The point is that any injured worker must keep copies of all events related to their case, including medical records, daily journal, neat copies of receipts for all income and expenses and requests for reimbursements etc. I quite frankly think it’s monstrous that so many people, as Chris Asvar, Esq. opined, ‘obviously didn’t do their job’ when he declined to help me in late 2012, and when I asked again in 2013 and 2014…. and that theme continues.
My file of attorney notes and ‘letters of non-engagement’ are pitiful and could be subject to a whole e-book on ATTORNEY JOKES in the World of WorkComp. This injured worker has spent more than $43,000 on medical miles and medically necessary treatments, unreimbursed. Also, not uncommon in Workers Comp “Grand Bargain.” That industry “cost and risk shifts by any and every means necessary” is a well tuned machine.
OMG, the lawyer crowds are funny peeps… I remember one returned my call about 8 pm one night, clearly in an ‘altered state’ and ranted about how people like me were ‘pariahs’ in the system, and he was swearing up a storm about how he had no life, chad ase load of more than 400, and if he did take my case, that phone call would be the longest conversation we ever had. Turns out he knows the former defense attorney. I mentioned my allegations of fraud with intent to deny medical care; he went ballistic again and said, ‘She’s not capable of fraud. Incompetence yes, fraud, no.’
Alrighty. I suggested, “Well, since you know the defense, why don’t you make contact with her and then decide if we will consider going forward. Another attorney reviewed files and said, “I’m sorry, this is over my head. There’s too much fraud.” I cried and said, “What am I supposed to do? I have a f—-king brain injury, I can’t keep fighting fraud alone.” He suggested Gloria Allred. Couldn’t get past her gate keepers.
Nobody likes WorkComp…. with good cause. Another attorney told me it didn’t matter if I have video records of ‘them’ committing fraud’… it would never stick. Another said that Romano Trust vs. Sedgwick gives the green light to the industry to maim and kill injured workers without consequences. Bummer.
That attorney said something about look at how various insurance companies are gobbling up the smaller ones after that case was ‘settled’ with a $100k price on an injured workers head; cheaper than medical care, huh?
How about the attorney who said, “Nobody will believe YOU have a brain injury. WorkComp is a very small community, everybody knows everybody.” I said, “Well, the only reason they wouldn’t believe it is because someone failed at getting the recommended evaluations and medical care from experts. Intermittent chiropractic is hardly legitimate medical care for a well diagnosed brain injury.”
How about when I appeared for a deposition, which was aborted and they attempted to coerce me to accept a $100,000 settlement, less attorney fees, in November 2012, without benefit of proper evaluations or care. I told that attorney, “I’M INJURED, NOT STUPID. I NEED TO KNOW WHAT’S WRONG WITH MY BRAIN, AND WHAT IT WILL TAKE TO GET IT BACK”
APPARENTLY, I DON’T GET IT BACK. MAY YOU ALL HAVE VERY INTERESTING LIVES, AND REAP 100 FOLD OF WHAT YOU HAVE SOWN.
If you are a numbers Geek, maybe these numbers make sense to you. They make no sense to me, or to the experts trying to sort out the current shell game. It’s embarrassing to share such a sloppy excel spread sheet…. I used to a database wizard and excel queen. Anyway, the numbers are from CNA and EDD print outs…. and they don’t match up.
The WC Offset and Social Security Retroactive Pay back to date of injury, 1/9/12, less 6 month waiting period, seem to rely on accurate numbers in order to calculate:
- (ACE) Average Current Earnings
- (8% of something)
- (DIB) Disability insurance benefits
- WC (something about wash out agreements over life time)
- (3 + 4) (combined WC and DIB; if 5 is less than 3, no offset)
- (5-2) offset
- (2-6) reduction in DIB
It is unclear to everybody how Social Security Administration came up with the numbers for their calculations, and what sources were used. As is apparent here, CNA is all over the place with how much they paid and when. CNA has not paid any penalties to date for delays in payment, which are apparently substantial consider refusal to pay TTD through most of 2012 (4/16/12 – 2/14/13, with last payment being 5/8/14 in the amount of $1,298.82, issued 5/7/14)
It appears that the moneys EDD advanced because of the CNA refusal to pay TTD (with it’s refusal to provide medically necessary treatments repeatedly requested and denied in 2012 by non-medial professionals, and in 2013 forward, CorVel corporations continued the deceptions with intent to deny medical care.
.More than 40 doctors were seen for evaluations and the medical care provided is addressed in other blogs, out of compliance with ACOEM, MTUS and common sense, having caused permanent and irreparable life time incapacitating damage. (Thanks Wyndham et al)
How many days/weeks TTD did CNA actually pay? The numbers are all over the place, depending on what page is being reviewed.
