Injured officer fights for treatment
by Erin Miller
West Hawaii Today
emiller@westhawaiitoday.com
Saturday, December 22, 2007 7:12 AM HST
Charles Keliipio has fought for treatment of a traumatic brain injury for more than eight years.

Keliipio had served on the Hawaii County Police Department for 16 years when the vehicle he was driving was rear-ended by another vehicle.

He went home following the collision, only seeking medical treatment at his wife’s urging, Denise Keliipio recalled. A doctor told them the problems might clear up within six months or a year. They never did, Denise Keliipio said, adding that her husband’s condition has worsened in the last six months or so, as opposition to treatment plans increases and the likelihood of his returning to a job he loved diminishes.

“For eight years, they’ve been piecemealing his treatment,” she said. “My husband spends days when he never comes home. All the Police Department and county have done is harass us and put us through hearing after hearing.”

Charles Keliipio, 51, wants to spend at least six months at the Center for Neuro Science in Bakersfield, Calif., a treatment facility more than one physician has recommended. But his employer has balked at the cost, which could reach a minimum of $360,000.

According to documents, including decisions by the Labor and Industrial Relations Board and letters from Deputy Chief Harry Kubojiri, provided by the Keliipios, a representative of the Center for Neuro Science first interviewed Charles Keliipio in 2004, at the Police Department’s request. Denise Keliipio said the center’s representative noted that many of its patients received treatment sooner than her husband had but that the doctors there believe he could recover enough cognitive abilities to hold down some kind of job.

The department, through its workers’ compensation representation at the state level, has denied the treatment repeatedly, attempting to send Charles Keliipio to Big Island therapists. The department also requested a new evaluation earlier this year; that doctor reported Charles Keliipio did not have significant cognitive impairments.

Denise Keliipio said her husband can appear to be functioning normally at times, even for a few days. But he isn’t the same as he once was, and she said their request for treatment is a sign that he’s not faking.

“If it were an act, wouldn’t he ask for a cash settlement?” she said. “Why would anyone ask for treatment in a lockdown facility for six months?”

The state Labor and Industrial Relations Board ruled Nov. 27 that Charles Keliipio was entitled to treatment at the California treatment center. The Police Department appealed that decision.

Police Chief Larry Mahuna referred questions about the workers’ compensation case to a personnel specialist with the department, noting that the case is handled by the state Workers’ Compensation Division.

“I’m sorry he feels that way,” Mahuna said, when asked about Charles Keliipio’s concerns and an apparent abandonment by his former employer. “We’re doing as much as I can. That’s all I can say.”

Amy Miyao, a personnel specialist with the department to whom Mahuna referred comment, said she was unable to discuss the case because Charles Keliipio had filed suit against the county. She said she had not seen the lawsuit, and no record of it is available in the state’s online judiciary Web site. A call left with Corporation Counsel Lincoln Ashida asking about the status or existence of a lawsuit was not returned.

Miyao referred questions about the workers’ compensation case to the Workers’ Compensation Division. A message left there Wednesday morning was not returned. The employee who answered the phone and took the message indicated someone from the Police Department contacted them Wednesday morning, too, providing notice that a reporter would be calling regarding Charles Keliipio’s case.

A message left for State of Hawaii Organization of Police Officers President Tenari Maafala was not returned.

Charles Keliipio, a career law enforcement officer, received a letter in November instructing him to go to the Kealakehe Police Station to turn in his gun and his badge. Talking about the situation, his eyes filled with tears. Law enforcement is in his blood, he said, noting that his great-grandfather was sheriff and other family members have served as police officers.

“I’m looking for righteous treatment for myself,” Charles Keliipio said.

Some of his concerns focus on how his former co-workers treat him now; he filed a formal complaint against Mahuna through the Police Commission a few months ago, and even attempted to arrest Mahuna after the meeting.

The couple did seek legal representation early on, but after their lawyer repeatedly missed appeal deadlines, they began battling on their own. The teenage driver who rear-ended Charles Keliipio was driving a relative’s vehicle that had minimum insurance coverage; Denise Keliipio said lawyers encouraged them to seek a lien on the vehicle owner’s home, but she and her husband couldn’t bring themselves to do that. The Police Department’s Records Division had no criminal charges connected to the collision case.

His wife said she can understand why her husband is upset about the treatment. After all, she said, they worked together for years, and he was the State of Hawaii Organization of Police chapter chairman, a position in which he helped other officers.

“He’s never gotten in trouble, never gotten sent home without pay,” she said.

Still, Denise Keliipio is worried about what will happen if treatment is delayed much longer.

“If he can just come back and get a job, be part of the community again,” she said. “Right now, he’s just here, there and everywhere.”

