COMPEL THIS! WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy

Linked In photo July 2015  LINDA

NOW, 2015

Honorable Judge Robert B. Hill

Workers’ Compensation Administrative Law Judge


3737 N. Main Street, 3rd floor

Riverside, CA 92501


Dear Judge Hill:

I pray the Court will finally intervene on my behalf, and on behalf of all American Injured Workers subjected to such abuses by the insurance industries and their goon squads.

Senator Fuller suggested that I take my concerns to the DIR, and the FBI suggested I take my concerns to the DOI.  Been there, done that.  There will be a special blog soon on how and which State Officials and Agencies and Legal Communities also fail injured American Workers, in this case and in others.

As I am preparing for your Court and re-filing all the medical/legal papers in my possession, in reviewing the Medical  Index in use by the Defense, I noticed yet another omitted report dated February 6, 2015 from Dr. Hilda Chalgujian regarding these very subjects.  It is a 2 page summary after a series of “discouraging” CorVel communications.   DR HILDA CHALGUJIAN 2 6 2015 FAX_20150217_1424143081_1 (1)

I ask that you include this in your reconsideration of your order to compel me to see an Ear Nose and Throat doctor as well as yet another set of neuro-psych tests for a very well documented brain injury of 1/9/12, treated by defense primarily with a few chiropractic sessions, a few clinical psychologists in 2012, 2013 had some physical therapy, 2014 finally saw to some speech therapy, occupational therapy and more physical therapy and sessions with neuro-psychologist and a few acupuncture sessions.  That’s hardly compliance with ACOEM, MTUS or even common sense.

Dr. Chalgujian’s initial report is approximately 40 pages, which includes her testing results and her comprehensive review of all medical records up to April 2014, when she agreed to begin to treat me.  Defense had no neuro-psychologists and I had to make many calls to find a local brain injury expert, and Dr. Chalgujian’s name was constantly recommended.  As a result, she agreed to treat me, then defense wanted her to do another evaluation, which she agreed to and provided.

Please note that the difference between Dr. Chalgujian’s reports and those of QME/AME doctors — Dr. Chalgujian does the testing herself, and writes the reports herself, and reviews all the medical records herself.  I know of no doctor in the WorkComp system that does so — in fact, a few have admitted that their “well trained” (non-medical staff) write the expensive reports that that doctors just sign.  I suspect most don’t even even review them, or if they do, I would have to further suspect how they made it through medical school.

I don’t know if Dr. Chalgujian has been paid for her reports or all therapy visits; I know that Defense has refused to reimburse me for even those medical miles (90 miles, round trip; weekly for a while; gas at approximately $4.00/gallon.  I hope to meet with Dr. Hilda to discuss resuming treatment with her, either via my alleged Workers Compensation Insurance coverage, or via my Medicare policy, awarded through recent total disability designation by the Social Security Administration.

If CNA continues to refuse to provide estimated Permanent Disability funds (they have breached the Law repeatedly on refusals to pay TTD as well, so there is no reason for me to expect right action or legal compliance at this stage either) , with penalties, and if WCAB allows them to continue all these atrocities, then I will be unable to continue at the Coastline Acquired Brain Injury program in Newport Beach — the lodging, travel and meals out are too expensive and I don’t know how I am to survive on the SSA award income.

Without completing the Coastline program, and dealing with the vision and auditory processing issues,  speech and vestibular issues and other yet unknown issues (EEG scheduled for next month, self-procured, because CNA doesn’t apparently think they are valid for brain injury diagnosis, nor have they provided MRI’s)  I don’t know how I will ever be ready for a trial return to work.

If I am unable to return to Coastline 8/24/15, my entire support system will break down, leaving me somewhat defenseless and could cause a loss of all the progress I have made in learning compensatory strategies.

Neuro-vision evaluations and vision therapy, acupuncture, Brain MRI’s (2012, 2014) as well as scientifically based functional neurology treatments have been self-procured since carrier’s callous disregard for law and life is indisputable; in October 2014, a State run program, the Coastline Acquired Brain Injury Program at Coastline Community College, best in the nation for people with disabilities and more, has also been self-procured.

How is this and EXCLUSIVE REMEDY when doctors are simply paid to write reports with recommendations for treatments that are ignored, then the select few doctors write clearly false reports at the beckoning of the defense, and the defense churns the file for billable hours, shifting cost burdens to injured workers, State & Federal Tax payers?

With the thousands and thousands and thousands of dollars the defense has paid for reports – false and otherwise – a fraction of those monies spent on medically necessary care might have helped me heal, and perhaps returned to work at any point along the way.  I have SPENT more than $43,000 to-date to survive these atrocities.

How many thousands of dollars has the defense laundered through how many unclean hands to cause such harm to me, and Injured Workers like me?  “Follow the money.  Always follow the money.”



COMPEL THIS!  WorkComp Defense to provide medically necessary treatments as part of Exclusive Remedy

Is it time for more serious discussion about THE DEMOLITION OF WORKERS’ COMP?   ProPublica peeps have just discussed the tip of the iceberg….Write on Michael Grabell and Howard Berkes!  Keep involving the industry experts…..shatter their delusions.

cognitive dissonance

Let’s do something good for America, your Honor.

Hold these insurance companies and their defense firms accountable for their actions, and do what you can for some house cleaning at 3737 North Main Street.

Thank you for your consideration and an expedited hearing.  Mediation might be a good idea to save the Court some bother, wouldn’t you agree?  It would be great if a representative from the Corporate Fraud Unit of the Office of the District Attorney could be invited to observe and review.


