Date: January 28, 2011 Workers’ Comp. Case No: 2-59-04964 Heco Case No: 06936 Date Of Injury: 4-20-1959

My Story For The Hiwa About My Industrial Accident At The Hawaiian Electric Company Two Months After The Start Of My Employment — Beginning At The Honolulu Power Plant Then On To The Waiau Power Plant .

I Began Employment At Heco In February Of 1959 In The Boiler Gang As A Helper 2nd Class. While Coming Out Of The Waiau 3 Power Plant Boiler Carrying A Plank With A Fellow Worker On April 20, 1959, I Fell Backwords Through A Hole In The 3rd Floor Grating (Down To A Ragged Cutoff Verticle 3 Inch Pipe That Was Corner Welded To The 2nd Floor Hole In That Grating.

My Left Kidney Was Badly Contused; My Right Femur Was Compound Fractured In Two Pieces, My Knee Was Positioned Up To My Right Hip; The Left Wrist And Right Ankle Both Were Also Fractured.

I Was Taken By Ambulance To The Er At The Qmc, Where Because There Were Asbestos Sores On My Right Leg, They Didn’T Operate On The Leg But Placed Me On A Bed In Traction For Over Two And A Half Months. Then After Temporary Healing Took Place In The Kidney, Wrist And Ankle, And The Sores — The Surgeons Inserted A 9 Or 10 Inch Iron/Steel Rod Withing The Femoral Bone Core — Through The Right Hip. I Remained Bedridden For About Another Month While The Leg Insisions Healed.

As Stated In The Hiwa Web-Site, Lawyer Steven Birnbaum’S Note Says: (Injured Worker‘S Benefits) “Lifetime Medical Treatment To Cure And Relieve The Effects Of The Injury”. (This Is An Approximate Stated Fact By Me – But Is A Truth By The Director Of Labor & Industrial Relations Bureau Of Hawaii ).

This Was/Is The Decision Of That Bureu (Disability Compensation Division) Pursuant To Section 386-21, Hrs “It Was Further Determined That The Claimant May Be Entitled To Additional Permanent Partial Disability As A Result Of The Developing Diseases Caused By Hypertension And Coronary Involvement“.

His ‘Involvement’ Of These Diseases Was Confirmed At A Hearing Conducted On Sep 8, 1975 At The Dlir….

But More Than The Effects Of The Injury Are Not What Heco’S Attorneys Will Commit To, Is That My Pad (Peripheral Artery Disease, Or Pvd Vascular Disease) Is Workers’ Compensable Due To The Kidney Injury Of 4-20-1959. By The Way Heco’S Atty Tashima Admits In An 11-10 2008 Letter That The Cad (Coronary Artery Disease) Is/Was Caused By The Kidney Injury And Thereby The Hypertesive Disease… (She Also Admits The Wrist And The Right Femur Are Workers’ Comp!

Please Help; I Need Attorneys From The Hiwa (Like David Brustein Or Douglas Moore, Attys @ Law) – As Sugested To Me By My Work*Star Md D. Scott Mccaffrey At His Office Recently.

I Do, However Have A 5-20-1999 Letter From A Cardiologist (Enclosed) Where He States, “The Stenosis In Both Legs Are Due To The Longstanding History Of Hypertension” And Therefore Related Too, And Part Of The Total Vascular Disease!

I Can Also Include Ultrasound Drawings Of My Body Parts (Legs,Heart And Carotid Arteries) That Show Effects That Are Causing My Cardiovascular Problems — Which Can Lead To Death!

In 1991 I Finally Needed Coronary Bypass Surgery X5, But Am Still Having Daily Chest, Kidney And Leg Pains, That On A Scale Of 1-10 Are At 8 Or 9. I Don’T At This Point In Time Know How I Can Last.. At Least I’D Fell Better If My Pad Where Positioned In With The Heart Problems As Cardiovascular Disease And Therfore Workers’ Compensable — Please Have At Least One Of The Attorney’S Listed On The Work*Star/Hiwa Sheet Supplied By Dr. Scott Mccaffrey To Me Take Charge To Make This Happen ! (Atty Gerdes, Brustein, Taylor, Zuiker And Or Atty Moore…).

Thanks In Advance,

Gerald A. Wharton, Sr


DISCLAIMER: This article is intended to provide guidance on some of the legal entitlements under the WC process (by no means exhaustive) and should not be used as legal advice on the handling of a workers compensation claim.  Contact the State of Hawai’i, Department of Labor and Industrial Relations, Disability Compensation Division, or the Labor and Industrial Appeals Board, or the union, or retain an attorney for legal advice, as appropriate, because each claim is different.  This website is intended for educational and informational purposes only.  We expressly disclaim any responsibility for actions taken or not taken based on information on this website.  The information is provided “as is” without warranties of any kind, either express or implied.  The content is general and may not reflect current developments and is subject to change without notice.

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