WorkComp Litigation vs Mediation for Mitigation of Losses of Life Liberty and Pursuit of Happiness

“Why, then, does the industry push claims into litigation?” – David DePaolo, WorkCompCentral.com

Is that a trick question, David? Hint: It’s the business model of profits before lives, by any means necessary, without fear or caution.

Lucy Occupy Says:  “Collect a national list of Mediators with WorkComp expertise – and share with Injured Workers in every state.  That may reduce costs and save lives!  #OccupyVirtually!   #Blog4TheWorkCompCures  #RomanoSyndrome  because WE ARE THE MEDIA NOW!!!  Blog on!”

Nurse Sue Says:  “Everyone needs to eat, sleep, move, eliminate, and be comfortable; hence everyone who engages in a healthcare encounter should be assessed by a nurse.”

DePaolo BlogSpot WHY FOR ATTORNEYS 1 18 2016
Read the entire article here http://daviddepaolo.blogspot.com/2016/01/why-for-attorneys.html

As to your guess that “Litigation involves a minority of claims…” that sounds like DIR stats?

Perspective from the Streets of Work Comp indicate it may be because attorneys alleging to represent injured workers are not litigators, they fail to represent and protect, in some States, ‘for over 50 years’ leading to tremendous unrest and sentiments such as:

under the bus

They can be file churners playing the numbers game and by working hundreds of files, paying little no attention to any specific case, the average attorney may make some money after the squeezed injured workers — denied medical care for years, and denied TTD benefits for years, give up and settle when at death’s door.

Mayor Betsy in Fort Worth came to the aid of one of her injured police officers, very publicly! Remember how she incited some investigations to Corvel’s alleged practices of harassment and intimidation last year? Let’s hope their Unions back them.

In LA, LA Times seem to be biased and writes regular periodic stories about Cops and Firefighters caught exercising or whatever while on the rest and wait and wait and wait for medical care programs of the CA WorkComp systems. They play ‘blame the victim’ that they don’t return to work for years…. but without medical care, few injured workers do get to return to work.

I hope your panel discussion on The Demolition of Workers Compensation at the CAAA Winter 2016 Conference went well, and that y’all discussed the harsh and horrible realities of WorkComp, and the failures of CA attorneys to adequately protect injured workers. More importantly, let’s hope you and the panel incited discussion of ways that they can indeed begin to protect injured workers.

Injured Workers, in the interim, will work to #Blog4TheWorkCompCure and for the cure for  #RomanoSyndrome!

EVEN NURSES ARE BLOGGING FOR THE CURES!

  1. Linda Ayres

    Thank you Sue Naylor Clark! You do tell it good! I will put it to good use! It could help in the world of WorkComp! “Everyone needs to eat, sleep, move, eliminate, and be comfortable; hence everyone who engages in a healthcare encounter should be assessed by a nurse.”

Sorry CAAA wouldn’t let me in to either the exhibit hall or your panel, and the contempt and disdain my request to them was met with… was unforgettable and … unforgivable. I met some very wonderful people there in 2014, when I was courteously given an Exhibit Hall pass and Guest Badge.

Anonymous for most of history was a woman

“INJURED WORKERS VERBOTEN” at CAAA Events, it’s just the rules?   How an organization does one thing, usually exemplifies how do everything. Remember when women were kept out of private “good ol’ boyz” clubs?   Are we looking at age, gender, disabilities and economic status discrimination by the private clubs of CAAA that allege to protect Injured Workers?

Time for change for the next 50 years, imho.  How many members of USA attorney associations  quietly decline to represent injured workers when 1, 2, 3, 4 or more of their fellow CAAA members “DIDN’T DO THEIR JOB” or “DIDN’T PROPERLY DEVELOP THE MEDICAL RECORDS.”   Those letters of ‘non-engagement’ countless injured workers seeking competent legal counsel  receive do sound fancy, but they are just more evidence of a pathetic CYA mentality of too many members of CAAA, from a Workers Comp Street Perspective.

