#WorkComp: The “compensation bargain” has been BREACHED. Where is the DA and ABA???

Blog drafted 7/27/2013:

Injured worker DWC-1 Statement of Injury:

6. Describe injury and body part affected.  Describa la lesion y parte del cuerpo afectada.  fell/slipped on ice – landed on back and hit back of left side of head very hard.

[Haven’t been ‘right since.  0.0 ]

brain concussion tbi

Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as “the compensation bargain”.

The “compensation bargain” has been BREACHED.    Where is the DA and ABA???

ABA Mission

To serve equally our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

TREATMENTS AUTHORIZED for TBI SINCE INJURY OF JANUARY 9, 2012:

January 9, 2012- April 2, 2012 – CHIROPRACTIC – 14 TREATMENTS, interrupted, non-consistent care.   6 additional treatments authorized in June 2013, however, a provider has not been found willing to accept workers comp insured injured worker.

January 14, 2012 – August 21, 2012  PSYCHOLOGICAL SUPPORT – 13 treatments  (20 minutes from injured worker’s home) to sort thru horrors and abuse of maze of denied medical care, incompetent legal counsel, lack of support and on-going mental abuse and denials of medical care by insurance company adjuster; 4 treatments (2 hours from inured workers’ home)  in the summer of 2012 with a doctor of unknown credentials, aimed at ‘masking impairments of brain injuries’ and considering self-procurement of various technology gadgets to help complete a charade to cover up significant brain injuries.

April 19, 2013 – May 8, 2013 – PHYSICAL THERAPY, CERVICAL ONLY – 8 treatments, further treatment recommended, not-authorized.

Is that possibly in compliance with ACOEM GUIDELINES for treatment??   WCAB Information Officer was unable/unwilling to share the alleged office copy of the ACOEM book with at least THIS injured worker.   We are the media now….we do not…FORGET.

end evil  step out of line

AMERICAN CASUALTY COMPANY dba CNA Claims Plus – Chicago, Illinois   –   Grancell, Stander, Reubens, Thomas & Kinsey, A Professional Corporation, Attorneys At Law, David J. Lynch and Associates, Mike V. Durich Law Officers, Castillo & Associates (Attorneys at Fraud? Attorneys at Negligence? Purveyors of Maimings and Death???….)   ….. CORVEL CORPORATION…. CROWE PARADIS….. et al.

What about the Super Lawyers who were asked for help, but due to the fact that 1, then 2, then 3 ineffective, inconsiderate, incompetent-with-regard-to-injured-workers-with-brain-injuries had been hired then were found to be grossly incompetent and apparently willing only to work for a quick-buck, not get medical care for an injured worker??  No social culpability?  Superstitions with regard to the “2-attorney rule”….. DAMNING INJURED WORKERS TO THE MERCILESS PSYCHOPATHIC and CRIMINAL DENIALS OF LEGITIMATE, REASONABLE AND APPROPRIATE MEDICAL CARE AND WITHOUT LEGAL REPRESENTATION?

DOES THE COMMISSION ON MENTAL AND PHYSICAL DISABILITY LAW condone such practices? https://www.facebook.com/ABA.CDR  http://www.americanbar.org/groups/disabilityrights.html  https://www.facebook.com/ABA.IRR

mlk passively accepting evil is cooperating with it

WHEN DOES THIS ENTIRE CROWD, INCLUDING THE COMPLICIT DOCTORS WHO ‘EARN’ up to $4,000+ per ‘KILLER CONTRACT’ BOGUS REPORTS TO MAIM AND KILL FELLOW AMERICANS —————-WHEN DO THEY FACE THE NATION FOR THEIR CRIMES AGAINST AMERICANS AND CRIMES AGAINST HUMANITY IN THEIR QUEST FOR THE ALMIGHTY DOLLAR.

Next time you read an article, watch a video of tv show alleging to be investigating “Workers Comp Fraud”….. if the doctors, lawyers, insurance companies and third party evaluators are not included in said investigations……  SHUN THEM.  Know them by their deeds.

GRAVE ENEMIES OF AMERICAN WORKERS??!!

nazi-found-in-usa-a-michael-karkoc-386x217

DRAW YOUR OWN CONCLUSIONS.

Linda Ayres 2 seconds ago facebook should have an

MEDICAL DIAGNOSIS FROM A VARIETY OF PHYSICIANS

Thru July 2013; ALL WELL-PAID FOR REPORTS REQUESTING FURTHER MEDICAL EVALUATIONS AND TREATMENT; ALL DENIED

(but doctors get their bucks, while the injured worker suffers greater harm!)

