Surviving WorkComp — JUST DO IT!

Do YOU want outcomes like this for your WorkPlace Injuries? Guaranteed by CNA? Works for Wyndham--You Too?

Linda Ayres

Wyndham Worldwide – Disabled by WorkCompsters

Do YOU want outcomes like this for your WorkPlace Injuries? Guaranteed by CNA? Works for Wyndham–You Too?

How?  Have untrained staff, incapable of handling a work place injury, unable to offer medical support, transportation to an emergency room, or call 911.  Ensure that staff do not know how to complete a DWC-1 form, know nothing about alleged MPN-Provider Networks, never send a get well card and never inquire over the years of denied medical care how the employee is doing; above all, never extend a get well wish, and threaten abled working staff to NEVER SPEAK TO AN INJURED WORKER, under any circumstances.  Refer always to HR.

Then, hope for a newbie Adjuster who can “just follow orders” and rely upon EAP referred doctors for referrals to other specialists.  Hope that adjuster seriously follows PLAY BOOK that apparently deems it necessary to terminate all benefits upon diagnosis of serious injury, including Brain Injury and commence acts of emotional, mental and financial terrorism.

Hope for a designated defense counsel that will go to any means necessary to “win the case” with plenty of Court time and other billable hours on matters related to legal chicanery and obfuscation of facts.  When both are replaced after a few years, hope for seasoned, jaded professionals without hearts or souls. Higher on the food chain, the more intense the outcomes.

Count on AME/QME/IMR doctor reports written by non-medical staff, signed by industry leased/owned professionals for the big bucks, and know that legitimate doctors will also be cheated out of agreed upon fees and more.

Hope for a Risk Management team to successfully shift all risk and cost burdens to State and Federal agencies, without fear or caution.  If necessary, hope for a fraud unit that will call injured workers and ask, “So tell me, ______, when ARE you going to die?”

Count on total violation of Civil Rights—-because WorkCompsters appear to be above the law, with no regard or respect for the Constitution of these United States of America and callous disregard for life and liberty.

CNA Insurance | LinkedIn

cnainsurance

LinkedInFor more than 117 years, CNA has built relationships with agents and brokers to meet the insurance needs of businesses of any size. Headquartered in Chicago 

Wyndham Worldwide

Hospitality   10,001+ employees

 

THE ABOVE ACTIONS WILL TAKE A TEAM PLAYING PRODUCTIVE HIGH-IQ EMPLOYEE  FROM THIS:

TO THIS:

DEFENSE AGAINST THE PSYCHOPATH https://www.youtube.com/watch?v=Gd6P1Ue2aGg

FOLLOW THE MONEY: WorkComp California in Cahoots with CNA, Grancell and Wyndham?!!

go save yourself from the zombies[Last edited on July 31, 2014 at 8:47 am]

FOLLOW THE MONEY! America? Just doesn’t seem right to send a sweet little ol’ Baby Boomer to the Welfare Lines and Homeless Kamps….and early death, does it?  #Zombie Alerts!

America? Do you know, really know, how the #WorkComp Multi-Billion Dollar Insurance Scams work, to maim and kill us, while “they” laugh all the way to the bank? Here, check this out. If you have a similar story, let us know. We’re more than a little annoyed at the moment…. Follow the blogs too… more on that horizon coming right up…

#MicCheck. CAN YOU HELP ME WITH THESE GOALS?? Does it Make Sense to you Financial and Math Wizards?? Any other #InjuredWorkers experience this sort of madness, while waiting, waiting waiting for medically necessary treatments for over 2.5 years?

What’s YOUR story regarding #WorkComp and money and medical benefits? Anybody else experiencing full scale BREACH OF FIDUCIARY DUTIES by the Insurance Carriers? One goal is to shed light on these issues, in each of these UNITED STATES OF AMERICA, and helping the insurance companies mend their ways…their ways that are maiming and killing injured workers everywhere.

Here’s a MATH word question, for anybody with a brain, a job, or a work injury related to #WorkComp.

*******************
In California, Work Comp works like this (allegedly):
TTD – 104 weeks (paid by carrier, while providing medical care)
EDD – 52 weeks (paid from employee’s fund, for long term disabilty)
Social Security – Long term disability – can take more than 2 years for approvals after pattern and practice of delays, denials, hearings, denials, delays…. similar to Work Comp practices of the State, just on a Federal Level.
********************

Optional: LTD – usually an employee purchased option, available after 6 months of injury, as a supplement, not ‘crazy money’….payable until age 65 or recovery, whichever is sooner, and apparently part of a pay-back/offset scheme in the event Social Security benefits are approved. Policies vary.

In my case, the long term disability policy contributed $100.00 a month while TTD benefits were being honored. When benefits by insurance carrier were illegally terminated, the LTD policy provided, briefly, $1,800 a month. When TTD resume, LTD wanted their money back. :/ (Need an accountant just to deal with the cash flow, huh? D’oh!)

Social Security indicated that yes, they know I have a traumatic brain injury, but their finder of facts indicate that it is not bad enough to prevent me from selling timeshares. 😮 Does that mean they think …. nevermind…..it’s on appeal. One of their doctors suggested that I might be ‘crossing guard’ even though neuro-optometrists recommend vision therapy so it is safe for ME to cross the streets! Why on Earth they would want someone with vision impairments to help kids cross streets is BEYOND BELIEF, ISN’T IT?

