Is this a legitimate RETURN TO WORK process and program??
“Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process.
In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work.
We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise…… [see the rest below] “
How’s that working for YOU? OBFUSCATIONS! VIOLATIONS! DECEPTIONS! DELAYS since 2012!!
What would Liz Ryan of Human Workplace say/do? D’oh!
From: lindaayres <firstname.lastname@example.org>
To: LINDAAYRES <LINDAAYRES@AOL.COM>
Sent: Fri, Jul 10, 2015 9:52 am
Subject: Linda Ayres – Return to Work – Interactive Process, FEHA, ADA Coastline ABI Program and more
To: Tina Jordan, HR Regional Director and Michael Dougherty, National Risk Manager and WVO Leave Support Staff
cc: Supplemental People / Stakeholders / Injured Workers / WorkComp Industry Experts and Profiteers
Dear Tina and Michael:
Attached please find requests for employee discounts at the Costa Mesa property for the Fall Session of the Coastline Acquired Brain Injury program.
This will apparently prevent further loss of time and further harm and interference with care to me, while you figure out or develop a legitimate Return To Work policy for Wyndham Worldwide.
The dates for required lodging to continue participation in the Coastline Acquired Brain Injury Program are for 8/23-8/27; 8/30-9/3; 9/7-9/10, 9/13-9/17, 9/20-9/24; 9/27 – 10/1; 10/4-10/8; 10/11 – 10/15; 10/18- 10/22; 10/25 – 10/29; 11/1 – 11/5; 11/8 – 11/12; 11/8 – 11/12; 11/15-11/19; 11/22 – 11/25; 11/29-12-3; 12/6 – 12/10.
Please return them, signed, by or before 7/14/15 so that I can register for the fall program, knowing I have a place to stay.
Please send me your proposal for return to work based on all evidence in so far, and I will reschedule meetings to discuss medical release with my doctor(s). Because I did not have the information, this week’s meetings with my interdisciplinary team were essentially wasted, other than the encouragement to seek employment law legal counsel to KNOW MY RIGHTS.
Sadly, due to Wyndham refusals to meet with me in interactive process (requested meeting since May 2015) and Wyndham refusal to provide training information for discussions treatment team this month, please simply extend my accommodations request for continued leave through December 11, 2015. This further extension will provide time during which time the following can be accomplished:
- Wyndham can provide a TRIAL Return to Work proposal and offer, based on all known evidence, Upon graduation from the first year at Coastline ABI Program, it is highly possible that I may be able to return to work with minimal accommodations. During the Fall session, because part of the intention of Coastline is to help people with brain injuries return to work or community service, an accommodation plan for Wyndham to consider would be a split week (after the 2-4 week sales training). Attending Coastline on Mon Tue, or Tue Wed with 3 days (for example, Fri, Sat, Sun) to transition back to full time work would be a consideration, starting in late summer/early fall, to be determined.
- Reassignment to a new position such as VLO, or a new position that can be done virtually, such as assisting with development of a legitimate Return to Work Program in every state, starting in California (then perhaps Florida, another Wyndam hot-spot for WorkComp violations);
- As I have repeatedly suggested, perhaps a position could be created for me to function as an Advocate for Injured Workers or to head a team to seek a change of providers for the failed CNA insurance WorkComp coverage, irregardless of what Board Members and/or other staff may have conflicts of interest in keeping CNA. That is another issue altogether, isn’t it?
- Get CNA to find a local neurologist as a treating doctor and a local neuro-psycholgist as as secondary treating doctor;
- New private neurologist seems quite alarmed that CNA refused to have the April 2014 EEG further evaluated with medical evidence, as recommended by their neuro-consult doctor. Several more EEGs and possibly MRI’s are being scheduled
- Get CNA to advance “estimated PD” to facilitate attending Coastline ABI Fall session
- Get the necessary treatments including January 2015 authorized neuro-optometry evaluation and recommended auditory-processing LACE treatments
- Get further evaluations the defense wants to spend on, (once defense medical records are corrected and completed)
- Get proper legal counsel for employment law/FEHA/ADA violations and file complaints of continuing harm since October 2012.
- Submit new and past due reimbursements requests to CNA and WCAB Audit Unit with complaints re CNA failures to make payments of estimated permanent disabilities (should have commenced last year). I have spent more than $43,000 to survive the Wyndham WorkComp program.
