OBJECTION TO FRIVOLOUS AND MALICIOUS PETITION TO COMPEL ATTENDANCE

Posted byLinda Ayres and Friends

July 27, 2015  – draft one

Honorable Judge Robert B. Hill

Workers’ Compensation Administrative Law Judge

WORKERS COMPENSATION APPEALS BOARD

STATE OF CALIFORNIA

3737 N. Main Street, 3rd Floor

Riverside, CA 92051

RE:  OBJECTION TO FRIVOLOUS AND MALICIOUS PETITION TO COMPEL  ATTENDANCE

AT TWO QME EXAMINATIONS; DR. MEKJIAN AND DR SMITH & REQUEST FOR MEDICAL CARE AND PTP DESIGNATION (HAVE NOT HAD SINCE DECEMBER 2014)

Dear Judge Hill:

There was to be a hearing regarding these matters, and the Information and Assistance Officer refused my ADA accommodation request.  Then the Judge approved them.  Then the date for the hearing was rescheduled.  Then it was cancelled.  Then the Judge allegedly ruled in favor of yet another defense dilatory action.

I have advised Defense counsel repeatedly that I will not attend any more evaluations that are preceded with misleading statements by the defense (Mr. Reubens is an attorney, not a doctor, and his medical opinions expressed in his letters to doctors, and to me, are indefensible.  The misleading statements that he echoes, that were initially made by Ms. Mall, would be better investigated by the fraud unit of the District Attorney’s office.) Let it suffice to say they both make false statements with intent to deny medical care, and both have a pattern of practice of omitting medical records with intent to deny medical care.  This is an ongoing pattern of practice, first discovered in November 2012.  WCAB has refused to assist me, and appears complicit in the circumstances that have facilitated the legal chicanery of Grancell Stander Reubens, Thomas and Kinsey to provide medically necessary treatments since date of injury, refusals to pay TTD payments, even when so ordered by the Court,  even when authorized, it has taken a Judge to tell Grancell that medically authorized treatments must take place.  Judge Jimenez is very familiar with the chicanery, and a full day was spent in his Court regarding omission of more than 300 pages of medical records by Ms. Mall.    There’s more to that issue, and it includes very questionable practices of Ms. Mall in collusion with QME/AME doctors Bijan Zardouz, James O’Brien, and Ronald Kent.

Part of the misleading statements practiced by Grancell included placement of part of a 2012 EEG report in various locations on the medical index, from 2012, to 2010.  (Date of Injury was 1/9/12.)  The recent Maximus report was riddled with ex-parte records and communications, and either egregious errors or outright fraud.  The DA can investigate those allegations as well.

You want to know why I refuse to see these doctors?  I object because it is pure doctor shopping.  The ENT doctor’s office admits the doctor does not treat traumatic brain injury, nor does he treat auditory processing issues that result from head trauma.  The report of August 2014 — last year – from the SCRIPPS Traumatic Brain Injury Day Care Center, includes a comprehensive auditory processing report with recommendations for hearing devices WITH AUDITORY PROCESSING TREATMENT (a computer based model that is supposed to help retrain hearing.)  The report clearly states that it is unknown if the “hear loss” was pre-existing or not, BUT IT ALSO CLEARLY STATES that due to the brain injury, AUDITORY PROCESSING IS SERIOUSLY ADVERSELY IMPACTED.   So, why, a year later, must I go see some doctor has no expertise in brain injury or auditory processing, to have my hearing checked?  Why must I go see a doctor who will be provided with incomplete medical records by the Defense, and a deceptive cover letter?  I think that violates Labor Code and it certainly violates logic and reason.  It is simply another example of file churning.

As to yet another neuro-psych report, my goodness, I’ve been tested repeatedly and while doctors have made recommendations for treatment, it hasn’t happened.  Why?  Well, they rely on the false medical reports of the three 2013 QME/AME doctors who following the mis-leadings of Ms. Mall of Grancell — these doctors falsely stated the date of injury to 2013, and used 2012 medical records to falsely allege evidence of pre-existing injury and treatment.  When I objected, they just changed the date of the injury but not their conclusions.  Dr. O’Brien’s report is so silly even a child could see the fraud.  Yet, he has been protected by WCAB, sadly.  Same for Dr. Kent and Dr. Zardouz.   I can provide verification of disability from Coastline Community College, a State run ACQUIRED BRAIN INJURY PROGRAM.  I can provide Social Security Award Letter and Judge’s Decision of April 2015, which also includes reference to the 3 above doctor reports.

Furthermore,  Defense has sufficient evidence to know how egregiously they have harmed me in failures to provide medical care, since date of injury.  Psych evals include the above and:

2012       Dr. Daniel DeGoede, Psychologist

Dr.Eileen Kang, Neuro-psychologist

Dr. Ponton and Dr. Chung, Psychologists

2013       Dr. James O’Brien

Social Security Admin Clinical Psychologist

2014       Dr. Hilda Chalgujian, Neuro-Psychologist

Scripps Brain Injury Interdisciplinary Treatment Center

Coastline Acquired Brain Injury Program

Additionally, the following neurology exams have been made:

2012       Dr. Waldman

2013       Dr.Zadrouz/Dr. Kent

2014       Dr. Michael Lobatz

Dr. Seymour Young

Dr. Jurkowitz

I noticed that the 3 reams of CorVel fraudulent non-recommendations rely heavily on the Dr.James O’Brien false statements and allegations of pre-existing conditions, with clear intent (and success!!!) to deny medical care.