So, here’s the puzzle. IF THE INSURANCE CARRIER DEFIES THE LAW, AND REFUSES TO PAY TTD TO INJURED WORKER, THE STATE SWITCHES PLACES AND PAYS THE INJURED WORKER, USUALLY AT A HIGHER RATE, FOR THE FIRST 52 WEEKS, AND PLACES A LIEN ON THE CASE FILE.

Then, as in my case, the insurance carrier picks up the TTD at a mis-calculated and substantially lower rate of pay, for another 52 weeks, then says, “OH MY. THERE YOU HAVE IT. 104 WEEKS. YOU’RE DONE!” When objected to by injured worker, the carrier response to the omitted 52 additional weeks was, “Oh, I do this all the time. You’ve been paid 104 weeks, and that’s all your entitled to.”

Then, resources recommend that the injured work file for General Relief as a burden to the State’s coffers. Some of you may have seen my February 2014 rants about the generosity of the Salvation Army to keep my lights and heat on in the cold winter, and they directed me to Food Banks and CRISIS CENTER COUNSELING. That was helpful.

Upon injured worker requests, EDD filed a demand for reimbursement from the Insurance Carrier for the $47,922.00 paid by the State in 2012/2013. On 4/24/14, the insurance carrier reimbursed the State of California $31,400.00 for the free loan provided due to the carrier’s willful and malicious refusal to pay TTD, an action supported by WCAB Information and Assistance Officer, and was not heard by a Judge since requested to be heard repeatedly, since December 2012.

The State, in further investigations, found that the carrier had underpaid the injured worker for approximately 416 days, and The State forwarded approximately $23,000 in May 2014 to cover that mess up, and resumed twice monthly payments of $1928 until last week. Upon further investigation by Injured Worker, even the State indicates that it is a common practice that they have to protect citizens and injured workers when insurance carriers fail to pay, and breach those fiduciary responsiblities.

The severe discount in the payback of the $47,922 loaned to the insurance carrier to only $31,400.00 back to the State…. is a huge profit to the insurance carrier…. and a huge loss of nearly 6 months of benefits the injured worker has paid into and is entitled to.

SO, DOES ANY OF THIS MAKE SENSE TO YOU EITHER?
That Mr. Thomas Motamed of CNA, their CEO, makes $10.7 million a year off the multi-billion dollar insurance rackets in America. Just doesn’t seem right to send a little ol’ Baby Boomer to the Welfare Lines and Homeless Kamps….

Any way you do the math, 104 weeks + 52 weeks = 156 weeks, which is 3 years.
I have been waiting and waiting and waiting for medical treatments for 2 years, 6 months, 22 days….. DO THE MATH, AND WONDER WITH ME, WHERE’S THE MONEY?

I have contacted staff people at #CNA, #GRANCEL, #WYNDHAM and #RELIANCE and I hope for good news and money shortly. KEEP THE FAITH.

WE ARE THE MEDIA NOW. WE DO NOT…FORGET.

IF YOU HAVE EXPERIENCED THE SAME OR SIMILAR PROBLEMS, SEND ME AN EMAIL AT WYNLINDA@GMAIL.COM OR COMMENT ON THE CURRENT BLOGS AT:

ASK ABOUT WORKERS COMP GRAVY TRAINS
https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/…..

This one talks about ways to save Corporations Money and the Lives of Injured workers…. after reading this info on the ‘shell games’ played:

CORPORATE AMERICA AND UNIONS INTERESTED IN REDUCING YOUR WORKERS COMP COSTS BY 20-50% AND SAVING LIVES?
https://askaboutworkerscompgravytrains.com/2014/07/23/corporate-america-and-unions-interested-in-reducing-your-workers-comp-costs-by-20-to-50-and-saving-lives/

….there may be other thought provoking ways to reduce #WorkComp costs….like eliminating Defense Attorney’s and having clear investigations by the Departments of Insurance on violations of fiduciary responsibilities that involve State and Federal Funds.

TOGETHER, WE’LL GET TO THE BOTTOM OF THIS. MAYBE THEY ARE SIMPLE MISTAKES, HUH?

EASILY CORRECTED BY OVERNIGHT DELIVERY! WE’LL SEE. I WILL KEEP YOU POSTED. KEEP ME COVERED WITH LIGHT AND GOOD POSITIVE POWERFUL THOUGHTS…..THESE BOYZ DO NOT LIKELY SING IN THE CHOIR.

#INJURED WORKERS UNITED: SILENT NO MORE

WE ARE THE MEDIA NOW. SO BE IT, AS IF LIVES DEPEND ON IT.

 

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stupid no stupid people beyond this point

Why do Judges and Doctors and Mediators Show Favoritism to the Defense? Could it be—-the Money?

A Friend recently wrote this about the years I have been fighting #WorkCompsters:

“…But their 1st choice is to kick it down the road, and make your life miserable. They’ve already done that. You have quite a trail of deceit etc. to tell at court. The trouble with judges is that they come from the legal profession. I’m back to thinking that they don’t want to go to trial. Even if they get a positive determination ~ you can appeal. And they’d like you to go away….”

CHANGE OF HEARING DATE — AGAIN – CHURN BABY CHURN – ORDER TO COMPEL ENT EVAL FOR TBI!  D’OH PLUS DOCTOR SHOPPING FOR YET ANOTHER NEURO-PSYCH EVAL…. TILL YOU GET ONE TO AGREE WITH O’BRIEN?  LOL…..  He may have been off his meds, ya think?