Linda Ayres, In Pro Per

Wyndham Worldwide Shareholder, Injured Worker

#WorkComp & #BrainInjury Survivor

PO Box 835

Yucca Valley CA 92286


760 368 7236

Attachment:   DR HILDA CHALGUJIAN 2 6 2015 FAX_20150217_1424143081_1 (1)


PS   Ask About Your Radiation This Week – Dodge the Rads! It’s Dangerous Out There….

#WorkComp #Workcompsters and #WhiteRoses

“…If you don’t make any noise, the bogeyman won’t find you…”

“Somebody, after all, had to make a start. What we wrote and said is also believed by many others. They just don’t dare express themselves as we did.” …Sophie Scholl

Sophie tells the court that “where we stand today, you [ ] will stand soon.”


‘Those who cannot remember the past are condemned to repeat it.’

Does #WorkComp Need More Game Changers?

Date of Traumatic Brain Injury, an observed slip and fall backwards, in which manager helped injured worker off the ground after a prolonged period on the ground, unable to get up alone, dazed and confused:  January 9, 2012 —-  and somehow Defense firm alleges the TBI did not happen at work?  D’oh!

wc workers-comp-fraud  if your company lies

Wyndham Worldwide has graciously provided unpaid “leave of absence” with sporadic disability benefits and some chiropractic and clinical psychologist sessions in 2012, and physical therapy in 2013, then some speech therapy, occupational therapy and more physical therapy in year in 2014, with a few acupuncture treatments and EVALUATIONS BY APPROXIMATELY 40 DOCTORS since date of injury  (huh??)

Hotel discount vouchers have been graciously provided by Wyndham Worldwide Human Resources so that self discovered and self-procured brain injury program could be attended since October 2014, but no help to get medical care or proper primary treating doctors for clearly diagnosed brain injury.  One workcomp QME neurologist said that ‘women over the age of 35 are not entitled to medical care for traumatic brain injury.’  Will someone else please notify the ADA and EEOC and ACLU and NLG?  Thanks.  That ABA doesn’t seem to care, nor does CAAA.

work comp guidelines

Did ALL those doctors all fail to properly fill out the recommendations for medical care? How about the crew of doctors who just changed the date of injury to 2013, then used 2012 reports to falsely allege ‘pre-existing’ brain injury?  D’oh!

No worries, fraud is apparently not prosecuted in WorkComp cases, even if it violates Article 14 of the State of California Constitution  and even when it violates the 5th and 14th Amendments of the Constitution of the United States of America. Whaaaaat?  Yeah, the #Workcompsters seem to have some sort of exemption from prosecution.  Could somebody ask the ACLU and NLG to look into that further?  Thanks!

While leave has been extended repeatedly, there has been no effort by the employer to intervene or audit failures of the work comp carrier to provide medically necessary treatments since date of injury.  “Proper Notice of MPN” is apparently telling an injured worker “see any doctor that takes work comp insurance” and providing injured worker with an incomplete DCW-1 form to give to the doctor (without any insurance company information on it.)  My my my.  Wyndham Wyndham Wyndham!

Efforts requesting mediation were met with further hostilities and insults, including calls to injured worker asking, “…when ARE you going to die?” and bullying recommendation that injured worker consider a Court Appointed Conservator to finalize maneuvers through the obfuscation of the #WorkComp Legal Chicanery. Complaints have been made to multiple law enforcement agencies.

Since injured worker’s primary workcomp treating doctor, for a brain injury, has been primarily an Orthopedic Surgeon, who apparently got tired of the threats of exclusion from a highly profitable referral network by insurance carrier for attempting since February 2013 to get specialized brain injury further evaluations and treatment is now off the case,  since December 2014.  The secondary doctor, a neuro-psych found by injured worker in April 2014, self-procured and then authorized as an exception, has been off the case since April 2015.  What’s an injured worker to do without a primary treating doctor and without competent legal counsel?  Yikes!

No doctors have yet been willing to take liability to release injured worker to date without medical care back to work, and now the Catch 22 seems to be to find a doctor willing to re-evaluate, review all records, and determine the improvements made at the self-procured COASTLINE ACQUIRED BRAIN INJURY PROGRAM, since October 2014, with the continuation and completion of program anticipated through December 2015, and if and when return to work with or without accommodations may happen.  

Social Security Disability has recently determined that the injured worker is chronically and permanently disabled.  Injured Worker does not want to be “disabled” and is working very hard to learn compensatory strategies for cognitive losses and impairments.

Webinar Ninja  Draft one  SURVIVING WORK COMP

Does #WorkComp Need More Game Changers?

See entire article here:

Embrace the New You?  How to Update Resume  Post Traumatic Brain Injury?
Linda Ayres

… Worldwide

Embrace the New You? How to Update Resume Post Traumatic Brain Injury?

See entire article here:

Pre-TBI Photo above, 2010. High desert. Roadrunners and Bunnies, too.  WorkComp War on Workers takes a huge toll on anybody.  Have walked on fire, bent rebar at throat chakra, climbed to the top of telephone polls and zip lined from very high places.  Expletives are now common place; not sure if they are due to the brain injury or the insults to injury by WorkCompsters, Crooks and Employer.

