The Lies They Tell - page 2
Copyright 2010
Copyright 2010
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Guadalupe eventually landed a good job with benefits, working for Big Business Corporate America.
She was a diligent worker and again excelled.
On this particular day, a Friday before a holiday weekend, Guadalupe was working overtime,
having to finish the payroll before leaving. She was one of only five employees still in the
building, she and her manager the only ones on the fourth floor. She sat at her desk, inputting
data on her computer, when her right elbow brushed a stack of time-cards, knocking them to
the floor. She sighed, backed up and turned in her wheeled, swivel office chair. She reached
to the ground. As she twisted and reached, she heard a loud “pop”. Excruciating shooting pain
prevented her from completing the task at hand. She had difficulty moving, much less getting
back up to her chair, but she did. She stood awkwardly, with intense pain. She looked over
her cubicle wall and called for her manager. No response. She called again. No one answered.
After what seemed an eternity, she leaned on her desk and walked to the corridor, using her
cubicle walls for support. She continued down the hall to the manager’s office, using what she
could to hold onto or lean on. She saw her manager chatting happily away on her cell-phone,
an Internet game visible on the computer behind her.
Guadalupe got her manager's attention, receiving a scowl and a curse for her efforts. She wanted to
go to the occupational clinic, but her manager convinced her to wait. She suggested Guadalupe rest
the weekend and see how she felt on Tuesday. The manager offered to finish the payroll. Against her
better judgment, Guadalupe agreed. She gathered her things and went to the elevator. Her manager
did not offer to assist.
She was a diligent worker and again excelled.
On this particular day, a Friday before a holiday weekend, Guadalupe was working overtime,
having to finish the payroll before leaving. She was one of only five employees still in the
building, she and her manager the only ones on the fourth floor. She sat at her desk, inputting
data on her computer, when her right elbow brushed a stack of time-cards, knocking them to
the floor. She sighed, backed up and turned in her wheeled, swivel office chair. She reached
to the ground. As she twisted and reached, she heard a loud “pop”. Excruciating shooting pain
prevented her from completing the task at hand. She had difficulty moving, much less getting
back up to her chair, but she did. She stood awkwardly, with intense pain. She looked over
her cubicle wall and called for her manager. No response. She called again. No one answered.
After what seemed an eternity, she leaned on her desk and walked to the corridor, using her
cubicle walls for support. She continued down the hall to the manager’s office, using what she
could to hold onto or lean on. She saw her manager chatting happily away on her cell-phone,
an Internet game visible on the computer behind her.
Guadalupe got her manager's attention, receiving a scowl and a curse for her efforts. She wanted to
go to the occupational clinic, but her manager convinced her to wait. She suggested Guadalupe rest
the weekend and see how she felt on Tuesday. The manager offered to finish the payroll. Against her
better judgment, Guadalupe agreed. She gathered her things and went to the elevator. Her manager
did not offer to assist.
Guadalupe’s habit was taking a Muni bus
home, a 35-minute ride across town to the
Richmond District. She then would walk
one and one half blocks up to the family
home. Today she called her brother, asking
to be picked up. He was always pleased
when he could do something for his sister.
He could be there in twenty minutes.
Guadalupe waited in front of the Big
Business on Market Street, just as the cool
evening rain began to fall.
The brother and sister went home. He
helped her from his pick up truck and into
the house, holding her by the arm as she
made it up the front steps. She iced her
back, helped with dinner, and went to bed.
By the next morning she could not get up.
Her brother took her to the emergency
room. After a seven and one half hour wait,
she was examined, x-rayed and scheduled
for an MRI. She called in sick Tuesday and
four more work days. An eventual diagnosis
revealed a pinched L5-S1 disc and a bone
spur. There would be additional time off
work, physical therapy three times per
week, and weekly doctor’s visits for an
undetermined period of time. The pinched
disc became a ruptured disc and resulted in
surgery.
The manager denied that Guadalupe had
reported an on-the-job injury. There were
no witnesses. There was no DWC-1 report
(first written report of injury.) Guadalupe
was terminated for job abandonment, being
written up for walking off the job that ill-
fated Friday, and failing to complete
assigned tasks, specifically the payroll.
Litigation ensued. Guadalupe eventually
prevailed. She received a settlement for
back wages and medical care, her attorney
receiving the standard 30%. Guadalupe was
reinstated in her position, returning to work
with restrictions and a motorized
wheelchair. She was scheduled for an on-
the-job ergonomic evaluation her first day
back.
Guadalupe was not a malingerer. She was
anxious to get back to work and eventually
out of the wheelchair. She found the San
Francisco Muni B-Express trolleybus was
wheelchair accessible. The fare was
reduced from $2.00 to $0.75 for disabled
persons and the bus driver even provided
assistance with a dropped ramp. Her wheel-
chair serving her well, she motored from
the house the one and one half blocks and
then picked up the 38-Geary inbound bus
at Geary and Park Presidio. It was a 30-
minute ride to her exit at O’Farrell and
Powell, transferring at O’Farrell and Taylor
for the 27-Bryant outbound bus and the 5-
minute ride to her exit at Fifth and Market.
She was twenty-five minutes early for her
ergonomics appointment at Big Business,
and there was a chain coffee shop across
the street. Life was good!
Guadalupe exited the bus and motored
across Market Street to the disabled-
friendly coffee house. She ordered a coffee
and Danish. In her generous and forgiving
spirit, she purchased a non-fat latte for her
manager. She carried her purchases in a
portable cardboard coffee holder, held on
her lap. A gracious gentleman held the door
open for her as she motored. Guadalupe
smiled; it was a good day indeed!
