Around Feb 1, 1998, Joan received a letter from the MSP stating that she must advise them of her decision to return to work. Going back to the MSP without the protection of light duty scared her. She was also concerned about the general attitude towards her that prevailed because of O'D before she left on medical leave. Upon legal advice however, she sent a letter notifying the MSP of her intent to return to work.
At the time she sent her letter, the existing policy allowed for a trooper with her years of service to reinstate. However, the MSP would write a new administrative policy ADM-23, which went into effect 20 days after they received her letter. She was refused reinstatement citing the criteria set forth in the new policy. Her attorney called it "The Anti-Wisher Reinstatement Policy."
Even though she had 16 yrs on (12 worked and 4 injury leave), this new policy would force her to go through the whole process again as if she were a new recruit.
Joan took the physical agility test about the same time that a trooper was conducting a background check on her. She got a call from a friend (a Falmouth, MA Police Officer) who was interviewed. This friend was very upset. "Joan, the trooper kept trying to have me say that you were 'paranoid'." My friend said, "I told him I never found you to be paranoid!"' This confirmed her suspicions that an atmosphere of contempt still existed.
Next on the list was another physical examination with yet another MSP Surgeon. Joan found this doctor to be professional and courteous. He asked about her TMJ medical condition and proceeded to conduct a physical examination of her jawline. This had never been done by any previous MSP Surgeon. He emphatically stated, "You can't return to work with TMJ like this."
Joan thought it was finally over. Now the State Police would have to give her Accidental Disability (72%). She was wrong again. Her attorney soon called to inform her about the MSP's new position, "WE OWE HER NOTHING. IT'S A NEW INJURY. LET THE RETIREMENT BOARD TAKE CARE OF HER."
There WAS no new injury and they knew it!!!
Comments