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.
“The U.S. Attorney’s Office for Northern California expects to prosecute an applicants’ attorney for his role in a scheme involving an allegedly corrupt union boss, kickbacks for client referrals, banking violations, laundering proceeds from medical marijuana dispensaries, tax fraud schemes and even the infamous Hells Angels, according to documents unsealed Wednesday by the U.S. District Court for Northern California.”
The above picture is from the 2014 CompLaude Gala — yes, I was privileged to attend, as one of four InjuredWorker Nominated Finalists.
Yes, I took plenty of “heat” from the InjuredWorker community for attending. I arrived early, and met many of the exhibitors, and even attempted to maintain contact with some.
We apparently scare them apparently as much as they can scare us. ‘Can’t we all just get along? You could be next in the casualties of the mega billion dollar profitable WorkComp industries in America.’ We gotta convince them to change the business model from “Profits Before Lives” to something more Millenial Friendly, wouldn’t you agree?
NOW IS THE TIME FOR ALL PEOPLE OF GOODWILL TO COME TO THE AID OF HUMANITY.
Last year, the brilliant WorkCompCentral CompLaude event was California nominees only.
THIS YEAR, #WorkCompCentral has opened it to national nominations. Next year —-perhaps will be the first international Comp Laude Awards — as our neighbors are experiencing the same tragic mis-handling of work place injuries as we are.
The Canadian, Australian and UK injured workers seem to have more of a pro-active fight against the bad stuff on social media and in the Courts, whereas the majority of industry peeps AND Injured Americans appear to be addicted and practicing learned helplessness at the hands of the not-so-nice perpetrators of the industry. It’s time for change.
FIND THOSE WORKING TO MAKE WORK COMP A SAFER SYSTEM FOR INJURED WORKERS EVERYWHERE, AND STRENGTHEN THEIR HANDS! IF NOT YOU, THEN WHO? IF NOT NOW, THEN WHEN?
By the way, if any Injured Workers are interested in gathering there, with an Exhibit Table so they can see that we are human, and their industry failures have life and death consequences to real human beings, let me know know also by 8/31/15 and we’ll see what we can pull together.
Maybe my employer, Wyndham Worldwide, or it’s WorkComp Carrier, CNA, or their Defense Firm, Grancell Stander Reubens Thomas Kinsey will buy a booth and a table for an eclectic group of Injured Workers to facilitate participation? My injury happened 1/9/12 —- TBI — and you know how that’s going. You too, huh?
Well, if we cannot attend the gala, we can certainly #OccupyVirtually — lots of pictures and tweeting happen at the all day event!
MARK YOUR CALENDAR; SATURDAY, DECEMBER 5, 2015. SAVE THE DATE.
Description of Comp Laude™ Awards Nomination Categories
The following five categories are restricted to INDIVIDUAL (PERSON) NOMINATIONS:
Medical Comp Laude – can be a physician, a surgeon, a nurse, a physical therapist, a pain management specialist, acupuncturist, chiropractor, etc. Anyone with a professional designation in the MEDICAL field.
Legal Comp Laude – a Judge / judicial officer, applicants’ attorney, defense attorney, etc. Anyone with a professional designation in the LEGAL field.
Individual Comp Laude – Any individual (person) who is not a medical or legal professional but carries some designation as a workers’ comp professional; i.e. a Risk Manager, Human Resources Manager, Hearing Rep, Lien Rep, Safety Coordinator; Occupational Specialist; claims adjuster; RTW / SAW coordinator; bill reviewer; etc. Anyone with a professional designation in the workers’ compensation industry that is not in the medical or legal profession.
Injured Worker Comp Laude – Any individual who has been injured on the job.
Leadership Comp Laude – Any person who is considered an industry mentor / expert professional / speaker / educator / presenter.
The following two categories are restricted to COMPANY NOMINATIONS:
Employer Comp Laude – A public or private employer company.
Service Comp Laude – Any company that provides services related to the workers’ compensation industry: legal firm, managed care company; insurance carrier; medical practice (physician group, nurse case management, physical therapy); Pharmacy Benefit Management (PBM); Third Party Administrator (TPA); Medical Bill Review Services; Medical Supplies; language / translation; copy services, etc.
Thank you for your interest in the Comp Laude™ Awards!
Before you can make a nomination, WorkCompCentral asks that you login to their website and create an account. Just do it. If you have survived WorkComp, then you survive another login account and passcode. Remember, nominations are due by 8/31/15…. and you have to name people, and write something nice about them on the nomination form. Start thinking, thanks.
