.
RSA: I am not, I am not in a fight with you. I’m going to leave it now.
I: Why, why, why you kept…
RSA interrupts: Because I don’t want anybody in the room except you, and the interpreter.
I: No, no, because…
RSA interrupts: Because what?
I: Because, because, because the law says, it says the IME…
RSA interrupts: You sit down and have your mouth closed. This is an office, and you’re disrupting. Please sit down.
I: Because I don’t want an interpreter.
I didn’t follow his dictator-style COMMANDS to leave or sit down or have my mouth closed. At this moment, Dr. Robert S. April ferociously SLAMMED his office shut from inside.
I said to the interpreter: I don’t need an interpreter.
The interpreter still followed me, and during this time, Joanna went to me and gave me a photocopy of my filled & signed Questionnaire. The episode of drama happened less than two minutes, at around One:Ten p.m. And this is only a beginning of a series of subsequent nasty events.
Dr. Robert S. April is a professional IME physician working on insurances’ side for years and is hired by IME vendor Brookside Consultants, Inc. However, he acted as if he didn’t understand the IME rules or had never experienced an IME of a patient with his/her company aside. Joanna and other personnel in PAMP all acted as if they didn’t know I have that right, but none of them would contact BCI about this. Instead, once again, several women flocked from inside to the front desk area and then loudly gossiped about me. Joanna acted as if she hadn’t heard any of the several occasions that I told them the person coming together with me is my daughter/child, or as if she had never browsed my filled-in Questionnaire I had turned in to her. The upper-right area of the 1st-page on the Questionnaire prints, “Who came with you today?” I wrote, “my child (dependent legally)”. Does RSA’s Questionnaire, particularly this question, betray their vicious lies about my right of being accompanied? One gossiper asked Joanna, and then Joanna talked loudly, “He wants his wife or whoever that is…” I raised my voice to correct her immediately, “NO, it’s my CHILD.” Moment afterwards, Joanna continued her loud talk like a rapper to other gossipers, “Who is that, who is that, no, he is a legal whore.” The disaster of my family, more specifically of my wife, is known to many, including to governments. There are always some “human s” intentionally in an open or veiled way to hurt others on the most painful spots. This had been a long “norm” to me at my employment B.Q. Wide.
During this round of noisy talk from ~One:Ten to ~One:Twenty-four p.m. in the front desk area, although I was evidently talking in English to them, Joanna and other talked together to force the interpreter in and my child out of the IME “still-available by Dr. RSA”. Joanna wanted me to call Brookside to get BCI’s opinion about the requirement of an interpreter. A short old white lady (SOWL) came out from inside and persuaded only me to lower down the voice, and instructed me to call whoever sent me here, and told that Dr. RSA rents there.
At a later point of this round, RSA came to the front desk area, saying to me and my child, “You have to leave”, “I’m leaving here. Goodbye. Goodbye”, “No, it’s not open for you. You can leave. Thank you. They don’t ant the exam. Thank you.”
After RSA claimed such, I at One:Twenty p.m. called the IME vendor Brookside Consultants, Inc. at (866) 455-3926, and told the receiver Kathy that my family member was not allowed in the IME, and Dr. Robert S. April said no IME. Kathy told me to hold on the phone for her to find out. I hung up the less than two minutes call. Later the day, I found two missed phone calls (at One:Twenty-Three and One:Thirty p.m.) from (315) 451-7722. Online search confirms that it’s BCI’s work phone #, but the two voice messages left were completely blank.
A minute or two after my 1st phone call, Joanna again told me that Dr. RSA was going to examine me, and so led me and my child to the door of RSA’s space. The interpreter followed again. A moment later, Joanna came out to RSA’s office to tell us to go in. I then directly asked the interpreter’s identity.
I: Can I know the identity of the, uh, interpreter?
Joanna: I, identity, I don’t, I don’t know.
I: Who sent the uhuhuhuh interpreter?
Interpreter: Uh, legal interpreter service.
The same SOWL lady now came out of the office next to RSA’s and jumped in to answer, “We don’t have nothing with the interpreter. It’s your legal firm.” It’s so odd, because I had BCF as my WC case attorney, but for long I have been without an attorney or representative. The interpreter murmured to Joanna, and
Joanna: Ok, so it’s a legal language interpreter. They are in contracted with Brookside.
I: I don’t trust Brookside at all, so…
Joanna: But they…
SOWL interrupts: But we have, we know nothing. We know nothing about. We don’t deal with the interpreter.
I: OK, so…
SOWL interrupts: Make sure, just make sure these attorneys aware of that, Joanna…
RSA came out of his inner office to his exam room’s door to interrupt: If you don’t want him in here, he’ll leave.
I [confused whom RSA means “him” or “he”]: The…
SOWL interrupts: No, he is coming here.
[The interpreter is apparently a “she” or “her”. It’s confusing whom SOWL means “he”.]
RSA: Ok, it’s up to you. I don’t want any disruption.
[Isn’t it so absurd? RSA himself started the series of disruption by denying my right of being accompanied by an individual of my choice during the IME. As later in his IME report, he put all the blames on me, on my “personality”.]
SOWL: But I just don’t want any loud voice on cell phone.
[Now, SOWL also picked on me of “loud voice” on “cell phone”. She was the one telling me to call whoever sent me here. I made only one short phone call, exactly total duration of one minute and thirty-nine seconds, to BCI, at a volume not exceeding SOWL’s, as I judge. SOWL was seen simply sitting in front of a desk, and I didn’t ask her to come to join the talk. Later, many more things happened, and I believe the whole drama had been orchestrated by them, and they judge everything and blame everything on me. So ridiculous.]
I: I don’t want a loud, loud…
RSA interrupts: Keep your voice down, please.
I: But I need, I talk pretty much this way, and so I want …
[My hearing, evaluated by myself, has been impaired too due to the Jan. 16, 2018 fall. But no treating or IME physician would ever consider the impairment. Like in this IME, they instead take my “loud” talk as probably signs of non-civilization! Sarcastic enough?]
RSA interrupts: Why don’t you just stop talking. You come in here.
I: Ok. So I don’t need an interpreter.
SOWL: It’s, it’s. Whatever you want.
I: Yeah. I don’t feel comfortable. [Because this was the only time a real-person interpreter was provided on this near two-year-old WC case, not due to my request, but IMPOSED by opponent parties. When I asked for interpreter service at WC hearings, none was provided. Once a tele-interpreter was provided, but WCLJ restricted me to talk in my native language only, and I stuttered in my native language too, and the tele-interpretation was awfully poor.]
In Dr. Robert S. April’s Exam Room
Then, only my daughter and I went in the exam room. The interpreter didn’t follow in. The time was ~One:Twenty-Four p.m. By my record, my daughter and I exited his exam room at ~One:Forty-Six p.m. These whole twenty-two minutes include my ditched attempt to put up a camera on a tripod, my undressing, the talks, the ~five-minute IME, my thrice and twice presenting directly to RSA the two printout packs and the three image CDs respectively, and my re-dressing. On many issues, the reality is in diagonal contrast to what is stated in Dr. Robert S. April’s IME report.
The First Three and a Half Minutes (~1:24 - ~1:28 p.m.)
I tried to mount my simple camera on my simple tripod, but the exam room is very tiny and stuffed. My child said she could video-tape just with the camera itself, so I packed the tripod back. Dr. RSA was sitting and working on his desktop in his inner office. During this time, a phone rang in his office and a female voice came on the speaker, and then RSA was talking on the phone briefly.
The Demanded Undressing to Only Underwear and Putting on a Robe (~1:28 - ~1:35 p.m.)
I took my coat and jacket off already, and talked to Dr. RSA for the starting of IME. After moment of neglecting me, RSA came out of his inner office to his exam room. RSA wanted me to undress until only underwear and to put on a robe he handed over. He then backed into office.
RSA: Put on this. Take off your outer clothes.
I: You have, you have a slippers?
I: You have a slippers?
RSA: No, no.
I: Then I need to put on my shoes.
RSA: Then keep on your shoes.
Then I untied my shoelaces, took off my shoes halfway, and leaned to take my outer pants off. Then I shoved my feet back into shoes. During this process, my hips somehow cramped with sharp ache, which last minutes at least before becoming unnoticeable. After with only inner loose long-sleeved layer on, I talked to RSA again.
I: And I need to keep my, la, keep my, keep my, la, inside clothes on.
RSA: What’s that?
I: I need to keep my inside clothes on.
RSA: I don’t understand you.
I: I need to keep my inner layers on.
My younger-teenage daughter who speaks native English: He likes to keep his shirt on.
RSA: I don’t understand the word you say.
My daughter: He would like to keep his shirt on.
I [having experienced this kind of pretenders very often at particular occasions]: So, I don’t know, understand your word you saying.
RSA: Then get me the interpreter, I will continue.
RSA: Then leave.
RSA: Then leave.
I: No, you’re just pretending…
RSA interrupts: Leave, leave. No, I’m not going to examine you.
I: Oh, okey, you’re just pretending.
RSA: You do it my way, or leave. Good bye.
I: I’ll just do, I’ll just …
RSA interrupts, and demands: I’m not going to fight you on every single step. This is my office, and you’re my guest. This is what you’re going to need. Put on. [he touched the wrapped robe.]
I: I don’t come here because I want to come here. I come here, it’s because of the injury.
Then, Dr. RSA backed into his inner office. Around this time, a phone rang again, Dr. RSA then talked on the phone for about half a minute. He mentioned about “taking clothes off” and ended his phone with “Ok, Ok”. It’s about One:Thirty p.m.
RSA: Thank you. It’s off. We’re not doing this.
I [surprised]: Uhm?
RSA [firm and loud]: No. Sorry.
I: He said this? [I misspoke. I meant “she”, Kathy at BCI.]
RSA: They don’t want me to continue. [RSA never answered me who are “they”, as he multiple times talked “they”.]
I: Are you sure?
I: They will later probably will lie, about saying that it’s I didn’t attend the IME. Are you sure? You don’t want to come…
[My opponents, from the employer, TPA, their law firm, and some people working at NYS Workers’ Compensation Board, fabricated blatant lies as record or on decision that many of their IMEs I didn’t attend. The fact is I attended all their IMEs with all their appointed IME doctors. For the twice IMEs with Dr. William B. Head, Jr., it’s THEIR faults or decisions, so I had no IME report on the first visit to Dr. WBH office, and the IME was cancelled after I arrived on the second visit.]
RSA interrupts: What did you say? …
I continue: You don’t want to come to the challenge to, do, for the IME they want to set up?
Dr. RSA heard this, and started to exit his inner office. When passing by me, RSA talked.
RSA: Excuse me, please. If you put that on, I will exam you.
I: I’ll, I’ll…
My child: So put it on now, put it on, Dad.
I: It’s because of my personal religion. I just want to put my inner clothes on.
RSA: I don’t understand what you’re saying.
I: I don’t understand what you say.
Dr. RSA’s IME report quoted this sentence. RSA lied first on this, and I used the same sentence to poke at his lie. My child urged me to follow what the doctor demanded on the undressing and dressing.
RSA to my child: Tell him. Whatever language he understand. Put on…
I became agitated. Although as stated in his IME report the opposite about the causer of problems, Dr. Robert S. April is the demander and commander in this IME. I have the right to be accompanied by a family member, but old RSA denied my right multiple rounds. There is no need of an interpreter imposed by my opponents during the IME, but RSA kept imposing the interpreter. Later, RSA’s exam on me indicated no need at all for me to take off my inner loose layer off, RSA demanded the undressing level. My daughter was in the room too, and I needed to figure out how to show as little nudity as possible. My child was persuading me not to argue with RSA. I then threw the plastic-wrapped and folded robe back to the pile of unused robes.
RSA heard and saw, then said: Leave, please leave.
I: I want my, uh, uh, I want to keep my, uh uh… [forgot words]
RSA: I don’t want you to. I want to exam your body. That’s what you are here for.
I: I, yeah, you can, you can examine my body.
RSA: Please leave.
I: What, you can examine my body. I don’t want that kind of things put on me. [I meant changing to robe.]
RSA interrupts: …shut. Leave. Leave. You’re finished.
I: No, no, no, no, no.
RSA: I’m leaving in a few minutes. You can stay here. We’ll call police, OK?
