Mark Whitaker
17th Oct 2011, 06:07
* Members of the AAPMBF, I am posting here on Pprune to campaign for your vote as a Trustee to the AAPMBF.
Some of you may be aware that I lost my Class 1 Medical in June 2009 and have been fighting with the AAPMBF for a Capital Payment since my 15 month rule came into effect in September last year.
I have taken as per the rules my dispute to the Financial Ombudsman and it is currently in their hands.
If elected as a Trustee and my dispute has not been resolved I will not be discussing my claim with the other Trustees and will not be present in any board discussions.
There are a number of reasons why I am using PPrune to campaign:
· 170 words on the ballot paper is nowhere near enough for putting forward my views and values for the fund.
· Having had first hand experience of loosing my Class 1 Medical and how this has effected myself and my family.
· Total lack of correspondence as to why my Capital Claim has been rejected.
· My belief that the rules are not well written and too easily controlled by factions within the Trustees. They have no Standard Operating Procedures for Trustees or I believe Staff to follow.
· Bringing the AFAP back from the cold and having a full time Trustee from the AFAP as the fund was originally set up.
Following is my first Profile to be included on the ballot paper. This was forwarded to the AAPMBF office on 4th October:
I nominate myself for the position of Trustee of the Australian Air Pilots Mutual Benefit Fund.
My full reasons for seeking a position on the Board of Trustees are on the website Pprune.
I have made a Capital Claim to the Fund which I have referred to the Financial Services Ombudsman in accordance with the rules of the AAP MBF. I have never been given an explanation from the Trustees as to why my Capital Claim has been rejected. In May 2011, the Chairman advised that I go to the Ombudsman who can legally only force the AAPMBF to pay me a maximum of $280,000 regardless of what is owed and I will have no recourse to sue for the remainder.
I believe the Trustees intend to force every Capital Claim to the Ombudsman to limit the benefit paid to members at $280,000 regardless of the Nominated Capital Benefit for which members are paying coverage.
If elected to the Board of Trustees, I will not be discussing my claim with the Board.
I then received this email on 10th October from the Chairman, Capt David Harget:
Dear Mark,
I would like to take this opportunity to follow up on earlier communication with you in regard to your claim against the AAPMBF. The Board considers your case in detail each month. In arriving at a decision there is a requirement for the Board to take into account the Rules of the Fund and the views of the Fund's medical advisors. Our medical advice to date is that there is likely hood that you would regain a class one medical, if your heart condition was treated surgically. I can assure you that these are very experienced practioners with a great deal of aviation medical knowledge. The other issue you raise is the paucity of correspondence from me as the Chairman. The Fund Manager is tasked with communicating with claimants and this is recorded when necessary and available for future reference. This maintains a single point of contact. The board will meet again next week, and I can assure you that we will again consider your current medical status, and i will personally will correspond with you following this meeting.
Regards David Harget
This is the first response I have had for the reason why my Capital Claim has been rejected by the board. Even though the Trustees feel that all I need is surgery, David Harget does not provide a reference to the rules to support his statements.
I have since followed up with a revised Profile that will appear with the Ballot paper:
I nominate myself for the position of Trustee of the Australian Air Pilots Mutual Benefit Fund.
My full reasons for seeking a position on the Board of Trustees are on the website Pprune.
I have made a Capital Claim to the Fund which I have referred to the Financial Services Ombudsman in accordance with the rules of the AAP MBF. I have never been given an explanation from the Trustees as to why my Capital Claim has been rejected. I was advised by the Chairman on 10 October 2011 that the Trustees’ Medical Advisor has stated to the Trustees only, not to me, ”there is likely hood (sic) that you would regain a class one medical, if your heart condition was treated surgically”. However, all the medical evidence I have seen has indicated that my condition cannot be treated surgically, including the independent advice of the Trustees Medical Expert appointed by the funds Medical Advisor.
In May 2011, the Chairman advised that I go to the Ombudsman who can legally only force the AAPMBF to pay me a maximum of $280,000 regardless of what is owed and I will have no recourse to sue for the remainder.