MEDICAL COMP LAUDE
LEGAL COMP LAUDE
INDIVIDUAL COMP LAUDE
INJURED WORKER COMP LAUDE
LEADERSHIP COMP LAUDE
Employer Comp Laude
Service Comp Laude
THINK LOCALLY * ACT GLOBALLY * OCCUPY VIRTUALLY
This has been a PSA-Public Service Message to/for/and on behalf of Injured Workers Everywhere!
Years ago I asked an ol’ Sicilian Godfather type character, “Will you tell me, please, what is the secret to making lots of money?” He said, “I will tell you. It is very simple. You find a need, then you fill it.”
What I have discovered about the majority of the members of the California Applicant Attorney’s Association membership is that they are generally burnt out, angry, disgruntled, overworked, screwed out of a decent wage by the chicanery of the Defense firms, and the end result is more casualties in the American Work Force. I’ve talked with plenty of you, from here to Northern California. Most of you have been polite and cordial, but compassion is a rare quality in your ilk, isn’t it?
In my case, people say, ‘Oh. She had 4 attorneys. She must be hard to work with.’ BLAME THE VICTIM, THAT’S HOW YOU SLEEP AT NIGHT?
Because the majority of CAAA attorneys seem impotent in the Art of Negotiation, and seem to feel condemned to working for what probably figures out to be about $10.00 an hour? The end result is badly managed work comp cases, workers that don’t get medical care, and as one of the four retained and dismissed in my case advised:
“Most of my clients don’t get medical care, they lose their jobs and their homes; it’s just how it is.”
That one attempted to coerce me to accept a premature settlement offer for a 1/9/12 brain injury for the ol’ $100,000, less legal fees, in November 2012, without benefit of having seen the specialist doctors recommended repeatedly, and denied not by UR but by the adjuster and the defense counsel.
He advised that, “Nobody will believe you have a brain injury. Work comp is a small community….” I told him I was injured not stupid and that if nobody would believe it was only because he didn’t do his job and get me to brain injury doctors, as repeatedly recommended by all the evaluating doctors I had been sent to. How much money did the approximately 40 evaluating doctors plus CorVel & Maximus peeps make off my life so far? How much do the defense attorneys make by continuously harming me? And how about those adjusters and their fraud department that backs them up?
I’ve spent close to $50,000 on medical expenses trying to Survive WorkComp, and to clean up the legal messes CREATED BY YOUR MEMBERS, and have lost professional credentials and earning capacity, and I haven’t worked since 1/9/12. Just because I can type doesn’t mean my brain injury healed on the rest and wait and wait and wait and wait CNA plan.
If CAAA members learned a bit about negotiations, they might find it reasonable to find alternatives to scavenger, bottom feeder type holds with liens when prior counsel has done nothing but harm the injured worker by doing a poor job, or no job at all.
One attorney’s I retained, when I advised his office they were being retained because the defense has a nasty pattern and practice of omitting hundreds of pages of medical records with intent (and success) to deny medical care, I was assured I would not be sent to any evaluations until the matter was resolved. Was that ever a whopper, committed by non-supervised “case manager’ practicing law without a license, another pattern similar to the QME/AME doctor reports written not by the doctors, but by the non-medical staff.
Then, in writing, he battered me and accused me of desperately needing mental health care, and arrogantly stated that “There is no conspiracy to omit medical records in your case.” He sent me to a very dubious AME eval, without medical records, and I am still paying for his incompetence. By the way, it took nearly 8 hours in Court to get the Judge to order the Defense to send the omitted records to the two involved doctors (of the time) and to request a supplemental report. Well, she sent them all right, not separately, not identified, but just in a new disorganized box and suggested the doctor find them and see if they made any difference in the conclusions. Then she did it again with the next QME, in December 2013. That’s 2 attorneys and highlights of their arrogance and incompetence.
The first one hardly counts, as it was not an attorney at all, it was a 60 second meet and greet with the attorney, then turned over to the Office Manager, who chanted, “There is no psych component to a WorkComp case” and promptly (next day) had me scheduled with an Orthopedic Surgeon on El Paseo in Palm Desert — FOR A BRAIN INJURY. I got lost trying to find the front door, and entered through the employee entrance in the back — nobody but me found that odd. The last one, rather than read the files I sent, and deal with the mess created by #3, merely agreed to yet another Orthopedic evaluation in late 2013.
Primary treating doctor has been an Orthopedic Surgeon (from 2/2013 through 12/2014 — I have had NO PTP since 12/2014—hardly matters, as there has been little-to-no care, just excessive evaluation upon evaluation, in true WorkComp Gravy Train fashion.
That’s 4 attorneys — #1 for 30 days in 2012, #2 for 9 months in 2012, #3 for 90 days in 2013 and #4 for 45 days in 2013/2014. When I have asked them to release their liens so that I can find an attorney to help me, they just say no.