DIAGNOSES:  854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing,, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive Sydrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury,  Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes

brain left and right summary

PHYSICIAN REQUESTED EVALUATIONS AND TREATMENT RECOMMENDATIONS; DENIED.

  • Section 4610(e) provides “NO PERSON OTHER THAN A LICENSED PHYSICIAN WHO IS COMPETENT TO EVALUATE THE SPECIFIC CLINICAL ISSUES INVOLVED IN THE MEDICAL TREATMENT SERVICES, AND WHERE THESE SERVICES ARE WITHIN THE SCOPE OF THE PHYSICIAN’S PRACTICE, REQUESTED BY THE PHYSICIAN MAY MODIFY, DELAY, OR DENY REQUESTS FOR AUTHORIZATION FOR MEDICAL TREATMENT FOR REASONS OF MEDICAL NECESSITY TO CURE OR RELIEVE.”

ADA VIOLATIONS TO BOOT??  Cell phone confiscated along with recorder, properly requested?

AT A WORKER’S COMP HEARING WITH THE INFORMATION OFFICER, in December 2012 and again in June 2013, injured worker requested a PHYSIATRIST to be authorized as the Primary Treating Physician, again denied.  Orthopedic surgeons have been the primary reporting doctors on the brain injuries.   ADA accommodations to record the hearing and to use a laptop to type responses to difficult questions prior to answering was requested by directions provided by the WCAB ADA Coordinator, THEN DENIED BY THE INFORMATION OFFICER.  Said officer also CONFISCATED THE RECORDER BROUGHT BY THE INJURED WORKER, AND CONFISCATED THE INJURED WORKERS CELL PHONE DURING THE HEARING.

The defense attorney has been requested to provide communications electronically as it easier for the injured worker to read from a computer monitor than to focus on pages, due to the vision impairments and cognitive disabilities.  The request is further made because the injured worker lives in Rural America and the mail box is approximately 5 miles away, and is visited only once or twice a week, or when notified of important mail having been sent.  Not only does the defense attorney refuse to comply with this ADA request, she further maliciously waits till the last minute to send time sensitive documents, her staff has on at least 2 occasions perjured on proof of service, and extreme hardship and stress is caused as injured worker attempts to meet unreasonable delays caused by the malicious denials, and failures to advise electronically of delays.  Simply evil…..unlawful….. and unconscionable.

http://www.ada.gov/

WC ADA

In a smooth team-work-type action, Defense Counsel spoke up at the confiscation of the cell phone and asked politely, “Do you want my cell phone too?”   Brain Injured worker was verbally assaulted for repeating questions and statements, and for providing useless ‘spreadsheets’ of information, which are the only way the injured worker has any hope of keeping the confusing information somewhat retrievable.   Brain Injured worker was also deceived again that THE ONLY HOPE OF GETTING ANY MEDICAL CARE IS TO HAVE A QME [QUALIFIED MEDICAL EXAM] WITH A NEUROLOGIST, the same deception used in December 2012, that resulted in yet another Orthopedic Surgeon as the primary treating physician.

THE LAW DOES NOT REQUIRE AN INJURED WORKER TO GROVEL AND PLEAD AND BEG FOR MEDICAL CARE FOR AN INDUSTRIAL INJURY. THE LAW IS CLEAR THAT AN EMPLOYER HAS AN IMMEDIATE AND PRO-ACTIVE RESPONSIBILITY TO PROVIDE IMMEDIATE, REASONABLE AND APPROPRIATE MEDICAL CARE TO AN INJURED WORKER.   Those who defy those laws, and do so by fraud and for profit, must be considered enemies of the American Workers, and must be brought to Justice for their individual and collective crimes against INJURED AND DISABLED AMERICAN WORKERS.

MAKE A DIFFERENCE??  If not now, then when??  If not you, then who??How many more must be maimed, injured and killed by a corrupt group of medical and insurance killers??

CAN YOU SAY WHY AMERICA IS THE GREATEST COUNTRY IN THE WORLD??

The most honest three and a half minutes of television, EVER…

AMERICA IS NO LONGER THE GREATEST COUNTRY IN THE WORLD.  TIME TO FIX THAT??

flag and eagle

The current Orthopedic Surgeon has repeatedly requested brain injury evaluations and treatments, DENIED BECAUSE HE IS AN ORTHOPEDIC DOCTOR, NOT A BRAIN DOCTOR, AND AN INSURANCE-COMPANY NEUROLOGIST (the only one authorized after several non-insurance company neurologists had been denied by CNA Insurance Adjuster) claims the only medical treatment necessary is ‘over the counter analgesics’ and said doctor marvels that injured worker could complete a detailed new patient intake form (CONFIRMING HIS ABSOLUTE IGNORANCE OF BRAIN INJURY, which is not a part of his medical practice, yet his report is used as a weapon for continued denied medical care).