Clueless
Last year Fred suggested I come up with a proposal for you both. I researched and worked very hard on the calculations that I sent to both of you and the number I came up with was $1.3 million, in an acceptable structured settlement format, full complete release.

If I recall, you laughed and insisted on the same number Kim offered in Nov 2012—the standard cost of life for an injured worker in lieu of medical care ala Romano Trust vs Sedgwick—$100,000.

When Steve Chapman was involved with Dan Elliott to initiate conversations on settlement in early 2014, the number taken from my pre-SCRIPPS calculations was $700k.

What I have learned about my untreated brain injuries, risk of epilepsy, dementia and shortened life span, along with inability to work and devastating cognitive impairments…is not pretty. Your clients have effectively destroyed my life.

If there had been good faith efforts to help me get medical care and these were the results, that would be one sad story that I would have to just deal with. The abuse I have been subjected to that has caused permanent and irreparable harm is another story all together.

mlk he who accepts evil

Make me an offer I can’t refuse.

I would imagine Steve Chapman could use his computers to do some “transparent calculations. I don’t like him and he doesn’t like me…but he may indeed do the right thing. Give him a call.
He won’t waste any more of his time time…He didn’t seem to think mediation would happen either.

I can be a reasonable woman, or not.

Tired of Fighting, but will fight till my last gasps, if necessary.

laughing workcompsters

Thursday, August 13, 2015 11:57 AM

Seeking Neutrality

Linked in Linda July 2015

Thu, Aug 13, 2015 11:33 am

Due to the upcoming hearing, we canceled Dr. Smith’s examination date

We will be rescheduling both appointment dates for a time after the October hearing

Thu, Aug 13, 2015 1:00 pm
RE: Change of hearing date

wyn routines

Thu, Aug 13, 2015 2:02 pm

Churn churn Churn….

…..Your recollection and assessments are incorrect.

This is not the first incident of WCAB favoring Defense. It goes [back] to Kim [in December 2012]…..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.

lisa and bart the whole damn system is wrong

Its amazing what y’all can get away with, isn’t it?

WCAB denied my ADA accommodations request about this 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 complaints 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. [You know, that pesky little issue that’s part of the Labor Code?] Surely some decent political rep may find that at least –odd if not alarming.

flag distress signal
[The selected mediator’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.

[You might be right, though.  I suppose I could have responded to the September 21, 2015 proposed  date the two of you agreed on after you wasted several more weeks since mediation was proposed this year, with a concise, ‘WHAT PART OF “BY OR BEFORE AUGUST 24, 2015  or maybe next year” WAS UNCLEAR?’  

.

Was I unclear also that withdrawal of the Petition for Order to Compel and ENT evaluations for a TBI, along with excessive additional doctor shopping neuro-psych eval petition was necessary, or that the 8/25/15 date would stand for due process and my right to get in front of a Judge, and that mediation to participate in further 3D practices and file churning by Defense—is not my idea of NEUTRAL MEDIATION?  

WC Judges are Human

Lookie here what happens….  Defense Wins Again…at the expense of another Injured Worker. (It’s no wonder there’s just a small community of mediators, huh?  Just an arm of the Defense and WCAB?  Thanks Mediator and Judge Hill! )

.

Silly me, brain injury can make communication real tough, huh?  I did suggest that advance estimated PD or payment of lodging to facilitate continued participation at Coastline Acquired Brain Injury Program in Newport Beach, which commences August 24, 2015, be mediated, to no avail.]

face palm kid

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 [  ] and the other one [the mediator] 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 to 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.

Later,
Linda Ayres, In Pro Per

FYI– SOS sent out on LinkedIn yesterday — For What It’s Worth!

“…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…”     Please refer to Labor Code and Constitution of the United States of America…

CAN YOU RECOMMEND A BRAIN INJURY DOC WILLING TO DEAL WITH WORKCOMPSTERS

WorkCompLinda@gmail.com says:  FIND THE GOOD PEEPS IN WORKCOMP AND

NOMINATE THEM FOR THE FOR #WorkCompCentral 2015 Comp Laude Awards

http://daviddepaolo.blogspot.com/2014/10/work-comp-and-baseball.html
http://daviddepaolo.blogspot.com/2014/10/work-comp-and-baseball.html

MAKE A DIFFERENCE!  SAVE SOME LIVES!

mlk passively accepting evil is cooperating with itmlk hitler germany

GALA

WCC Ups and Downs 2014

the time is always right MLK

WE ARE THE MEDIA NOW (2)

INJURED WORKERS DEMAND DOCTORS AND LAWYERS TRIALS?!

Few studies discuss the true causes of the absolute failures of the Grand Bargain, known by  injured workers as the Grand Work Comp Fraud.

image

As evidenced at Doctor’s Trials of Nuremberg, when doctors are criminals, there are grave social problems. When the criminal activities of doctors are supported and protected by criminal lawyers, the problems are compounded for all concerned. 

Work comp insurance systems are a mega billion dollar crime syndicate, fleecing, maiming,  torturing injured workers, causing permanent disabilities and premature deaths for injured workers  and reaping extreme profits for the sonderkommando involved.

No, we don’t need more studies. All involved know the truths of the atrocities. But, if more studies are desired, begin to study how cops and firefighters are tortured and abused by the WorkCompsters when injured on the job.