 

WELL BEHAVED WOMEN SELDOM MAKE HISTORY

I’m making my list of CompLaude 2016 Nominees, and keeping a side list of that ‘other’ group. What’s the membership count of CAAA? That’s how big the ‘other’ list is so far.  It’s time to:

Dodge Rads Now

RESTORE CIVIL RIGHTS AND HUMAN RIGHTS TO INJURED WORKERS NOW

Conduct some DOJ Investigations into reports of Domestic Torture under the banner of Workers Compensation.

Watch for a series of Injured Worker Videos…. from across the nation.

Content worthy of ProPublica Demolition Teams further investigations.

Please stand by.

WE ARE THE MEDIA NOW

 

herd cliff

WE ARE THE MEDIA NOW

 

“SMFH – WorkCompsters Exposed” — KISS KISS — #JustWhistle

Final Appeal to CAAA For Assistance Fighting WorkCompsters - Concussion, TBI, PTSD, WCAB and WTF

Linda Ayres

Wyndham Worldwide – Disabled by WorkCompsters

Final Appeal to CAAA For Assistance Fighting WorkCompsters – Concussion, TBI, PTSD, WCAB and WTF

.

Ladies and Gentlemen and Others of the WorkCompster Industries:

“Perseveration” is apparently a consequence of Concussion/Traumatic Brain Injury.  This post got longer than anticipated, but if you’re in the industry, or know someone who is, or if you are an InjuredWorker, take 5 minutes and peruse it, then share it with someone, even with a subject line of “SMFH – WorkCompsters Exposed”

It may come in handy down the road.  Thanks.

BACK STORY:

#InjuredWorkersUniting  #SilentNoMore  #OccupyVirtually #WATMN

Years ago, I volunteered in a goodwill effort with and for Convicts in America’s Maximum Security Penitentiaries. It was called “PRISONERS UNANIMOUS — EMBRACING ALL PLANETARY PRISONERS”  Maybe you heard of it?

Check FOIA, they probably have several CDs including my visits to penitentiaries across America, and my communications with a handful of government officials, goodwill organizers, friends and families of prisoners, and approximately 1,000 Convicts across America.

I think I was the second woman “in history” to “walk the ranges” at USP Marion Federal Penitentiary, back in the days when it was deemed ‘the worst of the worst” prisons, surpassed today by, so I hear, the likes of Pelican Bay.  It was after allegations of a “full scale Nazi-type of retaliation attack” on the entire Convict population.  I was corresponding with several of the Convicts listed in that dreadful “Public Report.”  I sent copies everywhere, including Amnesty International in Vienna, where they allegedly WATCH for human violations in the Americas.  Hmph.

The Guys and I established an “8 o’clock, local time” prayer network when they educated me about how deplorable America’s “Corrections” system is.  Now, privatized prisons are a bigger part of the “PROFITS BEFORE LIVES” industries.  Some of us still link up, no doubt.

The guys told me how bad things were, and said I was very brave.  They said the prison systems in America are very dangerous, and that I had better think long and hard about touching it.

They told me, “Lady, you better know what you’re willing to die for, because you might well be asked to do so if you get involved in attempting to facilitate change.”

They further advised, “Lady, we Convicts are not the problems in your country. We are the end result of the problems in your country.  If you want change, you have to go Washington.  That’s where the problems are.”   (There is something far more polite and respectful from a Convict calling a correspondent “Lady” than the pretentious “Ms. Ayres” used by defense and psychopaths, wouldn’t you agree?)

Those words reverberate in my head as if they were yesterday. I have never forgotten those haunting words.  As a Survivor of WorkersCompensation today, I know ever more how true they are.

IT’S A GRAVY TRAIN!

ONWARD:

#WorkCompsters have made that choice easier today.  They have already taken my life. 

Too often, Injured Workers make poor choices in efforts to retain competent legal counsel, much to the detriment of the Injured Worker.

This is often not discovered by injured workers until the 2nd, 3rd or 4th attempt to retain competent counsel.

