In actuality, the Commissioner wisely chose to view privately the entire film and, in fact, informed us that he shared it with his children, who enjoyed it immensely. He judiciously refrained from giving his personal opinion of the film, but we were left with the impression that, through the film, he was better able to understand that Lory’s passion for animals is the motivating force in her life, in spite of her quadriplegia.

The film, a story of courage and survival, presents a powerful message of Lory finding meaning in her life after a horrific accident while employed by CSX. It shows her valiant day-to-day struggle against overwhelming odds and achieving success in providing a safe environment for her beloved animals at her sanctuary.

About the hearing:

The Maryland Workers’ Compensation Commission (MWCC) hearing was called at Lory’s and her attorney’s request to reach resolution on the following issues:

*Provision of two wheelchair batteries and a battery charger for the Omegatrak (the chair requires 2 batteries to operate)
*Reimbursement for wheelchair repairs and part replacements for the Quickie P300
*Compliance by CSX with the recommendations made by their case manager nurse
*Repair and/or replacement of shoddy wooden ramps and too narrow metal ramps installed by CSX’s contractor
*Provision of a bed frame and mattress, previously ordered by the MWCC on 3/13/06
*Authorization and payment for routine medical supplies (all of which were physician prescribed)
*Reimbursement for medical payments and medical related mileage
*Provision of a spare wheelchair cushion and a transfer board (previously ordered by the MWCC)
*Provision of the shower/commode chair previously ordered by the MWCC
*Increase in the attendant care rate that has been in effect since 1992

The hearing was held 11/8/07 in Baltimore at 9 am. It was unusual in that only Lory, her parents, her attorney, CSX’s attorney and an associate, and the Commissioner were present. Consequently, the atmosphere was much more relaxed.

At the hearing, Lory was admirably represented by her attorney Stephan A. Timchula, who presented her issues in a cogent, concise, and convincing manner. In an attempt to be impartial, I would like to be able to say something positive about the opposing attorney, however, what can you say about an attorney who represents a multi-billion dollar corporation and argues to the extreme thatLory does not need, for instance, baby powder prescribed by her physician, and used by her since 1991 to dry her skin after catheter leakage and to facilitate an easier slide on her transfer board, and that CSX should certainly not have to pay the whopping $2.54 that it costs.

In response to Attorney Timchula’s question as to why he received a 39-page report prepared by CSX’s Broadspire employee the day before the hearing, the opposing attorney replied that she only received it a month previously, she was busy and not sure she would use it at the hearing, and that it must have gotten “lost in the shuffle”.

In the week prior to the hearing, CSX finally approved the purchase of two wheelchair batteries and a battery charger for Lory’s Omegatrak wheelchair. This was six months after Lory’s initial request, numerous requests by her medical supply provider, and several letters from her attorney. Do you believe in coincidences? Was it a coincidence that this was approved one week before the hearing or were the numerous requests also “lost in the shuffle”?

Bear in mind that without the batteries, Lory’s wheelchair was totally inoperative for this 6-month period and that without any other resource Lory would have been bedridden for this entire period. Through the efforts of Lory’s father and her primary attendant, numerous parts were replaced and repairs were made to her over 10-year-old Quickie P300, which was a used wheelchair when Lory initially acquired it in 1995. Notwithstanding, CSX has adamantly refused to reimburse Lory for any replacement parts or repairs to this wheelchair. Compassion, caring, or callousness? You decide.

Other items that were approved by CSX within days of the hearing were a mattress and bed frame (ordered by the MWCC on March 20, 2006); reimbursement for suppositories, dating back to 7/19/05; and reimbursement to Kelly Services dating back to 9/20/06, for which Lory had been dunned by a collection agency. It is in no way unusual for Lory to be dunned by collection agencies because CSX has not paid bills for which they are responsible. In fact, this pattern was first established by CSX in 1992 when CSX was delinquent in paying for Lory’s medical expenses during 1991, when she was in a coma at Maryland University Shock Trauma, being treated for her original injuries.

As to the results of the hearing, Lory did not win anything outright, but she did not lose any issues either. The Commissioner essentially ruled that he would hold all matters in abeyance until a qualified independent nurse is appointed and performs a medical evaluation of Lory’s overall situation.

It should be noted that CSX hired an independent nurse to evaluate Lory’s situation years ago. She visited Lory on several occasions and in her reports she made recommendations favorable to Lory and supportive of Lory’s position on matters under contention with CSX. However, CSX disagreed with her assessment, and declined to hire her in the future. Since the Commissioner is locating the new nurse, hopefully her recommendations will not be so easily or cavalierly dismissed.

In addition, the Commissioner ruled that an independent wheelchair specialist be engaged to evaluate the various issues revolving around Lory’s wheelchair, including repairs, maintenance, and reimbursement for numerous previously incurred expenditures amounting to thousands of dollars which she has been forced to spend, out of her own pocket, in order to maintain her mobility.

While the program is well intentioned and provides a valuable lifeline for injured employees, it has been rife with fraud and abused by many. As a result, employers and insurance companies view almost all workers’ compensation recipients as cheats, liars, abusers, and persons committing fraud. This viewpoint encompasses every recipient, from those with phantom neck, back, or leg pains through those who are brain impaired or suffer the traumatic effects of a spinal cord injury. In the eyes of the employer or insurance company, they are all scabs who are trying to get something illegally or that they are not otherwise entitled to. It makes no difference what the claim or injury is; the workers’ compensation recipients are all viewed as leaches and should be stepped on. The fact that such treatment holds down the companies or insurers’ overall costs and thus increases their bottom line profits just happens to be a wonderous by-product.

Thus, the motto of employers and insurers is delay, delay, and delay. When the delay has gone on to an unreasonable extent, then deny. What recourse then does the injured employee have?

The injured employee is allowed to file “issues” with the State Workers’ Compensation Commission. The hearing is then scheduled several months later, where the issues are addressed before an impartial commissioner. Generally, weeks or months later, the Commission issues its ruling in a Final Order.

As one can see, much patience is needed if you are a workers’ compensation claimant. It’s not unusual for an employer or insurer to delay compliance with an adverse order issued by the Commission, for they know the recourse in such an instance is that the injured employee must, once again, file an “issue” with the Workers’ Compensation Commission! And the beat goes on….

Lory and her family have spent the last 17 years observing, first-hand, how the “game” is played by the employer/insurer. It has been a constant, ongoing battle, with many small victories (such as bottled water), and just as many huge, devastating losses (such as a van, or psychiatric help).

This is not a game to Lory. It’s her life!

There is absolutely no doubt that Lory is permanently and totally disabled. There is no doubt she requires much assistance from a village of caregivers, family, and friends in her life. She does not abuse her equipment, but rather lives in an environment that takes its toll on her wheelchairs.

Lory is determined to live her life to the fullest, to the best of her ability, and in spite of her disability, by following her heart and her passion where the animals are concerned. Her animals are the meaning for her life. They are her life’s purpose.

Because of the documentary, CSX has an opportunity to attempt to understand that Lory is using the land that CSX provided to make a difference in the lives of abused and abandoned animals. It would make a powerful statement if CSX could rise above their adversarial position and become Lory’s ally and partner in this endeavor. What a story that would make!!