Think harder and include the plight of injured veterans, being denied medically necessary treatments and “incapcitation pay”  while self righteous  and arrogant psychopaths allege the horror stories are exceptions rather than the rules of the work comp killing games. 

When doctors and lawyers and judges and their ilk breach oaths of office…  take heart in knowing there are others who take their Oath seriously,

image

…and will responsibly honor Oath before orders.

Start the 21st Century Doctors and Lawyers Trials in America and Canada and UK.  Hold the multinational crime syndicate’s participants accountable for the extermination practices of Workers Compensation Grand Fraud. . . Prepare the gallows.

“WE ARE THE MEDIA NOW”

image

ASK ABOUT WORKERS COMP GRAVY TRAINS NOW.

“Follow the money.  Always follow the money. “

Insurance Industry Trolls or WorkComp Opiate War Casualties?

Tinkerbell and opinions and insults

Oh goodness! That alleged ‪#‎WorkComp‬ “long time activists” gang says they are banning me and removing me from their email distributions lists forever, but gosh golly, they keep sending me emails saying they’re really gonnna do it now, and I better look out! D’oh.!!!!!!!!!!!!!!!!!!!!!!!!!!!

DO NOT WALK QUIETLY IN THIS OPEN AIR AUSCHWITZ….. AND ASK ABOUT THE WORKERS COMP GRAVY TRAINS…..and where those box cars stop at the end of the line. https://askaboutworkerscompgravytrains.com/

Sadly, they either have Langley 401(k) accounts, have just blown a promotion for a failed attack on an injured worker, or are simply casualties of the #WorkComp Opiate Wars on Injured Workers. They couldn’t be working for CNA, could they? Naaaaaah….the timing and stupidity makes it plausible, but deniable.

Their “leaders” do seem to have long time insurance industry connections. Hmmmm. The attacks are text book out of The Rules of Disinformation and The 8 Traits of Disinformationists.

bill casey quote

SHUN THEM.

In any event, their mean spirited and non-sensical blastings are….insignificant in the greater scheme of things.

Remember Remember the 6th of December….

See you There!

I also submitted a few nominations; it was brain-racking to think of those who help vs. those who harm…

https://ww3.workcompcentral.com/events/awards

We MUST find those who are making a positive difference in the lives of maimed and injured workers, and we MUST strengthen their hands.  

Karma will deal with the others, with a little help from our Friends.

Nominations for Comp Laude Categories

WorkCompCentral Comp Loud Awards

Here’s a work comp legal link that could put you to sleep:

LABOR CODE SECTION 4600-4614.1 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=04001-05000&file=4600-4614.1

tinkerbell and brains

HAVE A NICE DAY AND …. KEEP FIRING!

WE ARE THE MEDIA NOW

 

 

Where O Where are the Brave and Smart WorkComp Injured Worker Attorneys?

“If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests.  They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again.  Once was more than enough….”  – September 2014

A FEHA/Employment Law and Civil Rights Law Firm, and a Class Action Law firm are also desired.  Wassup America?

“Intent” is important in WorkComp.  “Intent to Kill” is a matter for the Department of Justice, imho.

WC  WorkComp Kills

The info you provide is helpful, but here’s the bottom line data I’d like to see if I can help you, informally or by representation:

(1)     Who are your work comp doctors?

(a)     Who is your PTP?

(b)    Who are your secondary treating doctors (i.e, in other specialties)?

(c)     Do you have any AMEs or QMEs, and if so, who are they?

(2)     Have any of the above doctors found you to be MMI yet?  As of what date?

(3)     If you are MMI per any doctor, what’s your WPI and the apportionment analysis?

(4)     Any trials or findings by a work comp judge yet?  If so, who and at which WCAB office?

(5)     What treatment is authorized?  Any IMR determinations yet or in the works?

(6)     Are you getting SSDI, or have you applied for it?  If so, do you have an MSA?  What’s the amount?

If you email me answers to these questions….

Life with TBI is so

(1)     Who are your work comp doctors?

I have a list of approximately 35 doctors, by specialty, diagnosis, recommended treatments (not provided) and ICD -9  codes, referred by whom and whether on alleged MPN, authorized exception or self-procured..  I have to look for it and it will follow when I get home (Thursday nite)

(a)     Who is your PTP?

Current:  Dr. Darren Bergey, Orthopedic Surgeon, since 2/14/2013.  Knows nothing about brains, and all efforts to get me to experts failed, organized by  attorney #3.

Prior PTP, Dr. Marcel Ponton, QME, Clinical Psychologist (not sure if he is a neuro-psych); Organized by attorney #2, located in Pasadena, 3 hours from my home.  I met with him twice…once in April 2012, once in October 2012.  He did not perform the neuro-psych tests, his colleague, Dr. Gunn, did.  His other colleague, Dr. Chung provided approximately 4 clinical psychology sesssions, focussed primary on stress and pretending there are no cognitive impairments.  Dr. Ponton requested neuro-feedback, neurology, neuro-optometry…. to no avail.  In October 2012, after threating letter from Defense, he said I could return to work with accommodations as clerk.  No medical treatment with him, but somehow after defense threat, I magically got well.  Several of his reports have been repeatedly omitted by defense in order to continue to deny medical.  Some of his reports read like I got the requested evaluations and treatment, but I didn’t and he only requested; complete failure to obtain medical care.  (April 2012 – December 2012; authorized exception to alleged MPN, by Court Order, June 2012.)

