WHEN YOU THINK of Caroline Gilbert, think of raw, putrid,
stinking sewage.
Not that the two share anything overtly in common, mind you.
For her part, Gilbert is a pleasant, polite, middle-aged woman
with red hair parting around her face like a curtain.
And sewage, of course, is just shit soup.
Which is exactly what Caroline Gilbert gulped from a water fountain
in a remote Alaska post office one day 11 years ago. It's what
subsequently brutalized her health. And it's also what she's getting
lots of lately, from a pair of federal agencies which apparently
have colluded to drive her from their workman's compensation rolls.
Adding insult to this injury, a painting by her father, the late,
prominent artist Dale Nichols, currently appears on one of the
most popular postcards ever issued by the U.S. Postal Service--the
same agency now ranking among Gilbert's prime tormentors.
But first back to sewage.
In 1987 Gilbert was a postal worker on the move, hopping from
office to office and soaking up all the training she could get.
By the time she hit Sitka, Alaska, she says the machinery was
already in motion to award her postmaster status, and an office
of her own.
The Sitka station took up the bottom floors of an historic building
housing a number of federal agencies, including the U.S. Customs
Service. During the summer up to 25,000 tourists a day would stream
through for luggage and paperwork checks, and to use the head.
Among them were enormous numbers of Southeast Asians.
While old buildings can exude charm, their plumbing typically
does not. Such was the situation in Sitka that July day when the
weary drain pipes finally burst, sending forth a torrent of Asian-generated
crap.
It was dripping off ceilings, streaking down walls, streaming
into the parking lots. It was also seeping into the drinking water.
All of which was news to Caroline Gilbert--after she and a co-worker
quenched themselves from the only fountain still operating. What
they drank was a toxic cocktail of drain cleaner, formaldehyde
and sewage.
"It burned horribly," Gilbert recalls. "I knew
immediately something terrible had happened."
Both promptly fell ill. But Postmaster Dick Rogers, the tundra
version of Conrad's Col. Kurtz, ordered them back to work. "He
shut the fountain down, but he decided that we didn't consume
enough to hurt us," Gilbert says.
Within six months her co-worker was dead of general lymphatic
failure. Gilbert toughed it out for a few months, until she finally
collapsed one day at work. Only then was she diagnosed with a
strain of hepatitis rarely seen in the West. It was carried in
human feces, and well known in other parts of the world--particularly
Southeast Asia.
In a flash Gilbert's bright, shining future had grown dark and
tarnished. She tried to apply for disability, but says Rogers
repeatedly refused to file her claims ("He said no one ever
filed a claim in his office, and I wasn't going to be the first").
Her husband, unable to cope with a bedridden wife, eventually
hit the road. And her healthy, active life quickly disintegrated
into cloistered sickrooms, bed pans and hospital stints.
Her liver was shot, her career was ruined, and she was alone.
Lawyers didn't see much cash, so they wouldn't help, except to
tell her that her case would have landed a multi-million-dollar
settlement in the private sector.
Finally, Gilbert filed for workman's compensation directly with
the U.S. Department of Labor. A year and a half after the accident,
she was finally awarded her first monthly disability payment.
She moved back to Tucson, and tried to rebuild a life. Today,
at age 48, she hobbles about her modest home with a walker or
uses a wheelchair. Her legs are swollen from liver damage and
twisted by arthritis. She takes morphine for pain, and cares for
her current husband, who's been diagnosed with another breed of
hepatitis. Until recently, she was receiving monthly $2,700 payments
from the DOL--half of her former working income--and spending
her time battling Uncle Sam to keep it.
The upshot: No matter how you cut it, Caroline Gilbert's slice
of life ain't pretty.
IT WASN'T MADE any prettier when DOL and postal officials
sparked a concerted effort to bounce her from their books. And
if what she alleges is true--and there's little reason for doubt--the
abuse she's suffered at the hands of these government hacks is
simply shameful.
This campaign reached its despicable climax on July 9, when the
DOL completely cut Gilbert's medical benefits. The move came about
a month after The Weekly first contacted the DOL about
Gilbert--and after one DOL source assured a reporter that the
case was in "a holding pattern."
