- Here is the link to the Coastline Cognitive Retraining Program…. know about it and read what any attorney says about it. http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/abi-student-blog/#anchor
- If SCRIPPS BRAIN REHABILITION PROGRAM in Encinitas appeal is authorized by the end of the week, let’s commence FEHA Interactive Process immediately and throughout whatever time is authorized, so that I can commence the Coastline program starting October 20, 2014, if I am accepted into the program. Remember, my doctors requested 3-6 months, 16 DAYS were authorized with an 8 day extension…..MORE THAN 2.5 YEARS AFTER THE HEAD INJURY.
Even a 7th grade kid know that’s a problem, and it isn’t right. Date of injury: 1/9/12… a witnessed slip and fall backwards on ice at WorldMark By Wyndham – Big Bear. Orthopedic Surgeon designated as primary treating doctor, with repeated requests for medical treatment, consistently and maliciously denied since date of injury. Wyndham has provided no proper training in Human Resources, or at on site locations, putting thousands and thousands of employees at great risk also.
- Attached is the excel spread sheet of what if/so then scenarios regarding medical limitations and ADA accommodations to be requested after sorted out at FEHA interactive process
For those of you unfamiliar with FEHA regulations in helping an injured worker in California return to work, here’s a powerful link….for your info and files
FEHA Red Flags: Common Employer Violations of California’s Disability Discrimination Laws
Written by: Neil Pedersen
Please do forward immediately the job descriptions previously requested so that the medical professionals can make informed recommendations on medical restrictions and possible accommodation requests on the possible return to work.
NEED JOB DESCRIPTIONS AND TO START FEHA INTERACTIVE PROCESS IMMEDIATELY: Sales Representative, Discovery Representative, QA/VLO, Resort Guide, Housekeeper, Office Worker, Front Desk, Recreation Coordinator or Injured Worker Advocate and FEHA Compliance Coordinator…. and any other positions that a an American With Disabilities due to failure by Wyndham to provide medically necessary treatment for more than 2 years…might qualify for. Thanks.
Here’s another great source of info on Workers Comp… DePaolo’s WorkComp Blog….subscribe…learn something new tomorrow:
David’s company is on mission to find people to acknowledge who have done anything right in WorkComp, since doctors leaving in droves, and there is no ‘new blood’ coming to the industry…. THINK HARD….DO YOU KNOW ANYBODY WHO HAS MADE A POSITIVE IMPACT IN THE LIFE OF AN INJURED WORKER, OR WHOSE PRACTICES HAVE SENT THEIR COMPANY PROFITS THROUGH THE ROOF??
Nominations due shortly: https://ww3.workcompcentral.com/events/awards Make a difference in someone’s life today!
- Wyndham Women on The Way – http://www.womenontheirway.com/news-releases/advisory-board-launched/ In the event the system failures regarding medically necessary treatment for an injured Wyndham Woman prevail, does this organization have a fund raising department to help an Injured Wyndham Worker, denied medical care since date of injuries, subjected to financial, emotional, medical and mental terrorism since date of Injury, January 9, 2012……..with no compassion, interest, nor intervention by anybody in Corporate Wyndham?
LET’S DO A FUND RAISER AND HELP ME GET TO THE COASTLINE COGNITIVE REHABILITATION PROGRAM, AND SINCE I LOST ALL MY PROFESSIONAL CREDENTIALS, AND WYNDHAM HR THINKS THE ONLY POSSIBLE RETURN TO WORK POSITION MIGHT BE THAT OF A HOUSEKEEPER, IF THE ORTHOPEDIC SURGEON HANDLING THE TREATMENT REQUESTS FOR THE BRAIN INJURIES CAN APPROVE ME TO RETURN TO WORK ON ‘LIGHT DUTY’ AS A HOUSEKEEPER, SO BE IT. LET’S NOT THESE HORRORS HAPPEN TO ANOTHER INJURED WYNDHAM WORKER.
Could Women on the Way, with others, take up an immediate charitable collection to send me to the Coastline Brain Help Place in Newport Beach?? To:
‘….Help a po’ ol’ brain injured disabled baby-boomer single white woman, former timeshare sales executive and California Real Estate Broker and Hawaii Sales Agent and CA Notary Public stuck in the #WorkComp #WebOfDeath in California find her cognitive abilities again cuz the meanie heads at Wyndham and their ‘agents’ won’t help and have kicked her to the curb, and they just keep kickin.…
Professional credentials lost and sanity on edge…but she can type like there’s NO TOMORROW……
CONTRIBUTE TODAY; YOU MAY BE NEXT TOMORROW……… DO NOT WALK QUIETLY IN THIS OPEN AIR AUSCHWITZ….’