SOMETHING’S HAPPENING HERE, AND WHAT IT IS IS EXACTLY CLEAR.   Will justice prevail?

Medical Disability Advisor states:  ”A PHYSIATRIST CAN BEST ASSESS THE DEGREE OF MENTAL AND FUNCTIONAL DISABILITY FOLLOWING BRAIN INJURY…… participation in the rehabilitation program can include physical, occupation, speech and recreational therapists, social workers and vocational counselors.  

tbi and ice

A coordinated treatment approach from a team of healthcare professional is necessary for treatment to succeed…. In rehabilitation of a head injury, the therapist must sequence activities from easy to more difficult.”

  • Blog search for “Treatment” https://askaboutworkerscompgravytrains.com/?s=TREATMENT
  • Applicant’s Medical Index: https://askaboutworkerscompgravytrains.com/2013/07/04/workers-comp-doctors-lawyers-and-gravy-train-riders-4000-per-bogus-medical-report-doh/
  • APRIL 2012 –
    Judgment and Insight:  The patient’s judgment and insight seemed intact. Patient appeared to be aware of how the injury had affected cognitive functioning and discussed taking steps to remediate for areas of perceived deficit….
    Test Behavior: The patient was also frequently tearful, becoming emotionally distraught when perceived unable to perform various tasks as well as perceived they would have been done prior to injury.  Also becomes tearful when talking about various professionals who were perceived as not caring for medical needs appropriately.
    COOPERATION:  The patient was very cooperative.  Completed all tests administered without complaint.
    EFFORT:  Patient appeared to put forth best effort on all tasks administered.  Objective testing also gave no indication of purposeful exaggeration or distortion of symptoms….