I: You call the police.
This was the first time Dr. Robert S. April openly said to me he would call police on me, while RSA exited the exam room to the pathway. It’s ~One:Thirty-One p.m. Later, when police was called in by me, the tall policeman kept saying “Dr. RSA has a lot of other patients to see” to avoid multiple points. Seconds after RSA’s exit, the interpreter, not uniformed police, was about to come into the exam room. I was yielding to undress further and to put on the robe, and I said to the mid-aged interpreter lady.
I: No, you don’t want, I don’t want you in. I don’t want you in, sorry.
Interpreter [softly, in English]: so stay outside?
I: Yeah. I don’t want.
RSA shows up at the door to interrupt with angry and loud voice: Isn’t this clear? I don’t want YOU here. Clear?
RSA stresses word by word: I DON’T WANT YOU HERE.
I to Interpreter: I don’t want you in. I don’t want here…
RSA interrupts while entering his office: Please leave, because I’m leaving. Nothing is going to happen here.
I: Nothing is going to happen?
My child urged me to change to the robe. In the next two minutes or so, with my child not looking at me, I did what RSA demanded about the clothing. Then I talked to Dr. RSA who was sitting and working on his computer desk. The time was ~One:Thirty-Five p.m.
The ~Five-Minutes Independent Medical Examination (~1:36 - ~1:41 p.m.)
I had my underwear, socks and shoes on the normal way, and the role was pulled front on. After moment of ignoring me, Dr. RSA responded. I then asked him for the 1st time where I could give the image CDs to him. RSA didn’t answer on that, instead, he interrupted to ask me, “May I seek you walk?” I then shuffled a little to let him pass by. He didn’t tell me to tip-toe or heel-walk. The following ~five-minutes Independent Medical Examination (IME) was rushed quickly through by Dr. Robert S. April.
RSA then grabbed a ~1 ft long reflex hammer (one end a disc, the other end tapered to a point without a cap) and wanted to move my clothes and backpack away from a rolling stool, and I did the move-away. Then RSA told me to bow, so I did the spine flexion gently and slowly toward the door frame. RSA wanted things fast, so he grabbed my shoulders to pull me back upright and then forced the passive spine rotation left and right once, lateral bending left and right once, and slightly but quickly moved his hand over my upper back once. Then he told me to sit on the cabinet exam table.
Since I laid the two printout packs and some personal items on the exam table, I presented the printouts the 1st time to Dr. RSA. The two printouts are about my workload, the fall, the aftermath, recent symptoms, and BCI’s three previous documents of the established injury sites which all include Neck. RSA took over and briefly browsed the first page of each printout, and said he had them already and had reviewed “the whole chart”, and then put the two printout packs aside.
After I sat down on the exam table, RSA, still on the rolling stool, used the reflex hammer to slightly tap my left knee-cap, and quickly moved to slightly tap my right knee tendon. My left and right legs showed no and very little reflex, respectively. I questioned RSA about his deep tendon reflex procedure. RSA didn’t respond on that, but quickly tape-measured around my lower legs each once. Then RSA told me to hold my arms up in a “surrender” posture. I did it half-way up. RSA then pulled my arms upwards, and I complained the extra pain on my back and elbows as he asked where. Then, RSA quickly rolled up the robe’s sleeves to my shoulders, and circled around my left UPPER arm twice. I saw clearly that the soft tape was diagonally dangling around left upper arm. RSA then swiftly moved to tape around my right UPPER arm once. I was still questioning RSA about the knee reflex procedure, and he pretty much hum-hummed to himself on this.
Then RSA told me to look at his right index finger which moved to his right thrice, and to his left twice, and upwards twice or thrice, and I raised my eyelids. During this eyeball movement test, RSA slurred something, and then clearly claimed that I was not cooperating. I told him THAT’S THE LEVEL I COULD DO, and opined that he’s not really examining.
RSA then slightly tapped the reflex hammer on my elbows’ interior bending and on my forearms’ wrist-end thumb-side, each once. For the left elbow only, he knocked the hammer over his thumb above my elbow. I didn’t see much movement other than of the big and painful jolt when the tap was on near my right wrist area.
RSA’s hands then held my head’s frontal and temporal areas, gently bending my head forward modestly, and then gently extended back to normal position, and then gently rotated my head to my left. I complained head and neck pain during his maneuver, so he took his hands off and used his index finger to direct me to rotate my head to my right once.
Immediately after this, RSA pulled the mercury column over for blood pressure measurement. Here is the transcript of that episode.
RSA: Do you have any medical disease?
RSA repeats, in a second: Do you have any medical illness?
I: I don’t know what you mean “medical disease” thing. I just got the injury.
RSA interrupts before I finish: I don’t understand you, sorry.
I: I don’t, I don’t, I don’t…
RSA interrupts: That’s why we need an interpreter.
When he asked about “disease” and once again claimed “I don’t understand you”, I presented him the 2nd time the two printout packs for him to later read and understand. He put the printouts back to the stand. Around this time, RSA was wrapping and pumping the cuff around my left upper arm twice, but twice the cuff’s Velcro snapped open. During these failed BP measurements, RSA asked me.
RSA: You have high blood pressure?
I [cool]: I think some doctors claim that way.
RSA: I see.
I: They are all, uh, doing together.
The third time, RSA wrapped the cuff very loosely around my upper left arm, held it in position by his left hand, and then the air-pumping didn’t snap the Velcro open. RSA didn’t use the stethoscope at all for BP measurement. The chest-piece was nowhere on my body, and the eartips were still hanging at the back of his neck, not in his ears. RSA only held my left wrist by his left hand, and when the mercury column dropped rather quickly to probably around 140-120 mmHg, he let the air gush out and the mercury column plummet to zero.
Then RSA quickly moved to put the stethoscope’s chest-piece momentarily over three spots around collarbones/neck area (front middle and two sides), with the eartips now in his ears.
After the stethoscope moves, RSA asked me in a strong doubting tone, “Where do you have pain?” I answered, “I have pain all over.” RSA then told me to lie down on the exam table, and I continued, “When I just, uh uh uh uh, undress, my hip even hurt.”
After I lied down on my back, RSA used his arms to raise my legs straight one by one, each once. RSA then asked, “You have any trouble feeling in your leg?” I answered, “Yeah, on the on the on the soles.” RSA interrupted and said, “I can’t look to your soles, because you have shoes on.”
Because I have been further harmed during the diagnosis and treatment at the two medical practices (New York Medical & Diagnostic Center; New York City Medical & Neurological Offices, PC) referred and transferred to by my former WC attorney’s law firm Bangel, Cohen & Falconetti, LLP, and some of these harms are as intentional, malicious, and potential fatal, as the Jan. 16, 2018 fall I sustained at my workplace, I want to be as vigilant as possible against any further harm veiled as diagnosis and/or treatment. Based on his previous laundry of record review and the personal interaction so far, I was so worried that Dr. RSA might do some harm out of my view. I raised my body a little and found RSA was holding the needle of an open safety-pin. I said, “You, you be careful, OK? I don’t want any kind of needle thing.” RSA then turned to the rolling camera, showing the pin, and normally said, “…You don’t want that. Ok, ok, all right.” I rested back. Then camera caught that RSA quickly knocked a thick tuning-fork on and touched its handle on my right shin’s ankle-end. I immediately complained of the severe pain. RSA then said, “I am putting a vibrating fork on your leg.” Then the camera caught that RSA briefly dampened the tuning-fork with his left-hand once or twice, and tested the same way on my left shin counterpart. I answered his general question of “Would you feel that?” with “Yeah”.
Then, RSA told me to sit up. Just as when I lied down, I used my arms to help in the sitting-up. Apparently, RSA ignored that difficulty, as well as the immediate continuous gasping when I just lied down on my back. I didn’t expect him to feel the respiration pain, though. RSA now made his announcement, “Thank you very very much. I’m really all done.” I questioned, “So, that’s the, what, that’s called complete neurological exam?” RSA responded with the polite words once again, “Thank you very much.” By my record, this was ~One:Forty-One p.m.
Presenting the Two Printouts and Three CDs to Dr. RSA
After Dr. Robert S. April finished his five or six-minutes IME on me, he went back to his computer in inner office. I, for the 3rd time, presented Dr. RSA the two printout packs. RSA this time accepted them.
RSA: Thanks. You like (me) to take that?
RSA: That’s for me?
I: Yeah, yeah. That, that’s. I’m I’m asking, why they simply just change the, uh.
RSA: Sim. I’m sorry, what?
I: Why they simply take the NECK off the …
RSA continues his: Why, why what?
I: that, why they simply take the NECK..
RSA interrupts: Simply, why they simply?
I scorn: Hmh, you’re just pretending. OK.
My daughter was asking me to tell her, so she would then tell Dr. RSA. I was trying to ask Dr. Robert S. April why the IME vendor Brookside Consultants, Inc., simply DELETED the NECK from the list of Established Injury Sites shown on their previous three files in year 2018. Later in 2019, BCI’s two similar files took NECK off, and added “post-concussion syndrome”, a disease, in the list of Established Injury Sites, body sites. All five files were never sent to me directly from any other parties, and all five files are disguised as narrative reports from one of my treating doctors, Dr. Mehrdad Golzad. Since RSA acted to avoid this topic, I continued to directly talk to RSA about the other printout pack.
I: I hope on the on the trial, they would, other people…Other people would. So, I just give you the my kind of, what, description of the injury and …
RSA stood and bent to read the top page of my statement about the fall and recent symptoms, and used a pen or pencil to mark on that page, and said to me.
RSA: That’s your description?
I: Yeah, and, and, and the, and the…
RSA interrupts: Oh, thank you.
I: And the, the symptoms, and then about the old file…
RSA still looked at the SAME top page, and said: You wrote this?
I: I wrote that.
RSA: Ok, thank you.
Then, for the 2nd time, I brought up to RSA about giving him the diagnostic images. There are total three CDs. The more detailed description of the CDs’ content is at the beginning of this file. Briefly here, they carry the once MRI on head, twice MRIs on cervical spine, once MRI on left-shoulder, left-elbow, left-hand, lumbar spine, thoracic spine, and two sets of X-rays on cervical spine, left-shoulder, and left-wrist. These diagnostic imaging data spread sporadically across almost two years, referred by different doctors/clinics, done at different clinic/radiology services. The datasets have various problems on their own. Some important MRI images, such as the ones on head and cervical spine, are not high-resolute enough, although the MRIs were done on 3.0 Tesla machine. The facilities’ explanation is always the patient moved during the MRI. The reality is I did NOT move during such important MRI scans. Some referral note for MRIs was brushed aside by some many parties, including the government agency NYS WCB, for months. As I learned and found out by myself, some data were incomplete, such as the open-mouth X-ray view for the C0-C2, due to my opponents’ deliberate vicious actions. The referral notes and radiologists’ reports are directed to body parts or etiologies predisposed for a washing-down or washing-clean for the perpetrators or insurances. The problems of diagnostic imaging itself, from the point of a referral doctor, doctor’s referral, prior authorization or not, scan, to radiologist’s report, can be expanded into a book’s volume to tell the DARK world. The DARK system wants to fool and torture victim humans as foolish animals. Anyway, whatever available imaging data can tell something, so the physicians can not shamelessly tell flat-out lies in front of the people who know something. For the same reason, the deniers would always seek to mess with or avoid diagnostic images.
I: Here, I give you the disks.
RSA: Oh, thank you, again. Those’re for me?
I: Uh, no, you have to, uh, to transfer…
RSA interrupts: I am not going to look at them now.
I: Uh, you just unload to your file…
RSA interrupts, and stresses word by word: I AM NOT GOING TO LOOK AT THEM NOW.
RSA interrupts: If you want to leave them for me, we will send back to you.
I: I don’t want to leave.
On April 04, 2019, I left a CD with the two sets of X-ray images scanned at New York Medical & Diagnostic Center, to Dr. Albert S. Steinberger at Metropolitan Neurosurgery, because Dr. ASS claimed that the CDs I brought in for the Apr. 03, 2019 visit did not have any X-ray data. The X-ray data was absolutely there. It took so many rounds of phone calls and humiliating back-visits to just get that CD back. I do not want to repeat getting such emotional trauma from such physicians again. The data copying from CDs can be done in minutes, if Dr. RSA really wants the data. The diagnostic images can be obtained by the IME requestors directly from the sources, if the IME requestors really want to honor the data.