The office of #3, in an attempt to console me, said, “Oh, it makes no difference to you that he won’t release the lien You get the same in any event. It doesn’t matter if you have 1 or 5 or 10 attorneys, they divide up the 15%.” I said, but you don’t understand, each of the 4 did more harm to me than the other, and I have a brain injury, and I can’t figure this crap out, there’s no integrity, fraud is NOT prosecuted, and the defense just makes stuff up and the WCAB supports it, and I can’t find competent counsel to represent me.
I’ve been told everything from “there’s no money in it” “previous attorneys didn’t do their job” “the medical records were not properly developed” “there’s too much fraud—it’s over my head” “you’ve already had 1 attorney” “you’ve already had 2 attorneys” “you’ve already had 3 attorneys” “you’ve already have 4 attorneys” “nobody will be #5”
I asked one Judge to authorize me to pay someone hourly to help me. I can’t even find legal aid or a paralegal to help me. It seems that the WorkComp rackets have everything locked down. There are even federally funded brain injury advocacy groups THAT REFUSE TO HELP AN AMERICAN WITH BRAIN INJURY IF THE INJURY HAPPENED AT WORK!
I have a brain injury plus it’s work comp. The Information and Assistance office has clearly given me erroneous information SINCE FIRST MEETING IN 2012, and badgered me, abused me, violated ADA and civil rights, and made it quite whose side she works for. In Injured Worker circles, the experience of most I & A Officers is the same, so I don’t take it personally. But, know that when you tell injured workers to see the I & A officer, you’re condemning them to more harm, and your credibility is further reduced.
WHAT IS A SOLUTION?
I tell you this because it’s identifying a need, that you can fill, and I can only scream about. Your industry vendors are even afraid to work with/for an Injured Worker, in Pro Per. Your industry doctors, playing hot shot, even return properly served medical records and threaten to sue an injured worker for daring to properly send such documents. Your vendors make it clear that they only take directions from “the adjuster” or “The Defense”.
I even asked at WCAB for a list of possible attorneys in 2013. I found one who answered his own phone. Trouble is, he no longer works for injured workers. He works for The Defense. I got quiet and asked, “Tell me, why did you go to the Dark Side?”” He got quiet and said, “Because that’s where the money is.”
So, for starters, if you are approached by an injured worker with a brain injury, if you know nothing about brain injury, give them immediately a letter of non-engagement, and a referral if you can.
Then, set up some training sessions for your members for negotiations, and start with studies of Psychopaths…ie. DEFENSE AGAINST THE PSYCHOPATH. It will help your members understand the Defense, and may reveal similar traits that may cause them to just head over to the Dark Side.
Watch it again, and tell your friends and neighbors.
Then, in each of your offices, set up an InProPer division, or something similar, with a Paralegal component, and an hourly fee, with a provision to take over the case when attorney liens are withdrawn.
DO SOMETHING TO HELP CLEAN UP THE MESS THAT YOUR INCOMPETENT COLLEAGUES CREATE, AND GET THEIR FANGS OUT OF THE LIENS THAT RESULT TO NOTHING FOR ANYBODY.
OH YEAH, OPEN YOUR FANCY CONFERENCES TO INJURED WORKERS, PARTICULARLY YOUR EXHIBIT HALLS. IF YOU WON’T REPRESENT US, HELP US FIND THE RESOURCES TO REPRESENT OURSELVES.
Do some client follow up…… you may find gross dissatisfaction with your industry by injured workers and doctors. You can blame injured workers all day long for your own shortcomings, but…in the end, you know the truth.
I will never forget the attorney who called me back around 8 o’clock one evening, screaming and swearing that he was working so late, and when I explained my case, to the best of my abilities, he called me “one of those work comp pariahs” and that he knew the defense counsel. He assured me that ‘fraud’ was not a possibility; “incompetence, yes, but she is not capable of fraud”…. (That was his opinion; evidence points in the other direction.)
GIVE IT SOME THOUGHT…… IF YOU CAN’T HELP INJURED WORKERS, EITHER FIND SOME WAYS TO HELP THE IN PRO PER POPULATION, OR BE ASSURED, WE WILL DO ALL WE CAN TO GET YOU OUT OF THE EQUATIONS TOTALLY, and FIND WAYS TO HOLD YOU AND YOURS ACCOUNTABLE FOR THE HARM YOU CAUSE TO THE INJURED WORKER POPULATIONS IN CALIFORNIA, AND YOUR COLLEAGUES IN ALL STATES OF THE UNION.
CAN’T WE ALL JUST GET ALONG?
Look for the In Pro Per OBJECTION TO A FRIVOLOUS ORDER TO COMPEL ……COMING UP THIS WEEK….