    Doctor requested Treatments & Specialty Exams — DENIED DENIED DENIED

    Specialty Requesting DR’S specialty Date Ever Authorized?
    CHIROPRACTOR Injured Worker       1/9/2012
    MRI – Brain MD – Family Medicine 1/13/2012
    Neurologist [with TBI expertise] Clinical Psychologist 1/13/2012
    Neurologist [with TBI expertise] MD – Family Practice 1/13/2012
    Psychologist / Neuro, Clinical, Psych Clinical Psychologist 1/13/2012
    CHIROPRACTOR Orthopedic Surgeon 1/21/2012
    MRI – Brain Orthopedic Surgeon 1/21/2012
    MRI – Cervical Orthopedic Surgeon 1/21/2012
    Neurologist  – referral Orthopedic Surgeon 1/21/2012
    Home Ultra Sounds Machine (???) Orthopedic Surgeon 1/21/2012
    MRI-head and thoracic MD – Emergency Room 2/17/2012
    Psychologist / Neuro, Clinical, Psych Neuropsychologist 2/25/2012
    Speech Therapy w/cognitive remediation Neuro-psychologist 2/25/2012
    LUMOSITY BRAIN GAMES Neuropsychologist 2/25/2012
    EEG Neurologist 3/6/2012
    MRI – Brain Neurologist 3/6/2012
    Psychologist / Neuro, Clinical, Psych Neurologist 3/6/2012
    MRI- Brain Clinical Psychologist 3/14/2012
    Psychologist / Neuro, Clinical, Psych Clinical Psychologist 3/14/2012
    Neurologist – [with TBI expertise] Clinical Psychologist 3/15/2012
    EEG Neurofeedback Certified Practioner of EEG Neurofeedback 4/3/2012
    Psychologist / Neuro, Clinical, Psych Certtified Practitioner of EEG Neurofeedback 4/3/2012
    PHYSIOTHERAPY/PT Orthopedic Surgeon 4/20/2012
    EEG Orthopedic Surgeon 4/20/2012
    MRI- Cervical Orthopedic Surgeon 4/20/2012
    MRI – Thoracic Orthopedic Surgeon 4/20/2012
    Neuro-Vision Optometry Orthopedic Surgeon 4/20/2012
    Speech Therapy w/cognitive remediation Orthopedic Surgeon 4/20/2012
    EEG Neurofeedback Clinical Psychologist, Neuropsychologist 4/23/2012
    Neuro-Vision Optometry Psychologists 4/23/2012
    Neurologist – referral to Nudleman Clinical Psychologist, Neuropsychologist 4/23/2012
    Neuro-Vision Optometry Physiatrist 4/30/2012
    EEG Neurofeedback* Clinical Psychologist, Neuropsychologist 7/17/2012
    Psychologist / Neuro, Clinical, Psych Clinical Psycholoigst, Neuropsychologist 7/17/2012
    EEG Neurofeedback* Clinical Psychologist, Neuropsychologist 8/21/2012
    Psychologist / Neuro, Clinical, Psych Clinical Psycholoigst, Neuropsychologist 8/21/2012
    Neuro-Vision Optometry Clinical Psychologist, Neuropsychologist 10/1/2012
    Psychologist / Neuro, Clinical, Psych Clinical Psychologist, Neuropsychologist 10/1/2012
    Neurology – Functional BRAIN TREATMENT CENTER 12/7/2012
    Physiatrist – re-referal Injured Worker #########
    PHYSIOTHERAPY/PT Orthopedic Surgeon 1/9/2013
    Neurologist [with TBI expertise] Orthopedic Surgeon 1/9/2013
    Psychologist / Neuro, Clinical, Psych Orthopedic Surgeon 1/9/2013
    CHIROPRACTOR Orthopedic Surgeon 2/15/2013
    MRI – Cervical Orthopedic Surgeon 2/15/2013
    Neurologist – referral Orthopedic Surgeon 2/15/2013
    Psychologist / Neuro, Clinical, Psych – Orthopedic Surgeon 2/15/2013
    Speech Therapy w/cognitive remediation Orthopedic Surgeon 2/15/2013
    PHYSIOTHERAPY/PT Orthopedic Surgeon 3/20/2013
    MRI – Cervical Orthopedic Surgeon 3/20/2013 4/19/2013
    Neurologist – [with TBI expertise] appeal of denial Orthopedic Surgeon 3/20/2013
    Psychologist / Neuro, Clinical, Psych – appeal re   denial Orthopedic Surgeon 3/20/2013
    Speech Therapy w/cognitive remediation Orthopedic Surgeon 4/8/2013
    Over-the-Counter Analgesics neurologist 4/8/2013
    PHYSIOTHERAPY/PT MPT 4/17/2013
    Speech Therapy w/cognitive remediation Orthopedic Surgeon 4/24/2013
    Speech Therapy w/cognitive remediation MA, CCC-LSLP 5/1/2013
    Neuro-Vision/ Occupational Therapy Neuro-Optomentrist 5/24/2013
    Neuro-Vision PRESCRIPTION CHANGE Neuro-Optomentrist 5/24/2013
    Psycho/Neuro, Clinical, Psych Forensic Psychiatrist 5/28/2013
    CHIROPRACTOR Orthopedic Surgeon 5/29/2013
    MRI – right shoulder Orthopedic Surgeon 5/29/2013 7/3/2013
    Physiatrist –  referal Orthopedic Surgeon 5/29/2013
    Neuro-Vision/ Occupational Therapy MS/OTR – L 6/5/2013
    Psychologist / Neuro, Clinical, Psych Clinical Psychologist, Neuropsychologist 4/23/12/
    LUMOSITY BRAIN GAMES Neuro OD verbally
    Chiropractic 14 sessions thru 4/2/12, 6 more pendiing
    Physical therapy 8 sessions 4/19-5/8/13
    Psychologist /Neuro, Clinical, Psych 17 irregular sessions 1/14-8/21/2012

    REQUESTED MEDICAL TREATMENTS

    — DENIED DENIED DENIED

    Defense Attorney:   “None of the doctors requested a brain doctor to evaluate you.”
    Dr. Zardouz: ‘Take an over-the-counter analgesic for your headache, and don’t bother me again.  That’ll be approximately $4,000 from the insurance company, thank you, we appreciate your business.’
    Pre-CONK on the Head photo:
    Linda Ayres 2011
    ….. Post TBI photo at ER
    Looking a little ‘dazed and f—ing confused’
    [NOT INCLUDED]
    Challenged to speak, thoughts happening
    outside of body, major confusion, but did a quick
    email to Wyndham HR Regional Manager regarding
    the consequences of the denied medical care and
    did some final posts to FB ‘just in case’ they were
    the last posts……prior to heading to ER.  That doctor
    couldn’t bother to do an EEG…. regardless of attempts
    to convey a major concussion of a few weeks prior.
    He couldn’t get a clear x-ray of smashed ribs either.
    He did propose removal of lungs.  0.0
    (yikes, INJURED, NOT STUPID!!!)

    WE NEVER GIVE UP. WE NEVER GIVE IN.

