OPEN LETTER TO WYNDHAM WORLDWIDE, RETURN TO WORK REQUEST with Accommodations
THE WORLD’S LARGEST VACATION OWNERSHIP COMPANY, C/O THEIR WORK COMP DEFENSE FIRM:
Managing Shareholder, Novato
State Bar of California Board of Legal Specialization
Grancell, Stander, Reubens, Thomas and Kinsey
A Professional Corporation
7250 Redwood Blvd. Suite 370
Novato, California 94945
415-892-7676 – Phone / (415) 892-7436- Fax
Re: Linda Ayres vs WyndhamWorldwide et al
TIME IS OF THE ESSENCE ADJ8181903, CNA #E3269102, CORVEL #44582781-UMO-12 +
1. Return To Work – Request for Meeting with WyndhamWorldwide Human Resources, in accordance with WC and Labor Law to expedite RTW, Return to Work
2. Additional Medical Treatment and Medical Miles Requests for Reimbursement and continued demand for immediate reimbursements – $1,712.58 Total Now Due: $25,262.99
PLUS MAXIMUM PENALTIES PROVIDED BY LAW
ps: You might check with the adjuster to see just what medical treatments for diagnosed injuries were authorized and if chiropractic and physical therapy are ….. sufficient for TRAUMATIC BRAIN INJURY!
No legit doctors would agree…. Just sayin…
Dear Mr. Reubens:
I think your email asked me to summarize my long emails??!!! OMG!!! What part of #TBI injury still escapes you???!!! Pictures enclosed at the end to help you grasp it.
The easiest thing for you might be to ask your staff WHAT MEDICAL TREATMENT HAS BEEN PROVIDED TO THIS INJURED WORKER FOR DIAGNOSED INJURIES SINCE DATE OF INJURY, 1/9/12. THE ANSWER TO THAT SAYS IT ALL FOR ANY THINKING HUMAN BEINGS. The response is meaningless to those of psychopathic propensities, EVIDENCED BY 2 YEARS 6 MONTHS OF FAILURE TO AUTHORIZE MEDICALLY NECESSARY TREATMENTS BY YOUR CLIENTS AND YOUR FIRM.
It’s a miracle I am as coherent as I am, at times!!! Read any of the neuro-psych reports for a full list of cognitive impairments that your clients have maliciously and willfully and harmfully refused to provide medically necessary treatments for.
DON’T BOTHER ME ANY MORE, PLEASE, WITH YOUR LEGAL MUMBO-JUMBO. TRICKERY AND CHICANERY. HELP ME GET BACK TO WORK. Your last email causes me to think of Sonderkommandos, and that makes me want to spit!
My previous communication had three simple points: (1) PLEASE PROVIDE MEDICALLY NECESSARY TREATMENTS FOR #TBI AND ORTHOPEDIC INJURIES AND (2) REIMBURSE EXPENSES FOR MEDICALLY NECESSARY TREATMENTS BOTH AUTHORIZED AND SELF-PROCURED IN COMPLIANCE WITH CALIFORNIA LABOR CODES BECAUSE YOUR CLIENTS HAVE REFUSED AND CONTINUE TO REFUSE TO PROVIDE MEDICALLY NECESSARY TREATMENTS IMMEDIATE AND SINCE DATE OF INJURY, JANUARY 9, 2012. I provided you with very simple summaries.
(3) As a point of information, I have not received a legitimate medical index of records to be provided to yet another Orthopedic doctor for yet another Orthopedic evaluation for your clients to ignore and cause further harm to me in so doing. TAKE IT TO THE JUDGE. I’LL SEE YOU THERE. MAYBE ’60 MINUTES’ CAN JOIN US. It could possibly provide Wyndham with additional media coverage.
While I do the best I can to represent myself in-pro-per, I am not an attorney, CAAA attorneys have advised there is too much fraud in my case for them to touch, and the Info & Assistance Officers you mentioned I should contact for help have been complicit in the results of failure to provide medical treatment, and other ADA abuses. I have cited the various laws REPEATEDLY for 2 years, 6 months, to no avail. Check the boxes of records you have for clarification.