After dismissing attorney #2 and requesting hearing for right to medical care and treatment by a specialist, I & A officer and then-defense counsel told me to come prepared with 3 doctors names, which I did, but they were not on the alleged MPN List (I was never properly noticed, that’s another can of worms).  So, the two women made me chose another Orthopedic Surgeon who would then “coordinate specialty doctors”.  I chose Dr. Jacob Rabinovich, Orthopedic Surgeon and had an eval and he wrote a report.  As there was an increasing demand for a QME/AME, I retained counsel #3, and they didn’t like Rabinovich, so they sent me to Dr. Bergey, who is stil the PTP, but wants out as they have been threatened by defense to stop requesting brain injury treatment or they would lose their MPN status.   On my right shoulder rotator cuff injury, clearly evidenced as a impacted body part by several reporting doctors, discovered by Dr. Bergey after physical therapy authorized Spring 2013, authorized MRI of shoulder, recommended shoulder surgery (no thanks, I’m familliar with Romano Trust vs Segdwick)….defense then told Dr. Bergey stop reporting it as “industrial injury” so mid-summer 2013 he changed it to “non-industrial”…. a Crowe-Paradis report obtained by defense in Nov 2012 with intent to coerce premature settlement also included the right shoulder….so it’s just silly that once the severity is discovered they want to say “oops, not related”… D’oh.

Attorney #1’s “office manager” was the case manager and was the first to send me to an Orthopedic Surgeon.  I told her I needed a brain doctor, she said Work Comp required I start with an Orthopedic Surgeon.  His name is Dr. Sunny Gurvindo (?) UPPAL.  The office manager also said, “there’s no psych component to a work comp injury”… I said, “It’s not a psych component, it’s my BRAIN.”….

The first doctor I saw, on the date of injury, was local chiropractor, Dr. Jamie Whitlock.  I thought I just needed an adjustment.  He said I had a concussion.  By Wednesday of that awful week, I was getting all sorts of confusing info and directions from employer, so I called EAP for help for confusion.  They sent me to a clinical psychologist, Dr. David DeGoede, who administered several tests, referred me to a local neurologist, and told me to get anMRI by any means necessary.  (I knew nothing of any MPN, was just following directions of EAP.)  Dr. DeGoede became my first PTP.

SUMMARY OF PTPs:

  1. Dr. Daniel DeGoede, Clinical Psychologist, referred by Wyndham EAP program, paid for by CIGNA (Jan-Apr 2012)
  2. Dr. Marcel Ponton, Psychologist, referred by attorney #2; also a QME dude. (Apr – Dec 2012)
  3. Dr. Jacob Rabinovich, Orthopedic Surgeon, one time evaluations; replaced by attorney #3’s doctor: (1 visit)
  4. Dr. Darren Bergey, Orthopedic Surgeon….. (Feb 2013 to present; wants out)

(b)    Who are your secondary treating doctors (i.e, in other specialties)?

  1.  PAST:  Bijan Zardouz, insurance company doctor- neurologist, no expertise in TBI, no brain knowledge, designated as 2nd TP by attorney #3,  Zardouz thought it was a one time consult and wrote a egregiously incorrect report for top dollar.  Defense had omitted more than 300 pages of medical records; took court order to get the missing records to the doctor and requesting a supplemental report.  He threatened to sue me for “harassment” for properly serving the omitted records; so I had to convince the Judge to get involved.  Rather than just send the omitted records, defense just sent a box of all records again and told them to figure out what they missed. 😕
  2.  CURRENT:  Dr. Hilda Chalgujian, Neuro-Psychologist (authorized exception to MPN)….. Dr. Bergey’s office threw up their hands at the last denied medical care or eval or specialist for brain trauma, and told me, “As you can see, they will not authorize any medical treatment we request.  You will have to find your own brain doctor.”  Through a series of phone calls and emails, I found Dr. Hilda who was willing to help me/treat me. Defense jumped in and asked her to do a comprehensive evaluation (she did a 40 pages report, incuding review of prior doctor evaluations) and Defense agreed in Court to have Dr. Hilda as Secondary Treating Doctor.  She is not a work comp doctor and works primarily with head injuries.  I see her mostly weekly.  Her report was May 2014, progress report over due and expected next week.   Dr. Hilda and her report were extremely instrumental in finally getting me some help at an interdisciplinary treatment center like SCRIPPS.    She is also disappointed the amount of time was cut so short.  I don’t think she thinks I’m employable, but she knows I have to return to work to keep a roof over my head in light of the monsterous behavior I have been subjected to.  On Monday I will ask her again about RTW and accommodations and timing.
  3.  CURRENT, SELF PROCURED, DOESN’T FOOL WITH WORK COMP INSURANCE:

Dr. Michael Lobatz, Neurology-Psychiatry, nationally acclaimed,  Chief of Staff at SCRIPPS, organizes SCRIPPS BRAIN INJURY REHABILITATION CONFERENCE ANNUALLY FOR PAST TEN YEARS for and with scientists, military, doctors and other rehab providers.  I attended, at his invitation, the May 2014 event, and learned a great deal more about TBI, and thanks to Dr. Lobatz, the way was made easier to get into SCRIPPS, and his recommendation was for interdisciplinary treatment for 3 months, 3 x a week.  It was reduced further from Dr. Hilda’s request, by the insurance company, to 4 x a week for 4 weeks, extended by 8 more days.  No current appointment scheduled with Dr. Lobatz, although he has been kept apprised of Day Injury Program results and progress.  He didn’t care if I went to SCRIPPS, Learning Center or that other one in Encino…. just care that I got some help.   [There is a program in Newport Beach, a one year program, for cognitive remediation that I am currently applying for…it’s a 3 step interview process, and it’s inexpensive but I would have to relocate, if accepted. and if either Social Security or LTD kicks in for income, or settlement happens.)