The timing may be fishy, but the move culminates a long, apparently
well-devised strategy. Here's how it worked:
Normally, the DOL will send its long-term claimants for a medical
reevaluation every couple of years. By contrast, in the last 18
months Gilbert has been ordered to see more than 10 doctors. Most
of those evaluations were redundant, and all but one doctor said
she was unable to work. The sole exception was a physician who
made his decision after a five-minute cursory exam. In an odd
coincidence, that doctor also happened to be under contract to
the Postal Service.
Gilbert has also been accused of selling her morphine. She has
been forced to take drug tests and undergo psychiatric exams.
She's been sent to medical offices lacking handicapped facilities,
and browbeaten when she refused to go.
On the phone, officials have called her a fat, lazy slob. They've
told her that she just wants to "sit around on her fat butt
and watch TV."
One suggested we'd all would be better off if she just killed
herself. Across her coffee table Gilbert spreads letters from
ministers, friends and her own kids insisting otherwise.
"I remember my mom as being very active outdoors,"
writes her daughter, Kathleen. "She would take us camping,
fishing, horseback riding. Now my mom has grandkids that she cannot
take anywhere to have fun with."
Her son Michael, a Gulf War vet, is more blunt. "It...seems
that there is a lack of compassion for someone who has faithfully
served the United States Government for over 10 years prior to
her illness," he writes. "Hmm, almost reminds me of
how (the government) has treated us Gulf War veterans right along
with the Vietnam War vets and others. We faithfully serve our
government, whether through military service or civilian service,
and when something happens...that was the government's own fault...we
are quickly dismissed and shrugged off like bad luggage."
THE HARASSMENT OF Caroline Gilbert began last year when
the DOL hired a nurse to coordinate her medical care. And local
R.N. Mary Schacht coordinated in spades, working with DOL's Seattle-based
claims examiner, Jean Graham, to schedule the slew of appointments.
Gilbert's prescription for slow-release morphine also became
a quick target after she aced a mental exam. "The nurse said
there was no way I could score so high if I was taking morphine,"
Gilbert says. "So that's when she accused me of not taking
it, and selling it."
Gilbert alleges that Schacht told doctors she was "psycho"
and "a trouble-maker," and implied that she was lying
about her condition.
Gilbert says that one time a Postal Service injury compensation
specialist named Danna Corbell met with her personal doctor and
Schacht to review Gilbert's case, without notifying her. "They
told the doctor that I was a working employee and a trouble-maker,
and that I had no disabilities of note." And the post office
had no business even meddling with her case, she says, since in
truth she hadn't punched a time clock in 12 years.
According to Postal Service spokesman Brian Sperry, his agency
doesn't get involved with former employees and their doctors.
But a terse letter from Corbell to Gilbert proves otherwise.
Dated April 2, the correspondence concerned the doctor's office
that was lacking handicapped facilities.
"Please be assured the facilities were inspected and a determination
was made that the facilities meet the standard required to accommodate
your needs," Corbell wrote. "You are expected to attend
the appointment which has been made for you..."
If she refused to go, Gilbert worried that her disability payments
would be cut. Finally, she sought help from the office of Arizona
Sen. John McCain, and the appointment was canceled. She's also
been discussing the incident with the Arizona Attorney General's
Office.
Schacht says she's been removed from Gilbert's case. And she
denies practicing subterfuge, or making disparaging remarks. "That's
not the terminology I would use," she says. Schacht also
denies making the numerous appointments, or suggesting that Gilbert
receive drug testing and treatment. "The Department of Labor
handles all that," she says.
Ultimately, she calls Gilbert's allegations "unfounded."
As for her former patients' numerous complaints, "I think
she generates her own," Schacht says.
Danna Corbell refused to comment.
Meanwhile, Gilbert says she was taking nasty flack from other
Postal Service officials. She says that over the phone, Injury
Compensation Specialist Ron Murray called her "a fat, lazy
slob who just wanted to sit around on my butt and watch TV."
In another telephone conversation, Human Resources Analyst Phillip
Fuller "told me it would be better for everyone concerned
if I just committed suicide," she says.
