Thank you for your invitation to connect on LinkedIn.
What a surprise!
Please let me know if I have information that can help you make a positive impact on the lives of InjuredWorkers in America and elsewhere.
I bring a perspective to the table that few are willing to consider.
I believe my own case is not unlike that of Romano Trust vs. Sedgwick, except that I am still alive to fight the good fight. (In addition to TBI, shoulder surgery was recommended for me, but having read about Romano case, I declined, pending alternatives to surgery. The defense counsel suggests I’m unable to grasp the complexities of Labor Code, but the following looks pretty simple and easy to understand:
“Similarly, in United States Cas. Co. v. Industrial Acc. Com. (Moynahan) (1954) 122 Cal.App.2d 427, 435 [19 Cal.Comp.Cases 8], the Court said:
“Section 4600 of the Labor Code places the responsibility for medical expenses upon the employer when he has knowledge of the injury. … [ffl|] The duty imposed upon an employer who has notice of an injury to an employee is not … the passive one of reimbursement but the active one of offering aid in advance and of making whatever investigation is necessary to determine the extent of his obligation and the needs of the employee [emphasis added].”5 “
Then CNA objected to the shoulder as an approved ‘body part’, and an Orthopedic QME has been in the works for nearly 365 days. They terminated benefits nearly immediately when they received diagnosis of closed head trauma/traumatic brain injury. They got away with it, too. Tsk tsk tsk. Maybe not in a Federal Court, one day.
My ‘case’ is “not usual” according to many “Super Lawyers.” How unfortunate for America’s working class that the majority of attorneys fail it’s #InjuredWorkers.
Injured Workers have some ideas for the legal peeps, too; we can help you ‘find the money’ that you have been unable to successfully negotiate for yourself.
That up-to-15% tin cup, divided up with incompetent predecessors, makes helping injured workers economically ridiculous, so I am told. It has to change, so you can successfully represent the previously poorly represented, without financial hardship to your firm, or giving away money to attorneys who failed to perform and protect the injured workers that trusted them and retained them.
Or, injured workers, in pro per, will establish vendor networks and break the monopoly the ABA seems to have on WorkComp legal issues. Can’t we all just work together, and get along? Compatible goals would include immediate and appropriate medical care, and expedited return to work processes, and cut out all the dubious file churning. These are lives at stake, not just “cases” and “files.” BE HUMAN!
I suspect that WyndhamWorldwide may be looking for new #WorkComp insurance carrier and defense firms in the foreseeable future.
The CNA handling of my case has been very poor for nearly 3 years. The legal counsel has been extremely sloppy, imho. The timeshare industry on the whole is probably nearly as profitable as the insurance industries, so that could be a business opportunity in progress.
I would like to see every InjuredWorker provided with a copy of THE ART OF WAR by SunTzu to study during any work related recovery and rehabilitation. It could minimize casualties.
It’s been brought to my attention that it is somewhat of an industry standard to terminate benefits upon diagnosis of a “brain injury” or any significant or potentially catastrophic injury.
My diagnosis was February 2012, repeatedly reiterated by more than 30 medical evaluations that did not result in treatments.
For some reason, people in WorkComp often confuse an evaluation and recommendation for treatment with actual treatment, even though the costs are often higher for reports. My benefits were terminated in April 2012, what a coincidence. Court orders, intervention by Adult Protective Services, local politicians, and local Crisis Center have free up funds, periodically. It is what could be considered to be a ‘low grade financial terrorism’ and abuse.
Nearly $30,000 in personal funds has been spent to stay alive and get treatment. Defense apparently has no intentions to reimburse, not even reimbursement of miles to “primary treating doctors” [a PTP is State designated Orthopedic Surgeon to be seen every 45 days to request medical care with brain specialists that is consistently denied by doctor and lawyers without expertise in TBI.] Fortunately, the Salvation Army intervened so that I would have have heat and lights last year. Oh my.
Social Security Disability has been denied twice, as the reviewers do not deem full cognitive abilities are required to sell ‘timeshare’….even if speech is dysfluent, short-term memory severely impaired, compounded by grave disorganization and attention deficits, easily lost to and from home and moreso to and from new places, to name a few cognitive challenges.
SSDI because it’s inconvenient for an insurance carrier to act and provide coverage in accordance with policy terms? Does the State Controller know? How about the Taxpayers? Governor? Audit time?
Cost shifting from a paid WorkComp Insurance Policy to the State seems…. rather odd, doesn’t it? California seems to reward non-payment of benefits to injured workers by insurance carriers in thousands of dollars per incident. Is there sufficient money in State coffers to put injured workers on social services lines?
