To: Tina Jordan, Regional HR Director – Southern California Wyndham Vacation Ownership
Michael Dougherty, Director, Risk Management at Wyndham Worldwide
cc: Supplemental Stakeholders, including Shauna Chiappella, Senior Trial Attorney at CNA Insurance (thanks for viewing my profile on LinkedIn)
In response to Tina’s email of this morning, please note that Mediation proposed last year may be possible this year with HON. STEVEN SIEMERS, Retired WCJ of Oakland. Awaiting word. The big question is: DO THEY WANT TO SETTLE THE CASE OR ?????
Your email is quite hope dashing, as it indicates just more of the same abuse that I have experienced since the date of injury.
Tina, please tell how you misinterpret the following statement to mean I still held any hope of returning to work tomorrow:
“Let’s aim for 12/14/15 return to work, and please send me a job description to go with those accommodations forms you want filled out…. remember, there’s been no medical care, so wishin and hopin isn’t going to bring about changes.” The full email is below again for your convenience.
I am supposed to return to Coastline Acquired Brain Injury program in Newport Beach tomorrow, not Wyndham Worldwide – Palm Springs or Indio. I may have to reinstate a GoFundMe efforts in order to make that happen now, or just stay home. Remember, Social Security Administration is investigating the CNA allegations of monies paid to Injured Worker that were not received by the Injured Worker according to everybody’s records but CNA’s. That event may involve the State Controller and hopefully, finally, other authorities. It’s too complicated for me to sort out, so I have handed my files over and the experts can sort it out. The false or mis-statements statements by CNA have caused SSA extreme excess work to determine monies due to me for retroactive social security disability. False statements by Grancell have made it into the EDD records, all worthy of further investigations.
We’ll keep the aim on RETURN TO WORK FOR DECEMBER 2015, through the authorized extended leave through 12/14/15.
The apparent trickery and chicanery of your very polite letter below mis-stating the current status is very upsetting to me, and further illustrates nothing but more Wyndham bad faith to me. I received a similarly high-fructose email from Stewart on Friday…. filled with empty words.
It’s really quite the “circle jerk” isn’t it, and the circle includes more and more professionals every month.
Maybe you are too stressed with all the horrible events that have been happening at Wyndham -Southern California— what with spouses of managers committing suicide, another manager being arrested for…killing his wife?! then running off to a CABO timeshare???!!!!— and strokes and general discontent and fear and loathing on the sales floors? I’m hoping that the good people at ProPublica will add Wyndham’s WorkComp program to their series on The Demolition of Workers Compensation. You and Michael Dougherty have certainly helped Wyndham Worldwide to earn a place in their series.
If there is anything I can do to help make it easier for you to help me, please let me know. I would imagine you have a swath of injured workers, like me, also unprotected from the CNA WorkComp Carrier and it’s defense teams.
My apologies that the email of Friday below was so complex and confusing to you, Tina. We don’t have enough ducks lined up for return to work yet—a primary treating doctor, for starters, and the non-response from all stakeholders for weeks missed some deadlines. There are more issues in the email, and earlier ones you promised to respond to, but have not yet done so.
Stewart says it’s not his job and neither Fred nor I have been able to find a local doctor with brain injury expertise that accepts work comp insurance since December 2014, when the Orthopedic Surgeon gave up due to apparent threats of termination of referrals, and insistence that he change the well documented right shoulder injury to “non-industrial” after an MRI was authorized, finding severe tearing, and treatment with acupuncture was also authorized, ‘for the right shoulder only’ in late 2014. He firmed it up in his final December 2014 report, contrary to medical evidence in his possession, at, apparently, the threat of economic consequences to his office. Grancell has their own reports regarding that “body part” too. clearly identified in the Crowe-Paradis report of November 2012, when they attempted to “settle” for $100,000 less attorney fees….. and there’s more …dubious activities with intent to deny medical care. These issues will impact mediation, imho.
But, thanks for sending the forms. We’ll keep those forms handy for return to work still estimated on or about 12/14/15.
If you read the earlier email again, either here or on the web, you will see that I advised that I return to Coastline Acquired Brain Injury program tomorrow, 8/24/15, in Newport Beach since our collective efforts to find a primary treating doctor, organize mediation and trial return to work also failed again.