Neither Fuller nor Murray returned phone calls seeking comment.
But spokesman Sperry says both deny making the remarks.
In November, however, Murray wrote Gilbert to say that "Danna
Corbell of our Tucson Office...has informed me that you are an
extremely intelligent woman with excellent re-employment potential."
At some point, the Postal Service even suggested Gilbert might
need to fulfill that potential back in Alaska, even though the
agency couldn't make her do squat without a DOL thumbs-up. But
after months of doctor-shopping, the DOL finally found in Dr.
Raymond Schumacher a physician who'd say the right stuff.
"He said that maybe I could work 30 minutes at a time, then
take a 15 minute break, then work another 30 minutes, until I've
completed two hours and 45 minutes of desk work," Gilbert
says. "That was the best scenario. But he didn't mention
that I was incontinent, and must change my protection and also
put my legs up so they don't swell."
Attempts to contact Schumacher for comment were unsuccessful.
All other doctors confirmed that she was hardly able to work.
Indeed, in letters to the DOL and to Danna Corbell, Tucson M.D.
Christopher Puca cited her maladies, including "debilitating
bilateral knee osteoarthritis which needs surgical correction."
He went on to say that "Ms. Gilbert is on high doses of slow-acting,
sustained-release morphine. Because of this medicine she cannot
drive on a regular basis. Ms. Gilbert also has osteoarthritis
in other parts of the body, including the spine, wrists and hips.
"However, Ms. Gilbert has notified me that she was told
she may possibly be required to relocate to the State of Alaska,
although she is currently living in Tucson, Arizona, in order
for her to work 2-3/4 hours a day," Puca continued. "I
find this astounding. I must protest any requirement that this
woman be relocated to another state at this time."
Eventually, other sympathetic doctors like Puca were hounded
to the point that they refused to continue handling her care,
Gilbert says.
POSTAL SPOKESMAN SPERRY says his agency never tried to
strong-arm Gilbert off its workman's compensation rolls. Nor did
postal officials collaborate with the DOL to make her life hellish,
he says. "We must rely on the Department of Labor and their
determination as to whether the person has work capability. And
the field nurse (Schacht) indicated to us that she had work capability."
Sperry says the DOL told him Gilbert's case is currently "in
a holding pattern."
Thus the plot thickens: Who exactly was playing lead in this
brutish bureaucratic two-step?
If Schacht and DOL claims examiner Jean Graham were characterizing
Gilbert as a problem client, as a liar and a cheat, they never
made their opinions official. And if they informally urged her
re-employment, they did so in the face of an army of doctors who
felt otherwise.
Department of Labor officials wouldn't specifically discuss Gilbert's
case. Speaking in generalities, Tom Markey, Director of the DOL's
Office for Federal Employees Compensation in Washington, D.C.,
did say the number of evaluations Gilbert has undergone sounded
excessive. "Still, it's hard to say if that number of medical
opinions is too much," he says.
According to Markey, long-term claimants can develop "psycho-genic"
problems "where there's not a lot of organic basis to the
pain, but appears to be a medical and psychiatrically based reason
for the pain."
In plain English, he means the pains could just be in their brains.
"If you had a situation like that, at a minimum it wouldn't
be unusual to see three physicians--an infectious disease specialist,
an orthopedist, and a psychiatrist," Markey says.
The DOL might seek a second opinion if the original doctor's
opinion is unclear, he says, or if the doctor appears to be hiding
the truth about a patient's condition. Other doctors will simply
accept a patient's opinion about their own health. "That's
not sufficient. That's basically the doctor saying that 'Mrs.
Jones' is self-certifying that she's disabled to work. You know,
(the doctors) may find our actions outrageous, but we're just
administering the law. And whatever it is, the law is very broad
as to giving us authority to go for a second opinion."
Or for that matter, 11 or 12 opinions.
While that many "is unusual," Markey says it's not
unheard of when doctors don't "provide a medical basis for
their opinions."
That also means the process--and the appointments--could continue
indefinitely, until the DOL's curiosity was sated, or the agency
found a pronouncement more to its liking.