Summary of Qualifications used to read:

  • Exceptional administrative and operational skills; ability to compose executive correspondence
  • Self-motivated with outstanding organizational, communication and management skills
  • Ability to identify problems/needs and formulate plans and implement effective solutions
  • Works effectively under pressures and stress to meet deadlines
  • Fluent in many computer programs
  • Sees the “big picture” while attending to details to complete projects
  • Provides substantial business support at all levels; ability to “fill in” when/as required
  • Persuasive, creative and flexible to changing priorities
  • Motivated to work efficiently without direct supervision in busy environment, handling many tasks and situations simultaneously
  • California Notary Public *
  • Hawaii Real Estate Sales person
  • California Real Estate Broker

Read the rest…. See entire article here:


“I, ___________, do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” SO HELP ME GOD!

constitution  too long didnt read



‘Look out #WorkCompsters!’


Blog 2015 Stats - #InjuredWorkersUniting GLOBALLY; #SilentNoMore
Blog 2015 Stats – #InjuredWorkersUniting GLOBALLY; #SilentNoMore



PS:  SOPHIE SCHOLL QUOTES to encourage Injured Workers

#InjuredWorkersUniting  #SilentNoMore



ants and power
WHAT IF you realized how powerful you are?


Fireworks in #WorkComp Yet?

Can you imagine the impact if every #TBI SURVIVOR and every  #INJUREDWORKER keeps and posts a blog of the consequent events…….  Good bad and ugly… from date of injury till settlement and return to work or return to duty?

flag distress signal

For our purposes, Injured Military Personnel are embraced in the #InjuredWorker category; they are denied medical care and incapacitation pay as readily as civilian workers are denied medical care and disability benefits.  We’re all in this together.  In the Brain Injury populations, Military People may have to lead the way out.  Civilians, on the whole, do not understand The Art Of War, Sun Tzu style.


Can you imagine more Injured Workers and groups all over LinkedIn?  If you have videos to share, take them here, and we’ll take it from there; thanks:

Videos and Blogs of Advocates also welcome.

Here is information and links to and about of some of the leading “Industry Blogs”…. follow them….comment on them….share the good stuff; expose the rest.

More in the Works for Fireworks!

There seems to be an escalating industry effort to silence injured workers and other disabled people by somehow using social media information as a weapon to deny disability benefits via acts of legal chicanery.

One might think that the ACLU, upon investigation, might find 1st amendment violations in such “SS” type practices, and attempts at solitary confinement, further violating the 14th amendment of the U.S. Constitution?!?

The war on workers and disabled populations is certainly escalating, and yes, we have been warned.

Nürnberg was not enough.  More trials for more perpetrators are required now, wouldn’t you agree?  Let’s wish the Attorney General good luck and good agents, who believe in and act on “oath before orders.”

Blogs & Vlogs….with International Injured Worker Groups and Channels! And #TBI SURVIVOR CHANNELS!  Imagine!  THINK LOCALLY * ACT GLOBALLY * OCCUPY VIRTUALLY

I haven’t heard anything back from the journalists at ProPublica and NPR….yet.

Maybe they can also write a series on the worker’s challenges in finding legal representation?  Or omission of medical records with intent to deny medical care? Or how about investigations of doctors involved in dubious IMRs…independent medical reviews… and the cozy AME/QME crowds?

Stories on the fees paid to doctors who write clearly on behalf of the insurance industry could be a whopper!  Allegations of extortion for failure to comply could be interesting?

Any stories that follow the money would have to be of significant interest to all sides?  There is a swath of stories there, for sure.

! I’m hoping the WORKCOMP DEMOLITION teams will keep digging and digging deeper… and reporting…..and maybe they can be invited to the 2015 CompLaudeAwards ??? 😀

ATTACHED is a fun recap of 2014 results for my blog, ask about workers comp gravy trains now.

2015 year to date views are almost as many as all of 2014. I was pretty quiet in 2013, until I realized there was no oops in denied medical care… It’s just part of the corruption drills, so it seems.

Anyway… Let’s encourage our friends and peers to follow the EXPERT blogs and create #CommitteesOfBloggers of other experts AND injured workers  to blog on and blog on…..after all….  WE ARE THE MEDIA NOW

#InjuredWorkersUniting #SilentNoMore #WriteOn #WORKCOMPCHAT




find the others light up the grid ask about fukushima now  WE ARE THE MEDIA NOW


Are Lawyers the Nouveau Sonderkommando for WorkCompsters?

#WorkCompsters Dispute Location of Body Part known as BRAIN? D’oh
Want a peak into the world of a ‪#WorkComp #‎Brain‬ Injury Survivor?


Thanks ‪#‎Wyndham‬, ‪#‎Grancell‬, and ‪#‎CNA‬, and all the #WCAB peeps and ‪#‎CAAA‬ lawyers who couldn’t/wouldn’t help me! @ProPublica

tbi and ice

[New TBI Survivor asks if anyone ever has challenges getting groceries home after shopping diligently…]

Linda: Wait till you start using lists, and really focus on tasks at hand…then get everything on the list and leave a bag or two of paid groceries in the cart and wonder for hours where the stuff is that was checked off on the list…. unsure emoticon

Or when you splurge on some great hair products and can’t find them to save your life…. for months, then find them in a cupboard where they don’t belong… gasp emoticon …. Welcome to the World of Traumatic Brain Injury Survivors….!

Have you seen a Speech Therapist yet? Occupational Therapist?

They helped me see that I can easily do tasks with TWO – STEPS. That third step can really kick butt…. like making coffee: 1) put coffee in maker 2) turn pot on 3) wonder why coffee is spilling all over the counter; find pot in dishwasher; try again; 1) put fresh dry coffee in maker; put pot in maker 3) wonder why coffee isn’t done yet….. unsure emoticon

Life with TBI is so

[ Another new TBI Survivor asks if anybody else sleeps all the time ]

LINDA: I slept most of the first year. COGNITIVE FATIGUE is a real butt kicker. Sometimes after a long drive to a doctor’s evaluation, I had to find a safe shopping center to park and rest. Sometimes I still have to find a safe place to nap while travelling here and there. I carry a blankie. unsure emoticon

One idiot neurologist actually wanted me to drive 100 miles each way to his office WITHOUT SLEEP and only HIS office with HIS technician for a ‘sleep deprived EEG’ that second month.