I made it clear to Stewart and the potential mediator that 8/24/15 was a serious deadline for either return to work or return to Coastline. Neither considered that and therefore mediation was aborted. They also made sure that my right to be seen by the Judge on this Petition for Order to Compel the ENT evaluation was delayed another many weeks. That’s not neutral, at all. Had their been disclosures by both parties that 8/24/15 was an impossiblity (although allegedly mediation takes a day, and cuts through Court delays, and we resumed the conversation regarding mediation in late June, I believe)
Your silence made the final decision, combined with the fact that there is no doctor to return me to work yet. Stewart says it’s not his job, and Fred and I have also failed to find someone. (Fred sent me the same ol’ defunct list that Daniel sent in 2012…. of doctors that haven’t accepted work comp patients for years; mercy, when will CNA update that bogus MPN list?)
As the unpaid leave was extended through December 14, 2015, that apparently gives us time to find a doctor, go to Court, file complaints, allow SSA time for their investigations, initiated interactive process and identify accommodations and then see where we end up.
If neutral mediation is possible, great; if there is no intention to settle, no surprise. Nothing changes when nothing changes.
Have a great week.
Linda Ayres, In Pro Per
From: Jordan, Tina R <Tina.Jordan@wyn.com>
To: lindaayres <email@example.com>; Linda Ayres <firstname.lastname@example.org>
Sent: Sun, Aug 23, 2015 8:17 am
Subject: Request to return to work
We have received your emails expressing your interest in returning to work next week. As part of our ongoing interactive process and to allow us to determine your ability to return to work at this time, we need you to please provide the attached job description and medical release forms to a health care provider(s) who can verify your ability to perform the essential job functions of the sales representative job, with or without accommodation. If you require any accommodations, we ask that you please work with your health care provider(s) to complete the attached accommodation request form.
We also wanted to let you know that we are still open to participating in a mediation to resolve your workers’ compensation claims and any related issues. We will be providing some names of proposed mediators and are open to further suggestions from you.
Please let me know if you have any questions.
Regional HR Director – Southern California
Wyndham Vacation Ownership
7610 Hazard Center Drive Ste. 301
San Diego, CA 92108
From: lindaayres <email@example.com>
To: tina.jordan <firstname.lastname@example.org>; michael.dougherty <email@example.com>
Cc: Fred.sachs <Fred.firstname.lastname@example.org>; patricia.lee <email@example.com>; michael.dougherty <firstname.lastname@example.org>; workcomplinda <email@example.com>; scott.mixon <firstname.lastname@example.org>; wvoleavesupportcenter <email@example.com>; sreubens <firstname.lastname@example.org>; michael.grabell <email@example.com>; lindaayres <firstname.lastname@example.org>; kmall <email@example.com>; mary.falvey <firstname.lastname@example.org>; tina.jordan <email@example.com>; sreubens <firstname.lastname@example.org>; michael.dougherty <email@example.com>; christopher.petrosini <firstname.lastname@example.org>; fred.sachs <email@example.com>; tara.chmiel <firstname.lastname@example.org>; marybeth.stolworthy <email@example.com>
Sent: Fri, Aug 21, 2015 3:31 pm
Subject: Linda Ayres — doesn’t get to return to work yet, No PTP, No Medical Care, No Benefits… WTF Wyndham Alert! #CountOnMe
Dear Tina and Michael and Wyndham Leave Support:
Nobody got back to me about return to work for Monday, August 24, 2015, so I will resume Coastline Acquired Brain Injury program, as long as I can afford to. It would be nice since you have authorized CNA to continue to churn the file through year end without audit or interention, at least, if they could advance some estimated PD funds of approximately $25K to offset costs.
As you can see from Stewart’s email below, he says:
” I am unable to locate a PTP for you. If you locate one, please let us know the name and address of the doctor and his/her willingness to accept you as a workers Compensation Patient.”
Yeah, ain’t that been the story since 1/9/12!!! That sure is some WorkComp coverage. Remember, Daniel Elliott couldn’t find any doctors either, I had to find them thru Cigna EAP, then through the rollodex’s of those doctors.
I got mail today from Stewart that seemed to be rubbing it in that he somehow got the Judge to participate in the 3D – delay, denial, deceive churn deal again. Yes, there is apparently an ENT eval scheduled for November, and Court for October. Yawn.
Let’s aim for 12/14/15 return to work, and please send me a job description to go with those accommodations forms you want filled out…. remember, there’s been no medical care, so wishin and hopin isn’t going to bring about changes.