Including THIS warning in every employee new hire packet, and every Human Resources orientation in California could save lives.

Till then, tell your friends and neighbors, and tell them to tell theirs. WorkComp Kills, without consequences to anybody but the Injured Workers and their loved ones.

Many Injured Workers have even sought the help of ACLU and NLG, to no avail.

We are, however, grateful for the organization, NAIDW.org, National Association of Injured and Disabled Workers, for the encouragement, resources and support they provide, and having been providing for many years. “No Injured Worker Left Behind” Semper Fi, Y’all!

We like a few of the industry bloggers who do their best to do their best for the highest good of all concerned.   Cognitive Dissonance seems to be kicking some butt in that arena, wouldn’t you agree?

Bravo to ProPublica for being a catalyst for discussion and possible change. Bravo to WorkCompCentral for relentless efforts at education and inciting legitimate discussions about the need for national discussion and change.

Let’s get beyond “PROFITS BEFORE LIVES”…. let’s incarcerate a few psychopaths for maiming and  killing injured workers, too, shall we?

It matters not if the killers are making $250K a year, or $10.7 million or more a year.  With proper trials first, of course.  FBI and DA and DOJ  need to better orchestrate their efforts, ya think?

Crime is Crime, and CRIME SHOULD NOT PAY IN AMERICA.

For personal assistance in my own, but common,  horrific case on non-stop abuse of a permanently disabled-by-untreated-brain-injury-and-various-acts-of-legal-chicanery-and-file-churning, older female worker, a local crisis center sent a Marine to help me last year.  The Marine Social Worker, kind, fierce and very helpful.

MMI neuro-psychologist report recently received (and posted!)  says my future medical needs include similar support, with probability of needs for assisted living and ‘memory care’ for my shortened life span, shortened due to WorkCompsters and corruption, involving many unclean hands. Hmph, Some “Grand Bargain, California!”

Legitimate doctors in 2012 made legitimate and conservative recommendations for medical care, denied. Had treatment not been denied by the defense counsel (not doctors, just defense lawyer and adjuster for 2012, till 2013 came along for the extreme profits of CorVel to obfuscate facts with intent to deny medical care.)  return to work might have happened in 2012.

After threats from defense counsel, then PTP released me to work with accommodations, which were denied in October 2012.  Things got worse from there, without medical care.  I have been fighting to return to work for years, to no avail.

I have endured being penny-less, relying on The Salvation Army for utilities,  filing for social welfare due to carrier arrogant practice of denials of payment of TTD, “because they could” (and they were rewarded handsomely by EDD for refusing to pay in 2012/2013 and for refusing to provided medical care.  Now, SSA is involved in the charades and chicanery, and trying to sort it all out.

Is it a felony for carriers to provide SSA and EDD with false evidence of benefits paid with intent to deny SSA benefits?  Seems to be part of a set of RICO violations, wouldn’t you think?

Yet evaluations upon evaluations upon evaluations have been performed by approximately 38 doctors (ca-ching, no care, just primarily report regurgitations written  by non-medical staff, signed by doctors, paid the big bucks).

TeamCorvel includes approximately 20 more, and ol’ Maximus comes in with just one.   (There’s a full blog, with names; see the index athttps://askaboutworkerscompgravytrains.com/list-of-posts)

While we are at it, omission of medical records and obfuscation of facts seems facilitated by the silly “chronological” ordering of medical evidence, rather than by specialty, then by chronological order.   Carrier in my case gets charged by most doctors 4-8 hours for “organizing the records”…. and maybe it’s not all the signing leased doctor’s fault their non-medical staff do things like change the date of injury to a year forward, then use first year medical evidence to falsely opine “pre-existing” symptoms.  D’oh.  Number of hours spent during an evaluation are often “inflated” and far worse, totally fabricated!

The majority of Lawyers don’t seem to care.  They  shrug say ‘their hands are tied” (and “their lips are sealed?!!!”)  Others have told me “Too much fraud in your case, it’s over my head” and “Too many people didn’t do their jobs, there’s no money in it for me”….

