Sadly, in California, most attorneys seem to roll over and quietly serve their clients to the insurance industries on a tarnished platter for a few ‘pieces of silver!’ Perjured reports are greeted with a shrug and ‘that’s just how work comp is’….. if questioned, they shrug again and say, ‘The System is broken!” HOGWASH!
Anybody can be injured at work. Even you! Anybody can get a brain injury, EVEN YOU!
Have you been following the Steven Gursten Esq. situation about IMR’s in a Brain Injury Case?
While it’s not WorkComp, this PI attorney could certainly teach @CAAA and other State’s legal and insurance crowds a thing or two about how to protect an Injured Worker and how to protect the Constitution of the United States of America! It’s a heart warming story!
IMR/QME/AME perjury and other fraud issues are a huge dilemma in California, and seems to be a ‘protected’ action…. Ask any Injured Worker for details! Will the well-connected doctor in the blog face legal consequences? How is patient? Will he get medical care now?
Without swaths of similar reports, the rest of the WorkComp process might actually begin to include actual reasonable and appropriate medical care, and legit providers might even have better luck at getting paid to provide care, injured workers might get improvements, might be able to return to work, and save taxpayers “swaths” of monies being shifted from carriers to governmental agencies, etc.
I think I blogged about it… Yes, I did too…. #Blog4TheCures!
IT MAKES THE DOCTOR’S $7K+ IMR REPORTING PROCESS QUITE LUCRATIVE, HUH? Don’t the experts say that lifetime medical for a traumatic brain injuries can average around $1.3 million? IMRs can save insurance companies gazillions, huh? THINK THINK THINK!
How Does an Injured Wyndham Worker Return to Work?
WorkComp Epic Fail! WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now – How do other companies facilitate return to work for injured workers? Let’s ask on Social Media, shall we?
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.
Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed. Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines. Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me. A leading industry experts discusses this very practice as common place in California.
This may further sound alarms in my particular case, to add to various agency investigations. One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care. Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center. The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time. EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist. Goodness. CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary. In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT. D’oh.
There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal. The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.
In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.
My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.
My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated. Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies. I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor. Return to work will clarify that, won’t it? Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!
Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN. There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.
I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?” He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’ Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS. I never aspired to be a WIDGET ASSEMBLER.
So, how do we move forward for return to work or about July 27, 2015? By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program? ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws. Here is the link for a search of their database on brain injury accommodations. Remember, CNA originally accepted the claim, as the records note, as a CONTUSION. JAN defines Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).” Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.
Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program. When are the next two Indio Sales Training classes? What are the hours of work these days, and how are “breaks” handled when tour flow is heavy? I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011. I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.
For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class. My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again. After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu. That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.
Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.
Quiet (low decibel) work area.
Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.
Lumbar Support Chair
Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.
Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues. I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further. I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS. I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm. For being a team player, and putting the needs of others first, my life should be destroyed? I don’t think so.
Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately. This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented. In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.
Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines. Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me. Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work? These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?
BRAIN INJURY HANDBOOK A Resource Guide for Employers may help in the creation of a return to work program. I have been diligent in collecting information that may help me successfully return to work. I would like a contact upon return to work to help make such a transition transparent and successful. Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.
Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to. An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week. I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:
The abuse I have experienced at their hands is criminal.
The risk of further abuse and further attempts at financial harm is possible and probable.
Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.
Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail. With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.
At the top of the return to work at Wyndham list is not personal, it’s strictly business. The employability of the brain injured community is low, and continued employment of the brain injured community is even lower. One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?” Makes sense?
Other Pro’s listed on my ‘project for the doctor’ include (unedited)
It’s a job I already have
Risk of (further) job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
Palm Springs is approximately 35 miles away, straight down the hill.
My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
If successful, great; if not, it must be considered in ultimate case settlement;
I can either relaunch my sales career from Palm Springs, or springboard to new realms
On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
“Screw me once, shame on them; screw me again, shame on me.”
HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
A new position could be created to utilize my experiences for the benefit of many working people, worldwide. Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
If necessary, I can rent a guest room to “reboot” at the resort in the events of long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
It’s totally a financial strategy — it’s a job I ALREADY HAVE.
Hours can be light – 8:30 to 1-ish or 3-ish.
45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
Small shops – can close my own deals.
Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement. If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
Wyndham is the largest hospitality company in the world.
Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
Quitters never win and WINNERS NEVER QUIT.
If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures. When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors? Armed with two monitors, I could provide valuable input to assist Wyndham, imho.
A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio. I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”
Despite the obstacles and hardships, I have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work. As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”
While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie, in the initial and second impact traumas. Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are. Muddling was never before a ‘life strategy’.
Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning. Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.
The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain. Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.
While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made). CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014. That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days. Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations. Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals. The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.
Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012. In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham. Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse. Nothing has changed, and now they include Judges in their chicanery.
After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel. While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience. The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service. In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers. It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.
While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)
Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas
I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.
Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.
Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.
January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide
As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed. In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits. In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process. SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.
Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins. I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that. Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.
I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork. Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY. He will understand and explain it to Stewart, we’re sure.
I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues. Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID. One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”
OK, let’s get to it.
Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document. This, with prior requests, seems to give you what you need to propose what can work for a return to work. I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there. The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.
I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work. So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.
Thank you. I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere. PS The Ramada people are tops! They reallly exude COUNT ON ME behavior!
How Does an Injured Wyndham Worker Return to Work? BY ANY MEANS NECESSARY!
Let’s get down to business.
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 7236
cc: “Supplemental People” and The Working World At Large via Social Media
PS As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline. I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment. I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history. Thanks a bunch. Hope to see you all July 27, 2015. Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!” If Bobo is there, I want to sit by him, or by Rodney!
“WHO IS PROTECTED?” OPEN LETTER TO CORVEL CORPORATION ET AL
From: Linda Ayres
To: elena_vega – CorVel
Cc: fred.sachs ; SReubens ; michael.dougherty ; LINDAAYRES ; wynlinda ; workcomplinda ; mary.falvey ; tina.jordan
Sent: Thu, Apr 2, 2015 7:08 pm
Subject: Linda Ayres vs. Wyndham Worldwide et al / CORVEL NON-RECOMMENDATIONS AND CLAIM EVALUATIONS FOR 2013
Thanks for the tip on DWC-IMR Maximus processes. I hope it helps! We’ll see! Another favor?
I am compiling information on all the non-recommendations and claims evaluations since date of injury, 1/9/12. Apparently I do not have the 2013 correspondence, from CorVel, as much of it was sent by your company to the former defense counsel, after you had been properly noticed to cease and desist. Some of it, if I ever received it, I may have simply misplaced. The pieces I have found do not show proof of service to me. You may recall my emails regarding violations of my HIPPA rights and continued anyway.
If you will kindly send me everything for 2013 I would appreciate it so I don’t have to sort it with the pieces I do have.
Will you please email me Friday morning the complete Non-Recommendations and Modifications and Claims evals for all of Dr. Darren Bergey’s requests for treatment in 2013. Everything from Ballard Brain Rehab, to chiropractic, to accupuncture, to neurology, psychology, neuro-psychology, neuro-optometry and more.
Prior to Dr. Bergey, 2/2013, all failures to provide medical care were handled directly by both the defense law firm and the adjuster, both non-physicians, cleverly avoiding a paper trail. The information and assistance office was of no help to me, and in fact, when I inquired how to deal with the grossly inaccurate and possilby fraudulent reports (per DIR definition of Fraud with intent to deny medical care) ( of Dr. Zardouz, Dr. O’Brien, and Dr. Kent, I was advised to simply write a note saying,”I object to these reports.” I did as instructed, but the fraud was never addressd, and these faulty reports are continuously used as weapons of continuous and egregious harm to me. That is being dealt with shortly, as there are interested Tasks Forces in the Offic of the DA, not the office number Dr. O’Brien dared me to report him to. It’s been over 3 years and I am continuously denied the right to be heard by a WC Judge on my right to medical care. I’m not the only injured worker self-represented. That must change, and it may take Congressional intervention. At least their looking now, huh?