Here’s a set of articles about TBI by AMy Zellmer of Huff Post…. her story is eearily similar to mine. http://www.huffingtonpost.com/amy-zellmer/
Conked on the head by falling backwards on ice…. and all related cognitive issues…. She seems to be self employed so she gets medical care early; had it not been for CNA and the bogus WorkComp policy, I would have seen legit doctors, got care, and possibly been back at work that first year. Y’all know that, but y’all keep letting CNA and Grancell harm me. Shame on you. Sounds like age, gender and disability discrimination, still.
I have been looking for a doctor, too. I would love to return to Dr. Gilbert Jaudy of the Jaudy Treatment Center in Palm Desert, the best doctor I have seen for TBI, self-procured in 2012. Kim threatened him to cease and desist treating (like she did to most of my doctors!) and Dr. Jaudy does not take work comp insurance. They could have me back to work for sure, in pretty good shape, by December. Talk to CNA, would you please.
Oh, I found another group that might help since mediation was such a bust. You can find them on LinkedIn… John Kallas “The WorkComp Employee Assistance Program, The Alternative to Litigation, workcompeap.com” They are in Mission Viejo and won’t work me or Stewart, they only work upon request from the employer. Here’s the website: http://www.smartcompinsurance.com/ LOOK AT THIS, PRETTY PLEASE: http://www.smartcompinsurance.com/injured/worker.aspx It’s worth a try?
CNA has certainly been useless to everybody but themselves and Grancell’s law firm, huh? Jump in Tina and Michael, let’s wrap this up?
Oh oh…. funny story I have to tell all of you. As I was reading the EDD notes, they allege that “20% of my brain injury is from a prior brain injury”…. I have been puzzling over that since the only people who say I have a prior brain injury are Kim Mall and Stewart Reubens of Grancell, and that got 3 doctors to write it in their reports. Thing is, there’s no medical evidence nor have I ever been treated for a brain injury before. And Wyndham certainly didn’t hire me and put me on special projects because I had an attitude problem, or any cognitive failures. You can certainly check with managers whom I helped with their reports, and even making new people feel welcome and oriented was always my standard behavior. But anyhow, since Kim and Stewart make stuff up all the time, and repeat it, and it gets into records, here’s what I think is going on.
While I wrote down every time on the intake form of all the nearly 40 doctors I’ve been evaluated by in the previous accidents field:
1993 – car collision and 2008 car collision. Now, in 1993, I was treated by an Orthopedic Surgeon and a Chiropractor. In 2008, I was treated by …. get ready for this, it’s almost funny…. a Hand Surgeon and a PODIATRIST. Seriously. Now, none of these 4 doctors ever said, suggested or treated for a brain injury, nor did they send me to any brain injury doctors. Now, fast forward to 2012, I have been “treated” with chiropractic and acupuncture for a well diagnosed brain injury, and in 2014 I got a few speech therapy and occupational therapy sessions. In 2012 I got a few sessions (thanks to EAP!) with a clinical psychologist and in 2014, Dr. Hilda, a brain injury expert, agreed to treat me, but Kim Mall wanted more evaluations to go with it. Boy oh Boy, Dr. Hilda know’s her brain stuff and helped me see just how …. hopeless recovery is since I didn’t get early treatment.
Don’t you think it’s odd that the deception by Kim Mall and Stewart Reubens about a prior brain injury made it to the QME/AME reports, suggesting “20 %” of my current issues are based on previous brain injury? I still think it smacks of “felony fraud’ but what I know, I have a head injury, huh?
I only noticed the EDD remarks because there is great confusion at the government agencies about just how much CNA paid in disability benefits. While they say they paid 104 weeks, they really paid the injured worker (me) approximately 64 weeks by May 2014, then a bit more. There’s confusion as to the total amount the paid to me….whether they should have paid (104 weeks x $649.41 or 652.15) which would have been $67,538.64 or $67,823.60. The subsequent 52 weeks of EDD that should have followed (but CNA apparently “always” (per Daniel Elliott) costs shifts to the State and refused to pay TTD, so the State pays it, and if CNA has to pay it back, it gets highly discount; highly complicated) Anyhow, had the law been honored, EDD would have paid in the 3rd set of 52 weeks approximatley $1928/mo, or $23,136. Now, EDD paid ME it looks like $47922.00 (but earlier records said $49k, but they might be holding out for a lien of $1,500) EDD records that talk about “80% of the brain injury being industrial” indicate CNA paid ME $47,252.31 and paid EDD $31,400 (Kim Mall apparently negotiated that deal with them). A Judge said the difference was not my money, so the Taxpayers took a hit on that CNA profit. But, from the sheets Fred Sachs sent me about money then sent me, it add up to about 54 weeks, for a total of $35,106.50. Maybe Fred and Stewart can see that I get a corrected copy? There is also an issue that I have been allegedly receiving monthly payments of over $4,000 from CNA? Wow, where is that money going? It sure doesn’t come to me. YOU know I HAD TO GET HELP FROM THE SALVATION TO KEEP MY LIGHTS ON!