    WHEN ONE THING DOESN’T WORK, WE DO SOMETHING ELSE.

    MAKE TODAY COUNT.  WE ARE THE MEDIA NOW.

    FRIENDS DON’T LET FRIENDS STAY IGNORANT.

    SELF PROCURED MEDICAL FIRST AID OBTAINED BY INJURED WORKER, INCLUDING BRAIN MRI, EEG, CHIROPRACTIC, VISION THERAPY EVALUATION AND TREATMENTS; SPEECH THERAPY EVALUATION and 2 treatments (from a provider not specializing in high-IQ executive function cognitive remediation…. treatments included 10 pages of copied quizzes to fill out and practice with…. injured worker cognitively unable to perform; seeking more specialized speech therapy/cognitive remediation); MOST VALUABLE SELF-PROCURED TREATMENT WAS 12 SESSIONS (approximately 50 hands-on/face-to-face doctor hours at JAUDY TREATMENT CENTER for scientifically based treatments and evaluations of FUNCTIONAL NEUROLOGY.

    wc attacking people with disabilities

    Beneficial self-procured medical care with functional neurology whole body integrated treatments were maliciously and abruptly and illegally terminated by Defense Counsel without cause and in violation of law that enables injured worker to self-procure medical care when denied by insurance company.  Injured worker had waited 10 months for medical care and was within right to finally self-procure medical care; Injured Worker’s attorney #2 attempted to make a fast buck on a premature settlement offer of $100,000 in November 2012, WITHOUT BENEFIT OF BRAIN INJURY EVALUATION OR ANY BRAIN INJURY TREATMENT.   Sounds suspicious??  Scared the heck out of brain-injured worker!!!

    Attorney #2 did get his fee for attending the aborted ‘deposition’ and injured worker is still awaiting reimbursement for those medical miles too…. nearly 10,000 medical miles driven in square circles UNREIMBURSED TO DATE.

    Defense Counsel continues to fabricate malicious and fictitious and misleading requests to doctors to continue the charade and frauds with intent to deny basic, reasonable, appropriate medical care to an injured worker.

    directional signs lost and confused

    The ability to correct for failing to provide “immediate” medical care is long since passed.  The culpability of the individuals and of the firms involved in the fraudulent denials of medical care for this injured worker must surely demand the attention of the District Attorney and Attorney General for the State of California.  The DA’s offices have been funded with several million dollars to fight Workers Comp FRAUD for FY 2014.   Where are they???!!!

    Hmph.  That’s America??  LET’S HOPE THE JUDGE AND JURY DO THE RIGHT THING.

    An unreasonable failure to timely pay reimbursement for mileage to and from medical appointments is a basis for an award of a 10% penalty against the entire medical treatment portion (species) of benefits, past present and future.  Payments after 30 days of request for reimbursement may be unreasonable, and it is up to the court to decide what constitutes a reasonable or unreasonable time to reimburse an applicant for covered expenses.   Avalon Bay Foods v. WCAB (Moore) 63 CCC 902 (California Supreme Court) says that when an insurance company is 60 days or more late in paying medically related transportation expenses (mileage reimbursement), there is a Labor Code S5814 penalty owed on all medical treatment benefits (of which mileage is a part).

    Master Sgt. Woods
    Master Sgt. Woods

    Injured Worker Claims untreated #TBI is like being in a WALKING COMA;  Thanks  Franz, Mary and Steve and the #WyndhamWorldwide Teams and your white-collar maiming and killing teams.  Just another DePopOp of Predatory Capitalism??  0.0    

    Who-will-bury-the-dead-when-we-are-all-gone-image002

    Speak up. If not you, then who?? If not now, then when. It’s late, very late.
    https://www.facebook.com/AskAboutWorkersCompGravyTrains

  • https://www.facebook.com/ABA.CDR
  • https://www.facebook.com/ABA.IRR
  • www.americanbar.org/groups/litigation
  • https://www.facebook.com/abasectionoflitigation
  • https://www.facebook.com/ABAforLawStudents
  • https://www.facebook.com/TheLosAngelesLawyers
  • https://www.facebook.com/pages/American-Bar-Associations-Solo-Small-Firm-and-General-Practice-Division/271621032072
  • https://www.facebook.com/pages/Workers-compensation/105660509466801#
  • if not now then when
  • LIST OF POSTS…..MORE TO COME…. ASK AND TELL ABOUT WORKERS COMP GRAVY TRAINS
    https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/
  • InjuredWorker’s Resources…. ADD TO IT
  • https://askaboutworkerscompgravytrains.com/about/

lucy in the sky with diamonds