By copy, if Fred Sachs, adjuster, has medical evidence of 2012 denials of requests by Dr. Daniel DeGoede,, Clinical Psychologist I was sent to by the Wyndham Worldwide Employee Assistance program who was the initial PTP and worked closely with Daniel Elliott to organize the first neuro-psychology exams and then briefly Dr. Uppal, appointed by the first law firm I retained, and then the requests by Dr. Marcel Ponton, Clinical and Neuropsychologist, appointed by the Court after a hearing in June 2012 exposing that the MPN was never properly served, and seemed not to exist at all.— PLEASE SEND ME THE 2012 DETERMINATIONS OF DENIALS OF MEDICAL CARE… Doctors didn’t deny, it was non-doctors, but there has to be a process to deal with such matters as well.
The adjuster and I worked very closely in February 2012, trying to find providers in the field of neurology and neuropsychology. Daniel cheated Dr. DeGoede out of several agreed upon and authorized sessions, and left me without any support whatsoever. Had care been authorized in 2012, I would not be writing this email today, and I would not have lost the last 3+ years of my life to such a vile system. Oh well, it is what it is, huh?
Investigative Journalists have taken a further interest in my dilemma, and with all the buzz about CorVel and ProPublica etc….. I want to be able to provide them with all the facts, so people can draw their own conclusions about my case, and the discrimination of injured workers with disabilities like mine, my age, and my gender. . I need the materials also because my civil rights are being further violated by the defense, and the Department of Justice has invited me to share more information, which I will gladly do.
By copy to the Defense firm, while you have repeatedly advised that you have no expertise in ADA and employment law, continued harm caused by your firm will be handled by the proper authorities in due course. Google FEHA, ADA, and Brain Injury.
Ok, pretty please send those 2013 CorVel non-recommendations that I am not copied on and don’t have to me electronically, and was not provided by the PTP, so I didn’t learn much about Maximus till recent corruption articles.
BTW, many of your superiors seem to have quite an appreciation for my LinkedIn profile. Please let them know there is no reason to stalk my wall, I accept all invitations to LinkUp…. friends and enemies alike. The Defense attorney and the Wyndham Risk Manager seem to have a relationship that goes ‘way back’ and I am now fearful that such a conflict of interest may be a factor in the continuous harm to me, and that department’s repeated failures to communicate with me and it’s failures to conduct a long over due claim audit. Michael would never even help me when I asked for help with reimbursements and TTD payments. Awful. That New Jersey politician is taking some serious heat for promoting the CorVel allegations of employee fraud being “40%”…. I suggested it might be an internal statistic, on the low side. Corporate fraud is of extreme interest in the news today. Let’s give them the facts on my case and let the public draw it’s own conclusions, shall we?
I hope most of you never have to experience the extreme horrors this WorkComp charade has put me through.
Linda Ayres, In Pro Per
IF YOU HAVE A JOB, STAY SAFE. IT’S BRUTAL IF YOU’RE HURT ON THE JOB!
Do you think this means that because CNA refuses to get me training and treatment so I can return to work (it’s been over 3 years now) that they are breaking this law? And making my employer, WyndhamWorldwide a party to such a law breach?
Looks like disabled people are allegedly already protected… hmmm….just found some things on FEHA while looking for other things…. I have no interest in going to law school to save my life, but surely they can see the value of the state run program, COASTLINE ACQUIRED BRAIN INJURY PROGRAM….they have been helping people with Brain Injuries return to the community and work for over 25 years. All CNA can approve is some chiropractic, acupuncture and evaluations for over 35 doctors…. for brain injuries? D’oh! ain’t that nothing!
“12940. It is an unlawful employment practice . . . [f]or an employer, because of the . . . , physical disability, mental disability, . . . of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. “ (Gov. Code, § 12940, subd. (a).)
WHO IS PROTECTED?
THE ANSWER IS SIMPLE:
PEOPLE WITH MENTAL OR PHYSICAL DISABILITIES
PEOPLE WHO HAVE A RECORD OR HISTORY OF A DISABILITY
PEOPLE OR ARE REGARDED OR PERCEIVED AS HAVING A DISABILITY.
ALSO PROTECTED ARE PEOPLE WHO ARE ASSOCIATED WITH A PERSON WITH A DISABILITY
#TBI Survivors remind: MARCH IS #BRAIN INJURY AWARENESS MONTH; everyday is Brain Injury Awareness Day for a Survivor . . .