SOCIAL SECURITY PAID
On May 15, 2015 — A fully favorable decision made by the Social Security Administration, with a deposit made to a closed bank account (not to the existing account for retirement benefits) in the amount of $25,591. A kind agent of the Treasury Department resolved that issues to everyone’s satisfaction. (Thank you!)
“ACE” is stated as $3,700/month, and the source of the information is quite unclear. The income numbers stated by SSA match nothing.
SSA also states ‘Your Workers Compensation payment of $4,177.30 — because you receive this payment’ – HUH? LAST WORKERS’ COMP PAYMENT WAS FOR 1,298.82 ISSUED ON 5/7/2014.
Then SSA sent a letter stating “we paid you $31,654 for February 2013-July 14″ opining an overpayment of $27,078.00 (remember, they only sent $25,591, now they want back $27,078, the only money received since 5/7/14 was the June commencement of basic early retirement money in the amount of $1334, and periodically LTD payments, unless they were being subrogated or offset for some reason or another.
On 8/12/15, credited $1,500 to the ‘overpayment” and now demands $25,578, ‘or else’. This credit was since the SSA Court generously gave the law firm an additional $1,500, the law firm returned it to SSA, as the agreement was for $4,500, not $6,000.
EDD PRINT OUT SAYS THEY PAID 938 DAYS AND THAT WC PAID 509 DAYS FOR A TOTAL OF 1,447 DAYS FOR A TOTAL OF 127,214.90 FOR A TOTAL BETWEEN EDD AND WC FOR 1013 DAYS. MAKES SENSE SO FAR? YEAH, TO ME EITHER.
CNA adjuster alleges on 10/19/14 they “paid” 1/9/12-4/15-12 @ 652.15 per week and 2/15/13-5/8/14 @ 649.41 per week and reimbursed EDD for 1/28/12 to 3/4/13 for a total of $31,400.
CNA “Total WC Ind to Date””
|C N A “Total WC Ind to Date”|
|$ 31,400.00||10/19/14||CNA adjuster alleges on 10/19/14 they “paid” 1/9/12-4/15-12 @ 652.15 per week and 2/15/13-5/8/14 @ 649.41 per week and reimbursed EDD for 1/28/12 to 3/4/13 for a total of $31,400.|
|$ 22,118.00||7/3/2013||Total WC ind to date|
|$ 42,899.12||2/28/2014||Notice of termination of benefits; last check was 2/12/14, when “Total WC ind to date” was $42,899.12 — approximately 40 weeks|
|4/21/2014||“Notice of TTD Resume for 2/14/14 – 4/24/14 @ 649.41 ” w/check for $6494 issued 4/18/14 and a check for 4/25/14 – 5/8/14 for $1298.82 on 5/7/14|
|$ 82,092.04||5/8/2014||C N A issues another ‘notice of payment termination, again alledging “104 weeks of payments paid 1/9/12 – 5/8/14 @ 652.15/week for a new total of $82,092.04|
|LAST PAYMENT ISSUED 5/7/14 for $1298.82|
|11/3/2014||PD Disability status – repeated refusals to provide estimate PD benefits or advances|
|$ 87,422.04||1/50/15||PD advance on estimated PD to help get TBI treatment, $5,000, subrogated to LTD carrier, new total paid stated as $87,422.04|
|EDD says here EDD paid||77,821.38|
|EDD SAYS WC PAID IW||47,252.31|
|WC SAYS HERE PAID IW||49,393.52|
EDD PRINT OUT SHOWS:
- EDD PAID IW
|BGN DT||END DT||NUM DYS||REASON||AMT||ISS DT||souce|
|1/28/2012||2/14/2012||18||$ 801.90||2/15/2012||EDD INFO|
|2/15/2012||2/28/2012||14||$ 623.70||2/29/2012||EDD INFO|
|2/29/2012||3/13/2012||14||$ 623.70||3/14/2012||EDD INFO|
|3/14/2012||3/27/2012||14||$ 623.70||3/28/2012||EDD INFO|
|3/28/2012||3/31/2012||4||$ 178.20||4/2/2012||EDD INFO|