(c)     Do you have any AMEs or QMEs, and if so, who are they?

A big mess created by Attorney #3

AME/ Forensic Psychiatrist – James O’Brien  APRIL 2013 with supplemental reports of Aug 2013 and I think October and October 2013, covering his fraudulent tracks poorly — initial report created on incomplete medical evidence (omission of more than 300 pages of medical records; same as above, Court ordered supplemental report upon delivery of omitted documents by defense.  First report indicated that ‘if the finder of facts found evidence of a slip and fall concussion, of course medical treatment would be in order’ and went on to opine, by changing dates of injury to 2013, and used 2012 records to suggest “prior head injury and cognitive failures” etc….. to a full scale “pissing contest” where I suggested he and defense invoke 5th amendment and they moved to secrecy attempting to conceal the records from me and to continue to use them, asking evauating doctors to review but not summarize because of my ‘fragile emotional state’…. by the time his work of fiction (about $10k in fees) was done…. I never had a slip and fall (which was witnessed, and my manager helped me up from the ground)… he further opined that I just had epilepsy and never even fell….. Felony Fraud, imho.  I have evidence; DA found my complaints of interest, so did DOJ.

QME/ Neurology – Dr. Ronald Kent – December 2013 – again, issue of omitted records of more than 300 pages by defense, followed by supplemental report (without court order).  This doctor spent 35 miinutes with me, his staff regurgitated poorly prior medical evidence, and he said that essentially, women over 35 are not entitled to medical treatment for a brain injury and that since I didn’t get any in the first two years, tooo bad, deal with it.  This guy teaches new doctors at UCLA.  Those med students would be wise to be afraid, very afraid.

QME/Orthopedic – Dr. Jefrey Holmes – PENDING     …. Attorney #4 agreed at an expedited hearing for medical treatment that I had organized….for my right to medical care and to dispute the O’Brien fiction, simply agreed to an Orthopedic eval.  It was arranged, postponed, arranged, cancelled, order to compel invoked, was off calendar so didn’t happen, Defense and IW agreed then to postpone till further notice; today Defense asked if it’s time to reschedule; I asked him to wait till I get the accommodations request and interactive process and PROPOSAL FOR RESOLUTION done, or to just plan it for late September or October, late in the afternoon…. He said to let him know when I’m ready…. I told him we’lll tie it to the Proposal for Resolution.

(2)     Have any of the above doctors found you to be MMI yet?  As of what date?

Nobody has found me MMI yet, although in October 2012 Dr. Ponton suggested I could return to work as a clerk.

(3)     If you are MMI per any doctor, what’s your WPI and the apportionment analysis?   N/A

On further thought, the AME Forensic Psychiatrist and QME Neurologist did write something about WPI and MMI….some ridiculously tiny number.. I can look for it.  In my head, their reports are such works of Fraud, I discount everything in them.   
Their reports are debunked by Dr. Hilda Chalgujian (professionally and nicely)…. and the authorized SCRIPPS time and treatment and recommendations for more treatment clearly debunks their allegations that I have no head injuries or that they are minimal.  
Defense counsel (Kim Mall- Grancell, Corona) attempted to lead them to say that a car crash of 2008 and a prior car crash in 2003 were the cause of problems, even though there was never a previous complaint or treatment for any of the symptoms.   However, Dr. Kent, Neurologist, also moved the date of injury to 2013 in his reports and indicated I sought help for confusion, inability to speak, etc, PRIOR to Industrial Injury, citing 2012 initial evals organized by Dr. David DeGoede (EAP referral) as polite obfuscated evidence and the neuro-psych he sent me to, another authorized exception.  
If settlement is not reached in the foreseeable future, it seems to me the O’Brien, Kent, Zardouz fraud will have to be debunked in trial.  I don’t think any of them would care; they clearly have insurance company ‘protection’ ……..  At one point, O’Brien asked to be removed from the case and his report withdrawn……… since WC seems like the internet, once it is written, it never goes away………..they attempted alternative tactics…. via character assassination.  His findings contradict findings of all other doctors….. a jury might find it of interest, and defense knows it.
When current PTP, Dr. Bergey, was threatend re MPN status for trying to get me help, his office called me, advised me of same, and moved my scheduled appointment up a week so I could come in for my final appointment.  I think they insinuated that for business purposes they had no choice but to call me P & S, and release me.  You might imagine the content of my written response.  My next progress meeting was with Dr. Bergey directly, rather than PA, and his report was stronger  He seems to frown on being threatened by insurance carriers.   Smart guy who does not seem to be  easily intimidated.  He knew when I arrived at his office on 2/14/13 that I needed a brain doctor and it wasn’t him.  They have tried and failed valiantly trying to get me help.   The acupuncture and chiropractic I got this year was not their doings…it took a Court order.  :/   Yeah, unbelievable.  
If you decide to consider my case further, I have all the medical records and I am expecting SCRIPPS discharge report early next week…. I can email you anything I can find.
I don’t want to fool with this for years and years and  years like some of my FB buddies……….they count on that, don’t they?   Count me out….I’ll fight from the side, we do not…forget.

