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Hurt on the Job and Nowhere to Turn

April, 2010

Gerardo and Yaneth Garcia

The pain didn't go away even though the doctor told him it should, so Gerardo Garcia looked elsewhere for help. He called someone he knew was well-connected—Spanish language radio host Oscar Gabriel of KRTA-AM—for a referral.

Gabriel had interviewed Help Now! Executive Director, Larry Kahn, on his afternoon talk show several months earlier and knew about Help Now!'s success in helping members of the local Latino community on many issues.

He suggested Garcia call Kahn at Help Now!

"I was hurt on the job. I got an umbilical hernia. Workman's comp paid for the surgery, After several weeks, the doctor released me to go back to work," said Garcia, who works as a chef in a Medford restaurant.

According to the doctor, the pain should have decreased over time, but it got worse.

"At work, I reach, grab, lift. When we're busy, you have to do it more quickly: twisting the body and kneeling. When I tried to explain this, the doctor told us, 'it's nothing.' He was rude. I didn't want to take a chance. I have two kids. What would happen to them if I got hurt worse?" Garcia asked.

Garcia followed the doctor's orders and returned to work, but the pain increased as he worked.

He called the insurance company to ask for more time off the job so he could heal. The insurance company turned down his request.

He then called the doctor's office about his pain and was first told to take over-the-counter pain killers. They didn't help. Then the doctor's office prescribed him a narcotic pain killer, but it made Garcia groggy and slow on the job. Garcia realized that working with knives and over a hot stove in his condition was a dangerous situation.

Garcia turned to Help Now! and explained the situation to Kahn. With Garcia's permission, Kahn contacted the manager of the restaurant where Garcia was employed. The manager shared that Garcia was his best kitchen worker and that he had seen what pain Garcia had been in upon his return to work. But, the manager said, his hands were tied by the insurance company.

"I realized that Gerardo's concerns and amount of pain were not being properly considered by the doctor's office and the insurance company. There had not been any two-way communication between them and the employer. He did need extra time off from work and then lighter duty to allow more time to heal," Kahn says.

Kahn next called the surgeon's office. After telling the nurse of his conversation with the restaurant manager, Kahn persuaded her to write a letter to Garcia's employer and to the insurance company requesting additional time off and then light duty. The result was that the insurance company authorized the additional time off based on the nurse's letter. Help Now! continues to work with Garcia to locate a more responsive doctor for him.

All parties ultimately realized that it was in everyone's best interest not to rush Garcia's recovery.

"The restaurant's manager also agreed to give Gerardo less strenuous work for two weeks upon his return to make sure he will not be in any danger of further injury. Sometimes, just having someone else to stick up for you is all it takes. In Gerardo's case, I'm just glad he called us in time," Kahn concluded.

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