CNA alleges in some of the paper work that they have paid me $42,899.12, or $82,092.04 or $87,422.04. AS OF 7/3/13 I HAVE A STATEMENT FROM CNA THAT THEY HAD PAID ME TO DATE $22,118.00 AND BY 2/2/14 THEY HAD PAID ME A TOTAL OF $42,899.12. SSA is working real hard to sort out the shell game.
I can hardly count since the brain injury let alone figure out a shell game. The Social Security Administration is trying to sort it all out. I suspect the State Controller will need to be involved – again.
Hey, good news, ProPublic Chairman Paul Steiger actually looked at my LinkedIn profile today. (Blushing!) Or someone from his office. I sent an inmail suggesting further exploration of the Wyndham WorkComp fiasco, of which my story is not at all unusual. I also also told him I intend to nominate MIchael Grabell, ProPublica Investigative Reporter who did The Demolition of Workers Compensation series — I plan to nominate Michael for the WorkCompCentral CompLaude Awards (You may recall, last year, I was one of four finalists in the Injured Worker Category.) Sorry, nobody with Wyndham, CNA or Grancell gets my nomination this year; maybe next year in a ‘vastly improved or rehabilitated WorkCompster category.) BTW, LinkedIn Profiles are soooooooooooo important and I see that most of you are pretty… how do I say, “social media illterates”….. so, maybe a position can be created for me to help Wyndham Executives. Tina, If I may use part of your profile as a little example? Tina Jordan
Goodness! Almost looks like you are moonlighting with Hilton? You’re probably not the only Wyndham Worker with such faux pax; fix it, and you’ll be fine. Michael Dougherty’s profile looks like he and Stewart Reubens are in hard-core collusion, worthy of federal investigations. I laugh every time I look at it. ROTFLMAO! Guys, I hope you get to “share a cell!”
Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas
I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.
Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.
Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.
January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide
Thank you for your prompt attention.
Linda Ayres, IN PRO PER
From: Linda Ayres <firstname.lastname@example.org>
To: Stewart Reubens <SReubens@grancell-law.com>; Tina R Jordan <email@example.com>
Cc: Fred Sachs <Fred.firstname.lastname@example.org>; patricia.lee <email@example.com>; Michael DOUGHERTY <firstname.lastname@example.org>; WorkCompLinda <email@example.com>; Linda Ayres <firstname.lastname@example.org>; scott.mixon <email@example.com>; MBX – WVO Center <firstname.lastname@example.org>
Sent: Thu, Aug 13, 2015 2:02 pm
Subject: Re: Change of hearing date and Return to work 8/24/15 – Palm Springs
Awwww, Looks like you want to be pen pals now?
Please let me know by 330 if Dr Reichardt has been paid and if he can be the Primary Treating Doctor, effective imediately. He has, as I have told you before, brain injury experience with professional athletes.
So, you can’t find a PTP that takes work comp insurance with Brain Injury expertise nor can I.
Who can release me to trial return to work then? An ENT? We have hearing aid doctors in my rural town. Will a note of trial release to work be satisfied by such a doctor? Please let me know and I’ll see if I can get an appointment. How about a chiropractor note? A chiropractor was the first doctor to schedule me out.
If fred has paid Dr Reichardt past due bills of more than $2.000, he might do it. He has served as a QME…. He did tell me he would be willing to be my PTP. Shall I ask him today? I have an appointment at 330?
If you can approve him, then have Tina send the forms necessary for return to work, or if a note will do,,. We can aim for August 24th since I obviously cannot return to Coastline without your help?
The only accommodation I will request is the Palm Springs office after trAining and a lumbar support chair, like they provide at Coastline for those of us with Orthopedic issues and Brain Injuries.