(4)     Any trials or findings by a work comp judge yet?  If so, who and at which WCAB office?

Judge Victor Jimenez has been the primary judge I have dealt with. I have had other Judges assigned to the case, but it always gets back to Jimenez.   Presiding Judge Sanford-Wachtel gave me his card and encouraged me to contact him if there are issues, after the first failure to provide requested ADA accommodations.   The Information & Assistance Officer, Valerie James, has been instrumental in ensuring failure to get medical care and has denied ADA accommodations and even confiscated my cell phone at one hearing; I filed an ADA complaint with DOJ.  EEOC called me and said the issues involved were more than two years ago, too bad

.

(5)     What treatment is authorized?  Any IMR determinations yet or in the works?  

Year one,2012:  they authorized, as mentioned on my blog, a little chiropractic and a couple clinical psychology sessions.

Year two, 2013 physical therapy and…. a couple MRI’s….

Year three….2014… by court order, a couple chiropractic and some acupuncture (helps a lot with brain and right shoulder…..the first set EXCLUDED BRAIN and authorized right limbs only ….knuckleheads….

[Scripps Brain Injury Day Treatment Center is generally a 154 day program; 16 days were authorized in August 2014 on appeals, and then 8 more days on more appeals….hardly a start to cognitive rehabilitation.  The cost was $50K + lodging.

My doctors had requested 3-6 months treatment…. 24 days is not reasonable and the interactive FEHA process for return to work was to begin during that course, but Wyndham refused to participate despite repeated requests that had already been paid for …. just wasted.]

More than $27,000 has been spent, properly submitted for reimbursements for medical miles and expenses for medically necessary treatments and evaluations such as MRI, Vision therapy, prism therapeutic lenses, chiropractic, acupuncture…. I have a summary sheet ……….have requested reimbursements many times, and have filed complaints with Audit Unit.

I have also filed complaints up and down the Coast.  They know my name in Sacramento and i have received some pretty nasty letters from the Assistant Medical Director suggesting I will never get medical treatment, so come to grips with that harsh reality.

Any IMR determinations yet or in the works?    I don’t know what that is, and I don’t know anything about how to close this up.  I think this has to do with PD ratings and things?   This is, I believe, where your expertise to set things up to make this finally right??

(6)     Are you getting SSDI, or have you applied for it?  If so, do you have an MSA?  What’s the amount?

I applied for Social Security Disability was denied a couple times, awaiting hearing now….I’m told it will be December January is…..  I’m told it will be retroactive and the SocSec office  broken the numbers down for me last year (I think it was last year) and said it would be retroactive from 6 months after injury and would put (last year) about $50K in my pocket, and about…. $1800/month.   A group called, “The Advocator”, somehow affiliated with my LTD carrier, is pushing the paper there.  On my task list is to get them medical records since last we talked.  Social security basically said they know I have a brain injury but it’s not bad enough to keep me from being a sales executive.  I think they mean no brains are required, or cognitive abilities.  Tsk.

Do you do Social Security??  Allegedly the Advocator will provide me with an attorney at the hearing, which causes me fear……I’m also told I can terminate contract with them and retain and attorney without liens.  My LTD income is a mess due to the financial chicanery of CNA/EDD and the ‘now we pay, now we don’t, now we do, change the amount’…. so I owe Matrix some paperwork to confirm when my benefits stopped so they can sort out if I owe them or they owe me.  That sort of paperwork boggles my brain….. I can type like there’s no tomorrow, but retrieval and recollection and visual scanning to edit are severe challenges.  I have a list somewhere of the various challenges and impairments, cuz I can never remember them all…… Muddling through life as best I can seems to be my “new normal”

SOCIAL SECURITY  FOLLOW THE MONEY TRAIL

I have long term disability insurance with Matrix/Reliance.   I have a neurology/psychiatry evaluation with one of their doctors on October 27…. a Dr. Jay Jurkowitz in…. I think Riverside or San Bernardino.

My next PTP Orthopedic Surgeon for my Brain Injury 45 day appointment is October 17 at 1 pm in Indio.

My next neuropsych appointment is next Monday.

David DePaolo is familiar with my….challenges, and I have explored possibilities of representation with multiple attorneys in CA… some bothered to consider and others abruptly put it in the “too hard” pile……  See WORK COMP AND BASEBALL OCT 2 2014…. IT MENTIONS MY SITUATION, AND THE SITUATIONS OF OTHER INJURED WORKERS:

http://daviddepaolo.blogspot.com/2014/10/work-comp-and-baseball.html

WORK COMP AND BASEBALL... BATTER UP!
WORK COMP AND BASEBALL… BATTER UP!

It is my hope to eventually (maybe now?) retain someone who can wrap it up, and to also ensure that the 4 attorneys who harmed me get little to nothing out of the “15% pot”…. and who ideally will, with encouragement, withdraw their liens.

If any of this may be of interest, and if you agree that submission of a “PROPOSAL FOR RESOLUTION” may be in order before I attempt for force my way back into a job I doubt I can do anymore, I willl find and send the spreadsheet of doctors and their specialities….