Wow, I told the lawyer I was injured not stupid, and requested a smarter neurologist. The response? Termination of benefits, and begin of the ‘kicking to the curb.’ ‘Curb kicking’ went into full motion, with other bullying and terrorism practices by ‘the Defense’ upon clear diagnosis of brain injury, and hasn’t stopped yet; ongoing since January 9, 2012. Yeah, in America! Ain’t that awful.

WorkCompsters apparently only treat brain injury in California with the ‘rest and wait and wait and wait and wait till you’re kicked to the curb, they hope you die’ program.

Wyndham has paid the big premiums for that sort of WorkComp Insurance Policy for it’s injured workers from CNA aka America’s Casualty insurance firm. It’s pretty similar in other states and nations. Same crowd of #WorkCompsters?

tbi you aint gullible

My friend and teacher, Michelle Wild, just recently released an Apple app for the brain injured population. It is called Manage My Fatigue.  YOU could write a great article about Michelle Wild and her 25 plus years of work helping people with brain injuries develop compensatory strategies… She also has a website called making cognitive connections… I think the address is There is a wealth of information there… Worth checking out.


My date of injury was January 9th 2012… Living without much working memory… is another butt kicker… as is the rule about ’embrace the new you’… Easier said than done. ☆♡◇☆♡◇☆ #InjuredWorkersUniting #SilentNoMore



Are Lawyers the Nouveau Sonderkommando for WorkCompsters? Sure seems like it, huh? Here’s a peak into the world of a #WorkComp #BrainInjury Survivor… For What it’s worth…. Also it’s a request for referrals to lawyer up. Yeah, SunTzu suggests using the enemies equipment when necessary. Thanks. Linda





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brain injury
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‘Wyndham  TIMESHARE SETTLES Brain Injury Case after 3.5 years for $3.5 MILLION’

Rock, Paper, Scissors!  ‘Balls, Boobs, Brains!’


“BTW – I keep asking for an attorney for you. It’s tough. The perception is that your case isn’t big enough under current law, so getting someone to pay attention to it is very difficult.”  – Anonymous

“So that means that breasts and testicles are more valuable than brains? !?” ASKS THE INJURED WORKER!


“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq.

Note:  Chris Asvar did his job for his young client: “LOS ANGELES – January 25, 2012.  Los Angeles-based attorney Christopher Asvar has just secured the highest known workers’ compensation insurance settlements in California history, totaling $8.9 million on behalf of his young client who suffered a work-place traumatic brain injury.”    

Note:  Romano Trust vs Sedgwick apparently gives #WorkCompsters a green light to maim and kill injured workers in California without recourse, and sometimes a fine of $100,000, if pushed.

America! America!  What a national shame!


rock paper scissors

 CNA / Grancell Defense Team apologizes for the misunderstandings and failures that preceded settlement.  CA ADJ8181903


Nawwww, they won’t even authorize prism neuro-optometric lenses or auditory processing devices, nor chiropractic and acupuncture for pain relief, nor will they replace resigned primary treating doctors without a Utilization Review, that there is no doctor to make such a request, and the CNA 25+ year veteran Claims Adjuster has no authority apparently other than to sign a form that says ‘it’s too early to determine if there is any permanent injury’ so we’ll look again in 90 days.  D’oh.  They didn’t pay temp total disability in 2012-2013, and the State did, then discounted payback, causing Injured Worker to lose the ’52 weeks’ that would have been available had they paid the 104 weeks, as required by law and directed to via Court hearing in April 2012.


They scoffed at the law and bullied the injured worker and doctors then, and continue to scoff  and bully today.  They have help.  CorVel and Maximus, and a handful of industry leased/owned doctors who write inaccurate reports that could be deemed fraudulent if taken to trial.  WCAB guidelines indicate estimated Permanent Disability payments are to commence within 14 days of final TTD payment, which was May 2014, in a chunk after EDD and local politicians became involved, since WCAB – Riverside refused repeatedly to help injured worker get treatment or benefits, in clear violations of ADA and EEOC.   Grancell continues the same course of action, profitting by taxpayer ignorance and apathy as they bilk California’s coffers and destroy the California WorkForce….



See details at   Someone else just recently did a blog on how #WorkCompsters value testicles over breasts. Astonishing!


They want me to see an Ear Nose and Throat Doctor to dispute an extensive auditory processing evaluation of last year performed at SCRIPPS Brain Injury Rehabilitation Center in Encinitas, California.  What’s next, will they demand that I see a Podiatrist to dispute the Audiologists, Neurologists, Neuropsychologists, Orthopedic Surgeons, Chiropractors, Acupuncturists and Functional Neurology Experts, along with Occupational Therapists, Physical Therapists and Speech Therapists, and focus on the often referenced sprained ankle of 1/9/12?  Oh yes, I think they need a dozen neuro-psych reports till they find one they like; “Doctor Shopping and File Churning” enhances bottom lines for WorkComp Defense firms?  D’oh! In November 2012, defense attempted to coerce settlement of the customary $100,000 after initial attempts at obfuscation of medical evidence and failures to provide necessary evaluations and treatments that first year.  Their report of future medical was extensive— and that was prior to getting all the facts of the actual extent of the injuries.  What say their Risk Peeps now.  They are all looking at my LinkedIn Profile.


