RICHARDSON - A Dallas man who nearly lost his life in an accident at work two years ago is still fighting to get medical treatment.

Despite graphic evidence, support from David O'Reilly's doctors and the state, his employer, Richardson Independent School District, have been refusing to pay for much needed treatment.

In previous investigations, News 8 has put the entire state workers compensation system under the microscope. However, in O'Reilly's case, the workers compensation system worked fine. Instead, this is a story about RISD, its attorneys and insurance carrier, who have all worked together to deny medical treatment O'Reilly.

David O'Reilly lives in a small apartment and collects toy motrcycles as a pastime. He also has one simple desire, to get well and go back to work.

O'Reilly needs surgery to repair a torn muscle in his shoulder, which is just one of several injuries he suffered two years ago at work.

"[I] walk out to my car to go on break and this van backs out of nowhere and hits me and throws me about nine feet, ten feet," he said. "My head goes through the window."

O'Reilly endured a fractured left elbow and left rib, multiple lacerations and later underwent lung surgery to remove fluids.

While RISD paid for his emergency treatment, all of his follow-up care under workers compensation insurance was denied.

"To the best of my ability, I know this man needs surgery," said Benzel MacMaster, an orthopedic surgeon.

MacMaster has twice scheduled O'Reilly for a shoulder operation, but the school district's insurance said denied it both times.

But the denial of care is a small part of the story.

Since O'Reilly can't get surgery, he also can't work. Unable to work, O'Reilly was fired by the district.

"They terminated me after twelve weeks," he said.

Not only was O'Reilly fired by Richardson school officials, they are also suing him in hopes to recoup their expenses.

They contend that his fractured left rib, the resulting lung surgery and his tendon tear are "ordinary disease of life" and are not related to the van that plowed into him and sent him to the emergency room.

RISD attorneys have not stopped there.

O'Reilly, who is autistic, was quizzed recently by the school district's attorney in a four hour deposition, which is a customary practice by lawyers representing their clients' interests.

"It was just shocking to me," said Jo Alch, a family friend of O'Reilly's and a registered nurse.

Alch tried to help O'Reilly deal with insurance case workers who she said acted patronizing and unhelpful.

"Any questions David would ask they would answer the questions in such a way that would just confuse him and cause more anxiety," she said.

Richardson tax payers have shelled out more than $32,000 to pay for the attorneys suing O'Reilly.

Both the attorneys and the school district have declined to comment on the case. However, after News 8 started asking questions, the insurance carrier suddenly reversed course and O'Reilly underwent surgery Thursday.

E-mail bshipp@wfaa.com