|4/1/2012||4/16/2012||16||$ 712.80||4/17/2012||EDD INFO|
|4/16/2012||5/14/2012||29||$ 2,701.76||5/16/2012||EDD INFO|
|4/17/2012||4/30/2012||14||$ 623.70||5/1/2012||EDD INFO|
|5/1/2012||5/14/2012||14||$ 623.70||5/15/2012||EDD INFO|
|5/15/2012||5/28/2012||14||$ 1,928.00||5/29/2012||EDD INFO|
|5/29/2012||6/11/2012||14||$ 1,928.00||6/12/2012||EDD INFO|
|6/12/2012||6/25/2012||14||$ 1,928.00||6/26/2012||EDD INFO|
|6/26/2012||7/17/2012||22||$ 3,029.71||7/18/2012||EDD INFO|
|7/18/2012||7/31/2012||14||$ 1,928.00||8/1/2012||EDD INFO|
|8/1/2012||8/14/2012||14||$ 1,928.00||8/15/2012||EDD INFO|
|8/15/2012||8/28/2012||14||$ 1,928.00||8/29/2012||EDD INFO|
|8/29/2012||9/11/2012||14||$ 1,928.00||9/12/2012||EDD INFO|
|9/12/2012||9/25/2012||14||$ 1,928.00||9/26/2012||EDD INFO|
|9/26/2012||10/12/2012||17||$ 2,341.14||10/15/2012||EDD INFO|
|10/13/2012||11/5/2012||24||$ 3,305.15||11/9/2012||EDD INFO|
|11/6/2012||11/8/2012||3||$ 413.14||11/9/2012||EDD INFO|
|11/9/2012||11/22/2012||14||$ 1,928.00||11/26/2012||EDD INFO|
|11/23/2012||12/6/2012||14||$ 1,928.00||12/7/2012||EDD INFO|
|12/7/2012||12/20/2012||14||$ 1,928.00||12/21/2012||EDD INFO|
|12/21/2012||1/3/2013||14||$ 1,928.00||1/4/2013||EDD INFO|
|1/4/2013||1/17/2013||14||$ 1,928.00||1/18/2013||EDD INFO|
|1/18/2013||1/31/2013||14||$ 1,928.00||2/4/2013||EDD INFO|
|2/1/2013||2/21/2013||22||$ 3,029.71||2/25/2013||EDD INFO|
|2/23/2013||3/4/2013||10||$ 1,297.99||3/11/2013||EDD INFO|
|3/5/2013||5/17/2013||74||$ 3,325.67||5/28/2014||EDD INFO|
|5/18/2013||7/30/2013||74||$ 3,325.67||5/28/2014||EDD INFO|
|7/31/2013||10/12/2013||74||$ 3,325.67||5/28/2014||EDD INFO|
|10/13/2013||12/25/2013||74||$ 3,325.67||5/28/2014||EDD INFO|
|12/26/2013||3/4/2014||69||$ 3,100.94||5/18/2014||EDD INFO|
|3/5/2014||5/11/2014||68||$ 3,334.34||5/28/2014||EDD INFO|
|5/12/2014||5/27/2014||16||$ 2,203.42||5/28/2014||EDD INFO|
|5/28/2014||6/10/2014||14||$ 1,928.00||6/11/2014||EDD INFO|
|6/11/2014||6/24/2014||14||$ 1,928.00||6/25/2014||EDD INFO|
|6/25/2014||7/8/2014||14||$ 1,928.00||7/9/2014||EDD INFO|
|7/9/2014||7/22/2014||14||$ 1,928.00||7/23/2014||EDD INFO|
|7/23/2014||7/24/2014||2||$ 246.00||7/25/2014||$ 77,821.38||EDD INFO|
- WC PAID IW PER EDD
|BGN DT||END DT||NUM DYS||REASON||AMT||ISS DT|
|3/5/2014||5/8/2014||65||WC||$ 6,030.24||$ 47,252.31|
CNA RECENT PRINT OUT SHOWS:
|c n a||Amout||Period||Issue Date|
|!!!!!!!!!!||!!!!!!!!||!!!!!!!!!!||!!!!!!||____ Weeks Late; 25% penalties +++|
|!!!!!!!!||!!!!!!!||!!!!!!||!!!!!!!||___ Weeks late; 25% penalties +++|
|C NA PAID TO IW||WEEKS PAID|
|104 weeks per Labor Code, weekly rate questioned, but at $1,298.82 x 52 checks = $67,538.64|
|C N A Reimbursed $31,400 to EDD on 4/29/14 for paying IW $49,49,422 from 2012-2013 because C N A refused to despite Court demand:|
|$ 31,400.00||=||24.17579||weeks||99/weeks effective payment?|
|Lump Sum Permanent Disability Advance|
|$5,000||1/30/2015||(subrogated by private LTD carrier?!!)|
REMEMBER REMEMBER……WE ARE THE MEDIA NOW…..
AUGUST 31, 2015 IS THE LAST DAY TO NOMINATE FOR
DID YOU GET YOUR NOMINATIONS IN YET? MAYBE WE CAN ASK DAVID DEPAOLO TO PRETTY PLEASE EXTEND THE DATE BY TWO MORE WEEKS…..
WATCH FOR MY LIST OF NOMINATIONS, AND THE DNN-LIST…DO NOT NOMINATE/NEEDS IMPROVEMENTS