One interviewed actually had the audacity to ask, after pages of questions had been answered, “One more question, tell me, why did you wait over 2.5 years for medical care for a brain injury?”  D’OH!   That didn’t even merit a final response, and that attorney came HIGHLY RECOMMENDED.

Here’s my story, again.  Date of witnessed slip and fall backwards on ice, resulting in Concussion/Traumatic Brain injury 1/9/12 while working for Wyndham Worldwide.

The blogs. ASK ABOUT WORKERS COMP GRAVY TRAINS, began in the Summer of 2013, and continue as the only means available to fight for my life against the widely known corruption of the national WORKERS COMPENSATION SYSTEMS.

This quote is meaningless in California’s WorkComp corruption rackets, is it not?

“Every worker in California is protected by state laws governing the right to be paid correctly, be safe at work and receive benefits if they are injured on the job,” – Christine Baker
https://www.dir.ca.gov/DIRNews/2014/2014-75.pdf

And there is no means of enforcement for the Fraud Warnings, now is there? http://www.dir.ca.gov/dwc/FraudWarningNotices/FraudWarningNotices2013.pdf

What kind of system do YOU profit by that requires someone with a brain injury to represent herself because your colleagues (4 of them) could be found guilty of ABA Ethics Violations and Incompetent Representation?

Due to your accepted CA  legislated fraud regulations, and your “2 attorney” superstitions, Injured Workers bear the brunt of the lack of expertise of your crowd/CAAA memberhips.  This also allows Defense Firms to claim the title ENEMIES OF INJURED AMERICAN WORKERS.

How many injured workers retain and dismiss multiple attorneys, as the corruption is tolerated by those retained to protect injured workers? How many injured workers in California, and in America, must represent themselves due to the failure of the ABA crowds?  Some have said that more than 15% of Injured Workers are InProPer…. probably as a last resort, not a first.

Why do your various profit centers/industries refuse to work with InProPer Injured Workers, and why do your industry leased/owned doctors seem so puzzled, baffled and perplexed by the legality of an Injured Worker self-representing? Why do the medical office staffs believe they can ONLY TAKE ORDERS from the Adjuster or Defense Firm?

IS THIS SIMPLY ANOTHER CASE OF “FOLLOW THE MONEY?”

When incompetent and worse attorneys can be allowed to be rewarded for causing harm to an injured worker, how can that be good for anybody?

If WorkComp Mill attorneys  have a “case load of 300 clients”…with wishing and hoping that somebody drops dead for some ultimate pay-off for the attorney, how does that help an injured worker get medical care, benefits, return to work and settlement?

Why do employers condone such malicious unconscionable behavior of denials of medical care, benefits, and bullying and all sort of acts of terrorism, experiments, surgeries, poisoning and worse by insurance companies? What good can a WorkComp attorney do?

I even asked a WCAB Judge for permission, as stated is possible on the WCAB recommended reading, to retain an attorney to consult with, on an hourly basis.

Alas, not only did the Judge tell me he would not hear the F-words in his court room, (Felony Fraud with intent to deny medically necessary treatment), he sentenced me to fighting for my life with every ounce of courage and strength and stamina I can muster, fighting organized crimes that EVERY ONE OF YOU ARE FULLY AND COMPLICITY AWARE OF.

But wait, the Team of Four don’t have all the blame.  Defense counsel says it’s all my fault.  Hmph.  He even suggested I consider a Court Appointed Conservator since I am having such difficulty maneuvering the WorkComp system, with denials of medical care, fraudulent reports, unresponsive law enforcement and more.  The Carrier’s Fraud Department called, as most of you know, last Fall and made it very clear he did not care one iota that I had not received medically necessary and recommended care, and the conversation concluded when he said, “So, tell me Linda, when ARE you going to die?”