- The additional time will also give defense time to organize and correct the mistakes and omissions on their version of the medical index prior to any further evaluations. While defense insists that, apparently, because I have not died from lack of medical care, and because I have not become homeless because of failures to provide disaiblity benefits in compliance with law and the insurance policy, that mediation for the work comp case is premature, as they know, the employment law issues are outside of work comp. I believe Grancell has an employment law division and they will most likely be happy to engage in a lawsuit that may cost Wyndham Worldwide hundreds of thousands of dollars in legal fees to defend. Maybe that’s covered in the policy as well, so no real risk to Wyndham, just more money for Grancell. Not my problem.
- Update complaints to DOI and FBI
- Update information ot the media, social and mainstream
As you know, Social Security Disability Hearing finds me chronically and permanently disabled, gives little weight to the reports of AME/QME doctors of 2013, as they ‘did not have sufficient evidence’ and it is certain that a legitimate WorkComp Judge would find the same, if not finding pure felony fraud of those reports. Social Security gives an injured work an option for Trial Return to Work. In light of this week’s Wyndham shenanigans, and the pending additional false reports Grancell apparently hopes to obtain while further churning the files, completing Coastline ABI Program through December 2015 seems to be the most streamline accommodation, with a plan in place to resume a TRIAL RETURN TO WORK at that time, assuming medical release.
A “structured day” is critical to someone with a brain injury, so while Wyndham, CNA and Grancell diddle further, continuation at the ABI program is essential for my overall health and progress. I have no reason to believe you will act in good faith now, as it has not been your practice yet. Remember, you both have failed to intervene in helping me get medical care or disability benefits since the date of injury. Remember, there was no ‘proper notice of MPN’ and there was no offer for a ride to medical care on the date of the incident, there have been no get well wishes, and there has only been harm and permanent disability due to the non-existence of a WorkComp program at Wyndham Worldwide/WorldMark by Wyndham. Great benefits if you’re not injured; total devastation if you are. One day, you may also get to experience it. Your knowledge will not protect you, either. You’re pawns in the bigger game of THEIR PROFITS. One day you may see that, and have some remorse for the harm you have done to me, and who knows how many others. That may be a ‘pearly gates’ accountability for you, but you will be held accountable, as we all are, for all of our actions. That’s just how life works. There are no free lunches, and no free gifts!
While one doctor had indicated that attempting the summer training sessions would be telling as to my cognitive capacity and stamina, your delays and refusals to provide information and to meet in interactive proces, make the summer session (during Coastline break) an impossibility now. I didn’t get the Oceanside and Anaheim dates until after my meetings, so I was unable to discuss with the professionals. Also, since you previously advised that lodging is not provided to trainees, since there are no trainings happening in Indio, we will probably have to wait until such time. Please please keep me posted as to the next Indio training sessions, so that it can be incorporated into a return to work plan/transition from Coastline ABI program plan.
I have no idea why you refused to provide the dates so they could be discussed with people trying to help me return to work. I could have asked the doctors and professors on an opinion to request to be in the Oceanside training, if lodging was included. As it stands, they seem as horrified as I am by the continued patterns of harm and bad faith, and they seem to think it is a hostile workplace, and a severe danger for me. That’s based on what I have told them about my experiences trying to get medical care, and aborted attempts since 2012 to return to work. My deductive reasoning is still a bit off, so I must defer to friends and professionals who suggest that Wyndham means only further harm to me. I don’t want to believe that.
It is incumbent on Wyndham , as previously requested, to provide a proposal for return to work with known requested accommodations. All of my requests have apparently been unsuccessful in facilitating interactive process. WVO Leave Support also refused to correct the mis-statements of the existing leave extension. Please send me a proposal for return to work incorporating all previous communications and this one. Upon receipt of your proposal, I will make fresh appointments to discuss a Wyndham RTW proposal with professionals who can offer counsel.
As you know, time is of the essence and any accommodations requests for a transition plan from Coastline back to work must be submitted with Fall Registration by 7/15/15. It was in that regard that I needed the information for my meetings this week with professionals, to determine what, if any, accommodations to request. Then, you and I were to meet after those meetings. We tried to schedule a meeting, which I first requested when vouchers were submitted for the Summer Coastline ABI program. So, your statements that you remain willing to meet while you refuse again to meet, are baffling, indeed, and clearly false evidence appearing real. That was your same pattern of practice last year, when the Scripps Occupational Therapy Department Supervisor attempted to coordinate a meeting to commence the interactive proces.
If you are relying on Grancell’s staff for ADA compliance information, as a Shareholder, I must insist you seek outside counsel for compliance, and as a shareholder, I must insist that you and Michael Doughterty and other stakeholders demand an outside claim audit of the gross mishandling of my case, internally and externally.
Thank you for your email of last night indicating “… we remain willing to meet with you at a mutually agreeable time and place”. Looks nice on paper, but your words are not congruent with your actions.