Last winter I had to rely on the charity of the Salvation Army to keep my utilities on due to failures of CNA/Grancell to authorize TTD payments, causing extreme financial hardship. Adult Protective Services intervened, as well as local politicians. My income has been terminated again since July of 2014, and now the defense counsel wants to start another round of “medical evaluations” rather than medical treatments.
They have refused to “mediate” since I’m not dead yet, and such an event may cost them merely $100,000 in fines, as happened in Romano Trust vs. Sedgwick…. the HR peeps and adjusters kept their jobs, Sedgwick became more profitable, and nobody in Work Comp cared that yet another injured worker died a gruesome death….. PROFITS PREVAILED OVER LIFE. DO YOU CARE?
DO YOU REALLY THINK YOU HAVE THE RIGHT TO REMAIN SILENT ANY LONGER? http://www.womenontheirway.com/news-releases/advisory-board-launched/
As promised, here is a little more information on the Coastline Cognitive Retraining Program in Newport Beach that I hope to be accepted into, a great find.
“ATTORNEYS – DID YOU KNOW? …..did you know there is a premier cognitive retraining program right here in Orange County? Coastline Community College is the home of the Acquired Brain Injury Program for your clients suffering from an acquired traumatic brain injury following a car accident, slip and fall, or perhaps, caused by medical negligence.”
“Why is this important to you? After your client sustains a mild traumatic brain injury, he or she can lose their employment because they can no longer focus or complete tasks necessary to complete their job. The defense will say that your client is malingering and being lazy….”
“The cognitive rehabilitation program lasts from 1-2 years and classes are four hours a day, four days a week – Monday through Thursday. The cost of the program is the cost of taking classes at Coastline Community College. In comparison, private cognitive programs can cost tens of thousands of dollars. The ABI program can help your clients to mitigate their damages and return to the work…”
Here’s the link to the lawyer’s comments, and other participants….
Keep it handy, BRAIN INJURY IS THE SILENT EPIDEMIC, and most work comp doctors are sadly not in the know about diagnosis and treatment, causing egregious harm to injured workers at Wyndham in California and workers everywhere in America. BE ALARMED AND BE ALARMING.
PS EBOLA AND HOSPITALITY: BREAKING NEWSClark Schultz, SA News Editor
Concerns about the Ebola case in Dallas have contributed to a downward swing in hotel stocks
The group has been one of the hardest hit sectors on the day.
Decliners: Starwood Hotels (NYSE:HOT) -3.8%, Hyatt Hotels (NYSE:H) -3.1%, Hilton Worldwide (NYSE:HLT) -1.4%, Diamond Resorts (NYSE:DRII) -3.0%, InterContinental Hotels Group (NYSE:IHG) -2.6%, Wyndham Worldwide (NYSE:WYN) -3.3%, La Quinta (NYSE:LQ) -1.7%, Marriott International (NASDAQ:MAR) -3.5%, Red Lion Hotels (NYSE:RLH) -2.3%, Choice Hotels International (NYSE:CHH) -2.3%.
The picture below was on FB, so it must be true, huh?! Ask a Risk Manager Today!
See any similarities? One difference, they didn’t cut up my right shoulder rotator cuff tear…..didn’t even get PT for it till more than a year later, then they authorized an MRI and when it was determined that surgery was “necessary” the law firm chick says, “Oh, that’s not an accepted body part.” Even though it was all over her premature attempt to coerce a settlement in November 2012 that required a) RESIGNATION FROM MY JOB, b) FORFEITING ANY FUTURE MEDICAL CARE, UNEMPLOYMENT, TEMPORARY DISABILITYand c) Releasing all parties from any liability for…. no kidding—-> $100,000, which also included unpaid medical miles and unpaid self-procured medical expenses that were, at the time, merely $1,700. The number has escalated to more than $27,000 in unpaid expenses, and no kidding, the defense counsel thinks the injuries are minimal and the reserve amount on the claim is not much more than ….no kidding, “$100,000 neighborhood” but that it’s not “ripe” for mediation (translation? ‘you’re not dead yet, you’ll cost us less then, particularly in California’ ‘Let’s organize a few more evaluations, our doctors need holiday funds, and evaluations are the best way to launder money in these operations…..and so what if our doctors only spend 25-55 minutes in their evaluations… for thousands of dollars….they have to pay their staffs to make up those reports…’)
If you are a Wydham employee, ask Steve Holmes, above, or this guy, Thomas Motamed, CEO, below. Dunno Steve’s income, but Thomas apparently makes more than $10.7 million a year and his company is the WorkComp Insurance Carrier for Wyndham. They don’t provide necessary medical care either, and Wyndham says they can’t help, as they rely on CNA and Grancell to take care of their employees. Yikes….. That “call from Chicago” sounds scarier and scarier and the facts be told, huh?
