Tuesday, June 02, 2009, 2:11 PM
News, Opinion, Georgia, Politics
By Kevin Moreau

Disabled officer Ryan Phinney: "If I don't fight this, I will die"

Editor’s note: This blog post was written by Tina Trent, who is pitching in while Stephanie Ramage is on vacation.—Kevin Forest Moreau

It has been five days since the president of the International Brotherhood of Police Officers called on Mayor Shirley Franklin to break her silence on the issue of workers’ compensation claims for injured Atlanta police officers. The mayor’s continued silence sends a clear message: The city will not honor its legal and moral commitments to these officers.

Troublingly, other elected officials have fallen in line behind Franklin. So have the candidates for the mayor’s race and City Council seats. You can hear a pin drop in City Hall these days. Why?

Retired officer Ryan Phinney doesn’t care about the “why.” He doesn’t care to stoop to politics, and he has no interest in shaming the mayor. He simply wants somebody—anybody—to step up and fix the system for providing medical care to police officers wounded on the job. Phinney, who is paralyzed from the chest down, has been trying to talk to Mayor Franklin for two years.

Two years, and now five more days, and nothing from the mayor.

Phinney describes a bureaucratic nightmare that has consumed his life and the lives of the other injured officers. “This is pretty much my full-time job,” he says, referring to the cycle of submitting claims, being refused care, then filing appeals and trying to get heard in court for medical problems large and small.

“There’s not a day that goes by, including weekends, that I don’t spend on this. I spend more time trying to get medical care then I spend getting medical care.”

Phinney and the other officers have been forced to obtain an attorney simply to file their medical requests, something they didn’t have to do until the city hired NovaPro Risk Solutions to manage the city’s workers’ compensation system. Phinney believes NovaPro and the city are using the legal process to increase delays.

“It is very slow and laborious. I believe the City of Atlanta has intentionally used this system to create delay,” Phinney says, adding that the types of medical problems experienced by the paralyzed officers can quickly snowball into life-threatening conditions.

“I don’t think any of us have not had our lives put at risk. I have had several medical procedures delayed that could have caused death, and I have had greater medical complications.

“My health already isn’t what it was, and it will never be the same again,” he continues. “The length of time I will live and the problems I will face have definitely been impacted.”

Phinney, who has been paralyzed since 1989, describes a maddening routine of submitting doctor’s orders, being turned down by the workers’ compensation administrator, then having to start the paperwork for yet another court hearing. A day or so before the case is scheduled to come before a judge, he says, the city will allow the previously rejected treatment, a process that maximizes delays while avoiding scrutiny by the administrative courts.

“In the past year alone, I’ve had four different suits,” he says. “Two surgical procedures, one medical treatment, one piece of medical equipment.”

Once the city agrees to the treatment, the injured officers can’t testify about the city’s behavior before a judge without risking additional delays and legal maneuvering. So they simply accept the city’s belated agreement to provide care and start preparing for the next lawsuit. It is a process that takes a terrible toll.

“I don’t like being in the news. I don’t like being on TV. I don’t like people recognizing me,” Phinney says. “I just want to live my life—get on with the remainder of my life. It isn’t something that I like to dwell on. I certainly don’t want to hurt anyone because I was injured. What has made me occasionally bitter is what comes after [my injury]. I have enough to deal with as it is.

“The truth of the matter is, if I don’t fight over this, I will die. The city is aware of the position we are in.”
 
However, the former infantryman has no intention of backing down. “As a police officer, when you’re struggling with a suspect, whoever fights the longest is the winner,” he says.

Phinney says his worst frustration arises from the complete absence of initiative on the part of city officials. Why, he asks, can’t somebody simply step up and address the delays? 

“For some strange reason,” he muses, “there doesn’t seem to be anybody interested in treating this like a leadership issue, an opportunity to solve a problem. … I don’t see why everybody’s sitting back, seeing how much trouble they can cause.”
   
Tina Trent is a former Atlanta resident who writes about crime. She moved to the Tampa Bay area two years ago. She currently writes about crime and crime policies at crimevictimsmediareport.com.

Please visit: the petition to reinstate Sgt. Scott Kreher

Cowards. No one wants to stand up and do the right thing. Just another shining example of the leadership this city has, or in fact doesn't have. Stall the Police Department, put them off, frustrate them more so then they already have. Where does this end and the citizens decide enough is enough and demand a better City! It won't happen without straightening out all the problems in this Department! Where is the leadership?!?!?!? Actions speak louder than words here, and listening to Sgt. Kreher's cry for help to a deplorable condition and turning his words into the problem instead shows just how pathetic the leaders of this City are. Rise up against this administration and demand better for all the hard work and taxes the citizens give this City government. This is now a national embarassment and will hurt this City for some time.

rob
Tuesday, June 02, 2009 at 4:20 PM

I can't believe I got to the Council Chambers 15 min after the Public Budget hearing began and it was already over.

They didn't even present anything. I stayed and spoke to Martin, Moore and Muller for a little bit.

I have learned so much in the last few days I can't even begin to talk about it but I did send a LOOONGG letter to the Council with what I had prepared to say yesterday.

They said 2 people spoke I don't know who it was but I'm really mad I missed it.

They need to at least be available for an hour even if it's to speak one on one like we did today. I met some new folks and spoke with them quite a bit.

Turner
Friday, June 05, 2009 at 6:42 AM

I was going to attend, but I had to prepare for Court next week. I'm glad I didn't make the trip now.

Sgt. Ryan Phinney, APD, Retired due to Disability

Ryan
Friday, June 05, 2009 at 1:45 PM