Injured workers are a particularly challenged population by the egregious failures of insurance carriers, and refusals of employers to demand that the terms of the work comp policies are honored and delivered. Bad faith and breach of fiduciary responsibility are huge problems in this arena. A host of other work comp vultures add to the losses of injured workers. Give a hoot.
People come from around the world for the #Coastline Acquired Brain Injury Program in Newport Beach, California.
It is all about “compensatory strategies” for dealing with brain injuries. I pay for it, in more ways than one. Check it out. Coastline ABI knows the deal on brains!!!
Tell your friends and neighbors about Coastline ABI PROGRAM. . Tell your doctors and attorneys, too.
Update on my Wyndham brain injuries of January 2012?!
Nothing changes when nothing changes.
#CNA refused to provide medically necessary treatments since date of the brain injuries, making any injuries worse ….. #CorVel Corporation seems in collusion with callous failures to provide medically necessary treatments. ….and #WyndhamWorldWide #WORLDMARK continue to fail to intervene in the egregious breaches of fiduciary responsibilities.
Will more months on the “rest and wait and wait” program, sprinkled with a few more expensive evaluations with treatment recommendations for the defense to object to seems to be the continued strategies.
TEMP TOTAL DISABILITY payments were NOT made by carrier in 2012-2013 and instead of 104 weeks of TTD followed by State 52 additional weeks (since failures to provide medically necessary treatments did NOT manifest miraculous recovery in the first 3+ years)…actual weeks paid was not close to legal entitlement, hard to calculate as payments were regularly irregular, leaving injured worker nearly destitute. ..were it not for a purchased long term disability policy and early social security.
Last payment from carrier to Injured Worker was approximately May 2014. Next time you read an article suggesting that an injured worker “milks work comp…” Get the facts Jack and Jill! Roughly 80 percent of injured American workers LOSE their jobs, their health, their sanity, their homes, and their lives?! Complaints have been made to the State Controller, as there seems to be plenty of monkey business with taxpayer funds as well crossing state lines.
Ahhhh, the #GrandWorkCompFraud is alive in California and Illinois and New Jersey, for sure. Does that make it a federal offense?
What a criminal shame. Labor code required insurance company to provide immediate reasonable and necessary medical treatment. They have not, and clearly will not, until perhaps criminal investigations. If only the district attorney would do their job, injured workers, like me, and like you, would not have to endure the torture and terrorism of such organized criminal activities.
Naw, work comp is NOT broken. You know that and so do I. What’s next?
#WorkComp is everybody’s BUSINESS.
DEMOLISH #WorkComp? Start the trials and let the juries decide!
What would Sun Tzu do about The #GrandWorkCompFraud?
WE ARE THE MEDIA NOW. .. See you on LinkedIn, too. TWEET TWEET
Liz Ryan posts are so heart warming, and so Human! Thank you! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
http://www.humanworkplace.com/what-is-the-human-workplace/“Sticky Human Issues”“We specialize in high-stakes, highly Sticky Human Issues. We work with CEOs and their Boards on untangling and resolving delicate personnel issues. Our CEO, Liz Ryan, is an Expert Witness for highly fraught HR and employment matters. We consult on issues where human and business perspectives overlap, from lactation at work to mental health and substance abuse issues, C-level personnel problems and other sticky boardroom topics.”“Follow us on twitter: @humanworkplace “Liz Ryan CEO and Founder, Human Workplace521,385 followersPosts by Liz Ryan https://www.linkedin.com/today/author/52594
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ How to Repair a WorkComp Damaged Resume, Career, Brain and LIFE?! What do you recommend for injured workers, who may have lost jobs, or been on leave of absence without pay for 2, 3, 4+ years after a work place injury, wherein the employer’s vendors refuse to provide medically necessary treatments, causing also losses of homes, health, and creating permanent disabilities, with refusals to allow return to work, with or without accommodations? Just a quick comment, such as:
“1/9/12 to present WorkComp casualty; Unpaid LOA; Disabled; Mastering social media as self-procured vocational rehabilitation for #TBI while seeking national class action and employer Human Resources Policy transformation for handling work place injuries to minimize maiming and greater injuries to workers globally, and to reduce escalated costs to shareholders. Valiant efforts for Networking, Team Building, Self Help and Peer-to-Peer help; Resilient and tenacious attempts to return to work and to find medically necessary treatment despite denials by employer and insurance carrier; Optimistic expectations.”