Offices of Workers Comp in California have also failed to provide any legitimate assistance to this injured worker, fully aware of the improprieties of your clients and your firm.
I am not equipped to personally fight Organized Crime Syndicates. That’s a job for the Department of Justice.
Since it is evident by your recent communication that the bad faith efforts of your firm and it’s clients will do nothing but escalate, I have no further choices if I am to save my life from the horrors of the system and criminals you allege to represent. It is my understanding that a doctor’s release and a face-to-face meeting with a Wyndham Human Resources Manager is the next step toward RTW, Return to Work.
Since you requested that I have no direct contact with my employer, kindly organize that RTW meeting as soon as possible. So as not to relinquish any legal rights, a courtesy copy is being sent to WyndhamLeaveSupport electronically at email@example.com for any appropriate actions necessary to assist you in scheduling the necessary meetings.
Public notices indicate the WyndhamWorldwide – Indio Resort is ‘hiring’ and will be starting a new training class soon.
I would like to aim to be in the next class, probably starting in August 2014, despite medical opinions that I am not ‘ready’ to return to work, due to lack of appropriate medical treatment since the injuries. I have no choice but to TRY TO RETURN TO WORK, AND MAKE THE BEST OF IT, AND GET INSURANCE SO I CAN GET MEDICAL CARE FOR THE UNTREATED INJURIES AND COMPLICATIONS THEREOF.
That could be an advantage to your client, as well-trained “newbies” tend to be revenue generators. The advantage to me is that I can have an opportunity to return to work, and see if I can do it. I will give it my all, as I refuse to die for the greed and avarice of your people, and I refuse to join the defenseless and the homeless, without resources.
Due to my brain injuries, and the totally ‘new personality” and diminished cognitive skills, caused by those injuries, I will have to learn the industry ‘new’, like a new employee. An ‘in-house’ presentation to owners is 45 minutes vs. ‘front line’ presentations of 90 minutes.
My experience is with both types of guests, but due to the injuries, for starters, “in-house” seems best. One doctor, in 2012, told me to never admit I have a brain injury. When I asked “when will I know I am ready to return to work?” he counseled that “You’ll know you’re ready to return to work when you are back at work.”
He further indicated that “IF you give 145% effort, nobody at work will know you have a brain injury. Never tell anyone you have a brain injury, as it carries a stigma.” From a physics perspective, it’s impossible to give 145% effort, but his knowledge of TBI was also sadly limited.
One doctor’s office staff said, “I didn’t know you before, but I bet you are a whole lot more fun than you ever were before.” That may be so, UNLESS MY LIFE IS BEING THREATENED FOR THE PROFIT OF THE FEW.
In the far-fetched event that the most recent Corvel Corporation- UR Denials for medically necessary treatment APPEAL is finally authorized (1,000 days later! Tsk!) the return to work request still stands, but the request would be not for RTW at Indio, but for an Oceanside or San Diego property.
DENIED NECESSARY MEDICAL CARE SINCE DATE OF INJURY TO LINDA AYRES #ADJ8181903
From and including: Monday, January 9, 2012
To, but not including Wednesday, July 9, 2014 Result: 912 days
It is 912 days from the start date to the end date, but not including the end date
Or 2 years, 6 months excluding the end date
Alternative time units
912 days can be converted to one of these units:
130 weeks (rounded down)
Such accommodations would include, but not be limited to, a temporary relocation package or lodging accommodations in/around Oceanside during treatment at the SCRIPPS brain injury rehabilitation treatment center for the recommended approximately 3 days a week for 3 months, subject to further evaluations of progress.
One of your vendors, CNS, has a brain injury rehab facility in Encino, Bakersfield and someplace in Northern California. Their program seems nearly equivalent to SCRIPPS, and would be another option, as indicated on the RFA, Request for Authorizations.