Neither Wyndham Human Resources, Wyndham Employee Assistance, Wyndham’s WorkersComp Insurance Provider, CNA, nor Wyndham’s “Defense Counsel” were able to find and or authorize any medically necessary treatment for the traumatic brain injury OR ORTHOPEDIC INJURIES sustained at work, and they have consistently interrupted self-procured treatment, and failed to reimburse more than $27,000 in medical miles and medical treatments since 2012, and received a $20,000 discount from the State of California for failure to pay TTD on a timely basis. Yeah, you read that right. They made a $20K profit for refusing to pay TTD, despite Court requirement as well, so the State of California gave them a $20,000 bonus and negotiated away the rights, provided by law, of this injured worker, and it is apparently a pattern and practice of all major carriers, sanctioned by States.
Date of injury: January 9, 2012 First date of medically necessary treatment for TBI: August 4, 2014
Ain’t that just awful, and something for all ‘stakeholders’ to be ashamed of?
So, COUNT ON ME, I found the COASTLINE 1-2 year program after hearing a speaker and ‘graduate’ of the Coastline Program, speak at the SCRIPPS ANNUAL BRAIN INJURY REHABILITATION CONFERENCE in May of this year, to an audience of primarily doctors, scientists and other health care providers. I was invited to attend because I told one doctor, “You know, Wyndham may have to pay for vocational rehab to train me to be a neuro-scientists”…. He didn’t know if I was kidding or not, but encouraged me to attend the conference, that was a wealth of information. As I tried to convey to Wyndham’s people and others all along, I AM INJURED, NOT STUPID.
#InjuredWorkersUniting…. Silent No More…
ASK ABOUT THE WORKERS COMP GRAVY TRAINS
In seeking legal counsel, even Larry Parkers’ office won’t help this injured worker. Is there a “do not help” list in the world of workers comp? The call I got from Chicago was….awww, never mind….watch for a blog on that too….. Yeah, be quiet, be sweet, be nice, be patient……
Who else is JUST FOLLOWING ORDERS??
If you have any questions or comments, leave them on the blog or contact any of us directly.
WE ARE THE MEDIA NOW. HAVE A NICE DAY.
Linda Ayres, In Pro Per
For any inquiring minds, a recent email thread is below…. in response to defense polite notice of more evaluations and continued failure to act in good faith to obtain medically necessary treatment…..
PS A recent LA Times article apparently mentioned LA Cops and Firefighters accused of faking work comp injuries and staying off work too many days. Articles didn’t seem to mentione if said individuals ever got medically necessary treatment, or if they, like me, have been fighting to get medical care and fighting to return to work forever…. My first request to return to work with accommodations was October 2012. Defense counsel told Wyndham to have no contact with me, so they just followed orders. Some doctors had advised that had medical treatment been provided anywhere in that first year for brain injury (not just a little psycho-therapy and a couple chiropratice sessions) I might have been returned to work by then. Wanna bet those cops and fire fighters are being kicked to the curb too…..? Some investigative reporter may tell the rest of the story, someday soon, huh?
L.A. pays millions as police and firefighter injury claims rise
“City officials offer a number of theories for the rise in claims and costs: an aging workforce; delays in approval of medical treatment; and the cuts in police overtime, which eliminated a key financial incentive for injured officers to return to work quickly.” http://www.latimes.com/la-bio-jack-dolan-staff.html firstname.lastname@example.org
Let’s hope their Unions address these inflamatory pieces, huh?