Timeline:

Aug. 8, 1999: Charlie Keliipio is injured when a vehicle rear-ends his vehicle on Kaiminani Drive.

Nov. 28, 2001: Hawaii County Police Department files its first appeal regarding Keliipio’s treatments.

Feb. 25, 2002: The Police Department withdraws its appeal because it wasn’t filed in a timely manner.

Jan. 29, 2003: Neuropsychological testing shows “numerous deficiencies in cognitive abilities.”

March 4, 2004: Dr. Ann Mary Palozzi evaluates Keliipio and recommends he receive a minimum of six months treatment.

April 21, 2004: At the request of the Police Department, the Center for Neuro Science evaluates Keliipio, concluding he would be a good candidate for the treatment program there.

June 14, 2004: Dr. Frank Ferren and Palozzi recommend Keliipio be sent to the Center for Neuro Science as soon as possible.

June 17, 2004: Ferren requests Keliipio work with Dr. Steven Pollard, in Hilo, for cognitive retraining.

June 29, 2004: The Police Department approves treatment with Pollard.

July 12, 2004: Ferren withdraws the request for Keliipio to receive treatment with Pollard. Ferren cites Palozzi’s report that Keliipio needed a “guided and structured therapy program,” and Palozzi’s opinion that Keliipio’s “best chance” would include more focused and more frequent training than the two to three sessions scheduled for Keliipio between July 4, 2004, and Oct. 4, 2004.

July 16, 2004: Ferren requests cognitive retraining for Keliipio at the Center for Neuro Science.

July 26, 2004: The Police Department denies the request.

Aug. 2, 2004: The Police Department responds to Ferren’s assertion that only three sessions were approved with Pollard during a three-month period.

Aug. 30, 2004: The Police Department proposes Keliipio be treated by Pollard for six months, then undergo a progress evaluation. If Keliipio does not show “measurable improvement,” to be determined by Palozzi, they agreed that he could enroll at the Center for Neuro Science.

Sept. 9, 2004: Keliipio and the Police Department create an agreement that determines how progress will be shown.

June 2005: Keliipio begins treatments with Pollard.

Dec. 1, 2005: Palozzi re-examines Keliipio. She notes that Pollard did not create a formal treatment plan with long-term goals and objectives, and therefore could not determine if treatment had been effective. She again recommends treatment with specific goals.

June 20, 2006: The Police Department requests Keliipio meet with officials to discuss his employment status, citing information from Palozzi that Keliipio would be unable to return to work as a police officer. Hearings and meetings on the subject continue through the end of the year.

Feb. 9, 2007: Palozzi reports Keliipio is showing some improvement but notes there are no physicians in Kona to treat Keliipio as a workers’ compensation case. Palozzi’s opinion is Keliipio should attend a “community based” program like the Center for Neuro Science.

Oct. 5, 2007: Dr. Kyle Boone reports on an evaluation of Keliipio, expressing her opinion that he does not require cognitive rehabilitation.

Nov. 27, 2007: Labor and Industrial Relations Board rules in Keliipio’s favor, noting that he is entitled to treatment at the Center for Neuro Science. Subsequently, the decision was appealed.

A couple of things to keep in mind when reading this story:
1. This was a Police Officer who serves the public and is a STATE EMPLOYEE (Government employee);
2. This occurred on the job, while on duty;
3. The Doctors repeatedly said he needed the treatment in California which the state, his employer, continuously refuses to pay for.

Now, consider what would happen if this happened in a place where the government runs the healthcare system.  Like say in..oh I don’t know....Canada or Cuba.  Would Officer Keliipio even have the option of going to see a specialist for a second opinion?  My wife’s grandmother lives in Canada and has told me stories about what happens in cases like this.  She went to her doctor with difficulty swallowing and could feel a lump in her neck.  The doctor gave her throat lozenges and antibiotics and told her it would go away in a few weeks.  Of course it didnt and she went back to the doctor.  She had to wait two months before she could see him again and at that point the lump had grown and she began having trouble breathing at night suffering from sleep apnea.  When she was able to see the doctor again, he told her that he could refer her for a consult but that it wouldn’t be for another couple of months.  So what did she do?  She drove down to Washington state, went to an ER, saw a doctor who diagnosed her with a malignant growth in her neck that needed to be removed immediately.  She had the procedure and was out in a matter of days.  She paid for it all out of her own pocket.
Now, this was an elderly woman with a lump in her neck.  When I asked her about the appeal process she just laughed and said, “what appeals?  It’s Canada.  The doctors basically figure it’s free so who are you going to complain to?”
While Officer Keliipio has a battle before him fighting with the state to secure him the treatment he desperately needs, I can’t help but imagine how much worse it could be if he lived in a place with socialized state run medical care!