It’s a market ‘niche’ of more than 50 million people in the USA alone, if they survive WorkComp. Many are forced to become ‘Freedom Fighters’ and ‘InjuredWorker Advocates’ while fighting for survival against some very sneaky and formidable foes. It hardly fits a ‘consultant’ or ‘volunteer’ capacity, and such legal atrocities often leave workers with permanent disabilities, unable to perform a fraction of prior abilities. A Work Injury can destroy more than a Resume. Many are forced to “reinvent” with a much smaller arsenal of business strategies and weaponry and basic skills. One of my slogans is, “If you can’t work, then blog”… Afterall, We are the Media Now. Your take on the plights of Injured Workers might be welcomed by an entire industry…. I would certainly share it in my networks… My employer is headquartered in Parissipany, New Jersey… An outreach by your firm could create an avalanche of good?! Carry on! You’re a much needed bright light in the Human Workplace. xooxox December 2012: Orthopedic Surgeons designated by WorkComp for Traumatic Brain Injury? D’oh! http://www.drjaudy.com/patient-testimonials/linda-a-testimonial/ My Posts….not so much in the heart-warming category…maybe better put in the cognitive dissonance inciting category…. LinkedIn Posts: linkedin.com/in/lindaayres311/authorASK ABOUT WORKERS COMP GRAVY TRAINS NOWhttps://askaboutworkerscompgravytrains.com/list-of-posts/
Then read on to see what LUCY OCCUPY SAID….and found….
Here’s the deal on #WorkComp and “Memory” and “Dementia” and “Brain Injury” ETC. It’s sheer corruption! It’s too brutal to be simply stupidity. IE:
Diagnosis: 854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing,, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive syndrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury, Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes (first 2 years)
If there really is an unwritten rule, as attested to in the InjuredWorker communities, that Carriers immediately terminate all benefits and launch guerrilla type financial terrorism upon diagnosis of brain injury, that can easily lead to ‘legal opinions’ by defense counsel that because WorkComp systems appear too complex for an injured worker, Court Appointed Conservatorship may be in order (to complete the kill?)
Immediate medical care is required for traumatic brain injury, closed head injury, concussion. MTUS recommends interdisciplinary teamwork, as does ACOEM and NIH. Ask any 7th grade kid about the brain and neuro-science!
Their doctors get the big bucks to recommend things like over the counter analgesics, not more than 17 chiropractic sessions first year, not more than 6 physical therapy second year, then, with Court order, a little acupuncture, rest and wait and wait and wait.
Wanna talk about increased risk exposure for dementia and premature death and epilepsy and the deal football players are getting diagnosed with?
Throw in WorkComp doctors who are paid to change dates of injury to use earlier diagnostic reports to substantiate ‘pre-existing’ conditions (i.e. move date of injury to 2013, use 2012 records to substantiate head injury by multiple doctors)….. and…have doctors to say things like “if there was a concussion, of course medical treatment would be necessary, but there was no concussion, no brain injury, and it was probably epilepsy” would be funny if it was not so darned criminally insane, huh? Or at least ‘fraudulently felonious”.
When teams of doctors with QME/AME designations consort in such a manner at the promptings/leadings of defense counsel, there’s a breakdown, huh?
“….If you can’t work, then blog!”
In fact, maybe it’s time for Committees of InjuredWorker Bloggers to organize panels to speak at the numerous WorkComp Conferences around the nation.
Those folks sure know how to conference in style, don’t they! Here’s a Speaker Proposal Deadline Looming…
Today’s issue of WorkCompRecap features the exciting announcement of the first-ever workers’ comp industry Twitter chat!A panel of industry writers, bloggers and subject matter experts (which somehow includes yours truly) will be joining subject matter experts from GENEX for a twitter-based discussion on Tuesday, February 10th at 2 p.m. ET. The conversation will cover a wide range of industry trends and topics, from managing complex claims, to regulatory issues, to big data, and beyond.Twitter users will be able to follow and participate in the conversation using the hashtag #workcompchat, and even if you don’t have a twitter account, you can still follow along by going to bit.ly/workcompchat! Follow us on Twitter here: @Work_Comp_WireFind out more by clicking here!