What’s Wrong Becomes Right http://daviddepaolo.blogspot.com/2014/09/whats-wrong-becomes-right.html
Hey, America…… Heads Up. Don’t give up your rights to think also.
From: Linda Ayres <email@example.com>
To: MBX – WVO Center <firstname.lastname@example.org>
Cc: Stewart Reubens <SReubens@grancell-law.com>; fred.sachs <email@example.com>; melisa.paramo <firstname.lastname@example.org>; mary.falvey <email@example.com>; kembria.hahn <firstname.lastname@example.org>; Tina R Jordan <email@example.com>; Linda Ayres <firstname.lastname@example.org>; Linda Ayres <email@example.com>; Linda Ayres <firstname.lastname@example.org>; katy.brant <email@example.com>; kate.powers <firstname.lastname@example.org>
Sent: Tue, Sep 30, 2014 8:28 pm
Subject: WWID 4415287. Accommodations, return to Work, FEHA, Job Descriptions, Medical Treatment. Ayres, Linda
Dear Wyndham Leave Support:
You were inadvertently left off this distribution list.
The out of office response from Tina Jordan indicates she is gone through October 12, 2014.
Copies of multiple job descriptions have been requested and not yet received. A further delay will have a chain effect of further inauspicious delays.
Time is of the essence in the ongoing fights to obtain medical treatment and to initiate the FEHA required interactive process for return to work and accommodations issues.
Please reach out to Fred Sachs, CNA adjuster of the insurance company handling Wyndham Employee work comp coverage, as we, as employees, are also insured under that policy.
Please also reach out to Stewart Reubens and know that his role is adversarial and not in the interests of any injured worker.
These two individuals are attempting to work with me as I represent myself in order to finally get medically necessary treatments for a witnessed slip and fall backwards on ice at Big Bear on 1/9/12.
I hope none of you ever have to endure the tortures and horrors I have because of this work injury and the HR department failures to properly tran staff and intervene when Wyndham agents fail in compliance with Labor Codes and fail to provide medically necessary treatments.
It is still happening to me. You could be next.
Work with Mr Sachs and Mr Reubens to get what they need to move this forward and Melisa, please send me immediately the requested job descriptions so y doctors can make informed decisions.
My life depends on it.
In the event more treatment time at Scripps Brain Rehabilitation Program in Encinitas is authorized this week, we will anticipate commencement of FEHA interactive process in San Diego or Oceanside.
Please confirm who my H R Contact is for FEHA compliance.
Time is of the essence.
Silent No More
From: “Linda Ayres” <email@example.com>
Date: Wed, 1 Oct 2014 02:52:12 +0000
To: Stewart Reubens<SReubens@grancell-law.com>
Cc: <firstname.lastname@example.org>; Tina R Jordan<email@example.com>; <firstname.lastname@example.org>; <email@example.com>; Linda Ayres<firstname.lastname@example.org>; Linda Ayres<email@example.com>; Linda Ayres<firstname.lastname@example.org>; Hilda A. Chalgujian, PhD<email@example.com>
Subject: Response to Stewart: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres
Thanks for your email. I will look at the attachment soon.
I had to drive to Palm Desert and Indio today, so I am horizontal and very brain fatigued. I also had a session with Dr Hilda regarding how I am doing and where we go from here, and what paperwork is pending on all sides, and further info needed before I can be released to work and with what sort of accommodations. I also dropped off the accommodation papers for Dr Bergey’s review and completion and signaturesm Tina authorized the continuance, and told me to also put it in writing, which I did. Everybody got copies.
Also, bills are due and you haven’t forwarded the summary of the $27k in unreimbursed medical expenses since January of 2012 to Fred, so his hands are apparently tied. I am still TTD and my benefits are still due, or an advance on settlement would be a good faith effort in spite of more than 2.5 years failure to provide properly requested and medicallly necessary treatment for brain and other body part injuries. Just saying.
I did indicate I will attach the summaries of the $27k+ one more time, to the Proposal for Settlement I am working on.
If I am accepted to Coastline and start Oct 20, that could be powerfully good for me and for my future.
Dates to keep in mind: Wyndham Indio sales training to commence in November. H R will not provide the tentative to me yet.
October 20, 2014 potential start of Cognitive Rehab 1-2 year program in Newport Beach at Coastline. (I sent you info already)
(My old blackberry is a workhorse, but not great with attachments. My apologies.)