Anybody with “Juevos” at CNA willing to step up to settlement?  Maybe somebody from Thomas Motamed’s office?


For the record, treatments and evaluations provided by Grancell/CNA and self-procured are discussed in these blogs:


Well, at least the ‘cost burden has been shifted’ to the Social Security Administration and Medicare due to the brain injury upon evaluation of all medical records.  How’s that for bilking the public after more than 3 years of torturing and causing permanent disabilities to an injured worker?   I am grateful and the experience at the SSA was kind, compassionate and an encounter with people of integrity, in sharp contrast to the horrors of Workers Compensation experiences.

Stephen Hawking

Add the approximately $16,000 CNA was paid by the State of California in the form of a deep discount on reimbursements for EDD payment in the first year because CNA refused to pay TTD?


CNA is really making big bucks on this “Exclusive Remedy” huh?


How much does the insurance broker make in commissions on the Wyndham account?  SEC or some regulatory agencies requires Wyndham to provide such information to shareholders when requested; I have requested approximately 5 times in more than that many months, to no avail.  It may have something to do with allegations that the Wyndham Board and Risk Management have some members with questionable ties to the insurance industry?  I heard the stories, but they didn’t quite compute in my brain.

#WorkCompChat; O SAY CAN YOU SEE?


flag distress signal

Could the lack of  competent representation for injured workers be related to these issues?

Below are more insights for possible incorporation to future industry blogs…from an Injured Worker point of view, and something the legal people alleging to represent injured workers are also clueless about.
Attorneys in CA like to shrug and say they know nothing about Social Security and Employment Law and ADA Compliance and how it all interfaces with one the big scam.
Heck, even the Defense Counsel who is a “Partner/Shareholder” boasts of his incompetence regarding ADA and Employment Law!  D’oh!  It takes a Psychopath, huh?! A WorkComp attorney who is oblivious to SSA guidelines, ADA, Employment Law and social media fight-back-work arounds is an idiot and a menace to society, imho.  Ditto for return to work trials, guidelines, strategies etc.
Social Security has a rehabilitation component called PASS (available to me for the next year or so) where they may help me create a consulting business or something I can do from behind my computer, if Wydham continues to fail to engage in the interactive process, and particularly if they wrongfully terminate me.  There are also some tax incentives to corporations that hire disabled Americans.  I am hopeful that if I cannot return to face-to-face selling that Wyndham may create a position so that I can help clean up the desperate EPIC FAIL of a WorkComp system currently in place, and that I may be able to help train HR and Staff on proper handling of workplace injuries, and when to do simple things like “CALL 911”
The SSA paperwork also advises me to submit medical expenses that I had to pay within 30 days, which it sounds like they may reimburse since CNA refused to.  A friend may help me assemble that next week.  It’s half done, like so many of my paper projects.  Pure cost burden shifting, and that’s one of the items I will ask the Senators to help me with.  Somebody can reimburse my $30k out of pocket medical and rehab expenses, and the shortfall of $18,000 California gave in the form of deep reimbursement demand discount to CNA for refusing to pay TTD in 2012 – 2013 .  Offset for my shortened life span and loss of earning capacity, along with potential devasting future medical is a factor.  Continuation at the Coastline Acquired Brain Injury Program through December 2015 is very important to maximize potential return to work, although a second year is recommended, and both will be impossible without funds. Your try living on $1,700/month with a mountain of bills behind you, and a brain that works like a 286 computer on dial-up, with virtually no working memory. Does a $20,000 annual income put me in the sheer poverty category?  That’s a very harsh transition from being a fun-loving, globe trotting vacation sales executive, unable to return to work due to auditory, vision, speech and other processing issues from the fall of 1/9/12.  The manager said, “Just rub some dirt on it and you’ll be fine’…. nice try, but it didn’t work.
If you know of a California attorney with integrity, courage, smarts and staff to take on this multi-dimensional case, please contact me directly at or via phone at 760 368 7236.  Know that the Defense Firm is big on bullying doctors, injured workers, and even, apparently, structured settlement peeps. D’oh.  Mediation was repeatedly refused by defense.  Callous disregard for human life is the SOP, along with bullying and threats and blatant disregard for law, order and life.
It is my hope and intention to return to work by the end of the year, even though all the medical evidence indicates that is highly improbable due to the extend of the brain injuries.  Yes, I can type, but if any CAAA attorney believes that the ability to type indicates no brain injury, they should turn in their license to practice.  They are  incompetent to allege to represent any injured worker, let alone a brain injury case, and such ignorance and incompentence presents imminent danger to the working public.
Remember the quote by Chris Asvar (who won’t take the case because prior counsel and too many others ‘didn’t do their job’)…..I’ve asked again, but won’t hold my breath on a response this year either.  Read it again.  LET IT SINK IN.
“In describing this class of traumatic brain injury”, says Asvar, “the term ‘mild’ is an absolute misnomer given the severity of possible complications and repercussions.” He adds, “Dismissing someone’s brain injury as ‘mild’ is akin to saying someone is ‘mildly’ paraplegic.” Chris Asvar, Esq.




How is it that the people profitting by maiming and abusing brain injured Americans can continue to get away with their vile legal chicanery without due process, without representation, and in clear violation of the Constitution of the United States of America?

constitution  too long didnt read

Who supports such treason and attacks on the working population of America?

Will the US Attorney General investigate California’s workers compensation corruption and war on workers now?  CC: #CAAA Members.