(This is actually where bad goes to worse.)
home, a 35-minute ride across town to the
Richmond District. She then would walk
one and one half blocks up to the family
home. Today she called her brother, asking
to be picked up. He was always pleased
when he could do something for his sister.
He could be there in twenty minutes.
Guadalupe waited in front of the Big
Business on Market Street, just as the cool
evening rain began to fall.
The brother and sister went home. He
helped her from his pick up truck and into
the house, holding her by the arm as she
made it up the front steps. She iced her
back, helped with dinner, and went to bed.
By the next morning she could not get up.
Her brother took her to the emergency
room. After a seven and one half hour wait,
she was examined, x-rayed and scheduled
for an MRI. She called in sick Tuesday and
four more work days. An eventual diagnosis
revealed a pinched L5-S1 disc and a bone
spur. There would be additional time off
work, physical therapy three times per
week, and weekly doctor’s visits for an
undetermined period of time. The pinched
disc became a ruptured disc and resulted in
surgery.
The manager denied that Guadalupe had
reported an on-the-job injury. There were
no witnesses. There was no DWC-1 report
(first written report of injury.) Guadalupe
was terminated for job abandonment, being
written up for walking off the job that ill-
fated Friday, and failing to complete
assigned tasks, specifically the payroll.
Litigation ensued. Guadalupe eventually
prevailed. She received a settlement for
back wages and medical care, her attorney
receiving the standard 30%. Guadalupe was
reinstated in her position, returning to work
with restrictions and a motorized
wheelchair. She was scheduled for an on-
the-job ergonomic evaluation her first day
back.
Guadalupe was not a malingerer. She was
anxious to get back to work and eventually
out of the wheelchair. She found the San
Francisco Muni B-Express trolleybus was
wheelchair accessible. The fare was
reduced from $2.00 to $0.75 for disabled
persons and the bus driver even provided
assistance with a dropped ramp. Her wheel-
chair serving her well, she motored from
the house the one and one half blocks and
then picked up the 38-Geary inbound bus
at Geary and Park Presidio. It was a 30-
minute ride to her exit at O’Farrell and
Powell, transferring at O’Farrell and Taylor
for the 27-Bryant outbound bus and the 5-
minute ride to her exit at Fifth and Market.
She was twenty-five minutes early for her
ergonomics appointment at Big Business,
and there was a chain coffee shop across
the street. Life was good!
Guadalupe exited the bus and motored
across Market Street to the disabled-
friendly coffee house. She ordered a coffee
and Danish. In her generous and forgiving
spirit, she purchased a non-fat latte for her
manager. She carried her purchases in a
portable cardboard coffee holder, held on
her lap. A gracious gentleman held the door
open for her as she motored. Guadalupe
smiled; it was a good day indeed!
(This is actually where bad goes to worse.)
The corner of Second and Market was busy this time of morning. Guadalupe waited at the corner for the
signal to change, allowing for pedestrian traffic. She saw her green signal and heard the comforting beep
meant for the vision impaired. She motored as those around her passed, crossing the street. How inopportune
when midway across the street her chair stopped. She patiently moved the right arm power toggle back and
forth. Again, back and forth. She heard the engine hum with no response, the electronic controls failing. A
witness remembered seeing the light change from her SUV, positioned in the number one eastbound lane,
and Guadalupe directly in front of her. Guadalupe was a short distance from her sidewalk destination. The
witness waited apprehensively. A Good Samaritan stepped off the curb to offer assistance. Both he and the
witness sighed with relief when Guadalupe’s chair suddenly powered up.
signal to change, allowing for pedestrian traffic. She saw her green signal and heard the comforting beep
meant for the vision impaired. She motored as those around her passed, crossing the street. How inopportune
when midway across the street her chair stopped. She patiently moved the right arm power toggle back and
forth. Again, back and forth. She heard the engine hum with no response, the electronic controls failing. A
witness remembered seeing the light change from her SUV, positioned in the number one eastbound lane,
and Guadalupe directly in front of her. Guadalupe was a short distance from her sidewalk destination. The
witness waited apprehensively. A Good Samaritan stepped off the curb to offer assistance. Both he and the
witness sighed with relief when Guadalupe’s chair suddenly powered up.
Relief was premature, indeed. A silver Lexus sped through the
intersection in the number two eastbound lane, not assessing the
stopped vehicles to her left. (Her later statement revealed that she
was preoccupied with a morning meeting and personnel issues she
had to address, one being particularly disagreeable.) Lost in her
thoughts, she did not see Guadalupe, poor Guadalupe, obstructed
from view by the SUV. It was certainly unfortunate. Guadalupe’s
manager would be late, subject to a police investigation, and later
interviews with Bert. Guadalupe would not be showing up for work
today, or any day. Bert had a lot of work ahead of him.
intersection in the number two eastbound lane, not assessing the
stopped vehicles to her left. (Her later statement revealed that she
was preoccupied with a morning meeting and personnel issues she
had to address, one being particularly disagreeable.) Lost in her
thoughts, she did not see Guadalupe, poor Guadalupe, obstructed
from view by the SUV. It was certainly unfortunate. Guadalupe’s
manager would be late, subject to a police investigation, and later
interviews with Bert. Guadalupe would not be showing up for work
today, or any day. Bert had a lot of work ahead of him.
Thank you to our friends at Mobility Masters, providing solutions for
independent living. Mobility Masters strongly recommends fully
charging the batteries of chairs prior to use, and using a visible safety
flag, in order to help prevent accidents.
independent living. Mobility Masters strongly recommends fully
charging the batteries of chairs prior to use, and using a visible safety
flag, in order to help prevent accidents.