RSA interrupts: Then goodbye.
RSA: Goodbye. I don’t want them.
I: Why you don’t wa…
RSA interrupts: Because they’ll send them to me. [a short pause] Goodbye.
I: So, who will send them to you?
RSA: Good bye.
I: Who will send …
RSA interrupts and demands word by word: PLEASE LEAVE MY OFFICE, MY FRIEND. YOU…
I interrupt: No, because, because…
RSA interrupts: The examination is finished.
I: Because they say…
RSA: And I would like you to leave.
I: They say to bring…
RSA interrupts: I have. I’m sorry. You would carry on and rant and rave whatever you want. But I don’t understand the word.
RSA never simply told me who are “they”, but would label my talk “rant and rave”, and claim once again of no-understanding.
I: No, they, they say to leave the, they say to give this, the …
RSA: This is not. This is not part of the… Everything is given to me by the organization that hired me.
I: They, they were s…
RSA interrupts: Thank you very much.
I: They were saying, for me to bring this to you.
I: For you to
RSA interrupts: I don’t know anything about it.
I: For you to, for you to review.
RSA: Then call your lawyer and have him speak.
I: I don’t have the so-called lawyer. I’m my own lawyer.
RSA: Go away from me, please.
I was only at the office door, several feet away from Dr. RSA. He was seeming frustrated not to see me off, but I was really frustrated that he would review the imaging data. If he reviews the imaging data, his conscientiousness might say a tiny bit for me the injured worker and claimant. I have recently learned on my own that the so-called medical reports had already been washed-down or -clean from the very beginning.
My child was so inexperienced that she was still video-taping from the corner, not covering Dr. RSA at all.
I to Child: Shooting here.
RSA probably thought the sentence a bit differently, and came out of his inner office to the exam room and talks directly to the camera.
RSA: Please record me, and say that this is totally disruptive.
I: No. Why, why you don’t take the images.
RSA interrupts: I, I can’t. Nobody comes in this office and screams and yells and makes no sense at all.
I: No. Why you don’t take this kind of data? Why you don’t take this data?
RSA interrupts: I’m going to leave this office. You do what you ever want. And if you don’t get out soon, I have to take other mean. OK.
This was the 2nd open verbal threat Dr. Robert S. April said to me directly. It’s about One:Forty-Three p.m.
I: I will just talk to the front desk to see about the, the, the, the thing.
Then, while I was stuttering with my child about the struggle, I prepared for leaving the room.
Half a minute since he left the exam room, Dr. Robert S. April came back to announce his 3rd open threat to me.
RSA: They’re making an announcement.
RSA: At the request of everybody in the office, I’m calling the police to have you removed from here.
I rant here a little: I will, I will just to have that, to, to, to, to, uh, try to give you the thing. You just try…You’re calling police. You call. For the police, we’ll have the record too…They’re part of the murder.
I got clothes re-dressed and things packed, and my child and I left the exam room. Joanna came to exam room’s door, soon after RSA made his announcement. We left the exam room at ~One:Fifty p.m.
The Exiting Drama and the Physical Attack to Me (~1:50 - ~2:35 p.m.)
Joanna, my child and I were walking slowly down the pathway toward the front desk. I talked to Joanna about leaving the diagnostic imaging data to Dr. RSA, but Joanna somehow kept repeating I had to leave the disks behind, and she told me to call Brookside about the CDs issue, but she followed immediately on behalf of BCI by saying, “I don’t think Brookside is understanding what you’re telling them.” While I emphasized that BCI told me to bring the images, and the images are supposed to carry some primary information about the injuries, Joanna first refused to copy the image data to her front desk computer. After three and a half minutes of normal-manner talk with her, Joanna then received the three CDs and said to load the data to her computer. However, she claimed, “You can’t come back there though, because there’re patient’s information back there.” So, I went to the waiting area to sit and wait. About four minutes later, Joanna came over to me to give back the three CDs, but said Dr. RSA didn’t want them. I felt fooled again.
Then, I immediately, at ~One:Fifty-Eight p.m., called (866)455-3926 to Brookside Consultants, Inc. about the diagnostic images issue. This second call last two minutes and forty-two seconds, which was abruptly ended by an Indian-looking man’s sudden and vicious assault on me. This mid-aged man was from this Park Avenue Medical Professionals clinic, and later by online search I identified him as Dr. Charles S. Saha. Kathy answered my phone, and I was using the phone’s speaker for recording. My memory has been impaired due to Jan. 16, 2018 fall, and I need to keep records, because some are using all means to prey on me and my vulnerability. I know others do recording on me too, although they don’t tell me.
Kathy: Good afternoon, Brookside. How can I help? This is Kathy. Can I help you?
I: Hello, this is Limin Wang, uh, I’m at here with uh the IME, uhm, at Dr. uh Robert S. April’s clinic, uh…
Kathy interrupts: All right, but you you, have you left there? Because, I, the doctor has called the police now, because…
I scorn: Huh, it’s a joke. It called police. I’m, I brought, I brought the disk. I brought the disks, uh, uh, for the images of the MRIs and X-rays, the mh front desk lady, front desk lady took my disk, uh, uh, uh, and then after a moment passed back to me, saying that, still, Dr. uh uh April doesn’t want to take uh uh the images from, from the disks. I, uh, so at least I want to tell Brookside that I brought the, uhm, images here, and it’s…
Kathy interrupts: Right, you brought your images, but the doctor, the doctor isn’t able to examine you today, because of …
Brookside Consults, Inc. and others are playing the orchestrated same plot again, just like on IMEs at Dr. William B. Head, Jr. clinic. They fabricated things to rile me the examinee, and then they blamed me for their cancelled IME, and then the WCLJ didn’t allow me even a talk to straighten this kind of “record” during the hearings. The corruption is as plain as this, at the cost of me the victim. People intelligent enough or still enough can judge the conversations on their own.
I interrupt: No, that, he was…
Kathy forces her continuation: everything that has happened.
I continue: he, he was saying, he was acting kind of a little bit to examine me. He was acting a little bit to examine me, and then he rejected to take the disks, uh, uh, uh, although I offered uh the disks uh to him, saying there’re some MRI and X-ray data.
Kathy interrupts: Right, but if he is not examining you, he doesn’t want to have your disks. So, you, he is returning those to you.
I interrupt: He wa, he WAS. Uh, uh, you got the update? He was doing a little bit kind of exam, and then he called it over. And as you said, and as he said, was say to call the POLICE. [I paused two seconds.] Is that a joke?
Kathy interrupts: Y, y, you’ve been, you’ve been very disruptive.
I interrupt: I brought…
Kathy continues: he’s telling me, and…
I interrupt: I was following, I was following the rule. I was following the my rights. I’m supposed to be able to bring my family member for the visit, but it’s just he was saying that I could not, uh, my family member could not go in. That thing.
At this timepoint, probably exactly Two p.m., the Indian-looking male, later known as Dr. Charles S. Saha, in plain dark shirt and pants, not without a white coat, dashed out from the inside, and turned to my front, interrupting me rudely but in low volume, “Who is that? Hey!”
I to CSS [I didn’t expect he would start the attack]: Hi.
Kathy: Well, they won’t allow your daughter in the room.
CSS demands, but still in low volume, most likely to avoid recording: You have to answer. You have to stop the phone call.
While Charles S. Saha was demanding such, he started his assault on me. He used his two hands to try to hang up my phone call, then used two hands to twist my left hand and my phone. My phone was making some cracking sound. Then his right hand went to hold my left wrist, frantically squeezing and grating spots where the radial artery and the median nerve pass by. CLEARLY, A PREMEDITATED AND ORCHESTRATED ATTACK WAS CARRIED OUT PROFESSIONALLY BY A MEDICAL PROFESSIONAL. Later further things corroborate such conclusion.
During this attack, Kathy was still talking on the phone, and she should be able to hear the assault on me.
Kathy continues: You haven’t allowed the interpreter. I told you I can’t control …[The last part’s volume became very weak. And the phone itself was somehow turned off during the struggle.]
I felt pain from the Indian assailant and groaned: Ow.
CSS acted as if he dominated: This is my. You have to stop the phone call.
At this instance, a woman screams: Oh, my god.
Because I raised my right leg and foot, and pushed the assailant at his lower abdomen off me a few feet further. And I shouted at him, “STOP.” Only this time, one person from this Park Avenue Medical Professionals clinic probably really felt some concern for themselves. And only this time, I really talked loudly, but for a single word.
Then, Dr. Charles S. Saha started to talk in normal volume: You need to leave. You need to leave.
A woman polite voice, I dubbed her as WPV, said in clear and normal voice: Wait. [Later, WPV was heard suggesting CSS to contact another doctor. I don’t know her intention.]
I: You don’t. You see that, you see that.
WPV: Have to stop, have to stop.
WPV: Have enough.
The attack and counter then ended abruptly. Dr. Charles S. Saha didn’t do anything further, quickly left the scene, and later probably didn’t say too badly about me when the police arrived due to my 911 call. I didn’t get up from the couch for revenge or anything.
While I was still sitting on couch, Joanna soon came over to me, coldly urged me to simply leave, and claimed no attack on me or even my phone. They are all professional on such events. Joanna wouldn’t even speak about the assault on my body.
Joanna: We’re not trying to break your phone, Ok? There is no footage. Just come, ok? Come, so we can just stop all this, come.
I strongly suspect that the waiting area has no security cameras under Park Avenue Medical Professionals. Of course, these performers, including the attacking physician Dr. Charles S. Saha, had noticed that my camera had been packed away, not recording the video. My child is not socially experienced yet to immediately start recording. “There is no footage” itself is doubtable, and “there is no footage” does not equal to “there is no assault”. The governing system, particularly the police, did nothing but to urge me to leave the scene, as if I were a trespasser! The assailing side, including Joanna, used “their property” as if a clinic were a private home, and a patient on an appointment were an intruder! If I were the one who attacked this way to any one of them, I could have been shot dead, and all aspects of the system would have claimed “justice served”. It’s as polar as that.
I reject: No, no.
Joanna: You’re not leaving?
I: I’ll call police. He doesn’t have the right.
Joanna: But he didn’t try to break your phone.
I: He ended my call, and tried to break my phone, then also try to uh, hurt, hurt my, my wrist.
My younger teenage child, already eager to leave such complex matters to me alone, had her immature secondary opinion: No, he was trying to take the phone away from you.
I: No, he was also try to do the damage to my, to my wrist.
Joanna: Sir, but you realize this is their office, ok? You can’t. It’s their property.
I called 911 for police, not for EMS. The 911 female receiver requested EMS on the phone. The male EMS receiver somehow popped out his own words of “headache” and “diarrhea” while neither the 911 female or I said any of such word before on the phone. Answering the questions, I was only complaining my left hand and left wrist had been attacked by an Indian-looking mid-aged male in plain dark clothes coming from inside of this Park Avenue Medical Professionals clinic. This call, my 3rd call in this clinic, specifically in the waiting area, as before with the presence of zero or only one other person seemingly a patient in the whole front area, last about eight minutes, probably from ~Two:One to ~Two:Nine p.m.
Minutes after the call, at ~Two:Twelve p.m., two policemen came to the 2nd floor clinic. Both look to be in their 30s. To me, the short officer looks like an Amigo, and the tall one like an east Indian, and I would like to dub them as Shoff and Toff, respectively, for this document. Toff immediately told my daughter who was sitting next to me to stand up and go a few feet away to talk with him. Shoff was asking me.
I explained, “I was coming here for twelve thirty IME appointment, with Dr. uh uh Robert April.” Around this time, a flock of clinic personnel came out to the area in front of the front desk, and Shoff said hi to them. When I continued, “and then,” Shoff interrupted me, “Is that the doctor?” I turned and found in the middle of a female flock the Indian-looking tall guy now donned a white long coat. I answered, “No, m, uh, m, that’s the doctor try to take my phone, and try to break my phone, and…” Shoff interrupted again, “Which doctor?” I answered, “This doctor.” Shoff repeated, “This doctor.” I confirmed, “Yeah.” Shoff then said, “All right. Give me one second.” Shoff quickly went to ask that flock. Their talking volume was low to my hearing, despite only probably three feet away. Part of it went like below.