#InjuredWorkersUniting #SilentNoMore #WOW

Ask About Brain Injury and WorkComp Survival Now!



Ask About Workers CompGravy Trains







#WorkCompChat? Fascinating that #CNA insurance might find my #LinkedIn profile of such interest? Classic #RockPaperScissors?

Let’s hope it is a good sign and that audits may be conducted to ensure that the horrors I experience by their failures and refusals to provide medically necessary treatments since date of injury, 1/9/12, must not and will not happen to other injured #Wyndham Worldwide Employees.  This is an outrage to Shareholders and Injured Worker alike.

See the whole story….more than 100 blogs. ASK ABOUT WORKERS COMP GRAVY TRAINS NOW


Check your Fraud Division for even more details.



What about #AI?  What does Siri think about this mess?!?



#InjuredWorkersUniting #SilentNoMore

We are the media now. .. #TTFN


While CNA, the work comp carrier for Wyndham Worldwide, continues to harm, harass, fail to provide reasonable and appropriate medical care for a traumatic brain injury January 9, 2012, it


…..appears to be a complete breach of fiduciary responsibilities and in what appears to be clear violations of California Labor Code exclusive remedy of workers compensation, a claim fraught with what appears to be egregious attorney and doctor and adjuster incompetence, malpractice ….and fraud, as defined by the Department of Industrial Relations…and California Civil and Labor Codes.


2012:  a few chiropractic sessions in the first year with clinical psychology sessions in Feb, Mar, Apr with 4 more in Jul-Aug

2013: a few physical therapy sessions in the second year,

2014: a few chiropractic and acupuncture sessions in the third year with finally a few speech therapy, occupational therapy and more physical therapy, and neuro-psychology support in April,

(after injured worker found a neuro-psych willing to treat an injured worker; none available on alleged ‘mpn list’ since date of injury after treating Orthopedic Surgeon’s office staff shrugged at one of the last bizarre UR denials and suggested, ‘you’ll have to find your own brain doctor, obviously they are not going to get you any medical care…ever.’)

2015: more denials and more evaluations to prevent anticipated return to work.

Tens of thousands of dollars have been spent by carrier on evaluations upon evaluations, with supplemental reports due to objections of omissions of more than 300 pages of medical evidence, with suspected intent to deny medical care, with failures to provide even the simplest requests since date of injury.


CNA has submitted every request since February 2013 to UR, and Court intervention was required in 2013 to schedule authorized chiropractic and acupuncture sessions, which took many months.  CNA has currently asserted that replacement of Orthopedic Surgeon PTP, who has reported MMI for Orthopedic Injuries as of December 2014, requires Utilization Review for a neurologist to become the primary treating physician.

CNA seems to only have a small collection of evaluating neurologists, not treating doctors, and none current with brain injury practices of the 21st century; neither do they have physiatrists, neuro-psychologists, or anybody on their ‘lists’ that actually treat brain injuries, but they pay the evaluating doctors who provide reports prepared by non-medical personnel handsomely for their signatures on such reports, regardless of how flawed they are.  In fact, the greater the flaws, the greater the obfuscation, the longer the denials, the greater the billable hours.

LinkedIn rankings  4 9 2015  741 pm  pdt


Most expert treatments have been  abruptly and prematurely terminated due to threats to ‘cease and desist’ treatment by defense to providers and unlawful termination of disability benefits in what appears to be a pattern of continuous harm and financial terrorism by defense, as a pattern of practice, apparently approved of by WCAB and DIR and offices of the District Attorney. DOJ and EEOC investigations pending on multiple matters.


2012:  Chiropractic, Acupuncture, Functional Neurology

2013:  Chiropractic, Vision Therapy, Therapeutic Prism Vision Lenses

2014:  Acupuncture, Chiropractic, Vision Therapy, Therapeutic Prism vision Lenses, Coastline Acquired Brain Injury Program for Compensatory Strategies

2015:   Acupuncture, Chiropractic, Coastline Acquired Brain Injury Program for Compensatory Strategies (updated therapeutic vision lenses pending funds)


Evaluations obtained by injured worker, recommended by multiple doctors but carrier failed to provide, while subsequent evaluating doctors have deemed all evaluations appropriate, albeit very late in happening


2012:   Brain MRI, EEG, Functional Neurology, Clinical psychology, Urgent Care,  Xrays

2013:   Neuro-Optometry, Speech Therapy

2014:   Neuro-Optometry, Acupuncture, Chiropractic,  Neuro-psychology strengths assessments, MRI with TBI Protocol

2015:   Neuro-Optometry


The BRAIN INJURED worker, seeking compensatory strategies for the brain injury… because restorative medical treatment was denied for more than three years… is now witness to legitimate business building condos week after week after week, while obtaining self-procured compensatory strategies in a one-to-year program at Coastline Acquired Brain Injury Program, the #1 program in the USA, and a part of the California Community College system, with experts in brain injury with more than 25 years experience each, helping people doctor’s did not reach, or that doctor’s gave up on for a variety of reasons.

The program is targeted to restore injured individuals to the communities in some capacity, either as volunteers or return to work, depending on nature and extent of injuries.  See the link, and put it in your contact list:

  • “Compensatory vs. Restorative” (Northeastern University)“Compensatory strategies focus on adaptive behaviors. A person with a TBI may no longer be able to perform a task the way (s)he used to because of the injury. A compensatory strategy is coming up with a new way to perform a task. For example, a college student who suffered from a TBI may no longer be able to write down notes for his lecture as fast as he used to. A compensatory strategy could be for him to now record the lectures and transcribe them into note form after class.”
  • “Restorative Strategies are designed to repair processes and restructure or rebuild damaged neural networks. Examples are tasks and drills to help a person with a TBI restore his/her memory.”  


