Injury to Sammie Gairin
Employed by A.V. Concepts 1917 W 1sst St.Tempe Az(480) 557-6000
Date of injury 053000
ICA # 20001610347
Time of injury 10:15 10:30 A.M. . immediately following a safety lecture Two employee's of Rhino Staging were to unload a liftgate style Ryder truckI was to direct them.
When both guys are inside the truck one of them must hold onto the case as the liftgate is moving.
This was not the case.'as the gate began to come down with a case that weighed well over 500 lbs.(closer to 900)the case rolled gaining momenteum and slammed into my right knee at this point I began to yell; What are you doing? The guy's both in the truck, attempting to move another case, immediately turned their attention as well as everyone else's in the warehouse to me and what was about to unfold.
I don't know which one did it but they shut off the liftgate and made it worse. Now not only was the the case against my knee now, stopping the lftgate caused the case to tilt (come up off the rear wheels) all aof its was was now on my knee joint. Now I'm yelling ,hey get this off me, now.
At this point I am really starting to attract attenton of the other staff now, one of them (in the truck) pusheed the button to star the liftgate moving again, but he pushed down instead of up. Their gate began to move downwards as it was crushing my leg with not only the case of equipment, but with hydrolic pressure too. "Stop, stop stop it", I screamed quickly but not quickly enough some one in the truck shut off the liftgate (the controls were notwithin my reach there on the ground) . Still trapped by the liftge and case I thought it was over, no, not yet both young men were about six feet tall 175 lbs they seemed to realizejust what had happened (Danny Hously was first ?) began to come to my aid, realizing I was trapped both guys jumped from inside the truck bed apporx. 4 -5ft off of the on to the lft gate as the youngest one hit first I grabbed for him to get his 200lbs extra off of my knee, The one I worked with before noticed this and jumped off theliftgate as quickly as his weight beared down in addition to what was trapping me there.
I do not know who finally released me but Danny H. lighting dept.) was there and said d**n it you know this wouldn't have happened if we just use are guy's those rhino guys are dangerous.
I tried to stand on my leg for a while , we had a very busy schedule, specially with my boss leaving town and later to have knee surgury of his own we had TRUCKS to load/unload [pull, inspect reurn exchange repair order in, design equipfor] the show must go on. Well, after someone got me a chair and some ice the new lady from HR came down to see if I wanted to go to the Dr. While arranging transportaton for me HR lady obviosly I could ride My HARLEY for a while I called my friends Scott Harkema and Mary to arrange transportatin home for myself.
Dr''sMBI clinic dr. Joe Meloni
MBI dr. other than meloni
Dr. meloni req. to creasmen
Dr creasemean Ssurgury sched Surgury cancelled typo at state fund cancells surgury just before it was to begin Rescheduled surgury approx 2-3 weeks later
Call as I was leaving my house surgicenter caught fire
Rescheduled for later same day at good sam no antibiotic that I was not allergic to.
Creaseman elects to operate anyway. described surgury to my sister as needing a great deal more than he expected preps me for further surgury does not remove tumor Creasemen on vacation see PA in his office assures me no infection present
Start phys thearpy in about 1 week Phsy.
Therapist stops program it seems to be doing more harm than good Dr. creaseman re-evaluates talks about further surguries and prescribes unloader brace. August released to modified work AV Concepts was going to train me like they had said to use their compter sys.
Not just the repair restock order and maintaince of their facility I HUNG SIGNS MOVED OFFICES LOADED TRUCKS ORDERED SUPPLIES PICKED UP SUPPLIES YES I WAS WORKING FOR ALL THE DEPTS IN MANY CAPACITIES.
BUT WHEN I RECEIVED A DEMAND LETTER FROM av CONCEPTS TO APPEAR AT WORK AND ONLY WORK 4 HOURS A DAYi WS SHOCKED. THAT'S NOT LIGHT DUTYOF LIMITED DUTY THAT'S UNBELEIVABLE I COULD JUST PAY THE BILLS ON THE 60 + HOURS A WEEK I WAS WORKING I SURELY COULDN'T MAKE IT ON ONLY THE 60% OF A STRAIGHT 40 HOUR THAT WORKERS COMP PAID ME.
NOW It was getting worse. Injune 2000 I took in my first roommate. Here I am at almost 40 yrs old living in a nice house(parents, it was my inheritance) on a golf course with a new Harley, just accepted to law school Well when I got home from MBI clinic with cruthes and in a good deal of pain, how was I to know that I would not be able to even bury my parents poor little dog. She died that evening and I couldn't even buryher I called around and finally found someone who would dig the grave here at my (parents) house. I've never been on workmans comp before and didn't know anyone who hadmoney's tight and now I cant work for two weeks,or dso I though(now it's been over a year.yes ive tried to work even had to leave AV concepts workmans comp said so. You must take a job that will work you for more hours or they will stop paying you. AV concepts would only give me four hours a day , they (H.R.)saidi we don't have any light duty work here, you were just warehouse help what do you mean computer training.)
One day over the few that I wasthere I stayed 15 or 20 minutes late clocked out and was waiting for my ride Karen (HR)came out to the parking lot and started yelling at me. Hey what do you think you're doing while holding my time card. II was stupified until I remembered that AV Concepts had sent me a paid holiday check for 7400 then called me and asked me to please return it, expalination well Sam you didn't work on the preceding day so you don't qualify for it. This was the way everything reguard my caswe has gone.cancel surgury stress related thereto, delay in surgury , surgicenter catching fire on my day, no antibiotics as a prophalactic for all arthroscopic surgury, Creaseman not available to discuss surgury with me (sister Toni) was out of town(creasmanhad explained the procedure to her they did they forget totell me anything else? Now my knee is no better than before the surgury,they sent me to Moscynski,22nd opp. Then to a PHD who said it was obvious that I required further treatment and I had learnecd to accommodate well.
When you cant even shower without this brace on, having sex is almost immpossible you can do the one other thing that can just make everything alright because of that stupid case and thatliftgate truck you get I don't unbeleivably stresssed.. Then they repo my Harley I was physically sick for days it just tore me up hey Creaseman said I could be riding in two weeks before he did the surgury, but it didn't work that way now they say I'll never ride( canthold it up with just 1 knee) again I just want my life back.
Now after selling off almost all of my inheritance, personal belonginmgs collections of guns, knives tools ,toys, cars, jewery, and almost any other thing of value that I could scrape together Ive filed chap 13 can't make the payments and they are forclosing on my home that's right Ill never ride again but that's ok I wont have a place to park it anyway.