I believe the Trustees intend to force every Capital Claim to the Ombudsman to limit the benefit paid to members at $280,000 regardless of the Nominated Capital Benefit for which members are paying coverage.
If elected to the Board of Trustees, I will not be discussing my claim with the Board.
I am posting this on Pprune at 5pm EDST 17th October which is when nominations close.
As of 5pm EDST I have not heard from David Harget, nor the Office of the AAPMBF as to the outcome of last Thursdays meeting.
I have spoken with the Financial Ombudsman about my claim and they have told me some interesting facts that I believe all members should be aware of and that the rules of the fund need to change to reflect this knowledge.
The Financial Ombudsman is legally bound to only look at claims up to $500,000 and if they determine in favour of the person making the claim, the Financial Service, in my case Austair Pilots Pty Ltd, the Financial Ombudsman can only legally force a payment of $280,000. The outcome is enforceable and binding to Financial Service, but not to the Applicant. If they find in my favour, and I agree, I am forced to sign a “Deed of Agreement” that I cannot in any way pursue the Financial service provider for the remaining sum that I am owed.
I believe that if Rule 13 Dispute Resolution remains as it is, this board of Trustees will force all Capital Claims to the Financial Ombudsman so they only have a maximum of $280,000 payout regardless of the amount you believe you are covered and is on your policy statement.
It is also my belief that some of the Trustees and Staff have known of this limitation of the Ombudsman and have “Pulled the Wool Over the Eyes” of the remaining Trustees.
The Rules also need to change the role of the Medical Advisor. I believe he (or she) is there to advise and the Trustees not being Medical Experts must take their Advise, Also, if the Medical Advisor, advises that an independent specialist is required, again in my case a Cardiologist, the Rules must reflect that the advice of the Independent Specialist is binding. In my case, I was sent to an Independent Cardiologist whose name was given to me by the Fund in April this year and that Independent Expert came to the same conclusion as to my Cardiologist and the Cardiologist who performed an Angiogram on me at the direction CASA.
Since then I have never been given an explanation as to why their “Independent Expert’s” advise has been rejected.
CASA does not “Suspend” nor do the “Cancel” a medical, they simply state the pilot Does not meet the Standard for a Class 1 Medical due to “x” regulation. For example, in my case in June 2009, after completing my Medical, CASA renewed my Class 2 Medical, but stated in a Letter that my Class 1 Medical would not meet the standard for a Class 1 Medical until I have completed more tests, a “Nuclear Stress Test” and an Angiogram. I informed the AAPMBF that my Class 1 Medical had not been renewed as per the Rules. I also rang the head of CASA Medical Department and he did renew my Class 1 Medical for another 2 months as I had had no symptoms and 2 months was enough time for me to have the additional tests completed. I had those additional tests and I then received another letter from CASA with the 2 months of my medical stating that I did not met the standard for a Class 1. At no time did they Cancel nor Suspend my Current Class 1 which still had a few weeks left to run.
Since that time, I have tried twice to have my Class 1 Medical approved. In each case CASA stated that I did not meet the standard for a Class 1, this correspondence was from 6th July 2011:
CASA has received the information it requested in support of your application for a medical certificate. Unfortunately, the information indicates that your history of low back pain requiring opiate and benzodiazepine medication and ischaemic heart disease with unrectified reversible ischaemia means that you still fail to meet the criterion for medical standards 1 and 2 as set out in Civil Aviation Safety Regulation (CASR) Parts 67.150.1.1,1.2,1.3, 1.9 and 67.155.2.1,2.2 and 2.3
CASA has now completed its assessment of your application and in accordance with CASR 67.180, has decided to refuse to issue you with the medical certificate.
CASA’s reasons for refusing to issue you with a medical certificate are:
• You have unresolved back pain that is being treated with sedating medication unacceptable for use in aviation
• You have evidence of reversible myocardial ischaemia, unresolved, which puts you at elevated risk of future myocardial events
Unresolved (my bolding) in this case means surgery. CASA has never given me any advice, nor is it their duty to give any advice, but they will never review a Class 1 Medical application by me until I have surgery. As my original Claim was for my Cardiac Problem, my other medical conditions currently do not affect my Capital Claim, nor have I ask extra from the fund.