For several weeks now I had been attempting to secure an appointment with you to engage in interactive process to plan return to work (as requested most recently as far back as May 2015). While my treatment team was astonished at your email requesting to meet in session with the doctor and me, and your refusal to provide any preliminary information, as I repeated requested, I needed information from you regarding dates of the upcoming training sessions for a Wednesday 8 am meeting at Coastline and a Thursday morning meeting in Palm Springs.
Once I advised you that I have been encouraged to seek legal counsel with an employment lawyer regarding my legal rights, you finally provided the dates of the next couple of training sessions, AFTER MY MEETINGS. I will not see the doctor again for a few weeks, and we will explore the possibilities further.
As Wyndham has all the medical information and doctor reports from WorkComp doctors necessary and pages of my requests and proposals, including the spreadhsheet I did of IF THS/THEN THAT scenarios, and I have even provided you with JANN.org and SCRIPPS Brain Injury Day Treatment Center info on what it would take to have SCRIPPS participate in the interactive process, including their fee of approximately $20,000 for the services – to include further speech, occupational and physical therapy – I don’t know how else to work with you to attempt return to work.
Consensus amongst friends and providers is that I must take actions to protect myself. Many suggest dismissing hopes to make a difference in the lives of other injured workers violated, maimed, and permanently disabled by WorkComp practices such as those I have endured at the cruel hands of Wyndham Worldwide, CNA aka American Casualty and the Grancell team of legal goons with those of the WCAB is a philosophical difference. I have talked with and met too many uninjured professionals who know the truths, and refuse to act. I truly believe that THOSE WHO HAVE THE PRIVILEGE TO KNOW, HAVE THE DUTY TO ACT. I know. I have a duty to act, to save my own life, expose the horrors and atrocities of the abuses of injured workers in California, America and the World, by people making a living off looking the other way, or making up stories to obfuscate facts. Such practices allowed the horrors of Hitler’s Germany to happen, not unlike the WorkComp extermination programs we have today, that profit people like you harming people like me.
So, please please please return the employee discount vouchers by 7/15/15 so that I can proceed with registration for the Fall session of the Coastline Acquired Brain Injury Program — One of the subjects for the next session is Emotional Intelligence at the Workplace, and I am studying the information found on the internet, SELF DEFENSE AGAINST THE CORPORATE PSYCOPATHS. http://www.softpanorama.org/Social/Toxic_managers/Communication/rules_of_verbal_self_defense.shtml On LinkedIn, I always enjoy the writings of Liz Ryan about the HUMAN WORKPLACE. You might find it of interest, also.
I look forward with anticipation to the Wyndham Proposal for return to work scheduling, training, accommodations and more. I know the employment law lawyer will wonder why I have not received such a proposal, and will likely find your request to meet with my doctor in person, on my dime, more astonishing that I did. (It does not, Tina, conform to ADA/EEOC, FEHA requirements, and whoever told you it did, gave you info to bury you. Somebody else wants your job or what? Get better sources for your information on return to work, and get some training. It’s available. “GOOGLE IT”
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 5243
Attachments: Vouchers for Employee Discounts to attend Coastline Acquired Brain Injury Program
Note: “SUPPLEMENTAL PEOPLE” (Stewart Reuben’s cute term) can find a copy of this communication on the internet at https://askaboutworkerscompgravytrains.com/)
From: “Jordan, Tina R” < Tina.Jordan@wyn.com>
Date: Thu, 9 Jul 2015 23:11:45 -0400
To: < email@example.com>
Subject: RE: Linda Ayres vs Wyndham Worldwide et al Re: Return to work request
Though we were unable to meet today, we remain willing to meet with you at a mutually agreeable time and place.
We look forward to hearing from you with some proposed options.
Regional HR Director – Southern California
Wyndham Vacation Ownership
7610 Hazard Center Drive Ste. 301
San Diego, CA 92108
From: “Jordan, Tina R” <Tina.Jordan@wyn.com>
Date: Thu, 9 Jul 2015 14:59:32 -0400
Subject: Return to work request
The upcoming training dates for July and August are provided below. As you note, these dates are subject to change, and the precise locations within the cities listed have not been confirmed yet.
July : …. [omitted on web version]
Oceanside: …. [omitted on web version]
Augus t: The Brand will be based on Business/Staffing needs ….
In connection with our offer, as part of our ongoing interactive process, to meet with you and your physician to discuss your return to work options, we ask that you please provide advance notice of at least 5 (and preferably 7) days’ notice of the appointment time and location.
Regarding your mention of fees, though Wyndham is not obligated to pay for your examination by a doctor that you choose to see, the company will consider making an exception for this appointment. Please provide your doctor’s name, rate and the anticipated cost for the appointment as soon as you are able.