CSS: I ask him to stop the phone call.
CSS: Why? Because … very loudly…
Soon, Shoff: … no physical punch?
At some point of the crowd’s talk, Toff stopped asking my child, and joined the crowd. Somebody in the flock was asking the police what happened to their multiple 911 calls, and a policeman answered they were on their way. A woman polite voice (PWV) asked Dr. CSS whether he needed to contact another doctor, CSS said no, no, no. I suspect that PWV was thinking about some claim. At some point, Toff asked the attacker and the flock, “What you would like? What you want us to do?” A woman voice said something including the word “outside”. Then, Shoff said, “All right, we will speak to him.” Around this time, PWV said loud and clear, above all other talking noises there, “Joanna, are excited now? OK?” Joanna burst into happy and loud laughter in the front desk area. Their consensus on the victim was reached after about two and a half minutes since the police entered the scene.
Then, Dr. Robert S. April came to the crowd, and put on his way to the policemen, “Patient was sent from Brookside Consultant for legal examination, because he is a plaintiff of a case against somebody he said, he is treated him like a slave, and they destroyed him. I don’t like … I examined him, but, when you got carried away, he wouldn’t leave because I have to examine the CDs he have to… I say leave it if you want, I’ll look it later.” The flock disappeared then.
Remember, the employer and TPA asked BCI to set up this IME, and for both the original Nov. 14, 2019 and the re-scheduled Nov. 08, 2019 IME notices, BCI demanded that I bring the diagnostic images for the IME. Now, RSA put it as if I had unilaterally demanded him about this. I had visited other clinics due to the Jan. 16, 2018 workplace injuries, and the clinics who asked for the diagnostic images simply spent minutes downloading the files from CDs to their computers. And because I had experienced a drama by leaving a CD to Dr. ASS early this year, I don’t want to go through another very probable nasty experience to get my CDs back.
Toff was then talking with RSA away from the crowd, and in a minute or so came back, and talked loud and clear to me, “Here, this, this is the issue. They don’t want you to use the phone here, because it has medical equipment here that interfere with the, with the, with their, with their signal here, so they want you to step out to make the phone call.” That’s two fresh new things to me. The clinic had never said such signal interference self-circuit to me, and why blamed me for their self-interfering equipment. The clinic clearly wanted me to leave this PAMP clinic for good, instead of to make my phone call outside. Later, Toff multiple-times said directly to me, “You can’t use your cell phone”, “they want you out of this office”, “they have no business with you”, etc.
I appreciate Shoff showed sufficient patience to me and pretty much allowed me to present the events from my perspective, although Toff numerous times loudly and abruptly interrupted my talk. Toff’s talk about signal interference later flipped the direction a few times, i.e., my phone interfered the medical equipment, or the medical equipment interfered my phone signal.
During this stage of my talking with the two cops, at about Two:Eighteen p.m., three EMS uniforms came into the clinic. Everybody saw and hi-ed everybody. There were some indiscernible quick talks between police and EMS. EMS said they came here for “head injury or something”, and police answered it must be somebody else. Then Joanna and WPV were laughing cheerfully in the front desk area. Then EMS headed directly inward to the deep space. I paused to ask police whether that attacking doctor (Dr. Charles S. Saha) was claiming he got head injury from his attack to me. Both policemen concurrently repeated, “No, no, no.”
About a minute later, EMS came out to the exit area, and they talked to police and me. I answered that my head injury was from workplace, and the assault today to me at here was on my left wrist, left hand, and phone. A male EMS briefly checked and said “no swelling,” etc. I figured their suggestion of a hospital X-ray on my wrist and hand would not do any further service. Although I said, “I really don’t know how to deal with legal matters, uhm, uhm, in the right ways,” and EMS said I could go to hospital now or later because of this, I chose not to go with them then. Seven minutes after EMS’ arrival, at ~Two:Twenty-Five p.m., police and I appreciated EMS’s arrival, and EMS departed the scene.
Then, during the last eight minutes of talk between police and I, Dr. RSA came out to the pathway to talk to Toff, who was talking in a loud voice to me, but I assume that’s Toff’s volume of working talk. Nobody from the clinic complained to Toff about his volume. Toff then went in to talk with RSA, and Shoff listened to me about today’s happenings and my difficulties in this workers’ compensation case. Two minutes later, Toff came back with new points, saying to me, “I talked to the doctor. This is how it works. They will examine your CD, Ok?” “And they are going to report to the company. They can’t report to you because, uh, you are suing the company, for, for, for you, for your workers’ comp, right?” Note, if this’s what RSA said, then he was lying to police too. Workers’ Compensation case is not a lawsuit, not even a compensation case directly against the employer company unless the company is self-insuring Workers’ Comp. I learn some basic things by myself after the Jan. 16, 2018 injuries. Many other parties deliberately fool and prey on victims, particularly unknowledgeable victims. Toff continued, “The doctor doesn’t work for you. The doctor works for the company.” and “He examine you, he, all the findings, all the video, he reports to the company, and the company reports to your lawyer, and the lawyer will inform you…” I don’t know what’s the real purpose of such “education,” which was not a point of the prior arguments at all. Anyway, I answered, “I don’t have a lawyer. I had a lawyer before, but the lawyer didn’t work for me.” Toff quickly answered, “Ok, then the company will directly contact you.” It’s very confusing about the specific identity of “the company” in Toff’s talk. My employer company B.Q. Wide, at least by its superficial name, is not the same IME vendor company Brookside Consultants, Inc., at least by its superficial name.
Then Toff said, “The doctor has the disks.” I said RSA didn’t take the disks or the data, and I would like to wait a little further for the doctor to copy the data to his computer and then for me to take the CDs home with me. Toff quickly interrupted me, making another fresh new point, “As I said, he has a lot of patients, so he isn’t having time right now, so, like I said.” I don’t know the source of this. For my whole two hours (from ~12:30 to ~2:35 p.m.) in this clinic, I only occasionally saw one individual, probably a patient, briefly in the waiting area. Dr. Robert S. April multiple times said to me that he’s leaving there with either no IME on me or no diagnostic images review for me, but later claimed in his “objective findings” report that he worked on another patient during the falsified “12 to 3:30 p.m.” IME on me. Either Dr. RSA works on his patient by seconds or a minute, or that’s a blatant lie, and by business, a fraud. At least, I didn’t witness his interaction of whatsoever with another patient when I was physically at that clinic.
Next, when I told police that Dr. RSA in the beginning didn’t allow my family member in for the IME on me and slammed the door shut at us, Toff interrupted, “Yeah, because, they, they don’t report to you.” Soon, Toff suggested to me, “Like I said, this is all civil issues. It has nothing to do with us. So, you have to get a lawyer, or contact your company to see what they want to do?” Then it went to my last attempt to give the imaging data to Dr. RSA. The cycle went futile again, as I added that the front-desk Joanna took the CDs but returned them to me with saying Dr. RSA didn’t want them. Eventually, it’s clear that police wouldn’t bring any charge against my attacker Dr. Charles S. Saha or persuade Dr. Robert S. April or his staff to copy the data. And it’s clear that the only choice is for me to leave, without leaving my CDs behind for the sham IME review. The whole procedure has proved to be a sham, and Dr. Robert S. April’s following “objective findings” IME report proves to be a shame.
Part 2. My Rebuttal to Dr. Robert S. April’s Nov. 08, 2019 IME Report
In Dr. Robert S. April’s report of the Nov. 08, 2019 event, many actual things, temporal sequences, causal relationships have been either distorted or deleted, and many of their either hallucinated or fabricated items are included. The effects of such efforts to falsify some facts and create some “objective” findings under the name of a medical professional are not only to intentionally deplete the probability of rescuing my life from serious central nervous system injuries, but also to viciously paint me a “psychotic” “personality”.
In Part 1, I have truthfully presented the wholesome account of what had happened during the Nov. 08, 2019 IME visit to Dr. Robert S. April at 120 E. 86th St. 2nd Floor, New York, NY 10028. Now, I’d like to repudiate Dr. RSA’s report page by page, paragraph by paragraph, sentence by sentence, and point by point.
IME-4 (5-18) form filled and signed by Robert April, M.D. claimed the Start Time and End Time of Patient Examination to be 12:00 and 3:30, respectively. The simple fact of time and duration can not even be stated true by Dr. RSA. My child and I entered the clinic at ~12:25 p.m. and left with the two policemen at ~2:35 p.m. Dr. RSA exaggerated by about 1.5 hrs, i.e. by ~70% more. It states Dr. RSA is hired by the IME vendor Brookside Consultants, Inc. 010103.
RSA Report p. 1, par. 2 reads:
“This examination was scheduled for 12:00 pm today in my office at 120 East 86th Street, New York, NY 10028. The claimant arrived on time with his daughter and an interpreter. However, he claimed that he did not need the services of an interpreter and that he spoke perfect English. He then proceeded to carry on loudly, disrupting the office and causing great consternation on the part of office staff and other patients. He harangued me and members of the office staff by shouting in a loud, disruptive voice, often acting in a threatening fashion that was frightening to all concerned. He did not leave my office until 3:30 p.m. during which period, of 3 ½ hours there were several different interactions, intermixed with periods in which he went back to the waiting room to go through more documents or to write more information on the Claimant Intake Form. In all, several attempts were made to begin the examination in my office, but were interrupted by his refusing to continue the examination in the usual fashion. He had one objection after another. He made one demand after another in order to carry on in his own fashion without agreeing to sit down and answer my questions in an orderly, systematic fashion. He then dismissed the interpreter. I made several calls to your office and was instructed to carry on to the best of my ability and to describe the interaction that transpired in as much detail as possible.”
My repudiation to RSA Report p. 1, par. 2:
The IME was re-scheduled from Nov. 14, 2019 10:30 a.m. to Nov. 08, 2019, 12:30 p.m. BCI’s page of IME report distribution once again states the appointment was 12:30 p.m. My child and I arrived at the 2nd floor clinic Park Avenue Medical Professionals at ~12:25 p.m. The interpreter, a total stranger to us, was waiting inside the clinic. I never asked for an interpreter for medical visits. BCI and my other opponents imposed the interpreter for their own purposes. Personally, the interpreter behaved as a quite modest lady, and I feel sorry for her to be in the wrong place. I never claimed that I spoke perfect English. I did say when I needed an interpreter such as at WC hearings, WCB wouldn’t provide, and some would talk the ways so I had tremendous difficult in hearing and/or understanding. The clinic itself is like a circus, many times they flocking together, talking loudly, laughing loudly, gossiping loudly about me. For example, before Dr. RSA’s slamming the door to me and my child to start the problems, I was filling in the Questionnaire, there was a woman talking and laughing loudly, and I didn’t hear anybody to stop her. I was talking at my normal volume as I talk at home after the Jan. 16, 2018 injuries. I never threatened any of them. They actually threatened me many times and physically assaulted me once. Dr. RSA put out many demands, some against the IME rules, to start many difficulties, and then he and Joanna of course never wanted to help on these difficulties. I didn’t see or hear they placed a call to BCI about any issue. When talking, I was seriously answering their questions, but Dr. RSA and others often avoided my questions by using various tricks, such as by claiming “not understand”. It’s ridiculous to use and blame “consternation”, “harangued”, “threatening” on me. My child and I left the clinic for good with the police at ~2:35 p.m., and there was only slightly over 2 hours altogether at the clinic. Dr. RSA himself came out multiple times, including the first two times to talk to me while I was filling in the Questionnaire once and for all. I didn’t review or write any “document” there. I went back to the front desk once to address the denying-right issue, because RSA falsely claimed my child can not go in together with me for my IME and then slammed his door shut. I stayed in the waiting room a second time, because of their refusing-images-data issue and their physical assault on me. After RSA multiple times said no IME because of his rules or demands, Dr. RSA’s IME went hastily and continuously for about only FIVE minutes. Anything Dr. RSA may claim as I “not cooperate” or he “not understand”. Dr. RSA NEVER asked questions or examined in “an orderly, systemic fashion.” It’s the diagonal opposite. The interpreter was NEVER into the exam room during the IME, because of my objection, despite of their imposition. I heard incoming calls to Dr. RSA, after I called BCI. I never saw or heard RSA or Joanna placed any call to BCI. My opponents conspired in the very beginning to CANCEL the IME and to BLAME me.