I believe the Trustees need to be more involved with those members who have medical conditions and the rules need to change to reflect a more active involvement on a personnel level.
Individual Trustees need to “Case Manage” members who have lost their Class 1. Under Rule 14 (b) Trustees must do everything in the power to help the member, this has not happened in my case. At no time have I been asked for more information from my DAME or my Cardiologist. I have never been given advice as to what the Trustees and their Medical Advisor wanted me to do to regain my Class 1. Nor what they needed to be satisfied that I would not regain my Class 1. A set of SOP’s would rectify this situation and a member should have a Trustee informing him or her progress.
I had no communication from the Trustees, other than the occasional email from the Manager saying my monthly payment had been approved, some months I had no communication from the office, or the money would turn up in my bank account with no communication.
Since I had no communication for more information nor an explanation as to why they disregarded their “Independent Experts” advice, I asked my DAME and Cardiologist the questions that should have come from the Trustees.
Both my DAME and Cardiologist answered those questions and I passed this information on to the AAPMBF. Again, there was no correspondence from the Trustees regarding this information.
This happened at the same time as I was trying to renew my Class 1 Medical, knowing full well that CASA would not approve my Class 1. My DAME added an addendum to my application stating all my medical problems, including my Coronary Disease, Back problems and my mental state due to the lack of communication from the Fund. My DAME put me on anti-depressants and sent me to a physiologist with the reason for my depression and stated this to CASA as he should.
After CASA had rejected both my Class 1 and Class 2 Medicals and I had forwarded all of this correspondence to the Trustees, on my next visit to my DAME, he informed me that The Chairman of the AAPMBF, David Harget, had sent him a personnel letter (on letterhead and signed) roasting him for informing CASA that my mental state was due to the AAPMBF and answering the questions that I had put forward to him. David Harget has never written to me on Letterhead, only vie email and usually from his private email, not [email protected] ([email protected]) nor has he ever called me on the phone.
I believe there are some very good Trustees currently serving on the board, but “Factions” within are holding the fort and this needs to be stopped and the fund put back on its original intended path, “By Pilots, for Pilots” .
I would have lawyers re-write the full rule set and present this to members for a vote. I would not change the intent of the rules, but make them more coherent and easier to understand both from the members and the Trustees point of view, and inline with current CASA policy.
Other rules that I believe need changing are “As or With Co-Pilot” restriction. If you are a Single pilot, CFI, Instructor, Ag pilot your career is over, but it is not currently covered by the current rules.
It has always been my belief that the 15 month rule is for thing like a broken hip, it will mend but it will take time. Also if you are 30 and contract cancer, you would probably want to fight it and get your Class 1 Back even if it does take 4 years, but if you are over 50 your career is effectively over. What is wrong with signing a deed that states if you ever get your Class 1 Renewed you would pay 100% of the Capital Benefit you received back to the Fund?
I would change the rule that only Current Members with active Class 1 Medicals can become Trustees, effusively doing myself out of position of Trustee.
There are other rules such as if you loose your Class 1 due to problems with Pregnancy the fund is exempt from any payout. I believe this is discrimination.
The money in Trust is the members’ money, for the members and the rules must reflect this. I believe the most important rule is Rule 1 (b) OBJECTS, and I believe all other rules are there to back this rule. I would propose that the re-written rules come as a whole with both the lawyers explanation to the change of wording and the Trustees interpretation which would be backed up with a set of Standard Operating Procedures.
I am not trying to get elected just to get my Capital Payout, it is now in the hands of the Ombudsman. I want to become a Trustee to fix the problems I have found within the Rules and the organisation having lost my Class 1 Medical and I have personnel experience with the current system which I believe is broken. I would like to help fix it.
Regards
Mark Whitaker, 53yo, 32 years as a Pilot, ex H.C Sleigh, Skywest, East West Airlines, Lived and Flown in Luxembourg, Malaysia, PNG and all parts of Australia, 8 Years Geophysical Survey Pilot, 8 years as Chief Pilot of Airnorth and Regional Pacific Airlines
Some of you may be aware that I lost my Class 1 Medical in June 2009 and have been fighting with the AAPMBF for a Capital Payment since my 15 month rule came into effect in September last year.
I have taken as per the rules my dispute to the Financial Ombudsman and it is currently in their hands.
If elected as a Trustee and my dispute has not been resolved I will not be discussing my claim with the other Trustees and will not be present in any board discussions.
There are a number of reasons why I am using PPrune to campaign:
· 170 words on the ballot paper is nowhere near enough for putting forward my views and values for the fund.
· Having had first hand experience of loosing my Class 1 Medical and how this has effected myself and my family.
· Total lack of correspondence as to why my Capital Claim has been rejected.
· My belief that the rules are not well written and too easily controlled by factions within the Trustees. They have no Standard Operating Procedures for Trustees or I believe Staff to follow.
· Bringing the AFAP back from the cold and having a full time Trustee from the AFAP as the fund was originally set up.
Following is my first Profile to be included on the ballot paper. This was forwarded to the AAPMBF office on 4th October:
I nominate myself for the position of Trustee of the Australian Air Pilots Mutual Benefit Fund.
My full reasons for seeking a position on the Board of Trustees are on the website Pprune.
I have made a Capital Claim to the Fund which I have referred to the Financial Services Ombudsman in accordance with the rules of the AAP MBF. I have never been given an explanation from the Trustees as to why my Capital Claim has been rejected. In May 2011, the Chairman advised that I go to the Ombudsman who can legally only force the AAPMBF to pay me a maximum of $280,000 regardless of what is owed and I will have no recourse to sue for the remainder.
I believe the Trustees intend to force every Capital Claim to the Ombudsman to limit the benefit paid to members at $280,000 regardless of the Nominated Capital Benefit for which members are paying coverage.
If elected to the Board of Trustees, I will not be discussing my claim with the Board.
I then received this email on 10th October from the Chairman, Capt David Harget:
Dear Mark,
I would like to take this opportunity to follow up on earlier communication with you in regard to your claim against the AAPMBF. The Board considers your case in detail each month. In arriving at a decision there is a requirement for the Board to take into account the Rules of the Fund and the views of the Fund's medical advisors. Our medical advice to date is that there is likely hood that you would regain a class one medical, if your heart condition was treated surgically. I can assure you that these are very experienced practioners with a great deal of aviation medical knowledge. The other issue you raise is the paucity of correspondence from me as the Chairman. The Fund Manager is tasked with communicating with claimants and this is recorded when necessary and available for future reference. This maintains a single point of contact. The board will meet again next week, and I can assure you that we will again consider your current medical status, and i will personally will correspond with you following this meeting.
Regards David Harget
This is the first response I have had for the reason why my Capital Claim has been rejected by the board. Even though the Trustees feel that all I need is surgery, David Harget does not provide a reference to the rules to support his statements.
I have since followed up with a revised Profile that will appear with the Ballot paper:
I nominate myself for the position of Trustee of the Australian Air Pilots Mutual Benefit Fund.
My full reasons for seeking a position on the Board of Trustees are on the website Pprune.
I have made a Capital Claim to the Fund which I have referred to the Financial Services Ombudsman in accordance with the rules of the AAP MBF. I have never been given an explanation from the Trustees as to why my Capital Claim has been rejected. I was advised by the Chairman on 10 October 2011 that the Trustees’ Medical Advisor has stated to the Trustees only, not to me, ”there is likely hood (sic) that you would regain a class one medical, if your heart condition was treated surgically”. However, all the medical evidence I have seen has indicated that my condition cannot be treated surgically, including the independent advice of the Trustees Medical Expert appointed by the funds Medical Advisor.
In May 2011, the Chairman advised that I go to the Ombudsman who can legally only force the AAPMBF to pay me a maximum of $280,000 regardless of what is owed and I will have no recourse to sue for the remainder.
I believe the Trustees intend to force every Capital Claim to the Ombudsman to limit the benefit paid to members at $280,000 regardless of the Nominated Capital Benefit for which members are paying coverage.
If elected to the Board of Trustees, I will not be discussing my claim with the Board.
I am posting this on Pprune at 5pm EDST 17th October which is when nominations close.
As of 5pm EDST I have not heard from David Harget, nor the Office of the AAPMBF as to the outcome of last Thursdays meeting.
I have spoken with the Financial Ombudsman about my claim and they have told me some interesting facts that I believe all members should be aware of and that the rules of the fund need to change to reflect this knowledge.
The Financial Ombudsman is legally bound to only look at claims up to $500,000 and if they determine in favour of the person making the claim, the Financial Service, in my case Austair Pilots Pty Ltd, the Financial Ombudsman can only legally force a payment of $280,000. The outcome is enforceable and binding to Financial Service, but not to the Applicant. If they find in my favour, and I agree, I am forced to sign a “Deed of Agreement” that I cannot in any way pursue the Financial service provider for the remaining sum that I am owed.
I believe that if Rule 13 Dispute Resolution remains as it is, this board of Trustees will force all Capital Claims to the Financial Ombudsman so they only have a maximum of $280,000 payout regardless of the amount you believe you are covered and is on your policy statement.
It is also my belief that some of the Trustees and Staff have known of this limitation of the Ombudsman and have “Pulled the Wool Over the Eyes” of the remaining Trustees.
The Rules also need to change the role of the Medical Advisor. I believe he (or she) is there to advise and the Trustees not being Medical Experts must take their Advise, Also, if the Medical Advisor, advises that an independent specialist is required, again in my case a Cardiologist, the Rules must reflect that the advice of the Independent Specialist is binding. In my case, I was sent to an Independent Cardiologist whose name was given to me by the Fund in April this year and that Independent Expert came to the same conclusion as to my Cardiologist and the Cardiologist who performed an Angiogram on me at the direction CASA.
Since then I have never been given an explanation as to why their “Independent Expert’s” advise has been rejected.
CASA does not “Suspend” nor do the “Cancel” a medical, they simply state the pilot Does not meet the Standard for a Class 1 Medical due to “x” regulation. For example, in my case in June 2009, after completing my Medical, CASA renewed my Class 2 Medical, but stated in a Letter that my Class 1 Medical would not meet the standard for a Class 1 Medical until I have completed more tests, a “Nuclear Stress Test” and an Angiogram. I informed the AAPMBF that my Class 1 Medical had not been renewed as per the Rules. I also rang the head of CASA Medical Department and he did renew my Class 1 Medical for another 2 months as I had had no symptoms and 2 months was enough time for me to have the additional tests completed. I had those additional tests and I then received another letter from CASA with the 2 months of my medical stating that I did not met the standard for a Class 1. At no time did they Cancel nor Suspend my Current Class 1 which still had a few weeks left to run.
Since that time, I have tried twice to have my Class 1 Medical approved. In each case CASA stated that I did not meet the standard for a Class 1, this correspondence was from 6th July 2011:
CASA has received the information it requested in support of your application for a medical certificate. Unfortunately, the information indicates that your history of low back pain requiring opiate and benzodiazepine medication and ischaemic heart disease with unrectified reversible ischaemia means that you still fail to meet the criterion for medical standards 1 and 2 as set out in Civil Aviation Safety Regulation (CASR) Parts 67.150.1.1,1.2,1.3, 1.9 and 67.155.2.1,2.2 and 2.3
CASA has now completed its assessment of your application and in accordance with CASR 67.180, has decided to refuse to issue you with the medical certificate.
CASA’s reasons for refusing to issue you with a medical certificate are:
• You have unresolved back pain that is being treated with sedating medication unacceptable for use in aviation
• You have evidence of reversible myocardial ischaemia, unresolved, which puts you at elevated risk of future myocardial events
Unresolved (my bolding) in this case means surgery. CASA has never given me any advice, nor is it their duty to give any advice, but they will never review a Class 1 Medical application by me until I have surgery. As my original Claim was for my Cardiac Problem, my other medical conditions currently do not affect my Capital Claim, nor have I ask extra from the fund.
I believe the Trustees need to be more involved with those members who have medical conditions and the rules need to change to reflect a more active involvement on a personnel level.
Individual Trustees need to “Case Manage” members who have lost their Class 1. Under Rule 14 (b) Trustees must do everything in the power to help the member, this has not happened in my case. At no time have I been asked for more information from my DAME or my Cardiologist. I have never been given advice as to what the Trustees and their Medical Advisor wanted me to do to regain my Class 1. Nor what they needed to be satisfied that I would not regain my Class 1. A set of SOP’s would rectify this situation and a member should have a Trustee informing him or her progress.
I had no communication from the Trustees, other than the occasional email from the Manager saying my monthly payment had been approved, some months I had no communication from the office, or the money would turn up in my bank account with no communication.
Since I had no communication for more information nor an explanation as to why they disregarded their “Independent Experts” advice, I asked my DAME and Cardiologist the questions that should have come from the Trustees.
Both my DAME and Cardiologist answered those questions and I passed this information on to the AAPMBF. Again, there was no correspondence from the Trustees regarding this information.
This happened at the same time as I was trying to renew my Class 1 Medical, knowing full well that CASA would not approve my Class 1. My DAME added an addendum to my application stating all my medical problems, including my Coronary Disease, Back problems and my mental state due to the lack of communication from the Fund. My DAME put me on anti-depressants and sent me to a physiologist with the reason for my depression and stated this to CASA as he should.
After CASA had rejected both my Class 1 and Class 2 Medicals and I had forwarded all of this correspondence to the Trustees, on my next visit to my DAME, he informed me that The Chairman of the AAPMBF, David Harget, had sent him a personnel letter (on letterhead and signed) roasting him for informing CASA that my mental state was due to the AAPMBF and answering the questions that I had put forward to him. David Harget has never written to me on Letterhead, only vie email and usually from his private email, not [email protected] ([email protected]) nor has he ever called me on the phone.
I believe there are some very good Trustees currently serving on the board, but “Factions” within are holding the fort and this needs to be stopped and the fund put back on its original intended path, “By Pilots, for Pilots” .
I would have lawyers re-write the full rule set and present this to members for a vote. I would not change the intent of the rules, but make them more coherent and easier to understand both from the members and the Trustees point of view, and inline with current CASA policy.
Other rules that I believe need changing are “As or With Co-Pilot” restriction. If you are a Single pilot, CFI, Instructor, Ag pilot your career is over, but it is not currently covered by the current rules.
It has always been my belief that the 15 month rule is for thing like a broken hip, it will mend but it will take time. Also if you are 30 and contract cancer, you would probably want to fight it and get your Class 1 Back even if it does take 4 years, but if you are over 50 your career is effectively over. What is wrong with signing a deed that states if you ever get your Class 1 Renewed you would pay 100% of the Capital Benefit you received back to the Fund?
I would change the rule that only Current Members with active Class 1 Medicals can become Trustees, effusively doing myself out of position of Trustee.
There are other rules such as if you loose your Class 1 due to problems with Pregnancy the fund is exempt from any payout. I believe this is discrimination.
The money in Trust is the members’ money, for the members and the rules must reflect this. I believe the most important rule is Rule 1 (b) OBJECTS, and I believe all other rules are there to back this rule. I would propose that the re-written rules come as a whole with both the lawyers explanation to the change of wording and the Trustees interpretation which would be backed up with a set of Standard Operating Procedures.
I am not trying to get elected just to get my Capital Payout, it is now in the hands of the Ombudsman. I want to become a Trustee to fix the problems I have found within the Rules and the organisation having lost my Class 1 Medical and I have personnel experience with the current system which I believe is broken. I would like to help fix it.
Regards
Mark Whitaker, 53yo, 32 years as a Pilot, ex H.C Sleigh, Skywest, East West Airlines, Lived and Flown in Luxembourg, Malaysia, PNG and all parts of Australia, 8 Years Geophysical Survey Pilot, 8 years as Chief Pilot of Airnorth and Regional Pacific Airlines