Regional HR Director – Southern California
Wyndham Vacation Ownership
7610 Hazard Center Drive Ste. 301
San Diego, CA 92108
From: firstname.lastname@example.org [mailto:email@example.com]
Sent: Thursday, July 09, 2015 12:09 PM
To: Jordan, Tina R
Cc: Linda Ayres; Linda Ayres; Dougherty, Michael; Fred Sachs; Stewart Reubens; Falvey, Mary; firstname.lastname@example.org; Paramo, Melisa; Michael Grabell; WorkCompLinda
Subject: Linda Ayres vs Wyndham Worldwide et al Re: Return to work request
Thnk you for confirming you are unwilling to meet with me to commence interactive process to facilitate return to work and or reassignments.
I will seek legal counsel with an employment law firm specializing in FEHA complaints.
I am not equippped to play your life threatening/destroying games of bad faith and ill will.
Linda Ayres, In Pro Per
ask About Workers Comp Gravy Trains https://askaboutworkerscompgravytrains.com/
From: Linda Ayres <email@example.com>
To: Tina R Jordan <Tina.Jordan@wyn.com>; MELISA PARAMO <firstname.lastname@example.org>
Cc: Stewart Reubens <SReubens@grancell-law.com>; Fred Sachs <Fred.email@example.com>; Michael DOUGHERTY <firstname.lastname@example.org>; patricia.lee <email@example.com>; WorkCompLinda <firstname.lastname@example.org>; MBX – WVO Center <email@example.com>; Linda Ayres <firstname.lastname@example.org>; Michael Grabell <email@example.com>; Mary Falvey <firstname.lastname@example.org>; scott.mixon <email@example.com>
Sent: Thu, Jul 9, 2015 11:35 am
Subject: 1230 Meeting today? Return to work request and training session dates requested. Linda Ayres vs Wyndham Worldwide et al
Hi Tina: I have not heard back from you or Melissa regarding the dates of upcoming sales training or confirmation of the tentative meeting in Indio today at 1230. Per earlier email: “I can meet you at 1230 in Indio on Jul 9. Will that work for you?” I will consider your failure to respond further confirmation that no interactive process meeting will take place yet.. In light of the continued bad faith and lightly masked hostilities, I will seek legal counsel regarding the continuous pattern of FEHA and ADA violations, and your A-typical attempts to deceive and delay return to work. Thank you. I will be back with you and Michael Dougherty, as the bulk of the violations since 2012 seem to rest on your desks as this moves out of WorkComp jurisdiction to EEOC and State and Federal ADA violations, in a pattern of continuous harm and bad faith. Sincerely, Linda Ayres, In Pro Per
InjuredWorkersUniting; Silent No More
From: LINDA AYRES – We Are The Media Now <firstname.lastname@example.org> Date: Wed, 08 Jul 2015 12:29:42 To: Jordan, Tina R<Tina.Jordan@wyn.com> Cc: MELISA PARAMO<email@example.com>; Stewart Reubens<SReubens@grancell-law.com>; firstname.lastname@example.org<email@example.com>; Michael DOUGHERTY<firstname.lastname@example.org>; <email@example.com>; Linda Ayres<WorkCompLinda@gmail.com>; MBX – WVO Leave Support Center<WVOLeaveSupportCenter@wyn.com>; Linda Ayres<firstname.lastname@example.org>
Subject: RE: Return to work request and training session dates requested
Hi Tina, Thank you for your response. I still need to know the upcoming dates of the next sales training sessions for my appointment tomorrow and for the Coastline transition plan and accommodations proposal. Please advise today. Just the dates to facilitate informed discussions and planning, please.
I already found out that Palm Springs sales office is temporarily closed. Please provide anticipated reopen date, as location is another factor of concern in planning, important to me and to my treatment teams. Your non-response to the dates was similar when Scripps Brain Injury Program tried to help me return to work in August 2014, and when Dr Ponton in 2012 tried. Please try to be more helpful. They are just dates, subject to change, to facilitate discussion for return to work. The dates are what I keep asking you for and refusal to provide them seems very hostile and in bad faith. I hope I am wrong. I consider it to be continued bad faith and refusal to engage in timely interactive process.