Markey also says the Postal Service can't do much beyond making
lots of racket about former employees. "The law is quite
specific that the Department of Labor is the adjudicating body,
and the employer, although they ultimately pay the bill, are not
a party to the claim. They may not be happy with the decision,
but they can't appeal it."
Since the law won't let the DOL simply settle with a client for
a lump sum, many are on the books for a very long time, he says.
Sometimes their conditions worsen, but sometimes they improve.
"We ultimately look to return them to the workplace. The
historical and social content of compensation is not as a retirement
program."
Does that point to an ideological smoking gun behind the harassment
of Caroline Gilbert and others like her?
Markey is circumspect. "For many years now we have been
committed to returning individuals to work," he says. "Part
of the workers' compensation program is to get people back into
being productive members of society, and taxpaying members of
society. The fact that it's a cost-saving measure just falls out
of the process."
Those comments came in June. So did the comment by another DOL
source saying there was no change in Gilbert's status.
Now, only a month after being questioned by The Weekly,
the DOL's process has suddenly reached its bitter, mysterious
conclusion. In the July letter axing Gilbert's medical benefits,
Kim Whitney, a DOL senior claims examiner, said the decision was
based on diagnoses made by Dr. Schumacher, a Dr. Dennes, and Gilbert's
current physician, Dr. Puca.
According to Whitney's letter, "In the 7/14/97 note Dr.
Puca stated that the claimant's liver function tests 'were normal
last time we checked.'"
As of press time, the DOL hadn't returned follow-up phone calls
seeking comment.
For her part, Gilbert doesn't recall ever visiting a Dr. Dennes.
But of course she'll never forget Dr. Schumacher's singular diagnoses.
As for Dr. Puca, she says he'd only given her an initial exam,
and hadn't run tests on her, at the time comments in the July
9 letter were attributed to him. She also says Whitney's stance
is ludicrous, since pinpointing her liver functioning at a particular
point in time reveals nothing.
"But Dr. Puca is extremely angry at the DOL about this whole
matter," she says. "He says those weren't his words
at all."
Dr. Puca was unavailable for comment, citing his heavy caseload.
Meanwhile, Caroline Gilbert has 30 days to pack her diaper bag,
tune-up her wheel chair, and apply for another job with the U.S.
Postal Service.
Postage Due
Meanwhile, The Postal Service Profits From The Work Of Caroline
Gilbert's Father.
IRONICALLY, EVEN AS the feds are working a squeeze-play
on Caroline Gilbert, they're harvesting big bucks from her father's
work. Dale Nichols' celebrated career included a long stint as
art editor for Encyclopaedia Britannica. In the '40s he came to
Tucson, and in 1946 started Tubac's first art school.
His signature works were elegant, heavily stylized and richly
colored pastoral scenes. He chummed around with Norman Rockwell.
Like Rockwell, he illustrated numerous covers of the Saturday
Evening Post. His piece, "End of the Hunt," now
hangs in the New York Metropolitan Museum of Art.
Nichols also had a charitable bent. In 1943 he donated a painting
to Father Flanagan's Boys' Town, which later gave reprint permission
to the Postal Service. Today "John Comes Home for Christmas"
ranks among the most popular postcard designs ever.
It's not known just how much the agency makes from the postcard,
or how those proceeds compare to Caroline Gilbert's monthly disability
payments. But the card has clearly proven popular: A 1996 readers'
poll by Lynn's Stamp News, an influential collectors magazine,
voted Nichols' creation the best design "by a wide margin."
"Even today I'm not sure the post office has made the connection,"
Gilbert says, holding up a copy of the card. She lays it back
on the table, next to her letters.
"You know, this is the thing that really gets me,"
she says. "For years I worked for the civil service. I traveled
all over the country getting training, and I wanted my own office.
I loved working. My career plan was to retire from the post office,
and now I'm getting screwed. Where is the responsibility here?
"They call me a fat, lazy slob, and say I just want to sit
around and watch TV. What kind of life is that? Most days I don't
even get out of bed. I have to use an adult diaper. If they think
my life is so great, maybe they should come and live it for a
day. Then they'd see just how great it really is.
"But boy, they sure love my dad's postcard."
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