The Team Approach

The following are examples of interprofessionals who work together with TBI survivors and their families:

  • Advocacy Groups
  • Athletic Trainers
  • Audiologists
  • Coaches
  • Dietitians
  • Ear, Nose and Throat Doctors (ENT)
  • Educators
  • Employers
  • Insurance Adjusters
  • Internal Medicines
  • Lawyers
  • Neurologists
  • Neuropsychologists
  • Neurosurgeons
  • Nurses
  • Occupational Therapists
  • Ophthalmologists
  • Physical Therapists
  • Plastic Surgeons
  • Primary Care Physicians
  • Psychiatrists
  • Psychologists
  • Radiologists
  • Religious communities
  • Recreation Therapists
  • School Personnel
  • Speech-Language Pathologists
  • Social Workers
  • Vocational Rehabilitation Counselors
  • IMG_0177

Best outcomes of interdisciplinary treatment systems are when utilized immediately  and NOT the ‘3+ years or never’ post-injury as practiced by CNA and other major carriers; CNA provides and encourages only an Orthopedic Surgeon to allegedly manage an interdisciplinary team, then disrespects and disregards all recommendations and requests for specialty treatment and further evaluations because, as defense indicated repeatedly, ‘an orthopedic surgeon has no knowledge of brain injury’.  

At a  court hearing in December 2012 a physiastrist or a neuro-psychologist or a neurologist was requested for treating doctor; denied and more recently, since previous PTP, Ortho Surgeon has determined MMI Orthopedically in December 2014, and has deferred to secondary doctor, a neuro-psychologist, a primary doctor has been requested in the field of neurology.

Adjuster and defense advise that change of PTP requires UR.  Designation of neuro-psychologist as secondary treating doctor required Court hearing as well.  Churn churn churn.  (In 2013, an industry leased neurologist was designated as ‘secondary treating doctor’ but alas, his office mis-read the authorization and deemed it to be a one time consult, determined nothing more than over the counter analgesics was required to treat the brain injury and related complaints and reports of vision and other issues; dates of injury were mis-stated by the doctor, along with other gross inacuracies.

Then-counsel suggested injured worker take the concerns directly back to the doctor for corrections, and said doctor refused omitted records properly served, refused to answer questions his office required be put in writing, and actually threatened injured worker with a lawsuit for harassment for attempts to see this appointed ‘secondary treating physician’ and to correct gross misstatements in his reports and his supplemental reports, for which he billed handsomely.

Similar story with the appointed AME Forensic psychiatrist, although he assertions in his supplemental report were more outrageous than what might have been called simple mistakes in his initial report.  That scenario was repeated again by yet another evaluating/non-treating neurologists, complete with fabricated dates and deceptions.  Goodness, what a trio lead by then-defense counsel misleading correspondence with apparent intent to deny medical care, quite successfully for years.

Defense feels no obligation to pay estimated Permanent Disability, even on the orthopedic portions of the claim, nor do they anticipate the increased risk exposure due to their negligence and callous refusals to provide medically necessary treatments, as even recommended by their own leased doctors and evaluating firms.

ACOEM, MTUS, NIH and generally cognizant neurologists keeping pace with the neurosciences generally recommend such treatments as speech therapy with cognitive rehabilitation, occupational therapy, physical therapies as required, vision therapies, acupuncture, chiropractic and specialty examinations by brain injury experts.

Only a charlatan or worse would likely dare to recommend simply ‘over the counter analgesics’ for a well diagnosed closed head injury, called by more than 30 doctors by a variety of ICD-9 codes.   While the Orthopedic Surgeon crowds are often designated as the Primary Treating Doctor for a head injury, their ilk are sadly ill-informed about diagnosing head injuries, and the urgency of getting patients to experts.  

Until the Orthopedic crowd rises to their responsibilities in the life-threatening lapse in education of their peers, head injuries will continue to bring them small revenues as WorkComp ‘Primary Doctors’ and will ultimately bring them medical malpractices and charges for collusion to perpetrate fraud upon the disabled communities, for profit.  Ask a Football Player.  Ask a Retired Football Player.  Ask a Veteran. Ask your kids.

Only a complete fraud would review medical evidence of more than 30 doctors, disputing all and further concluding that ‘if there was any evidence of a concussion, of course treatment would be necessary, but there is no such evidence by the finder of facts and the patient probably just has epilepsy, with a severe pre-existing personality disorder evidenced by records and learned helplessness….’

[Physician was referring to medical records from early evaluators, and substantiated the false allegations by simply moving the date of injury forward one year in reports, then back, without adjusting the false conclusions.  Multiple industry leased/owned doctors seem to follow this pattern of practices in creating false AME/QME/Consult reports, upon which egregious harm continues, and renders UR and IMR practices complicit in the fraudulent mis-use of law.]


Semper fidelis is a Latin phrase that means “always faithful” or “always loyal”

tbi and ice

The GrandWorkCompFraud inhibits and prevents return to work for years by failures to provide medically necessary treatments.  In this case, in April of 2012, upon confirmation of brain injury of unknown severity, the adjuster, not a medical person, terminated disability benefits and any hope of medical care in that month.  A Court hearing in June of 2012 authorized a neuropsychologist to be the new designated primary doctor, although said doctor’s office was more than 3 hours from the injured worker’s home.