I live in Yucca Valley, near Joshua Tree National Park.  The WC case is in Riverside.   While I understand there has to be cause to move a case, I would be they would be glad to be rid  of me and let you move it to LA to get me gone.  They know that I know whose side they are  on.

If you are interested, and if you could be like the “general contractor” and organize with Nick and any other team players, I am sure that adequate funds could be created to make it financially attractive enough to deal with the mess.  I just want out…………  I would like $1.3 million and I would like to see these crooks tried, locked up and executed, in accordance with the laws.  I’m realistic enough to realize….. those who have the cash kills as they can, without consequences.  Fighting back one case at a time is an honorable fight, till last gasps.

If we jointly decide to work together, you might want to know a bit more about me…. I can take my hands off my WorkComp blog for a while, or I can amp it up…… I am open to suggestions and I get it that if I retain counsel, my right to speak out is limited, temporarily.

I also blog about Fukushima, an in progress extinction level event.  ASK ABOUT FUKUSHIMA NOW  http://askaboutfukushimanow.com/   LUCY OCCUPY SAYS  http://lucyoccupy.com/

I think it could be an “easy enough” deal with the work I have accomplished this past year…..getting to SCRIPPS, letting them know my number was $700K before SCRIPPS and that it’s $1.3 million now, based on what I have learned of long term medical needs and consequences of untreated brain injury and untreated rotator cuff tears.

Do you know [xxxx] the structure settlement guy?  I have been in touch with him several times.  We connected after the CAAA Winter Conference.  He thinks I’m a little hot headed…..  he may not like me, but he has observed me getting a few things done in spite of the odds.

I hear tales that you work around the clock…..  I learned at SCRIPPS about brain fatigue and reserves….   breaks are good for rebooting.

I will head home tomorrow…. coffee with some fellow activists in the  morning, so…. onward.

If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests.  They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again.  Once was more than enough.

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I also lost my “professional credentials”… my Hawaii real estate license, my California real estate borkers license, and my California Notary license, due to cognitive inability to take the continuing ed after paying nearly $1000 for special theraputic glasses and vision therapy, I was able to knock out the CA continuing ed for the broker’s license….that did expire.  I have to send them $450 to renew during the grace period; it’s a return to work license required, but I don’t have the $450 to spare with no income from these clowns.

I did have to file for early retirement (DOB 4/8/52)…. so I have pocket money and a will to survive.

linda-ayres_profile_qr

Thanks kindly for you consideration  Awaiting word from you.  I really want out  I intend to continue the good fight from the other side….. JAIL BREAK TIME……. HELP ME OUT OF HERE…………….These psychopaths are armed and extremely dangerous.  Yeah, I know.

GOVERNMENT BAD GUYS AND JAIL

Sincerely,

Linda and Friends

flag distress signal

Nope, #WorkComp is NOT an Employee Benefit

Linda Ayres

Linda Ayres

Wyndham Worldwide

WorkComp is NOT an Employee Benefit

OPEN LETTER TO WYNDHAM WORLDWIDE AND GRANCELL, STANDER, REUBENS, THOMAS AND KINSEY, AND CNA…aka AMERICAN CASUALTY

I was injured on the job at WorldMark by Wyndham on January 9, 2012. I have been awaiting medically necessary treatment for traumatic brain injury, #TBI, since that time, and it is nearly 3 years later.

Without going in to all the details of the horrors I have endured, I want to publicly ask the leadership of Wyndham, Grancell and CNA to help me get medically necessary treatment and settle this monstrous activity that charades as Workers Compensation.

It is only the attorneys and insurance people and evaluating providers participating in compensation, while my life is being destroyed by failure to treat, and interference when I try to get help on my on. The financial terrorism is another aspect, and the Courts will hear that matter the end of the month, including but not limited to the $20,000 bonus CNA received from the State of California for refusing to pay TTD in 2012/2013.

The failure to treat has been unconscionable, compounded by extreme abuse and terrorism. I have asked for an introduction to Mr. Grancell, and I am hereby asking for an introduction to Thomas Motamed of CNA, and I am asking that the appropriate Wyndham peer to these guys step up to the plate and help me.

My blog about these matters is:ASK ABOUT WORKERS COMP GRAVY TRAINS. https://askaboutworkerscompgravytrains.com/

I have been accepted into the Coastline Cognitive Rehabilitation Program that starts next week. Ask a lawyer about that program, and how it can help injured workers AND mitigate losses caused by questionable conduct.

I would appreciate the funds to get there, and lodging while I am there. I do believe Newport Beach has ordinances against homelessness; a safe, clean Wyndham property will suffice, such as Avenue of the Arts. The program is 1-2 years. Accommodations are required until settlement.

LET’S MAKE SOME CHANGES IN WORK COMP IN AMERICA, AND LET’S LET THESE 3 COMPANIES LEAD THE WAY, OR BE HELD ACCOUNTABLE IN TRIAL IN THE HIGHEST COURTS OF THE LAND. YOU CHOOSE.

I have extended another request for Chris Asvar, Esq. to handle my case. I will be contacting Neil Pedersen, Esq. as well. We’ll see if they can jump in now. I’m sure you know who they are.

Thank you for your consideration.

Linda Ayres, In Pro Per

wynLINDA@gmail.com

760 368 5243

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