Some things I read on LinkedIn indicated the Employers are responsible for the bullying and terrorism of their vendors. Wyndham Worldwide was immediately apprised of the horrific bad faith and breach of fiduciary responsibility, and outright disgustingly mean thing to say. ( Intent of the caller? A “medicated worker” might have been compelled to irreversible action by such ‘poor customer service’, wouldn’t you agree? )

How many members of your CAAA organizations have been approached, recommended, took time to evaluate the merit and financial possibilities of helping THIS injured worker?  You know my name now.  I have spoken with many of you.  Your declines to help have most always been cordial, except when they weren’t.  Just so y’all know, A BRAIN INJURY IS NOT THE SAME AS A BROKEN FINGER, NOR IS THE TREATMENT THE SAME.

Watch the upcoming movie “Concussion” and then ask yourself and your partners how legitimate could it be for an insurance carrier to refuse to pay TTD, provide medical care, and embark on a mission of terrorism and destruction to an injured worker, coincidentally, UPON DIAGNOSIS OF BRAIN INJURY.

The Defense Firm treats me like they pretend to have  I & A Officers and  Judges in their pockets, as my ADA rights are consistently violated at WCAB-Riverside, and my Civil Rights.

Think about how many of YOUR clients have been sent to merely Orthopedic Surgeons or Chiropractors for TRAUMATIC BRAIN INJURY?  See the current list of names all the 40 doctors I had been sent to, and all the CorVel and Maximus “physician advisors” and team members.  In the olden days, they might have all been called, “Sonderkommando”….   Don’t get me wrong, there are a few good doctors in that list of 40, and they will be nominated in the upcoming CompLaude Awards.  The others will be nominated to the naughty list for possible inclusion in the ProPublica national efforts.

MY EMPLOYER DOES NOT CARE.  DOES YOURS? DO YOU?

I have many of your polite Non-Engagement Letters and I am weary of bothering with your ilk.  You are as much a part of the WorkComp problems as are the criminal doctors and lawyers.  Perhaps Sophie Scholl is kinder in her description of your ilk:

So, if you are willing to discuss courageous representation of THIS INJURED WORKER, Case ADJ818190, Linda Ayres Vs. Wyndham Worldwide et al, please let me know at your earliest convenience.

I can be reached at WorkCompLinda@gmail.com or phone 760 368 7236.  If I don’t answer, please leave a message. “I AM INJURED, NOT STUPID!”  I do have auditory and visual processing impairments (untreated, of course).  I prefer electronic mail as an ADA accommodation (that defense continuously disregards, while apparently perjuring with proofs of service to cause significant delays and further harm).

The forensic psych AME suggested that if I have Human Rights Violations Complaints that I “take it to The Hague”…..  Well, maybe that was only reasonable thing he had to say.

That’s a “Fukushima Rose”…. (3.11.11)

Read “The First Leaflet” then commence Blogging!  America needs a fresh #CommitteeOfBloggers, wouldn’t you agree?

“Do Not Walk Quietly In This OPEN AIR AUSCHWITZ!”

“….Highest Recorded #Radioactive City in #America this week”

“A new and unfamiliar Leader this week in the race for the Most Radioactive Weather in America is Ft Wayne, Indiana with 1,326 CPM. Congratulations to Ft Wayne, IN as the Most Radioactive City in America this week.Other competing cities for the title were not even close…..”    Your Radiation This Week No 20

Have a wonderful radioactive weekend and remember to Dodge the Rads, it’s dangerous out there!

#WATMN  #WorkCompsters #InjuredWorkersUniting #SilentNoMore #JustWhistle

WE ARE THE MEDIA NOW  

Surviving WorkComp — JUST DO IT!

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

Linda Ayres

Wyndham Worldwide – Disabled by WorkCompsters

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

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

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

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

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

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

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

CNA Insurance | LinkedIn

cnainsurance

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

Wyndham Worldwide

Hospitality   10,001+ employees

 

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

TO THIS:

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

2 of 3 WorkComp MAGIC Money Math or FOLLOW THE MONEY on the WorkComp Gravy Train

xmas naughty or nice

WorkCompCentral 4th Annual CompLaude Awards Gala is coming up…. Mark your calendar for Saturday, December 5, 2015.