As a result, I am casualty of  the worst of the worst California has to offer to it’s injured workers.

I have had to pay more than $43,000 in medical expenses and medical miles.  I have relied on the Salvation Army to keep my utilities on.  CNA refused to pay TTD in the beginning, and shifted the cost burden to EDD, so I was cheated out of not only the right to medical care, but disability benefits.  These egregious acts were fully supported by WCAB – Riverside, in interference with my right to due process to be heard for my rights medical care and more.  I have all the paperwork, but each time I have prepared to present my case to the Judge, Grancell, with your Ms. James, I & A Officer, have pulled fast ones.

The last time I was in Court, I was fully prepared and had properly requested ADA accommodations (a quiet room, table to spread papers out (compensates for impaired short term memory) and Judge Jimenez for some reason refused to allow the ADA accommodations, I had to speak to him in a room full of attorneys, WITHOUT MY PAPER WORK TO REFER TO, TOTALLY DISORIENTED as I had been told to wait outside from 8:30 am till approximately 10 am.  Then,  I remember is the Judge telling he would not hear my allegations of defense, and that I would have to verbally “convince him” of the wrong doings.  Well, my brain injury impairs my ability to communicate clearly in a verbal fashion, and as the Judge’s there know, I repeat myself — that’s called ‘perseverance’ in a brain injured person.  I do my best despite the horrors I have experienced at WorkComp.   I recall leaving and telling the Judge I had no further faith in this WorkComp system and that I would not return until I found an agency willing to hear my complaints of fraud that has not only cheated me out of medical care and disability benefits, but has caused permanent and irreparable brain damage to me—- some doctors have suggested that had I received medical care immediately, or at least in the first year, I may have returned to work by then

The FBI is willing to hear my complaints and read my allegations.  I am prepared to come to your Court now and discuss this current frivolous Petition to Compel.  Remember, Ms. Mall attempted to get an Order to Compel to make me keep attorney David Lynch, the one who sent me to Dr. O’Brien, without full medical records.  I retained Lynch’s office because of the very fact of the hundreds of pages of medical records by Ms. Mall of Grancell.  I believe  Mr. Lynch, also objected to the frivolous order, and requested sanctions.  He did good legal work for himself, although he only harmed me.

Attached is my DOR regarding this issue, and I will bring the omitted records that Ms. Reubens alleges he does not have, along with continuous complaints about false statements on  evaluation letters, and incomplete medical index.

I have repeatedly requested mediation, to no avail.  The first time, Mr. Reubens suggested the case is not ripe (meaning, I believe, that I am still alive.).  He later suggested that, as you may have read, that I agree to a Court appointed conservator to finish me off.

Bear in mind, Your Honor, my PTP, thanks to Ms. Mall and Ms. James, since February 2013 was an Orthopedic  Surgeon, with no expertise in brain injury.  The doctor tried valiantly to get me to experts for the brain injury, and he had little luck even getting me to a chiropractor.  He apparently succumbed to the extortion threats of loss of MPN referrals for trying to help me get medical care for my brain, because he determined I am MMI – Orthopedically in December, and deferred to brain injury experts for the rest of my work comp claim.

Not only did CNA fail to provide the auditory processing retraining (a simple computer program, with a cost of something like $200, with training to be an at home process) plus possible hearing devices, neuro-optometry evaluation was authorized earlier this year, and that still hasn’t happened.  I have paid for all prior neuro-optometry evaluations and therapeutic lenses.

In Court, I ask that you ‘compel’ Grancel to show proof of what medically necessary treatments they provided in contrast to all the doctors I have seen.  Your I & A officer suggested long ago that because I have seen so many doctors for evaluations, my complaints of failures to receive medically necessary treatments are unfounded.   I guess in her practice of law, she doesn’t know the difference between a medical evaluation based on false evidence and actual treatment.  She and Ms. Mall did make it very clear to me when they had me sequestered in her office in December 2012, wearing me out until I could not even speak to that Judge after they decided on the Orthopedic Surgeon who was supposed to “organize brain injury treatment” because the MPN had no physiatrist or neuro-psychologist as I had requested. , that “work comp is very adversarial” and they all know one another.

I don’t suppose you can compel the defense to participate in Mediation, but I understand that mediation can help at least in communications with unrepresented injured workers, and would make more sense that wasting tax payer moneys and Court time in their brutal scoffing at the law.

By copy, Mr. Reuben’s  is hereby again advised  that I am unable to attend any additional excessive evaluations without complete medical records and fraud-free cover letters to the attorney, and the two doctors in current question will be copied as well.  It is hoped that they will each be familiar with DIR fraud warnings that can be found at https://askaboutworkerscompgravytrains.com/2015/07/24/can-a-judge-compel-a-2012-injured-worker-to-participate-in-felony-workcomp-fraud-scam/

Thank you for your consideration.  I am ready to appear in your Court, and upon determination of Date of Hearing, I will make the necessary ADA accommodation requests.   Kindly order a date on any Wednesday or Thursday so as not to contribute to harming me further by interfering with Coastline ABI Program attendance, and financial aid,  if the date is not in early August.

The results will be included in my further complaints about Workers Compensation.  I had hoped for a right and reasonable resolution, but I have been advised that this fight may continue until my death, which I know that some CNA staff hope is sooner rather than later, evidenced by a phone call from them asking, “…so tell me, Linda, when ARE you going to die?”

Sincerely,

LINDA AYRES, IN PRO PER

#WorkComp & Brain Injury Survivor & Advocate

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