In Sept 1987, even though she tried hard to maintain the thought that the truth would win out, she was forced to retain legal counsel. Her TMJ condition continued to deteriorate and she was receiving therapy up to five days per week. Her biggest fear was that she wouldn't regain her prior quality of life.
For the next 18 months, Joan and her attorneys tried to negotiate an agreement short of filing a lawsuit. Unfortunately, the MSP stalled these negotiations by refusing to produce photographic evidence despite repeated requests. The most valuable photograph to support Joan's case showed a large circular break in the windshield with spider cracks radiating outward taken from the driver's seat. This photo perfectly demonstrated the position and strength of the impact where her head hit the windshield. This picture was NEVER produced.
Despite the above attempts by the MSP to impede progress, an agreement was eventually reached between Joan and the MA Attorney General's Office who represented the MSP. Both parties agreed to accept the medical findings of Dr. Mehta of Tuft's Dental TMJ Clinic who was appointed as an independent medical expert to resolve this dispute.
After a physical examination and thorough review of Joan's medical files to include X-rays, Dr. Mehta's findings were:
1. "Trooper Joan Wisher's auto mobile accident is the primary reason for her chronic head, neck and jaw pain."
2. "Diagnostic Impression. Degenerative joint disease R/L TMJ with 15 abnormalities." (Conclusions were drawn from "frontal and lateral skull X-rays plus cranial tomographic X-rays taken through the left and right temporo mandibular joints in both the closed and fully extended positions." These abnormalities were further described as displacement, degenerative osteoarthritis, and sclerosis in numerous locations of her jaw among other deformities noted as osteophyte formation, antigonial notching and mesial flexion.)
3. "The patient will have approximately 15% permanent disability related to cervical areas and 10% disability related to TMJ joints."
4. "The patient is at risk in a job that involves physical danger."
Upon receipt of Dr. Mehta's report the MA Attorney General's Office directed the MSP to settle the lawsuit. Joan was due $84,000 back pay for injury leave, and Accidental Disability Retirement.
In an act of willful obstruction of justice, the MSP boldly refused to comply. Seven years later, Joan learned what really happened. The MSP Commissioner's Secretary, Jean gave a written statement that exposed the truth. Although she couldn't remember the exact wording, she remembered they had an attitude that said Joan is not going to win again because they are not letting a woman get one up on them again. (See Chapter 18)
"They're not going to give it to her!!!"
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