It has taken Court Orders and Judge time to get basic pain relief such as chiropractic and acupuncture, with total disregard to MTUS and ACOEM and common sense guidelines for immediate interdisciplinary treatment. Is that really the best use of Court time??? It took 15 months for physical therapy authorization of 6 sessions. One “independent” industry doctor stated that since the injured worker (me) didn’t get brain injury care in the first two years, and being “over 35″….. no treatment would be recommended? He teaches neurology at UCLA. God help the next generations!
Is that an EEOC direct hit? 1. Gender 2. Age. 3. Disability.
At one point, the carrier called from Chicago to ask, among other things, in light of non-treatment for nearly 3 years, “…when ARE you going to die?” More recently, defense counsel suggested a ‘court appointed conservator’ since there is such non-acceptance to torture delivered via WorkComp systems and procedures. #DomesticTortureReports-2015 seem necessary and a logical next step.
Since actual numbers of TBI victims reach well into the many millions, it is easier to see how such a risk management strategy of fast-and-potentially-lethal denials could develop as a cost-savings remedy for carriers.
What is your experience or policy regarding treatment for brain injuries? Is it more than CNA’s 3-year plan of a few chiropractic, a couple of acupuncture, and a couple of clinical psychology visits, and when pressed, 16 days in the third year to include speech therapy, occupational therapy, and non-specific physical therapy?
Does return to work ever factor in for closed head trauma, in your experience, or is that age and gender sensitive also?
Here are two more books that could prove mutually beneficial to the Brain-Injured Populations, and those who purport to serve them.
As a “Finalist” in the #WorkCompLaude 2014 category of InjuredWorker, I have been blessed to meet some of the good people in the WorkComp World, many aghast at my story, or my telling of it.
As I often say, “WE DO NOT HAVE THE RIGHT TO REMAIN SILENT!”
Let’s ensure that more nominees are included in all categories are included in the 4th Annual #CompLaude Awards Gala on December 5, 2015!
Asking for assistance from NAIDW.org may prove beneficial to all concerned in the Great Good.
Let’s also see if we can talk David DePaolo of WorkCompCentral into making it a NATIONAL EVENT….EVEN AN INTERNATIONAL EVENT!
Some of us envision State Committees of Correspondents convening and nominating to applaud the applaudable and to indict the indictable.
This story about #Nuclear Workers at #Fukushima seems to illustrate the practices of Corporate responses to Work Injuries and Deaths, globally:
“I think you have met many people in the Workers Compensation community in the last couple of years and perhaps have met some people who you feel could give you advice that you can trust.” – Anonymous Defense Attorney
See suggestion below made by defense counsel to injured worker with untreated TBI and a completely churned file, for the profits of the few.
Even if CNA is not your #WorkComp Carrier, you may find their practices “of interest.”
Per attorney’s suggestion, your advice is immediately requested. Time is of the essence.
Write to Linda directly at wynLINDA@gmail.com
or call at 760 368 7236
if you can help or are in the same canoe
DEFENSE FIRM SUGGESTS THE FOLLOWING, SINCE, APPARENTLY, NEARLY 3 YEARS OF FAILURES TO PROVIDE MEDICALLY NECESSARY TREATMENTS DID NOT RESULT IN A CONVENIENT DEATH TO INJURED WORKER, WITH PLAUSIBLE DENIABILITY, SO PERHAPS A COURT-APPOINTED ‘CONSERVATOR CAN BE PREVAILED UPON TO COMPLETE THE JOB?
IS THAT WHAT HE IS SUGGESTING? DRAW YOUR OWN CONCLUSIONS. REMEMBER REMEMBER, EVERYTHING HITLER DID IN GERMANY WAS ‘LEGAL’…TILL NUREMBURG!
WILL THE DOJ, DOL, EEOC ETC COME TO THE AID OF INJURED AMERICAN WORKERS? WE CAN HOPE, HUH?
“By the way, if you were interested in hearing my idea of the other day, it would have been easier to tell me you were interested and want to hear more rather than send emails to other parties.”
“My suggestion is based on my perception of your inability to navigate the workers compensation system and make decisions for yourself in this arean.”
“As I told you the other day, I don’t think you have the capacity or ability to move your case through the workers compensation system to your maximum benefit. I don’t know why this is.”
“I think if the doctors who are treating you are in agreement that you are unable to make appropriate decisions for your own benefit in the workers compensation system;”
“If the judge feels that according to the doctors opinions, you are unable to make appropriate decisions for your own benefit in the workers compensation system,”
“then it is possible the judge would order a trustee or guardian who would make all appropriate decisions for you.”
“The person would be an individual selected by the judge unless there is somebody you would want to have this position”
“If that person were an attorney, then my client would have to pay that person for their time and effort. Such fees and costs would be awarded by the judge.”
“There are both benefits to you in this potential option and there are also detriments.”