RSA Report, p. 2, par. 1 writes,
“I attempted several times to get the examination under way, but he insisted first on setting up a video stand and camera for purposes of recording the examination. This required a certain amount of time when I could not use my examining room for other patients, so I allowed him to proceed while I did work in another examining room. He finally did agree, after much resistance, to take off his shirt and pants for the examination, but would not remove his shoes because he claimed that my floor was dirty and that I should have provided slippers. He wanted to direct all aspects of this examination himself. Therefore, it took more than one hour of effort to convince him, once the video equipment was in place, to take off his clothes, put on an examining gown, and permit me to proceed to examine him. During that period of time, he shouted loudly at me, disrupted the office and caused much concern on the part of my colleagues who were seeing their patients and office personnel who were frightened of him. I asked to call his attorney but was told that he was his own attorney and that he did not have an attorney. He continued to harangue me, accused me of mistreatment and made several, unintelligible remarks. I finally did examine him (see below), but after the examination he would not leave this office, insisting that I look at the three CDs he brought to the examination. Eventually, my office administrator called the New York City Police Department to enforce the claimant’s leaving this office. He was told that if were willing to leave the CD in this office, it would be read in due time and returned to him. He finally decided to take the CD with him and left the office with the police officers, at 3:30 pm. In summary, his behavior was inappropriate, bellicose, menacing, and his claims and comments were difficult to understand. His written comments contained distorted, strangely constructed sentences – please see the papers enclosed. These statements exemplify the psychotic, fantasied nature of his complaints with minutely detailed expressions of self-abnegation, anger, and paranoia.”
My repudiation to RSA Report p. 2, par. 1:
Dr. RSA attempted many times to cancel the IME, and made many demands on the possible IME. When my child and I were finally allowed in his exam room, Dr. RSA was sitting in his inner office working on his computer. During the whole approximate twenty-two minutes when I stayed in the exam room, Dr. RSA only exited his office twice, and each time he stayed out for less than a minute and then came back into his inner closet-sized no-extra-door office. It’s impossible for him to meaningfully work on other patients during such short times. He twice exited to threaten calling police. There was no disagreement between RSA and me about setting up the tripod and camera. It took only four minutes for the ditched mounting and packing-back. I had resistance to his adamant demand on me to undress my inner loose layer too. It took only about seven minutes for me to yield to that demand and get ready with underwear only and gown. It’s completely fraudulent for Dr. RSA to state, “Therefore, it took more than one hour of effort to convince him, once the video equipment was in place, to take off his clothes, put on an examining gown, and permit me to proceed to examine him.” and “During that period of time, he shouted loudly at me, disrupted the office and caused much concern on the part of my colleagues who were seeing their patients and the office personnel who were frightened of him.” There were almost zero other patients seen in the waiting area, and the clinic personnel all talked and acted as if everything were under their wanton control. They even carried out a physical assault on me by a plain-clothed young doctor. The distorting statements in Dr. RSA’s report “exemplify the psychotic, fantasied nature of ” this report and the “inappropriate, bellicose, menacing” personnel in that clinic “with minutely detailed expressions of self-abnegation, anger, and paranoia.” The transcript clearly showed I only asked whether RSA could provide slippers, and RSA readily agreed to let me keep my shoes on. RSA put on many demands about IME, and he carried out the five-minute IME his way. I only questioned whether the deep tendon reflex on the knees was done right and cautioned him when he was about to use the needle of an open safety pin on me. When RSA asked me, I seriously answered and he absolutely understood. When RSA falsely claimed no understanding at some point, I tried to repeat, to say another way, to let my child say to him, or to present him my printouts. As copied ahead, IME vendor BCI demands me about diagnostic images for the IME review. RSA said multiple times to leave there without an IME on me. While RSA falsely claimed in the report the visit last until 3:30 p.m., he actually wouldn’t spend any minutes reviewing or downloading the images from CDs. The opponents know many of my humiliating struggles with them, such as the CD of X-ray images left for Dr. ASS, and the CD from NYMDC crashed my old computer to no MBR (master boot record). Dr. RSA was supposed to be busy in the right way with me about the scheduled IME, including about the imaging data, but he wanted to create difficulties and pain for me. I called for police about the CSS assault on me, and police arrived after my call. Although police urged me to simple leave there without any charge on the assailant or any help to me, I was not the one leaving with shame or crime. Although RSA report claims, “His written comments contained distorted, strangely constructed sentences – please see the papers enclosed.”, I write about the facts, the truth, the feeling, etc, and some people may well understand.
RSA Report p. 2, par. 2 writes,
“He spoke directly to me, but his speech was run-on, monotonous, monoprosodic, and totally unintelligible. I explained to him that that was the reason an interpreter was needed and his response was “I do not understand you either.”
My Repudiation to RSA Report p. 2, par. 2:
Much of the talk between different people and me was transcribed in Part 1. Although at some points, some people claim that they do not understand my spoken English, they actually would not like me to talk any language to anybody about anything at all. The head injury has impaired my speech too. I partially appreciate the RSA report pointed out some of my speech problems. As I recall, the treating doctors have not mentioned such impairment at all, just about many other damages. Still, under this kind of ruthlessly irresponsible sham system, an available treating doctor may be a little better than no treating doctor available at all. The government agency WCB officials would simply jump to decision of “no medical evidence” without accepting the factors of “why no medical evidence”, leave alone considering factors.
RSA Report p. 2, par. 3 writes,
“He provided no information whatsoever about his symptoms today. He stated that all of the information was included on the written documents that he presented to me. His Claimant Intake form described his accident as a fall from a stepladder at work with injuries to his head, neck, left arm, back, left leg and spread to cause “tetraplegia”. The questionnaire claimed that he was taking Boswellia, Fioricet, Topiramate, rizatriptan, celecoxib, magnesium oxide, baclofen, Voltaren, and gabapentin. He claimed that the treating doctors said that there was no fracture, but they prevented him from having an MRI or x-ray service or data. He then went on to say that he rejected all their opinions because they are not truthful to his injury. He finally stated “do not go other blames. I was healthy before the January 16, 2018, injury and working hard. Since the January 16, 2018, injury, the neck and back problem intractable to me.” His pain diagram was one characteristic of psychotic patients. It too is enclosed.”
My Repudiation to RSA Report p. 2, par. 3:
I am confused about the meaning of “He provided no information whatsoever about his symptoms today.” It may just be an evidence of how irresponsible an IME report of “objective findings” by a medical profession can be. The two printout packs I gave to Dr. RSA directly in his office are 1) my Aug. 07, 2019 version statement of the slavery workload, the fall, the aftermath, and the recent symptoms; 2) the three IME files from Brookside Consultants, Inc., each two pages, of year 2018, all showing Neck included in the Established Injury Sites. These three BCI files, like the two other BCI files of y-2019, are all falsely listed as Medical Narrative of one of my treating doctors, Dr. Mehrdad Golzad. None of these five files has been served by any party until I came upon to them in the WCB eCase folder. The two printouts were not included in BCI’s RSA report copy to me or to the WCB, although RSA report writes, “He stated that all of the information was included on the written documents that he presented to me.” Who and why hid the two printout packs? On the Questionnaire, my original answers are “warehouse hard laborer, fell off a meticulously tampered 8-ft stepladder at work”, “head, neck, left upper extremity, back, left lower extremity at the date of injury, but it spread to tetraplegia!!!”, “The tampered broken 8-ft ladder was left at the particular site almost exclusively for me the newly rotated worker to use. During the fall, I fell from ~8ft above my feet, the ladder was tilting. I reached to grab the shelf. My body had a vertical acceleration-deceleration, whiplash, 180-degree rotation, sideway jerk. The details of the worksite injury are described in the attached files during this visit.”, “a hard laborer slave, paid by work minutes at minimum legal wage by minute.”, “headache, dizziness, tetraplegia, pain allover my body everyday, including NECK. Exacerbated by daily minimum activities. Bothered sleep too.”, “New York Medical & Diagnostic Center wanted to inject things to my neck. I rejected that because they are not truthful to my injury, and else.”, “See the multiple-paged attachment file for the full details. Briefly, serious head trauma and tetraplegia, and the sequelae affect the whole body and multiple vital systems, including nervous, heart, respiratory, reproductive, musculoskeletal, digestive, urination, etc. The vision, hearing, smelling, tasting are affected too.” The RSA report purposefully helps the deniers by leaving a lot of important info out, and by distorting some of my original statements with sentences like “He then went on to say that he rejected all their opinions.” It’s a serious verbal assault to me by his statement of “His pain diagram was one characteristic of psychotic patients.” As my counter, such IME report is one characteristic of a psychotic psychiatrist.
Let’s read carefully the printed RSA statement at the end of the RSA Questionnaire asking for my signature, “This examination is directed only to the injuries sustained in my accident. I understand the examination is being performed by a physician other than my own treating physician, and that no doctor/patient relationship exists. No questions concerning diagnosis or treatment will be answered.” If so, what such IME is responsible for? Isn’t it a sickening joke? The IME is only for irresponsibly washing the perpetrators’ responsibility away, under the cover of professionals? The Questionnaire also asks about “all unrelated medical conditions” and “prior” “accidents”, “injuries”, “problems”, “operations”, for alternatives.
RSA Report p. 5, par. 2 to p.6, par. 1 writes,
“NEUROLOGICAL EXAMINATION IN THIS OFFICE: The claimant was 5 ft 8 in tall, about 140 lbs, and had a BP of 110/80, PR of 80, R of 12. He was agitated, moved about and spoked loudly, shouting about documents that he thrust into the examiner’s face but showed no signs of limitation of movement or any physical limitation or distress. He moved about continuously, used both arms and hands equally and with normal dexterity and wrote lengthy commentaries on the intake sheets, muttering loudly all the time, and disrupting the waiting room. He simply never sat still and quietly. He continued to complain during each aspect of my examination to the effect that I was not doing it right. He claimed that my deep tendon reflex examination did not strike him in the right part of his limb and that I was not truthful, and that I was trying to hurt him. He would not take off his shoes because he claimed that I did not have slippers to protect him from germs on the floor. He finally did take off his outer clothes and put on the examining room so that I did examine him in his underwear. When he finally took off his clothes to put on the examining gown, he was able to do this standing, used both arms, had no trouble lifting them above his head and moved with coordination and normally rapid, or very fast, speed. There were no external signs of injury.”
My Repudiation to RSA Report p. 5, par. 2 to p.6, par. 1:
It’s so disgusting to read such a grossly fabricated and twisted story authored by a physician Dr. Robert S. April in specialty of neurology and psychiatry. His staff never did any vitals on me. My height and weight were reported by me on the Questionnaire. As I have described the details of how RSA was rushing through the five-minutes IME, the “objective findings” about the other three vitals (BP, PR, R) should each carry a BIG question mark. Dr. Robert S. April didn’t even do the blood pressure measurement with the traditional mercury-column sphygmomanometer right, and never used his stethoscope during the BP measurement. RSA never used any timing device during a possible pulse rate measurement, and RSA never used the stethoscope to hear my lung respiration. RSA probably intentionally ignored the observance of my gasping when I simply lied down on my back on the exam table from a sitting position. Yet, such seemingly normal numbers come out from Dr. Robert S. April’s mind. Why aren’t these simple numbers even “subjective” from an IME doctor? The rest of his p. 5, par. 2 to p. 6, par. 1 is the continuation of his typical “findings” which Dr. RSA claims to be “objective”. It is so ludicrous. I was riled BY them, mainly by Dr. RSA, and later physically attacked by Dr. Charles S. Saha. They were the causes, and they would expect me to sustain the whole rudeness and brutality with just silence and docility? The handwritten short answers to Dr. RSA Questionnaire were “lengthy commentaries”??? When I was sitting on the couch, either filling in the Questionnaire or talking to the police, I was either quiet or talking in a normal volume. RSA may tend to claim all my talk or interaction with him and all other personnel in that PAMP clinic as “loudly” or “thrust into”, his subjective hyperbole goes beyond the limit of “a report that differs substantially from my professional opinion” he signed for the IME report, by writing “moved about continuously”, “muttering loudly all the time”, “He simply never sat still and quietly.”, etc. Dr. RSA report falsely blames his sham exam as my fault, by stating, “He continued to complain during each aspect of my examination to the effect that I was not doing it right.” Dr. RSA’s deep tendon reflex test, particularly on my knees, was questionable, and I cautioned him not to hurt me if he uses a needle-like thing. I have never said that Dr. RSA was trying to physically hurt me or have physically hurt me, although I was physically or physiologically hurt by some other doctors. I only asked whether slippers would be available. Dr. RSA said no, and then easily agreed for me to keep my shoes on. No talk about “germs” or “floor” at all. I took off my coat and jacket already before I asked him to start the exam, and then I readily agreed to take off my outer pants too. I had disagreement to his adamant demand of removing the inner loose layer, and I eventually yielded to that demand which later turned out to be unnecessary for his whole IME. The dispute about taking off the inner loose layer took three or four minutes at the most. I don’t know how the following sentence is constructed or construed, “He finally did take off his outer clothes and put on the examining room so that I did examine him in his underwear.” I did not put on the examining “room”, and I was examined in my underwear and a medical gown. I still can live, still can move, still can speak, still can write, as so many patients or elder people still can, but I have been seriously injured, and injured to the central nervous system which controls the whole body. Simple sitting-up, standing, or walking can quickly aggravate the whole set of symptoms. Absolutely, there are external signs of injury: MY FACE’S UPPER PART OFTEN SHOWS CYANOSIS, RACCOON EYES, AND BROAD AREA SPECKLES, BIG DIMPLES AND GROOVES SHOW UP ON MY FACE TOO, AFTER THE JAN. 16, 2018 FALL. I never looked like this before the injury. I am only in my mid-40s.