Hey Fred… One of the work comp doctors suggested that if I have human rights violation complaints that I take it to The Hague.
I have no idea how to do that, but if we can find a way ….are you in, and do you think we can find a bunch of Canadians to join a bunch of Americans to expose fascist criminals?
Doctor’s Trials for the 21st Century #NouveauSonderkommando#NouveauNazis. I hear we may need citizens tribunals as a first step and I think Americans would have to help the Canadians and the Canadians might have to help the Brits the Brits might have to help the Aussies who might in turn have to help the Americans…..
I will be publishing a list of all the doctors that I have been exposed to, all who have profited by reports they have generated… Reports that have been good bad ugly truthful and fraudulent… I won’t separate them out yet… But if they touched my case they need to be named. The innocent will rise to the top and the proper authorities can sort them out.
I am only three and a half years into this fight for my life, along with the lives of others injured workers around the world… maimed harmed tortured and prematurely killed by these creatures.
In your experience do you know of any other workers who have attempted citizens tribunals, in what countries, and with what success if any? WORKcompLINDA@GMAIL.COM
I don’t believe there are any attorneys or agencies in the United States of America who will help us… They would have done so by now.
What do you think?
PS Must absolutely include the Lawyers and all complicit that appear to be leading the raids and terrorism practices…
The report shows that Travel & Tourism comes third out of the eight researched sectors, after retail and agriculture. The industry supported 277 million jobs in 2014, which is 9.4% of world employment.
With 105 million people directly employed in 2014, the industry globally employs:
7 times more than automotive manufacturing (14 million)
5 times more than chemicals manufacturing (20 million)
4 times more than banking (27 million)
4 times more than mining (27 million)
2 times more than financial services (59 million)
According to the report, Travel & Tourism is the second-fastest growing sector globally. Forecast to grow at 3.9% per annum over the next ten years, this industry’s growth will outpace the global economy, which is estimated to increase by 2.9% per annum over the next decade.
The research shows that Travel & Tourism, generating US$ 7.6 trillion in contribution to GDP in 2014, is the fourth largest sector after mining, financial services and retail respectively.
[Emphasis added by blogger to highlight that this industry fails to provide medically necessary treatments to injured workers and is complicit in bullying and terrorism of injured workers by refusal to manage their agents of workers compensation insurance, giving the appearance of collusion with intent to maim and cause permanente disablities to workers over the age of 35, injured on the job. Note that RCI is one of the very many Wyndham Worldwide companies; see also LINDA AYRES VS. WYNDHAM WORLDWIDE ET AL ] https://askaboutworkerscompgravytrains.com/list-of-posts
“….It might be paranoia, but the suspiciously coincidental release of the highly critical ProPublica/NPR report and the equally scathing OSHA report on workers’ compensation raised many eyebrows in the industry. One only need review the titles of these two reports to get the gist of their content. The ProPublica report, entitled “The Demolition of Workers’ Comp”, was the first in a series of articles looking at many “worst case” scenarios within the comp system. The OSHA report title, “Adding Inequality to Injury: The Costs Of Failing To Protect Workers On The Job”, pretty much says it all regarding the intent and outcome of the report. This balanced work, produced with our tax dollars, and using wholly scientific phrases such as “Statistics are People with the Tears Washed Off”, eviscerated employers and workers’ comp, alleging that we essentially renege on up to 80% of injury costs across the nation….” READ THE ENTIRE ARTICLE HERE:
INJURED WORKER’S COMMENTS ON BOB’S BLOG:
Wouldn’t it be great if the feds… Including but not limited to the Department of Justice and the FBI would commence investigations into the criminal corruption that permeates the work comp industries, maiming and further injuring the workforce and shareholders, for the profits of the few, causing permanent disabilities, then shifting the costs to the Federal agencies?
Or, as a WC Doctor suggested to an injured worker, ‘If you have Human Rights Violations Complaints, take it to The Hague’ — caching! $7k for a false report to deny medical care. Ditto for two peers with QME designations.
Because of the work comp system, and SS type policing policies and how it overlooks crimes against injured workers nationally, I am now permanently disabled, also with thanks to their failures to treat combined with bullying and terrorism for more than three years.
Super Lawyers have assured me that my case is very common. Demolition of work comp is happening, and the investigators at ProPublica and OSHA have just scratched the surface of the corruption. They need to dig deeper, and the feds need to help. Yes, trials for the #NouveauSonderkommando are over due, imho.
TAKE IT TO THE HAGUE?
LOOKS LIKE THERE MAY ALREADY BE GLOBAL INTEREST
READERS OF ASK ABOUT WORKERS COMP GRAVY TRAINS ARE FROM THE FOLLOWING COUNTRIES: