I am presently engaged in litigation with an insurance company. They have refused my claim. They choose not to believe anything I present to them. Any acceptance of the truth on their part will cost them money. Money that will not be available for their salaries, or their pensions. Like all mature organizations they operate for the benefit of themselves, not for the benefit of their ostensible clients, and not for the citizens of Québec who end up having to foot the bill.
It is my belief the insurer is engaged in wilful blindness. Any evidence presented to such an organization is simply denied. In the prior post, I presented my knowledge of a sleep problem. The problem is that my statements are nothing more than unsubstantiated claims. Even if I were to obtain affidavits from my former wife and all my significant others, this sleep evidence may be dismissed. The testimony of these individuals may be assumed to be biased in my favour.
What follows is a body of sleep evidence that is unimpeachable. It consists of posts created over the course of a six month period in 2013. At the time of creating these posts I was dealing with a great many issues arising from my injury. I did not perceive myself as having any form of “sleep problem.” I had a brain injury problem, I had a problem with memory, with word finding, with loss of skills, with time, with decision making, with way finding, with leaving the stove on and burning the house down. I did not recognize myself as having a sleep problem.
In 2013, in the course of making posts recording information on all of my other problems, I added notes which, on subsequent review, provide conclusive evidence of problems with sleep. The insurer may wish to allege that all of this evidence is bogus. But they then have to explain how and why it is that I would concoct evidence in 2013 with the intent of a presentation before TAQ in 2015, or 2016, when I had no knowledge that this matter would stretch out this long, when I had no knowledge of TAQ, and no awareness of a sleep issue arising from a brain injury. But I will leave this up to the insurer to explain.
What follows are a series of links to prior blog entries each of which contains a statement, or reference, to a sleep problem occurring at the time of the original post creation. The blog software that I am using records any change made to a post. I am therefore able to provide conclusive proof that these posts were entered on the dates indicated. It is not possible for me in 2015 to return to a 2013 post and add in bogus information. Any modifications and changes made to an original post are dated and the change recorded. This record may be made available for inspection by any third party concerned to establish the veracity of this record. At the end of the links I have entered some text which speaks to the statistical validity of this information.
1. A May 30th, 2013 blog entry describes not sleeping well and being up in the middle of the night.
May 30th, 2013 blog entry
2. A June 6th, 2013 blog entry describes waking at 0300 and unable to return to sleep.
June 6th, 2013 blog entry
3. A June 9th, 2013 blog entry describes the work, headache, nap, cycle.
June 9th, 2013 blog entry
4. A June 19th, 2013 blog entry describes fatigue problems and waking at 0330
June 19th, 2013 blog entry
5. An August 22, 2013 blog entry describes a daily routine punctuated by naps of one hour duration.
August 22, 2013 blog entry
6. An August 25th, 2013 blog entry describes lying awake at night unable to sleep.
August 25th, 2013 blog entry
7. An August 27th, 2013 blog entry states it was being completed at 0200 as I was unable to sleep.
August 27th, 2013 blog entry
8. September 6th, 2013 blog entry with s description of disrupted sleep.
September 6th, 2013 blog entry
9. September 8th, 2013 blog entry describes being unable to sleep.
Septeber 8th, 2013 blog entry
10. September 12th, 2013 blog entry posted at 0437 as unable to sleep.
September 12th, 2013 blog entry
11. September 14th, 2013 blog entry starts “unable to sleep last night.”
September 14th, 2013 blog entry
12. September 26th, 2013 blog entry reports coming downstairs when unable to sleep.
September 26th, 2013 blog entry
13. October 14, 2013 blog entry reports a disrupted sleep wake cycle.
Also has data on time to create a block of text.
October 14, 2013 blog entry
14. October 16th, 2013 blog entry describing a sleep schedule “completely out of whack” and the inability to maintain a normal sleep schedule.
October 16th, 2013 blog entry
15. December 4th, 2013 blog entry describes awake at 0449 and unable to get back to sleep.
Balance of post details activities undertaken on this date together with sleep problems.
December 4th, 2013 blog entry
16. December 6th, 2013 blog entry describes sleep problems.
December 6th, 2013 blog entry
17. December 7th, 2013 blog entry describes waking at 0530.
December 7th, 2013 blog entry
18.December 20th, 2013 blog entry describes disrupted sleep pattern.
December 20th, 2013 blog entry
19. December 21st, 2013 blog entry describes working all day until 0100 of the next day.
December 21st, 2013 blog entry
29. December 23rd, 2013 blog entry describing going to bed in positive frame of mind and waking with a very negative state.
December 23rd, 2013 blog entry
| Posts Describing Sleep Problems | ||||
| Sleep Posts | Monthly Posts | Percent | ||
| June | 4 | 14 | 28% | |
| July | 0 | 3 | 0 | |
| August | 3 | 9 | 33% | |
| September | 5 | 11 | 45% | |
| October | 2 | 19 | 10% | |
| November | 0 | 2 | 0 | |
| December | 6 | 11 | 54% | |
| Total: | 28 | 69 | 30% | |
Sleep Evidence Notes:
- The sleep reporting is incidental. The intent of the posting was not to record sleep problems. I was unaware of making these sleep reports and am surprised at the number of them. This suggests the under reporting of sleep problems as the capture of such disturbance was not the primary, or even the secondary, purpose of the blog post.
- The number of posts made per month varied depending on the nature of other activity. When heavily engaged in writing other reports or submissions, the blog would be temporarily abandoned. This suggests an under reporting of sleep dysfunction.
- During periods of crisis I sought relief by writing a post. This helped me interpret my experience. This suggests an over reporting of sleep dysfunction.
- During this period I sought to suppress, or to deny, all awareness of my injury. A number of posts speak to exactly this fact and to the attempt to move the blog’s horizons beyond self-referential reporting of despair and problems. This suggests under reporting of the true extent of sleep dysfunction.
- I did not perceive myself to be having a sleep problem. It is only now, in October of 2015 after investigating this issue that I have come to realize that I do in fact have a long standing sleep issue. I am now aware of sleep as a problem.
Update
Since July 2012 I have maintained an accident log, a text file containing observations on my injury and its effects. In searching for some other data, I located entries from 2013 that describe sleep problems. The sample entry below was posted in July, a month in which the three blog posts describe no evidence of sleep problems.
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2013-07-1010:45:44
Just woke up. Was up aound (sic) 0300 and then back to sleep near to 0500.
Have a sense of “heaviness” nad (sic) discomfort in left side of head the std location for this since day 1 of accident.