RSA Report p. 6, par. 2 writes,
“He first objected to my examination with a loud voice that was heard throughout the office beyond the confines of the examining room. He insisted that his daughter videotape everything that was done and continuously referred to “my rights” at every aspect of this examination. Please note that I attempted to speak to him as little as possible because I could not understand his responses to me. He refused to use an interpreter.”
My Repudiation to RSA Report p. 6, par. 2:
Much of the talk has been transcribed in Part 1, and it’s highly possible for “independent” people to tell who is the liar. The RSA report here claims “I attempted to speak to him as little as possible” and uses “I could not understand his responses to me” as a “reason”. Just three episodes here.
During Dr. RSA’s rejection to take the diagnostic imaging data,
I: They were saying, for me to bring this to you.
During Dr. RSA’s failed blood pressure measurement on me,
RSA: You have high blood pressure?
I [cool]: I think some doctors claim that way.
RSA: I see.
During his 3rd open threat to me, instead of saying “as little as possible” like “cops coming”,
RSA: They’re making an announcement. At the request of everybody in the office, I’m calling the police to have you removed from here.
My only loud voice was on a simple word, “STOP”, to the assailant Dr. Charles S. Saha. That word might be “heard throughout the office beyond the confines”, and it was uttered outside of the exam room and after the sham exam. BEFORE Dr. RSA eventually honored my right of being accompanied and to videotape during the IME, I needed to talk many times to them about my right. They all acted as if they never knew the existence of others’ right. There’s no need of an interpreter in IME, but I have requested an interpreter for every of the many WCB hearings in case they talk at low volume, fast speed, with slangs, jargons, codes, and accent, and I am not allowed to talk much. The WCB hearings only one time granted me the interpretation, and it’s a tele-interpreter, and I was not allowed to talk in English then, and the interpretation was very lousy.
RSA Report p. 6, par. 3 writes,
“CRANIAL NERVES: II -XII: He appeared to hear normally and to see normally judging by his behavior, his handwriting, and his responses to my requests. Ocular movements were full in all directions of gaze without diplopia or nystagmus. Facial movements and eye blink/closure were symmetrical and normal. Voice production normal. Respiratory dynamics unremarkable. Tongue was non fibrillatory and he protruded it for me in the midline. Neck movements were unlimited during spontaneous movements.”
My Repudiation to RSA Report p. 6, par. 3:
That paragraph is another showcase of Dr. Robert S. April’s distorted, fabricated and hallucinated “objective findings”. What happens to cranial nerve I? Here, RSA flopped to claim everything is normal of me, although my smelling, seeing, hearing, tasting, feeling, and other senses have definitely impaired by the traumatic injuries. When Dr. RSA asked me to look upward to his moving index finger, why RSA accused me with “so you are not cooperating” and reported here “Ocular movements were full in all directions of gaze without diplopia or nystagmus”? I was raising my eyelids to stare. Check my whole account of his total five-minutes IME, what Dr. RSA did to test diplopia or nystagmus? He didn’t say much other than accusing me while testing my eyes. ABSOLUTELY NOTHING was performed by Dr. Robert S. April to test my facial movements, eye blink/closure, voice production, respiratory dynamics, or tongue, but a psychotic psychiatrist came up with all normal, and included such a psychotic sentence, “Tongue was not fibrillatory and he protruded it for me in the midline.” For the neck movement, Dr. Robert S. April only tested the PASSIVE neck flexion, left rotation; when I complained pain, he let his hands off my head, and used his index finger to direct a spontaneous right rotation of my neck. No other neck moves, and no goniometer for anything. My neck movements have certainly been limited due to the Jan. 16, 2018 fall schemed on me by workplace B.Q. Wide and the malicious assaults veiled at treatments to me at New York Medical & Diagnostic Center. Certain movements of my neck such as extension or flexion aggravate the headache, dizziness, and many other symptoms.
RSA Report p. 6, par. 4 writes,
“MOTOR EXAMINATION: Motor power could not tested because he would not cooperate. There was no atrophy to inspection, and I measured circumferences of this forearms and his legs which were equal. There was no problem with the gait and stance. He would not follow my command to walk tandem and/or on heels and toes. Tremor and rigidity were absent. All reflexes were present in upper and lower limbs (including triceps, biceps, periosteal, patellar and Achilles reflexes). Babinski sign was absent. Romberg sign was absent.”
My Repudiation to RSA Report p. 6, par. 4:
That is another paragraph of Dr. Robert S. April’s distorted, fabricated and hallucinated “objective findings”. I was following on Dr. RSA’s exam on me. Dr. RSA didn’t test my momentary motor strength, but he had the cheek to accuse me again of “because he would not cooperate.” The atrophy is even shown on my facial muscles, but the “medical professionals”, including Dr. Robert S. April, intentionally chose to ignore. Such “medical professionals”, to my observance, only work for themselves and their masters, not for the patients. He did the sham measurement of circumference on my LOWER legs, and after interposition with some other hasty moves, on my UPPER arms. The tape measure was seen diagonally dangling on my left upper arm, and tight on my right upper arm. Now, please examine carefully Dr. RSA’s written statement, “I measured circumferences of this forearms and his legs which were equal.” He stated “this forearms”. Also, his statement claims that the circumference of my forearms is equal to that of my legs. I think a standing biting dog can even see that is categorically false. I find my gait and balance problematic due to the injuries, although I am not complete paralyzed YET. Dr. RSA never uttered his “command” for me “to walk tandem and/or on heels and toes.” There are tremor and rigidity on me, although not severe. For example, after standing for a while, the tremor and rigidity become obvious. The spine has become a lot less flexible. As described in Part 1, Dr. RSA only tapped on my knees (left knee cap, right knee tendon), elbow interior bends, radii near the wrists. No or little reflex except the jerk when tapped on my right forearm. Other “objective findings” such as “triceps…and Achilles reflexes”, “Babinski sign was absent”, “Romberg sign was absent” were all “subjectively found” by Dr. Robert S. April’s head and fingers.
RSA Report p. 6, par. 5 writes,
“MECHANICAL EXAM: Straight leg raising was normal to 70° (normal range is painless elevation to 60°-90°). The range of motion of the low back was normal (60° flexion, 45° lateral rotation to either side and 25° lateral flexion to either side). The claimant was able to lie down and then sit up. Percussion and palpation of vertebral column and paraspinal muscles were negative for spasm or tenderness. There was no Tinel sign or other signs of carpal tunnel syndrome. All range of motion measurements were done with reference to an orthopedic goniometer as per the 5th Edition of the AMA Guidelines.”
My Repudiation to RSA Report p. 6, par. 5:
Time and time again, I need to outcry the system is a sham and shame, because it is. Dr. Robert S. April NEVER used an “orthopedic goniometer” during the whole five-minutes IME. Probably, he had made such fraudulent reports and got away with nice pays by such a system. Here, Dr. RSA fabricated a bunch of numbers again to falsely report my ROM as normal. For the passive straight leg raising, it might be to 40° or 50° and he didn’t ask anything during his maneuver. At some point of the IME, RSA suddenly asked “where is the pain”, I answered “pain all over”. Don’t expect me to complain pain all the time to him, although many pains are constant or multiple times daily. My active flexion of spine has become significantly restricted, when compared to pre-injury. The lateral rotation and lateral flexion to either side were all hastily forced by RSA. I am still able to lie down and sit up, usually with the help of arms, but a lot weaker than pre-injury. Dr. RSA NEVER did any “percussion and palpation of vertebral column and paraspinal muscles”. The video showed his left hand only quickly glided over my upper back once, but I never felt that touch. IF Dr. RSA HAD EVER PALPATED MY NECK, HE WOULD HAVE FOUND PROBLEMS. DR. Robert S. April did not do any test about carpal tunnel syndrome or its like. The vibrating tuning fork RSA suddenly put on my lower shin caused immediate extra pain, which should be a Tinel sign, but Dr. RSA once again laundries in his written IME report, “There was no Tinel sign.” Sarcastically, the assailant Dr. Charles S. Saha did the Tinel or CTS test, and it’s an absolute “sign”.
RSA Report p. 6, par. 6 writes,
“SENSORY EXAMINATION: He would not permit me to touch him with a safety pin. When he saw it, he looked frightened and began to object vociferously and withdrew from my examination, threatening me if I were to touch him with it. He felt a vibrating tuning fork (512 Hz) normally.”
My Repudiation to RSA Report p. 6, par. 6:
I had suffered malicious assaults veiled as diagnosis or treatment by treating medical professionals due to the Jan. 16, 2018 fall. I suspected Dr. RSA might do some harm too out of my view. I CAUTIONED him if he really needed to use a needle-like thing on me. I never intended or showed threatening to him. It’s only his own false feeling. I did feel the vibrating tuning fork put on my shins’ lower ends, but I felt extra pain too. It should be a Tinel sign, but Dr. RSA reports as “normally”. So, only one test of only one sensation at only one pair of spots was done, and mis-reported.
Part. 3. My Response to Dr. RSA’s 2nd Review of Documents
I was not served a copy of the documents Dr. RSA had reviewed for the 1st time or for the 2nd time. No document ID# was included in Dr. RSA’s reports, and some documents in the WCB eCase folder may be different versions of the filing about the same matter or medical service or anything. Thus, for the “chart” and “documents” selectively picked by my opponent parties for Dr. RSA’s review, I am more or less unsure of the EXACT content and quality. My 2nd round repudiation would then be on whatever I found out to be downright wrong or false. Note, I am not a medical professional, not a lawyer, and I have not known many things yet. Also, the documents in the eCase fold are too much for me to process under my circumstances. Writing a response to this RSA IME report has already been a crushing load to me. So please understand, MY CURRENT RESPONSES to DOCUMENTS MAY BE VERY LIMITED IN DEPTH AND BREADTH.
RSA Report p. 1, par. 1 writes, “I would first draw your attention to my prior report of September 17, 2019, in this matter. I wrote a review of the above-named claimant’s chart and concluded that there was no clinical indication for the C-4 authorization request by Dr. Golzad for additional balance and vestibular therapy. I based that conclusion wholly on my review of 15 tabulated documents that were sent to me at that time. Some are included again in my new review of documents (below) that are part of the present neurological Workers Compensation examination.”