Ideally, another month or so will be authorized at Scripps and they can assist us with the FEHA Interactive process. Compliance that covers many of your questions.
Fred hopes to have a Corvel UR response by Friday, expedited, since they apparently have up to 30 days.
You already have the Scripps recommendations for RTW accommodations. What else you looking for today?
Did you see the 3 page spread sheet I provided this weekend in response to Tina Jordan’s request for “what if/then” scenarios? I worked very hard on that and it may serve as a guide when we finally start the Interactive process, that will involve more professionals.
Consideration is being given to a much less expensive cognitive rehabilitation program in Newport Beach, which starts October 20th, if I am accepted as a candidate who can be helped via their 1-2 year program. It is included in the 3 page excel spreadsheet what if/then scenarios.
Did you read it or do you want me to send it again with “proof of service”??
I am not “MMI” and without knwoing what treatment will be authorized from here, neither Dr Hilda nor Dr Bergey can just “guess” and risk such liabilities.
Fred may also be involved in the Interactive Process meetings the precede
In separate email I will send a brief summary of the Coastline. program, as described to Orange County attorneys by a brained injured attorney, as a means to help an brain injury Survivor and mitigate costs and exposures.
They suggest I get as much time at Scrippps as possible. If that means I don’t start at Coastline till January, so be it. Oct 20, with lodging, is my first preference today, pending of course, what treatments get authorized to get me MMI..
It could make you and Fred heros in wrapping up this case. I suggest you keep an open mind. Fred represents Wyndham, and me, as also insured as an injured worker, and in fiduciary responsibility to me as well.
The Grancell role has just been that of trouble makers all along……
Fred can help you too, if you let him.
As I have told you before, you frighten me and I have no reason to trust anything you say or do. Remember, I am injured not stupid. I am from the world of timeshare; I know your kind. They train us well. In Hawaii they might call you a “whale”….sillly names, but they make the power points.
I need vision therapy stilll (to make it easier for me to edit and shorten emails)
You and Fred have already seen the requests for SCRIPPS recommendations and Dr Bergey’s requests for hearing aids required for this industrial injury.
Will you be requesting an Audiology PQME with an audiologist with TBI expertise. I don’t see the real point to “hearing more” that I am unable to process due to frontal lobe damage, but the doctor at Scripps is very smart and specializes in brain injuries and was relieved for me that she did not find ‘auditory processsing dysfunction’…..so it is much worse for some others with head injuries.
If you concur, let’s just get the aids at Scripps and we can see how they may expedite rehab, too. The cost s about $6k for starters, to be replaced every 4-5 years till death, if I remember it right.
Its included in the “Proposal for Settlement” I am working on and hope to send to you soon. I am using the one Kim Mall got in Nov 2012 when they tried to coerce me to quit my job and settle for $100k, wthout having seen any of the recommended specialists or received any of the recommended treatment for my brain till August 4, 2014. I am using it as a template. She left out so many rcords and a bunch of ICD9 codes, but did include the right shoulder and MRIs and EEGS and more.
I think the evaluating doctor was from out of State.
The Coastline Rehab program may also allow RTW, so as Tina suggested that all I might for now is a housekeeper position since my fingers are not broken, I am hereby asking that a job description for houskeeping be included with the other job descriptions I have requested for review and consideration by the treating doctors.
I do speak some Spanish, and getting fluent could be a project in cognitive and vacational rehab.
There is a Wyndham Hotel in Irvine that could fit the bill for RTW if I am accepted at the Coastline Rehab place for October start.
I will ask Dr Bergey is the untreated right shoulder rotor cuff tear could be compensated in some way that would let me work as a housekeeper, perhaps light duty. He would have to also see that job description. Me too.
A desk job with a second monitor might be a better option.
I want to have also a Functional Capacity Assessment that will help fine tune “work restrictions” and accommodations when we have a meeting. Time is of the essence.
Will you ask Fred to authorize it and provide a list of vendors, or we’ll just the company I found when I attended the CAAA conference exhibits.
Please confirm the medical records index that includes all the records I provided to Dr. Holmes at the aborted QME, and please ensure that all subsequent records are included. I will attend if you are in compliance. If medical records are omitted, we can duke it again in Court. Your pattern of practice has also been established.