Full ADA accommodation requests will be provided by treating doctors, Dr. Hilda Chalgujian, NeuroPsychologist and Dr. Darren Bergey, Orthopedic Surgeon, and by this employee, upon receipt of the necessary forms.
In light of the continued bad faith actions and fraudulent denials of medical care, and in consideration of the urgent but denied medical treatments recommended by multiple doctors, most recently by Dr. Hilda Chalgujian, NeuroPsychologist, and Dr. Michael Lobatz, Neurologist and Psychiatrist, I am asking my designated doctors (PTP, Dr. Darren Bergey, Orthopedic Surgeon and Secondary Treating Specialist, Dr. Hilda Chalgujian) to provide a trial release to work immediately, with medically necessary accommodations. I met with Dr. Hilda this week and I am scheduled to meet with Dr. Bergey the end of July; I was unable to get an earlier appointment.
While you suggested that the Affordable Care Act would be a possibility for me to obtain medical care that your clients have maliciously and unlawfully failed to provide since date of injury, alas, my application for ‘Covered California’ has been ‘pending since March 2014.
It is my understanding that a return to work will provide me with full medical insurance benefits after 30 days, or sooner, and I will pursue medical treatments from that perspective. Dr. Hilda’s April 2014 report was very clear in her recommendations that there was a 6 month window in which to maximize any improvements with my cognitive impairments.
The position of vacation ownership sales executive is commission plus bonuses, with W-2 salary against draw, so I will need reimbursement of all unpaid medical expenses forthwith, prior to return to work.
TIME IS OF THE ESSENCE FOR MEDICAL TREATMENTS AND REIMBURSEMENTS.
The failure of your clients to have provided immediately medically necessary treatments has kept me off work nearly 1,000 days. While your contention is that my injuries are minimal, and your 3 doctors and supporting Corvel non-TBI expert doctors– have suggested that my symptoms are merely ‘headaches’…. we know you are not a doctor.
We know that the ‘3 dubious doctors’ derive the majority of their income from insurance industry referrals and are not competent in diagnosis nor treatment of Traumatic Brain Injuries, as evidenced by their false reports. We also know you have not reviewed all medical evidence, and your assumptions are based on false evidence appearing real.
2. Attached is additional reimbursement requests, in accordance with California Labor Codes, in the amount of $1,712.58 bringing the past due amounts, unpaid by your clients since 2012, for a grand total due now, plus penalties, in the amount of $25,262.99
Please do check with your staff and clients on what medical treatments they believe were authorized for the diagnosed injuries and if chiropractic and acupuncture and a few sessions with a clinical psychologist in 2012, and a few with a neuro-psychologist in 2013 are deemed sufficient and compliant with legitimate medical practices in civilized society.
Upon return to work, I hope and expect to get legitimate medical treatment and support to the Department of Justice in pursuing the mis-handling of my WorkComp Injuries by your firm and your clients. If I fail, due to cognitive impairments, as a sales executive, perhaps Wyndham will accommodate by creating a new position so that other Wyndham Workers will never have to be subjected to the horrors I have experienced at the hands of their defense counsel and insurance carrier.
Please direct your clients to comply with the law and immediately remit said funds, requested repeatedly. Complaints with the WorkComp Audit Unit will be updated against your clients for their handling.
Please let me know if you need any further information in order to expedite these requests.
Thank you for your prompt attention and courtesy to these matters.
Linda Ayres, In Pro Per
Injured American Worker; TBI Survivor
Injured Worker Denied Medically Necessary Treatments for Work Injuries since 1/9/12 by employer, WyndhamWorldwide and it’s insurance carrier, CNA Claims Plus aka American Casualty, and it’s defense firm, GRANCELL STANDER REUBENS THOMAS AND KINSEY – El Segundo, Corona and Novato, California
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PROOF OF SERVICE
RE: LINDA AYRES V. WYNDHAM WORLDWIDE ET AL
WCAB CASE NO. ADJ8181903 CNA E3269102WE
STATE OF CALIFORNIA
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