The Court required the insurance carrier to resume payments of temporary total disability payments, which CNA defied and WCAB supported, in order to cost shift to EDD.  The information and assistance officer, when help was sought from that office, asked the injured worker if she was stupid for not wanting  larger amount, and when the hearing minutes were shown, she explained that the minutes indicated they were to resume “…if necessary…” and since they did not resume, her medical/legal opinion was that “Dr. Ponton clearly must not have felt it was necessary.”

[Ultimately, in 2014 CNA had to reimburse the State of California for the EDD monies advanced in the first 104 weeks for TTD, and CNA received a discount on the monies of approximately $16,000 from the State of California, which, as admitted by the adjuster, had the negotiation with the State not gone so well, that money would have indeed been paid/owed to the injured worker.

A Judge in the Appeals process determined the money did not belong to the injured, so apparently, the State of California is in the business of providing hefty profits to out of State Insurance companies who break the law, fail to pay TTD, maim and torture injured workers, all outside of the eyes of corporate media, and with apparently approval of the office of the attorney general et al.  WCAB seems to operate like a secret police or military police action, reporting to no one but themselves and their benefactors. The injured worker has been without work comp disability benefits since approximately May 2014; aint’ that nuthin.]

The “TTD” [Temporarily Totally Disabled] condition was reiterated in every subsequent 45 day report in 2012 until the doctor (also with a QME designation) was also threatened by the defense, at which time, based on no medical evidence, nor treatment other than 4-delegated chat sessions with a psychologist of unknown credentials, at which time (October 2012) it was stated that return to work could be considered, with caveats, warnings, and accommodations, with allegations of continued authorized treatments, of which all his requested had been denied except the chat-sessions, discussed in more depth in earlier blogs.

Wyndham refused repeatedly to engage in interactive process and simply extended leave and continued to refuse to investigate why injured worker was continuously denied medically necessary treatments, thereby complicit in the compounding harm to the injured worker.  Wyndham continues to refuse to engage in interactive process, and refuses to intervene in more than 3 years of failures to provide medical care and disability benefits by that work comp carrier.



  • This photo shows the progress of a condo development being observed and enjoyed by the injured worker, a real broker who lost all professional credentials, including CA real estate broker license, CA Notary license, Hawaii real estate sales license, and was threatened with loss of CA Driver’s license.
  • During her weekly pursuits at regaining her life while attending the Coastline acquired brain injury program, since October 2014, with no thanks to CNA, and with thanks to Wyndham for an employee discount at a local hotel, watching the construction of this and other signs of economic good stuff has been smile evoking.  Down the hill and to the north, Huntington Beach also has multi-unit ocean view properties under construction.
  • What an ‘Exclusive Remedy’…Employee insurance with CIGNA, without interference by CNA and Grancell, could have had the injured back at work, possibly, within months of the injury, similar to building a condo from a hole in the ground.


Through mid-2013

  • WorkComp is certainly the #GrandWorkCompFraud perpetuated on the Unsuspecting Public!  What a shame!  Contractors can build multi-unit residential buildings faster than a WorkComp carrier like CNA can authorize medically necessary treatment for a witnessed slip and fall backwards on ice.
  • How can that be?

  • Why would a corporation like Wyndham Worldwide pay a corporation like CNA to maim and injure it’s labor force, without batting an eye, or lifting a finger to ask more questions.  Are Board Members really involved with conflicts of interest in the insurance industry? Does the Wyndham Risk Management division have unclean hands?
  • In any event, Wyndham Workers are violated obscenely by the fictitious promise of a Workers Compensation ‘Exclusive Remedy’….  It sure seems to be simply terrorism and death threats…. inexcusable in America….or anywhere else in a civilized world.  Perhaps Kim Motley, Esq. can come to the aid of the USA?
  • True defenders of Justness and Justice seem real hard to find in America….
  • imageIsn’t it amazing to be able to witness not only the good in America… But having the courage to expose the evil, the corrupt and the dangerous… Workers compensation is not an employee benefit.Sadly, the silence of the employer appears to be criminal complicity in the egregious wrongs done to this and other Wyndham employees. What say you America?Isn’t it time to hold the criminals accountable for the continuous patterns and practice of harm to injured workers across the nation?
Lucy Occupy and Friends Paper Li April 9 2015!science
  • Ask more questions! If not you then who? If not now then when?

Lucy Occupy and Friends Paper Li April 2 2015

Interrupt the war on injured workers. Do it now. You could be next!

Follow one of more of these links, thanks, and tell your friends and neighbors about the GrandWorkCompFraud; your governments already know…





Why America is NOT the greatest country in the … – YouTube

May 14, 2013 – Uploaded by EducateInspireChangeTV

Why America is NOT the greatest country in the world


Remember remember, Thomas Motamed, CEO of CNA ‘made’ $10.7 million in ‘earnings’ in 2014…. and they can’t even pay simple TTD to an injured California worker in compliance with the law, and they terminate benefits on diagnosis of a brain injury, and even call to ask injured worker, “……so tell me, Linda, when ARE you going to die?….”  Defense counsel suggests a court appointed conservator as he trolls for someone/something to blame from medical records of more than a quarter century ago looking for pre-existing conditions, apparently to support grossly inaccurate reports of three of their industry leased own reporters.  Isn’t it funny how few QME/AME actual doctors write those reports?  One such doctor openly admitted that his non-medical staff was ‘well trained’ to write such reports that he freely signs, and is paid handsomely for initial reports and supplemental reports, regardless of acurracy of apparently fraudulent intent.  Hmph.


too big


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