I will agree to a Neruopsych panel as long as the doctor meets legal requrements and has current treating practice with traumatic brain injuries.
I am getting to an expert in these tests and my results seem to improve by sheer practice effect. Why do you want to spend more money on more evaluations instead of treatment. That is so nasty and evil, but so common.
The guy Kim Mall tried to send me to a couple months ago for a neuro-psych eval does not and has not treated TBI patients for over 7 years. HIs whole practice is WC evals. I will object and refuse to see him or anyone like him. Do check credentials and again, ensure I have a complete set of medical records provided to such doctor. Since I am not convinced you habe all the files, I want hard copies of the complete set of records you will send to such neuro-psych doctor.
Matrix/Relince is also sending me for another neuro-psych eval. Good Xmas coming for those doctors and their expensive 30-45 minute evals they charge thousands for.
(Did yu reallly pay OBrien, Kent and Zardouz for what they produced? 35+ real doctors disagreed with their findings, but, Ms Mall did set them up by omitting more than 300 pages of medical records, and when I got a Court Order requiring they be provided, she sent them totallly disorganized and asked them find the ones she had omitted. Big billable hours for doctors to organize Grancel records. Oh well. Fred may not know about that..now he does)
The standard eeg taken at Eisenhower in spring 2014 strongly recommeded further review of medical records for valid interpretation of this EEG. That has not yet been authorized nor accomplished yet. It is my understaning the epilepsy is a risk of TBI and a baseline MRI specific to such readings is recommmended annually, so you may want to ask Fred to either authorize Dr Michael Lobatz to request such an eval, or see if Fred has any better luck than Daniel in find a neurologist wth TBI expertise.
I think Dr Kent and Dr Zardouz and O’Brien can be ruled out as non-experts regarding diagnosis or treatment of head injuries now, and the Leckart firm would likely tear their records to shreds and perhaps involve civil actions, wouldn’t you agree?
You have received copies of my accommodations request and Tina Jordan has also received a request for an extension beyond the 9/26/14 premature demand for the completed forms, in lieu of interactive process.
I hand delivered today the Wyndham forms to Dr Hilda Chalgujian and to the Office of Dr. Darren Bergey. I am not their only patient, and demanding such a response within a week is not reasonable. Tina Jordan verbally agreed to 10 days past TD date, sooner if possible, for responses from the doctors.
As you know, we are awaiting further information and decisions on continuation of and commencement of medically necessary treatments before the doctors can accurately advise of what restrictions and accommodations may be required.
I have also asked Tina Jordan and Melisa Pamano, with copies to Mary Falvey, to provide job descriptions for the referenced possible alternative positions in the Wyndham system, in order for Dr. Bergey, Dr. Chalgujian, Dr Lobatz and possibly the Scrippps Interdisciplinary Team to consider in evaluating restrictions and accommodations to be further discussed at the FEHA mandated Interactive Process meetings.
As you also know, Dr Bergey has indicated that I am still TTD and the minimal and interruption treatment at Scripps Brain Rehabilitation Treatment Center continuance was thwarted by asking Dr Nudleman, via Corvel UR, to make a potentially life threatening health decision based on incomplete medical evidence (as referenced in the appeal regarding the continued pattern of practice to omit medical records with intent to harm and deny medical care, as usual.)
Fred Sachs has autorized Corvel to have either Dr. Nudleman or another doctor review all the records and make a decison. We are anticipating an expedited response.
Sorry this is so long, but you brought up multiple points. I find that if I print my long emails and read with a highlighter, they make perfect sense.
I will read it again in the morning and try to summarize the action points and include it with that lawyer applause about the Coastline cognitive rehab place. I will also add anything I may have left out due to te brain injury and brain fatigue fom today’s session and travels.
If you and Fred can put these pieces together and suggest a “Proposal for Settlement” before I get mine done, maybe we can settle up soon, I can return to work and get to the Coastline 1-2 year program. I need to hurry to work to get insurance coverage because y’all have failed to provide it all along, and the brain regulates all body systems.
Till next time, good nite all
Sincerely. Linda Ayres, In Pro Per
#Silent NO More
PS. Got notice today that the CA State hearing re the failure to pay TTD and the discount the State of California of mmore than $20K pure profit to CNA, while negotiating away my civil rights is to be video recorded and conferenced. Sounds pretty high tech. Will advise more as it unfolds. No date yet.