BTW, August 31, 2015 is the deadline for submissions of YOUR nominees for the WorkCompCentraCompLaude Awards. After the recent news about Director Christine Baker, it seems that the need for your to dig deeply into your database to find good people doing good stuff in America’s work comp system has never been greater.  Here’s the link again.

On the who’s been naughty and who’s been nice, WorkCompCentral has the ‘nice” list being covered, and looks like ProPublica and #InjuredWorkersUniting will simply have to continue cover the ‘naughty’ lists and enlist support, #TEO!

CompLaude 2015 Nominees

For Injured Workers, the need has never been greater for us to tell our stories. We need a #CommitteeOfBloggers.  Tell your story to the good peeps at ProPublica…..they may not be able to get the whole truth out there, but they’re doing a damn good job creating some cognitive dissonance.   Look ’em up under The Demolition of Workers Compensation and find the link to SHARE YOUR STORY aobut “What Happens When Americans are Hurt on the Job? Help ProPublica Investigate” because, afterall, WE ARE THE MEDIA NOW.   #InjuredWorkersUniting  #SilentNoMore.

xmas naughty or nice

HAVE YOU BEEN ALSO BEEN CHEATED OUT OF DISABILITY BENEFITS AS WELL AS DENIED MEDICAL CARE FOR YEARS, CAUSING PERMANENT DISABILITIES TO YOU, TOO?   WE’RE NOT ALONE.

NAIDW 54 million plus

BUT WAIT! THERE’S MORE!   AM I MISSING SOME CALCULATIONS HERE??!!!  NOBODY AT EDD/SSA/CNA/MATRIX/ADVOCATOR/WYNDHAM SEEMS TO BE ABLE TO HELP OUT EITHER.  IT’S IN THE ‘TOO HARD’ PILE EVERYWHERE….

The skewed and repeatedly mis-stated numbers have Social Security Administration in a super quandry over retroactive Social Security Disability benefits.  First, they sent $_____________ to a dead bank account, and the Treasury Department kindly intervened.  Then they sent a letter saying, whoooops, miscalculated, send us back $______ (more than the original amount) within 30 days, or else we’ll terminate all your benefits, but you can appeal it.

.

Then it was discovered they generously overpaid the law firm by $1,500 which was reimbursed immediately in June back to SSA, but SSA had apparently just processed that repayment, so they sent a follow up letter acknowledging the reimbursement and reduction in the demand for funds from Injured Worker by same amount.

.

Weeks have passed and SSA has been unable to return calls to the Advocator handling the case.  The time to appeal is fast approaching, hence, this outreach via the internet.  ARE THERE ANY FORENSIC ACCOUNTANTS OUT THERE?  OR CAN THE STATE CONTROLLER’S OFFICE HELP?    (3 OF 3 WILL FILL IN THE BLANKS ON AMOUNTS FOR SSA/EDD/CNA FIASCO…IT’S A TOUGH SHELL GAME TO FIGURE OUT—–> PARTICULARLY WITH A BRAIN INJURY.

.

I JUST KNOW IT AIN’T RIGHT….  and it’s in the “too hard” pile on too many desks, another example of ‘obfuscation of facts’ with intent to deny benefits and further harm injured worker?  Sure looks like it, huh?  Not even experts can sort it out.

SOCIAL SECURITY FOLLOW THE MONEY TRAIL

CNA aka American Casualty refused to pay TTD from 4/15/12 – 2/14/13 — and there are extenuating circumstances involving not only WCAB Courts, but Information and Assistance Officers and EDD parties.  Adult Protective Services, State Senator and Assemblyman’s office helped to break the stranglehold that resulted in Injured Worker having to apply for Social Welfare, Public and Private Assistance, including help from the Salvation Army for utilities in early 2014 because of this practice which is apparently “done all the time” according to CNA Adjuster, Daniel Elliott.

.

Reimbursement discount was ‘negotiated’ by defense firm with EDD, apparently without any State oversight, and a Judge on appeal said it was ok.  Apparently, some Judges think it’s ok for the State to give away taxpayer dollars to big insurance companies.