My first rebuttal to Dr. RSA’s first laundry report has been served to the WCB and my opponent parties. No matter only “15 tabulated documents” or how many more documents Dr. RSA reviewed in the 1st or 2nd round, his starting point and direction determine his review outcome to be biased against me. Both review outcomes from Dr. Robert S. April are as biased as a grave fraud against me. His first review “educated” the wrong idea about standard head trauma diagnosis protocol. His second review demonstrates his malicious intention to mislead whoever has a genuine interest in fighting justice, truth and life for me the injured victim. Many simple specifics, such as dates, could not even be correctly copied, or were deliberately falsified by Dr. Robert S. April. Such phenomenon showed once again in this Nov/08/2019 laundry report’s section “REVIEW OF DOCUMENTS”. THEREFORE, DR. ROBERT S. APRIL’S REVIEW OF DOCUMENTS SHOULD NOT BE CONSIDERED AS EQUIVALENT TO THE ORIGINAL DOCUMENTS, BUT SHOULD BE TREATED AS EVIDENCE OF Dr.RSA’S OR HIS UPSTREAM’S MALICIOUS FRAUD AND DISTORT.
About “additional balance and vestibular therapy,” I did not ask or argue for it. I searched online. It involves with physical exercises. Physical exertion, as simple as sitting-up, standing, walking, can exasperate my symptoms. I don’t have the interest or strength for worsening. Additionally, there was no prior “balance and vestibular therapy” requested by Dr. Mehrdad Golzad’s office (New York City Medical & Neurological Offices) for me, and there was no “physical therapy” authorized by any party to Dr. Mehrdad Golzad’s office for me. Thus, the word, “additional,” is meaningless and misleading. For a long time, I have talked about that my craniocervical junction area must have been seriously injured to become instable due to the fall, and I have asked Dr. Mehrdad Golzad directly or his office Medical Assistants who saw me on the appointments to refer me to a specific spine specialist (WCB-authorized) and a 2nd head-MRI. They didn’t want to hear it or do it for me. Only on the most recent visit, on Nov. 26, 2019, under my desperate request, another new MA seeing me at NYCMNO provided a general referral to unspecified spine specialists and only mentioned about my neck pain, as well as a referral of 2nd head-MRI at a specified MRI facility.
Other medical providers do not even provide an appointment in the beginning or for a follow-up or abruptly told me all future appointments have been cancelled. When I did have appointments at other medical providers, their service attitudes toward workers’ comp patients or generally patients were generally not better. There might be long waiting hours beyond the appointment time in the waiting area or an exam room. The seeing by an assistant or a physician may be as short as a couple of minutes without listening to my complaints of symptoms. My written statement of symptoms to them could not bring much change. The attitude from front-desk, technicians, nurses, assistants, to physicians may be times shunning, taunting, or openly hostile. Some are covertly or overtly vicious to harm me more, or even to ruin me to death. I have my native rights to my own views, life, liberty and happiness too, though. That’s how largely how “no medical evidence” originates, i.e., through no service or no recognition on medical record, not because of “no medical symptoms” or “no medical need”.
Therefore, the medical “records” themselves already carry intrinsic problems. Many of the claimed-having-done tests on medical “records” have actually not been done. Many of the medical exams were actually very hasty and brief. Many of the medical “records” exclude or distort my complaints of symptoms. Many things, particularly “normal” findings, on the medical “records” may be completely fabricated by medical providers. Some crucial imaging services or evidences demonstrating the severe trauma to my head (brain) and spine (spinal cord and nerves) were maliciously denied from my access by various parties of this corrupt system. The diagnostic images of my head and cervical spine were either blurry or incomplete from a 3.0 Tesla MRI machine. The radiology facilities usually blame the blurriness on my moving during the scans, but the reality is I didn’t voluntarily move or didn’t sense I moved during the scans.
RSA Report was quoted by quotation marks and listed by rhombuses, and my responses were led by arrowheads.
“REVIEW OF DOCUMENTS: The following documents were reviewed:
RSA Report p. 6, par. 7 to p. 7, pars. 1 & 2 writes,
“IMPRESSION: This 45-year-old male manifested disruptive, inappropriate, psychotic behavior during the three hours he was in my office today. The most striking part of my observation is that it did not correlate at all with any behaviors described by the many other providers whose reports I documented above.
Based on my observations and review of medical records, as well as my prior report that contained a review of documents only, I have concluded with reasonable medical certainty that there was no physical sign of neurological or physical limitation on this examination, no objective signs of any kind of injury and a severely dysfunctional, psychotic mental status that was related to his personality. Furthermore, there is no causal relationship of the neck and the left elbow to this work-related incident. There is also no medical reason for an MRI to the neck.
I, Robert S. April, MD, being a physician duly licensed to practice medicine in the State of New York, pursuant to CPLR Section 2106, hereby affirm under the penalty of perjury that the statements contained herein are true and accurate. This report is a full and truthful representation of my professional opinion with respect to the claimant’s condition in accordance with Workers’ Compensation Law Sections 13-1 (4) (e) (i) or 13-m (4) (e) (i), as appropriate.
Robert S. April MD MA
Diplomate, American Board of Psychiatry and Neurology
Fellow, American Academy of Neurology
Fellow, New York Academy of Medicine
Attending Neurologist, The Mount Sinai Hospital
My Repudiation to RSA Report p. 6, par. 7 to p. 7, pars. 1 & 2:
Dr. Robert S. April, like some other physicians, predates on vulnerable patients who may have little resource or knowledge but much trauma. These predators may conspire with powerful perpetrators as high as the state and/or deep state level to provide absurdly wrong “expertise” misinformation or “objective” findings to fool, torture, and even murder patients and victims.
Let me use the neck trauma as an example. Dr. Robert S. April selectively neglected the positive signs and selectively repeated the negative “findings”, such in the Feb. 06, 2018 report from Complete Neurological Care. He is such an old man, very likely to be in his upper 80s, having probably practiced in neurology for about sixty year, so he should have read my Aug. 07, 2019 version of written statement about how the fall happened, and my “subjective” complaints of tetraplegia in the Questionnaire and in the same printout too, and some bits of “subjective” complaints included in other physicians’ medical reports, and the reports of the diagnostic imaging, and the best the diagnostic images themselves, and then he should have reached a reasonable diagnosis that all such indicate a serious neck injury and an honest high-resolution MRI should be indicated to help a life. If Dr. Robert S. April had been aggressive in finding the medical truth as a medical professional, he might have reached a more reasonable diagnosis that the craniocervical junction may be seriously damaged, and that it is a life-threatening situation on it own, regardless of the severity of head trauma. Sadly and madly, Dr. Robert S. April professionally chose to create scenarios and findings with his psychiatric specialty to shame and blame my personality. IF THE SHAME SHOULD NOT BE PLACED ON DR. ROBERT S. APRIL ALONG, THEN THE SHAME SHOULD BE RIGHTEOUSLY PLACED ON SUCH A SYSTEM. IT IS THE SYSTEM THAT PROPS UP THE BLATANT FRAUD, RUTHLESS TORTURE, AND SHEER EVIL.
If you think my statements are outrageous offense to your dignity, the system or whatsoever, then what about these outright offenses to my life, liberty, and happiness in the first place? I wish the repercussion of this document does not bring me ruin further. I hope my action of such fearlessness brings some change of the better to me and the world, a land of the free, a home of the brave, a space of the truth, and a place of the justice.
Part 4. Legal Brief for My Oct. 31, 2019 Appeal
Before the Jan. 16, 2018 fall injuries, I had been working very diligently for the employer B.W. Wide Auto Body Parts Supply, Inc. pretty much six days a week continuously since Aug. 2015. It’s not my exaggeration that I was placed with two full-times workload but with only one worker’s legally minimum wage plus overtime and company-wise routine bonuses. I still did my slavery job with high quality. However, while the company management needed my work, they tortured me by many means, for example, using some lazy but ferocious individuals to verbally assault me, to physically threaten me, to deliberately overtire me, to falsely blame me, and to intentionally hurt me. Before Jan. 16, 2018, there had been multiple times I know some perpetrators tried to inflict serious injuries to me at this B.Q. Wide Auto Body Parts warehouse. Objects like foot-long wood shards and steel bead of ~ 1 cm of diameter size were flying toward me from my back, or heard hitting metal shelves, or then found at my exclusive working spot.
They foul-played the ladders many ways many times. On the Chinese New York of year 2017, a Saturday, somebody must have deliberately moved a company van slightly ahead so it would block a rolling gate of the loading dock. It’s a freaking cold day, and I was the only worker working constantly in that open cold area. The delivery vans had gone out, nobody else bothered to close the rolling gates. I was always busy, and when I passed by the control buttons, which are at least fifty feet away from the rolling gates, I pressed the buttons and left the spot. Soon I heard the weird noise and came back to find one rolling gate now fucked right over the front edge of that van’s hood front edge. The store manager Mr. Simon Y. was mad at me, and even said Chinese could not trusted. Then, Simon and another laborer, by an English alias Paul, who was often vicious to me while I often tried to ignore him, told me to hold alone at one end of a ~20 or ~15 ft high steel rolling ladder at a lower position (i.e. at the loading pool). Such ladder’s total weight is over 400 lbs. That lifting of over 300 lbs by me alone, as I estimate, for minutes could have caused serious injury to my spine. Simon and the other laborer together were holding the other end at a high position. I hadn’t known this kind of danger until I later learned a little of medicine on my own due to the Jan. 16, 2018 fall. After moving the heavy ladder, then I heard there is an electrical reset button on the electrical motor for the rolling gate, and such rolling gate fucking up on a van hood happened before, and using a fork-lift for a person to reach the reset button would be the easiest and known way.
Another time, in early summer of 2017, a coworker, by the English alias Franky, suddenly came over to say to help me move the rolling ladder. I didn’t need such help, but it’s hard to say no to help, especially rare help. When I was holding a big box of headlight with both hand and walking up to probably six feet height, the helper suddenly pushed hard the unlocked rolling ladder. I was so lucky that I was quick at that time to reflex and re-balance. Otherwise, falling backward off that height with a load on hands could have been serious or even fatal.
Taking off a roller from a four-roller high ladder was another way for the perpetrators to hurt me. One Saturday, I worked as usual on the auto lights, and found a front roller of such ~20 or ~15ft high rolling ladder was missing. The missing roller was nowhere nearby to be found. I was supposed to almost exclusively use that broken high rolling ladder for my routine weekend stocking of headlights to high shelves. The next Monday morning, I checked on that ladder and surprised to find the missing roller was back on. On Jan. 19, 2018, Friday, it’s a check payday, and I went back to B.Q. Wide to try resuming work. There was a label to pull a fender from a high shelf at a warehouse corner. The ~20 ft or ~15 ft high rolling ladder stationed at the crowded corner was once again found by me to miss a front roller, and once again the missing roller couldn’t be found nearby. What’s more, the left front roller was manipulated somehow to go wheel up in the air, i.e. the ladder couldn’t be rolled at all. I reported the broken ladder situation to the warehouse manager Mr. Benny Fang. Mr. Fang was showing sheer anger toward me by springing up from his chair, snapping the label from my hand, and slamming the door open to storm out. That’s a sign of the employer’s attitude to me, after I fell off an 8-ft stepladder which must have also been tampered by perpetrators in an once again crowded-up space on Jan. 16, 2018. That’s the second day since the yearly job rotation among the entry-level hard-laborers, and that tampered stepladder was presumably for my exclusive use for the fender job in that area.
I heard before that there had been drastic things under the headquarters company KSI Trading Corp, such as employees’ sudden death or paralysis at home, employee being crushed by fork-lift to the warehouse roof, employee worked-injured going through Workers’ Comp process, etc. I thought I had been careful enough against such kind of malice, and unfortunately I was so wrong. The fall mechanism of vertical acceleration-deceleration compression, head and neck whiplash of hyperflexion and then hyperextension, sideway jerk to the spine was described in full details in my Aug. 07, 2019 version of written statement, included in this round of file uploading to WCB. I was seriously injured, but the employer side simply tried to get rid of their evidence, of their liability, of me the victim. The decades-old business never gave me an employee handbook or a copy of the heavy deck of paperwork I needed to sign at the beginning of this employment. The management side either kept silence, or claimed not knowing about the workers’ compensation process, or then taunted me with new employee online account impossible to set up.