PS Please ask Fred to ask his boss for a settlement advance. I have been denied income since July 2014 c’mon, its financial terrorism and you know it. Stop it, thanks.
By copy, I am again asking Mary Falvey to intervene on behalf of this injured worker and also insured under the CNA workers comp policy.
Silent No More
From: Stewart Reubens
Date: Wed, 1 Oct 2014 00:19:35 +0000
To: Linda Ayres
Subject: FW: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres
Please find enclosed for your review the notification of medical appointment with Dr. Holmes for 11/21/14 [Yet another orthopedic surgeon, d’oh!]
I am also requesting a Neuropsychological Panel
Finally, I am requesting information as to what your work restrictions are from the treating doctors
PS Dunno how to attach an excel spread sheet to a blog, so it’s pasted here in case you didn’t get the email…
|ACCOMMODATIONS SCENARIOS, ‘WHAT IF’S’…. CONTINGENT ON DECISIONS ON MEDICAL TREATMENT|
|IF||THEN||ACCOMMODATIONS preliminary REQUESTS FOR CONSIDERATION in Compliance with FEHA Guidelines.|
|IF: Medically necessary treatment is provided||THEN: RTW with accommodations is desired by IW, in order to to return to work as a once again valuable employee, using these terrible experiences to help ensure no other Wyndham employee is subjected to such horrors for the profits of the few, or because too many people didn’t do their jobs….causing egregious and irreparable harm to this worker.||The type of accommodations that may be necessary are contingent on many variables, including how soon treatment is resumed, what kind, where other providers can be found, and what will be authorized.|
|IF: Until MMI is determined, Cognitive Rehabilitative treatment to include and not be limited to: on-going neuro-psychology sessions with Dr. Hilda Chalgujian and Orthopedic with Dr. Darren Bergey… Acupuncture for Brain and Neck, Back, Shoulder Pain, Auditory treatments and equipment and other medically necessary treatments that may HAVE BEEN REPEATEDLY recommended and required by treating doctors, along with vocational rehab and restoration of all Professional Credentials lost due to Wyndham’s failure to provide immediate, reasonable and appropriate medical care from date of injury to this date. Participation of medical professionals to be included in identification and implementation of any/all necessary accommodations, in compliance with FEHA guidelines and Interactive Process||THEN: Interactive Process of FEHA required to sort this out, and Injured worker again requests that any/all such meetings include necessary recording and memory aid devices, in compliance with ADA accommodation requests. Said accomodation was denied at informal meet and greet meeting with Wyndham HR Director and HR Manager in Palm Springs on 9/23/14, and Interactive Process has not begun yet. Further, to compare my RTW ops with that of a returning housekeeper felt like bullying and verbal abuse and age discrimination. Please also do not compare an untreated brain injury to a broken finger, arm, leg or toe. That is highly insulting and perceived as continued harm and abuse, in sheer bad faith and breach of fiduciary responsiblities. Defense and HR have been provided with info on CA law regarding rights to medical care and FEHA RTW and accommodations.||All accommodations recommended by SCRIPPS, by Dr. Chalgujian, Dr. Bergey and injured worker, to be explored based on treatment authorized, location and positions to be fully explored in interactive process; more or less accommodations may be discovered in that process; All previously requested accommodations to be considered as medically necessary treatment was not authorized and ‘rest and wait’ did not cure the conditions. Functional Capacity Assessement, as allowed by WC Law, in addition to the report by Dr. Chalgujian, to be expedited to be included in the assessments, alleviating the guessing with more hard facts. Reimbursement by Wyndham/CNA of more than $27,000+ plus penalties, in medical miles and medical expenses since date of injury, 1/9/12, expected as part of the RTW accommodations, and retroactive TTD reimbursements, in compliance with laws of the land.|
|1||IF: SCRIPPS Brain Injury Day Treatment Program – Encinitas… continued medically necessary interdisciplinary treatment is authorized on appeal for 2-3 more months, along with participation in the FEHA Interactive Process,||THEN: RTW, Part Time in North County Wy ndham Property, with accommodations||Lodging in Encinitas or Oceanside PLUS:|