I will take your letter to the doctor tomorrow and get back to you asap regarding availability, willingness and what else may be required, along with any additional fees that may be required. The agenda for tomorrow’s meeting is already set and I NEED TO KNOW THE DATES OF THE NEXT TRAINING SESSIONS to be fully prepared for my doctor’s appointment. It’s a treatment session not a business session tomorrow morning. I can still meet with you and Melissa tomorrow afternoon for a preliminary meeting, pre doctor session to ensure a productive movement forward. I can meet you at 1230 in Indio on Jul 9. Will that work for you? Daniel Elliott @CNA used a similar tactic in 2012 to obfuscate truth and waste a treatment session with then treating Dr DeGoede, referred to by CIGNA, the Wyndham EAP provider, then CNA cheated the doctor out of 4 agreed upon session payments and then doctor would not even see me on a cash basis. I will not allow you to ruin my opportunity for treatment with this doctor too. As you know, since I represent myself in pro per, I am required to copy defense on all communication with you.
Thank you. Linda Ayres, In Pro PerWWID 415287
——– Original message ——–
From: “Jordan, Tina R” <Tina.Jordan@wyn.com>
Date: 07/08/2015 8:49 AM (GMT-08:00)
To: Linda Ayres <email@example.com>
Subject: Return to work request
Dear Linda, Thank you for your communications confirming that you are interested in returning to work on or before July 27, 2015 and confirming your interest in continuing the interactive process. In order to facilitate this process and make it as efficient and productive as possible for all concerned, we would like to plan a meeting at your physicians’office, which Melisa Paramo and I would attend along with you and your physician who you are asking to release you to return to work. We will attend with relevant job descriptions and your requested accommodations in hand so that your physician may provide feedback to all of us based on his or her medical expertise. Accordingly, please provide available dates and times for an appointment when we can hold this meeting and confirm who the doctor is, his or her office address and what his or her specialty is. If your doctor becomes unavailable for the appointment we confirm, we will ask that you let us know as soon as possible so that we can coordinate with you to reschedule the appointment at the next mutually available time.
Please note and advise your doctor that we are not seeking to be advised of your diagnosis or to be provided other personal medical information. Rather, we are interested in whether and when you will be released to return to work and what if any restrictions you may have as well as how those might be accommodated. I look forward to hearing from you.
Dear Wyndham Leave Support Center Staff:
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015. ….
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
From: Linda Ayres <firstname.lastname@example.org>
To: Tina R Jordan <email@example.com>
Cc: Fred Sachs <Fred.firstname.lastname@example.org>; Stewart Reubens <SReubens@grancell-law.com>; scott.mixon <email@example.com>; patricia.lee <firstname.lastname@example.org>; MBX – WVO Center <email@example.com>; Michael DOUGHERTY <firstname.lastname@example.org>; Michael Grabell <email@example.com>; Linda Ayres <firstname.lastname@example.org>; WorkCompLinda <email@example.com>
Sent: Thu, Jun 25, 2015 4:13 pm
Subject: Linda Ayres – Return to Work Planning July 2015
Hi Tina, Will you please advise the date of the next two sales training classes? I want to discuss with my new doctor team. It’s looking up for a trial return to work. One doctor suggested that a trial return to work could be very beneficial and the two weeks of training telling. While people of “low average” intelligence can certainly sell time share, despite my cognitive impairments and IQ loss, if I can successfully overcome the frontal lobe, auditory and visual processing issues etc, I too may be able to succeed again. 😀 I need to know the dates of the July/August class and location and confirmation that Palm Springs Sales office is still open. I also need to know when we can meet to explore planning. In 2012 one of the WorkComp doctors responded to my question, “When will I know I am ready to return to work” with a snippy, “You’ll know you’re ready when you are back at work.” Many other doctors have said that had I received care in the first year, it was highly probable I may have returned to work in months. Again, thanks to CNA, I have simply been permanently and egregiously harmed. Too bad Wyndham has such a poor WorkComp policy. As you know, Fred Sachs sent me another useless list to work from to find a primary treating neurologist. Seemed to be the same useless one Daniel Elliott sent. Thanks to Social Security Disability and benefits, I may be able to get some legitimate medical treatment from brain injury experts, while building a treatment team for the long term medical requirements likely necessary due to the untreated brain injury of 1/9/12. I now have a local chiropractor, neurologist and psychologist. For the psychologist, for my next session, we will explore return to work planning. As you know, I want to engage in the interactive process for RTW planning. I have not received a corrected version, as requested weeks ago, of the current extension. Let’s get some real dates on the table and a meeting on calendar. Thank you. Linda Ayres, In Pro Per Lindaayres@aol.com Workcomplinda@gmail.com PS. I am hopeful of return to work without a FEHA Lawsuit….and being the Top In House Sales Rep in Palm Springs Ever….!
I am tired of the abuse by Grancell and CNA……and I am proceeding with complaints to “supplemental people” everywhere. InjuredWorkersUniting; Silent No More