Beyond the employer’s hostility, I don’t feel much difference from many other parties of the world. After the Jan. 16, 2018 injury, employer B.Q. Wide gave a sheet or two of paper for the workers’ compensation case. Only very lately I figure out on my own that I was namely an employee of a Professional Employment Organization Trinet/SOI, but my direct employer was B.Q. Wide Auto Body Parts Supply, Inc., a branch of the headquarters company KSI Trading Corp. Cannon Cochran Management Services, Inc., is the Third Party Administrator of TriNet/SOI’s workers’ compensation cases. I was asking other related parties about the relationships, but no party told me anything or the truth. WCB states that the WC insurance is Indemnity Insurance of North America, and my former WC attorney’s law firm Bangel, Cohen & Falconetti added MANY names and seemingly contact information of insurance companies, but when it came to confirm or request anything, none of such “insurances” proved to exist or to work. The TPA CCMSI has contact information (PO box addresses) ALL ACROSS the United States and a lady by name Lisa White to correspond with, but the attempted contact VERY OFTEN fails because of phone # not valid any more or no response at all. From the very beginning, the employer and its TPA CCMSI distorted information as simple as wage (from ~$650/week to $400/week), work days (from 6 days/week to 5 days/week), dependents (from with minor dependents to none), what I was doing when the fall happened (from stocking a fender to top-shelf to getting a part), etc, and denied their fault and the no-fault WC case altogether from the very beginning. I brought up my concerns of such misinformation to WCB and my former WC attorney’s law firm BCF, but nobody responded and nothing changed. In early January of 2018, i.e. right before the date of injury Jan. 16, 2018, the Medicaid-sourced EmblemHealth sent me the mail with the misinformation about my PCP. Long after I followed their mislead to have a hard time changing my PCP, I suddenly found out that my then current PCP was NOT Dr. Charles Hwu at all. It was an assigned female PCP I never visited for the previous years. Within a couple of hours, the first appointment to the EmblemHealth new PCP Dr. Allan E. Beyda was postponed for one week. The Jan. 29, 2018 visit did not bring me a proper medical report, and his handwritten medical note was different than what actually happened in the exam. The referral to an EmblemHealth neurologist ended with just wasting time, effort and personal information. The second visit, on Aug. 07, 2019, to Dr. A.E. Beyda ended with a no-exam and a partial referral which later claimed the WC insurance information “doesn’t work”. When I did get a referral for spine MRI, my contact to EmblemHealth for coverage on the MRI ended with widespread blockage, and even my phone could not call EmblemHealth’s customer service number any more.
By concept and propaganda, it appears the Workers’ Compensation isn’t supposed so hard for an injured worker to seek medical service on injuries and recovery on lost worktime. The practice and reality are so dramatically different. There seem to be so many physicians listed as WCB-authorized, but my contact to them ended frequently with no medical service available, due to various reasons such as the listed phone # not working, no answering, the needed WC insurance information not working, the WC insurance adjuster not responding, not accepting WC case patients any more, the doctor of not the right specialty you need, a referral is needed first, on the phone telling me to walk in and then in the office telling me no such physician here, not accepting you because your current WC case physician is my friend, not accepting you because you don’t have a lawyer, not accepting you even if you have a lawyer but we don’t like you and/or your lawyer, etc. When I did find on my own some WCB-authored physicians whose offices didn’t reject the injured worker right at the beginning, some asked me to call the WC insurance adjuster to get the AUTHORIZATION before setting up an appointment with the clinic. There seems to be so MANY contact informations from so MANY insurances or whatever on my case, generated by WCB, BCF, CCMSI, and even by NEIGHBORHOOD RADIOLOGY. After I was told by Neighborhood that my just retained attorney and his law firm didn’t represent me, some female voice called me on Feb. 20, 2018, with a phone# shown as (818)346-8700 (Note: not New York local area code (718)) claiming she was from Neighborhood Radiology, and told me that the WC insurance was something I never heard of. When I had the four MRI’s at three different days on four trips, the insurance information Neighborhood filled in seemed to be different on these 4 MRI’s. The eCase folder had two identical files (Doc ID# 304112502, 304112545) stating that Angelo F. Rizzo of Rizzo Law Group, PLLC represents Neighborhood Radiology for unpaid bill of $878.67 for the 03/24/2018 MRI’s, and that One Call Medical is the carrier and the claim number is OCMP02084137. My contact to CCMSI adjuster Ms. Lisa White sometimes worked, and then the clinics were AUTHORIED to see me the patient. The employer and its TPA have always been denying the liability and responsibility, how such AUTHORIZATION from deniers would lead to a fair medical evaluation and/or treatment on the victim injured worker? The reality outcomes prove the ABSURDITY of such a SHAM INSURANCE system: Dr. Ahmed Elfiky’s office split a Mar. 29, 2019 appointment out of the initial Mar. 05, 2019 visit, and but by Dec. 2019, there still is NO such a medical report although Dr. Elfiky’s staff claimed they had filed it to WCB; My Apr. 03, 2019 visit to Dr. Albert S. Steinberger ended with a surprise medical note provided by the defense’s law firm Jones | Jones lady right on the hearing scene, with a box ticked with a stroke, claiming capability without restriction. Such a file on the eCase folder was later somehow replaced with a print version under the SAME Doc ID: 4000053446, and its handwritten version I downloaded to my computer was somehow changed not by me to the print version too. The print version still used a hypothesis as a fact base, i.e., a CT scan only for C-2 don fracture or not as C-2 not fractured and then equivalence to overall normal health, but it UNDERLINES the word “NEUROSURGICAL” in his final sentence, “in view of his other symptoms no further neurosurgical treatment would be indicated at this time.” Anyway, there was no neurosurgical treatment at all, so there is no need for word “further”. My Apr. 04, 2019 visit to Dr. John M. Caridi ended with a referral of MRI on cervical, thoracic, and lumbar spine and his good-effort medical report to WCB. Dr. Caridi’s office didn’t ask for AUTHORIZATION for my only visit, but kept answering me that they didn’t even get any response from all the contact informations of this case, leaving alone the AUTHORIZATION to MRI’s. WCB on the phone or on the hearings would not help, instead, would claim MG-2 form (for treatment out-guideline) is needed for diagnostic test MRI, or say no attorney any more then no case any more.
My follow-up visit to Complete Neurological Care and Booth Medical Services was stopped by my former WC attorney’s law firm BCF. BCF made medical appointments for me to two of their business connections: New York City Medical & Neurological Offices (NYCMNO), and New York Medical & Diagnostic Center (NYMDC). Appointments, diagnoses, and treatments seemed a lot easier for me to go along the business managed chain, and I got the compensation at 2/3 of my prior wage for near a year. However, SUCH MEDICAL SERVICE DIDN’T BRING MY HEALTH BACK. INSTEAD, IT DETERIORATES. WHEN I LEARN AND INVESTIGATE, I FIND THESE TWO MEDICAL PROVIDERS DIDN’T EVEN START TRUTHFULLY IN THE VERY BEGINNING. THEIR OWN AND THEIR BUSINESS-CONNECTED DIAGNOSES AND THEIR MEDICAL REPORTS WERE LAUNDRYING FOR THE EMPLOYER/INSURANCE/PERPETRATORS IN THE VERY BEGINNING. THEY MANIPULATED THE TESTS AND RESULTS AND THE REPORTS. WHAT’S MORE, AS I SPECIFIED IN THE PART. 3 OF THIS DOCUMENT, SOME MEDICAL PROFESSIONALS AT NYMDC PROFESSIONALLY WANTED TO AND MALICIOUSLY DID HARM ME FURTHER, AND THE MEDICATIONS PRESCRIBED HAD SERIOUS EFFECTS, SIDE-EFFECTS OR NOT, TO THE LEVEL OF POTENTIALLY FATAL. INSTEAD OF REALLY SAVING MY LIFE, THEY DIDN’T ACCEPT OR REPORT MY DETERIORATING SYMPTOMS, AND THEY USED HOSTILE TRICKS ON ME, AND THEY ARE CONSPIRING TOGETHER TO BLAME MY DIRE HEALTH SITUATIONS TO ANY PRE-INJURY DISEASE “OBJECTIVELY FOUND” BY THEM. TO MY INVESTIGATION AND BELIEF, MY FORMER ATTORNEY’S LAW FIRM IS PART OF THE CONSPIRACY ON MY LIFE, AND SO IS SOME PEOPLE WITHIN THE NYS WORKERS’ COMPENSATION BOARD AND OTHER GOVERNMENT AGENCIES. Some readers, particularly deniers, would claim that I am psychotic to say such. Let’s just look at the issue of my spine injury.
New York Medical & Diagnostic Center did two sets of X-ray imaging on my cervical spine, on Feb. 15, and Mar. 08, 2018, both before the first WCB hearing on Mar. 12, 2018. The integral image data would have demonstrated severe damage on my cervical spine. But, NYMDC kept denying even the existence of the open-mouth view x-ray image. On the Mar. 12, 2018 hearing, BCF attorney Mr. Matthew T. Swanson (representing me) and WCLJ Mr. Anthony Golden used the faulty Feb. 16, 2018 Dr. Benjamin Uh medical report to rule as a prima facie injury on my neck. Multiple times, WCB even sent out notice mails claiming the physicians’ requests for treatment had not been emailed or faxed to the CORRECT contact and thus either requiring the requestors to FIND the CORRECT contact and re-request or WCB making the authorization instead. THE LONG TIME PHYSICAL AND CHIROPRACTIC THERAPY ON MY NECK REQUESTED BY NEW YORK MEDICAL & DIAGNOSTIC CENTER WAS AUTHORIED SUCH WAY BY WCB. NYMDC treated my NECK and the WHOLE BACK. AT NYMDC, CHIROPRACTOR DR. YAZAN RAJAI JABAJI MALICIOUSLY TWISTED MY NECK AND THRUSTED MY BACK ON FEB. 17, 2018, AND PHYSICAL THERAPIST AJI THARIYAN VICIOUSLY PULLED ON MY HEAD AND NECK ON APR. 10, 2018, ALL UNDER THE DISGUISE OF TREATMENT. Multiple WCB eCase folder documents, somehow disguised as narratives of Dr. Mehrdad Golzad, but actually from IME vendor BCI, have shown neck and back as part of the established injury sites, but later in year 2019 my opponents simply deleted “neck”, and changed “back” to “lower back” in the list of established injury sites. On the Feb. 01, 2019 hearing, while BCF still represented me, the conspirators not only completely suspended the temporary compensation, but also fabricated a non-existent March 15, 2018 IME on that hearing decision by the same WCLJ Mr. Anthony Golden. The conspirators in this corrupt system then falsely accused me of not attending many IMEs they set up, and then they took the “neck” off and changed “back” to “lower back” in the established lists, and then they wouldn’t allow a possibly honest MRI on my cervical, thoracic and lumbar spine. When the new MRI data showed at least some serious damages on the spine, particularly neck, WCLJ Mr. Lucky Enobakhare wouldn’t even allow me to talk about the neck issue during the hearings. Instead, Judge Mr. Enobakhare showed his body-language anger to stop my talk on the issue.
Although a recent minutes document in eCase folder claims this claimant always requires long hearing time, the time for me to talk during the hearing is VERY LIMITED. Instead, on the Feb. 01, 2019 hearing, WCLJ Mr. Golden told to the defense attorney a joke after I was called to the room. I got very little, but I heard the joke had the words, “sarcasm”, “alleged”, “allegedly”, “kill”, “doctors”. Then during that Feb. 01, 2019, Judge Golden didn’t let me answer well about the recent visits to treating doctors. The BCF attorney Mr. Jeffery Feldman, supposedly to represent me, didn’t say anything but a code to them, and wasn’t asked by the judge. Then, the miserable decision was typed and read during the hearing.
I don’t expect much that my appeal will bring much change I hope for. This document could bring me tremendous danger, instead. However, I still hope for the recovery of my life, liberty, and happiness, and the justice to the perpetrators. It was not a pure accident, not an innocent negligence; it is criminally intentional premeditated and coordinated murder attempt on my life. I request an honest and high-resolution MRI on my head and the whole spine for a truthful finding on the trauma. From a true base, the doubters may be convinced that I have sustained severe head trauma and tetraplegia which have severely impaired or even endangered multiple vital systems/organs, including respiratory, circulatory/heart, musculoskeletal, and reproductive systems. I then hope the system can serve what it’s supposed to serve, health recovery, compensation, and justice. If the authority can investigate this case as a criminal case, I would like to appreciate more.
Very Truly Yours,