I hope Dr Reichardt is still willing and if so, if he might be willing to authoriize a trial return to work despite medical evidence to the contrary. He is a very optimistic doctor, and could probably teach Tony Robbins a thing or two! 🙂
When is the next local Wyndham training?
I can adjust start date to accommodate. Like if its next week or early Sept too. As I told you, I’m not going to the Salvation Army to keep my utilities and home again. Ever.
I will also check with some of the LinkedIn litigation and brain injury groups and ask for support, describing briefly how CNA has had no one for over 3.5 years and just can’t find one now either so CNA, by counsel suggestion, hopes to rely on an Ear Nose and Throat doctor…as perhaps better than an An Orthopedic surgeon for managing brain injury issues.
Churn churn Churn….
Your recollection and assessments are incorrect.
This is not the first incident of WCAB favoring Defense. It goes to Kim…..in apparent collusion with the I and A officer, giving the Judges incomplete info in order to set the Judges up, too. Tsk tsk tsk. What a web.
Its amazing what y’all can get away with, isn’t it?
WCAB denied my ADA accommodations request about ths Order to Compel, then I screamed and they approved it, changed the date, then cancelled the hearing in your favor denying me due process…again. A pattern and practice of WCAB Riverside. My DOJ complints are being updated to reflect this new act of ADA violations and request for further investigations. I have yet to be heard in over 3.5 years by a Judge re my right to medical care. Surely some decent political rep may find that at least –odd if not alarming.
Ms. Snyder’s failure to disclose her conflict of dates to commence mediation, in light of my clearly expressed timeline/deadline was the issue. Her act seems quite self-serving and un-neutral.
I apologize to you for believing I had found someone we could both work with. I understand her crowd is defense based but I believed she could be neutral. Apparently, I was wrong.
I’m in timeshare sales, I value vacations for others also. I despise peeps who live by harming others “profits before lives”…… Had she disclosed she could not meet the 8/24/15 deadline, you and I could have made a decision. Sounds like you and she decided without me. That’s not neutral.
There are two Judges that may be willing to mediate….I think it is Judge Vittoe and the other one Snyder mentioned in Newport Beach.
I will put out another request for another mediator list via LinkedIn, describing the difficulties we are having find a neutral party. I found an association of mediators on LinkedIn.
I’ll just keep blogging..I want help David find some decent people to acknowledge at the WorkComp Laude event. No easy task and he shouldn’t have to do it alone.
Linda Ayres, In Pro Per
Silent No More
From: Stewart Reubens < SReubens@grancell-law.com>
Date: Thu, 13 Aug 2015 20:00:52 +0000
Subject: RE: Change of hearing date
Dear Ms. Ayres,
It is a routine courtesy to grant a continuance due to a pre-scheduled event. I recall the court likewise accommodated your schedule the last time we had the case set for a hearing.
My understanding as to why you didn’t want to use this mediator despite her being your first choice is because she didn’t tell you ahead of time about a pre-scheduled vacation.
Unfortunately, there aren’t many Workers Compensation Mediators with any mediation training in California. So, I am out of suggestions at this point.
The individual you suggested last year is located in Northern California and isn’t geographically appropriate
I am unable to locate a PTP for you. If you locate one, please let us know the name and address of the doctor and his/her willingness to accept you as a workers Compensation Patient.
Very Truly Yours
From: Linda Ayres [mailto:email@example.com]
Sent: Thursday, August 13, 2015 11:57 AM
To: Stewart Reubens
Cc: CNA ClaimPlus – Fred Sachs; firstname.lastname@example.org; email@example.com; Tina R Jordan; WorkCompLinda; Linda Ayres; firstname.lastname@example.org
Subject: Re: Change of hearing date
More favoritism by WCAB toward the Defense? My My. What a tangled web Grancell weaves!
And how do you suggest we proceed in light of current issues?
Do you want to try again to find a NEUTRAL mediator or what?
What do you intend to do about finding a PTP with TBI expertise to line up the rest of the required evaluations, etc?
You know how to reach me.
Linda Ayres In Pro Per
Silent No More
From: Stewart Reubens <SReubens@grancell-law.com>
Date: Thu, 13 Aug 2015 17:10:50 +0000
To: Linda Ayres (email@example.com)<firstname.lastname@example.org>
Subject: Change of hearing date
Dear Ms. Ayres,
The hearing date at the Workers Compensation Appeals Board will be changed from 8/25 to October 8 th at 1:30pm