“I am not your attorney so I cant and wont give you legal advice as that would be a conflict for me”
“I think you have met many people in the Workers Compensation community in the last couple of years and perhaps have met some people who you feel could give you advice that you can trust.”
SO, WHAT DO YOU THINK ABOUT THE IDEA PRESENTED BY THAT ATTORNEY?
HOW MANY BILLABLE HOURS WAS THAT?
HAVE YOU STUDIED The Rules of Verbal Self Defense Against the Psychopaths?
If you are an injured worker, you better know about how to deal with these guys…they are dangerous….and soooooo polite, huh?
TIME IS OF THE ESSENCE. THIS IS NOT AN UNUSUAL SITUATION.
America needs #WorkComp #TortureReports Now!
IT IS THE STANDARD PATTERN OF PRACTICE of #WorkCompWar and Terrorism on Injured American Workers. Canada seems to have similar problems, as does the UK. We all know that the Yakuza runs things in Japan, to keep the show going for the unsuspecting global public with ‘Fukushima Clean Up Crews. America? America?
BUT FIRST, LET’S SEE WHAT TREATMENTS HAVE BEEN AUTHORIZED compared to what NIH, MTUS, ACOEM and professionals with brain injury expertise recommend?
National Institute of Neurological Disorders and Stroke
Jul 22, 2014 – TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Symptoms of a….
#CNA, a global insurance carrier with a CEO earning more than $10.7 million a year off such things as InjuredWorker CashCows (follow https://twitter.com/CNA_Insurance) did authorize the following ‘Brain Injury Treatment Kit,’ partially delivered by USPS, requested by two different Orthopedic Surgeons.
Note: Physiatrists, Neurologists, Neuropsychologists, Speech Therapists, Neuro-Optometrists, Occupational Therapists, etc. are apparently not part of the CNA arsenal for insured to aid recovery and return to work. Oh well, they tried with this kit, huh?
Are there any professional opinions on how to use an ultrasound for brain injury, and any caveats on lobes? OK to use with all lobes?
In 2012, it did not come with any instructions for use on neck/back or brain. The drug recommendations included ‘stomach acid’ medication, and some special very expensive cremes. Again, any brain injury experts are invited to weigh in on the CNA Guidelines for Treatment of Brain Injuries.
OTC counter analgesics also recommended. The WC evaluating doctors suggested that since no medical care had been authorized in the first two years, and that the injured worker was female, over 35, that none should be authorized now. Same doctor was unfamiliar with the concepts that occipital lobe is involved in vision, not just the eyes.
Further to CNA Treatment Plans for Brain Injury:
Year One – Rest and Wait and Wait and Wait; 17 chiropractic, 14 clinical psych, about 30 gravy train evals, ignore all recommendations for treatment.
Year Two – Rest and Wait and Wait and Wait; 6 chiropractic, 6 acupuncture (Court Order required to scheduled)
Year Three – 24 days of a recommended 3-6 month indisciplinary TBI treatment program to include speech therapy, occupational therapy, physical therapy and Interdisciplinary Process interaction for Return to Work Planning (pay for RTW component, refuse to participate, then terminate treatment as ‘good ’nuff’)
Another doctor simply diagnosed probability of non-industrial epilepsy in lieu of witnessed slip and fall. Huh? Those were very expensive medical reports reviewed to continue denials of medical in year 2, and required 2 days in Court for a Court Order to have Defense firm add approximately 300 pages of omitted medical records for supplemental reports. No sanctions, just a reminder to not omit records again with intent to deny medical. That was summer; the serial omitter struck again in December.
The CA DIR Fraud Warning is issued annually in October, there is no enforcement so defense firms do whatever is necessary to deny treatment and keep the gravy train moving?
Those 2013 reports are to be used in determining Permanent Disability, and it makes no difference that a few industry leased/owned doctors changed the date of injury to 2013 from 2012, in order to use medical reports of 2012 to substantiate ‘evidence of pre-existing conditions.’ When the reports were objected to and corrections requested, they simply changed the date of injury back to 1/9/12, but did not change the conclusions.
CNA refused to pay TTD to injured worker in 2012/2013, which cost burden was shifted to the State of California. In 2014, the issue came up again, and CNA was a offered, apparently, a negotiated bonus of approximately $16k for refusing to comply with US Labor Codes. On appeal, a Judge ruled that it was not the InjuredWorkers money (so it must have been State Coffer money given to the Chicago firm for violations).
Social Security Disability acknowledges the brain injuries and after the mandatory 2 denials, pending hearing, they have advised that a fully functioning brain is not necessary to sell WyndhamWorldwide TimeShare.
Interesting, huh? Hearing still pending. No treatment, no interactive process for return to work, no income…….. what a machine, huh?