|2||IF: SCRIPPS Brain Injury Day Treatment Program – Encinitas … continued medically necessary interdisciplinary treatment is denied but continued Occupational Therapy, Speech Therapy at SCRIPPS is authorized for as long as necessary….||THEN: RTW, Part Time in North County Wyndham Property, with accommodations||Lodging in Encinitas or Oceanside PLUS:|
|3||IF: SCRIPPS Brain Injury Day Treatment program is denied….||THEN: Explore alternatives to legal liability to provide medically necessary treatment to relieve pain and remediate injuries|
|4||IF: Coastline Community College Traumatic Brain Injury Cognitive Rehabililtation 1-2 Year Program – Post SCRIPPS, (if resumed immediately until acceptance to the CCC TBI program), commence first semester 10/20/14, upon acceptance||THEN: RTW, Part time in Wyndham property in Irvine, Newport Beach or Costa Mesa, position to be explored and determined in Interactive Process||Lodging in Newport Beach or Irvine, full relocation PLUS:|
|5||IF: Local providers for Speech Therapy, Occupational Therapy, Physical Therapy and Vision Therapy on a minimal basis (CASA COLINA is similar to SCRIPPS and there are issues of Defense interference and missing records and failure to treat; LOMA LINDA is a bit closer, Eisenhower is closest to Indio; SCRIPPS would be closest for the 1-year Coastline TBI Group; Vision Therapy is in Fullerton, to be resumed asap.||THEN: RTW part time at Wyndham Indio Resort to participate in Sales or QA/VLO/Resort Guide training in December, then transfer to Palm Springs after Indio training (in-house line), or when Palm Springs Sales Office opens for Season.||Lodging at Indio resort during 14 days of training PLUS: , rest break of 3-4 days after training processing training, then commence part-time a) Sales (in-house or hybrid) b) Resort Guide or c) QA/VLO; sufficient time off for medical appointments; d) If the 1-2 year Coastline TBI program in Newport Beach accepts application and if it is authorized by CNA, then SCRIPPS would again be the reasonable choice for the non-interdisciplinary treatment requirements; If this/then that to be determined.|
|6||IF: The Bad Faith and Breach of Fiduciary Responsiblities continues and medically necessary treatment is not provided, and FEHA Civil suit is mandated with anticipation of CLASS Action, so be it…. If the doctors will assume responsibility and professional liability for claiming that I may return to work with minimal accommodations in order to save my life and keep home, so be it||THEN: RTW part time at Wyndham Indio Resort, as QA/VLO position upon authorization to RTW, in the salaried position of $50,000 with benefits commencing immediately, and employee group health insurance to commence immediately, with assurance that the industrial injuries sustained at work on 1/9/12 but not treated until 8/4/14, then said treatment severely diminished then terminated, so that proper medical care can be obtained and due process of the fullest extent of the law, including ADA violations and age discrimination in failure to treat, and refusal to engage in interactive process.||RTW part time in Indio after full time training in November, with a break before return to sales in-house line or RTW part time in Indio after QA/VLO training and re-establishment of California Notary and Broker’s license in the interim, loss being caused by Wyndham and it’s agents and failures to treat industrial witnessed slip and fall backwards, and Wyndham’s failure to have properly trained staff in handling incidents of work injuries in compliance with California Labor Laws and US Constitution. Please also see accommodations requested since October 2012, and said requests are also to be explored in the FEHA required Interactive Process. If Injured Worker didn’t have brain injuries, this process might be as simple as RTW for a ‘housekeeper with a broken finger’…. Sadly, a brain injury is a more complex than either HR, the Insurance Carrier, the Adjuster, or Wyndham senior staff may grasp. The Corporate irresponsiblity and blatant disregard for an Injured Worker is unconcienable, and has been from day one.|
|7||SEE PREVIOUSLY SUBMITTED PRELIMINARY ACCOMMODATIONS REQUESTED OF WYNDHAM ON BEHALF OF INJURED WORKER BY SCRIPPS BRAIN INJURY REHABILITATION PROGRAM, and refer to phone discussions between Scripps and Wyndham and Grancell.|
|PLEASE PROVIDE, AS PREVIOUSLY REQUESTED, ALL EVIDENCE, RECORDS, VIDEOS, AND ANY INVESTIGATIVE WORK BY WYNDHAM OR IT’S AGENTS REGARDING THIS INDUSTRIAL INJURY. PREVIOUS REQUESTS HAVE ALSO BEEN IGNORED BY ALL ‘STAKEHOLDERS’|