[Yikes, CNA has racked up some penalties, haven’t they?  Is there anybody enforcing these rules?]

 Amout Period Issue Date
1/9/2012 1/21/2012      1,304.30 2 1/20/2012
1/23/2012 2/5/2012      1,304.30 2 2/3/2012
2/6/2012 2/19/2012      1,304.30 2 2/16/2012
2/20/2012 3/4/2012      1,304.30 2 3/2/2012
3/5/2012 3/18/2012      1,304.30 2 3/15/2012
3/19/2012 4/1/2012      1,304.30 2 3/29/2012
4/2/2012 4/15/2012      1,304.30 2 4/12/2012
!!!!!!!!!! !!!!!!!!  !!!!!!!!!! !!!!!! ____ Weeks Late; 25% penalties +++
2/15/2013 2/28/2013      1,298.82 2 2/27/2013
3/1/2013 3/14/2013      1,298.82 2 3/13/2013
3/15/2013 3/28/2013      1,298.82 2 3/27/2013
3/29/2013 4/11/2013      1,298.82 2 4/10/2013
4/12/2013 4/23/2013      1,298.82 2 4/24/2013
4/26/2013 5/9/2013      1,298.82 2 5/8/2013
5/1/2013 5/23/2013      1,298.82 2 5/22/2013
5/24/2013 6/6/2013      1,298.82 2 6/5/2013
6/7/2013 6/20/2013      1,298.82 2 6/19/2013
6/21/2013 7/4/2013      1,298.82 2 7/3/2013
7/5/2013 7/18/2013      1,298.82 2 7/17/2013
7/19/2013 8/1/2013      1,298.82 2 7/31/2013
8/2/2013 8/15/2013      1,298.82 2 8/14/2013
8/16/2013 8/29/2013      1,298.82 2 8/28/2013
8/30/2013 9/12/2013      1,298.82 2 9/11/2013
9/13/2013 9/26/2013      1,298.82 2 9/25/2013
9/27/2013 10/10/2013      1,298.82 2 10/9/2013
10/11/2013 10/24/2013      1,298.82 2 10/23/2013
10/25/2013 11/7/2013      1,298.82 2 11/6/2013
11/8/2013 11/21/2013      1,298.82 2 11/12/2013
11/22/2013 12/5/2013      1,298.82 2 12/4/2013
12/6/2013 12/19/2013      1,298.82 2 12/18/2013
12/20/2013 1/2/2014      1,298.82 2 12/30/2013
1/17/2014 1/30/2014      1,298.82 2 1/29/2014
1/31/2014 2/13/2014      1,298.82 2 2/12/2014
!!!!!!!! !!!!!!!  !!!!!! !!!!!!! ___ Weeks late; 25% penalties +++
2/14/2014 4/24/2014      6,494.10 9 4/18/2014
4/25/2014 5/8/2014      1,298.82 2 5/7/2014
   49,393.52 75
 C NA PAID TO IW WEEKS PAID
104 weeks per Labor Code, weekly rate questioned, but at $1,298.82 x 52 checks = $67,538.64
C N A  Reimbursed $31,400 to EDD on 4/29/14  for paying IW $49,49,422 from 2012-2013 because C N A refused to despite Court demand:
 $       31,400.00 = 24.17579 weeks 99/weeks  effective payment?
Lump Sum Permanent Disability Advance
$5,000 1/30/2015 (subrogated by private LTD carrier?!!)

52 additional weeks of disability benefits to have been provided by the State, when the WorkComp system fails after the first 104 weeks, would have meant an additional benefit of 52 weeks x $961/week or $49,972.

So, if CNA had paid 104 weeks at  $649.41 (eow check $1298.82) that would have been:  $67,538.64

And if EDD has paid 52 weeks at $961/week that would have been:   $49,972

Not counting the extreme hardships caused by months of non-payments by anybody, the total TTD benefits that were due between 1/9/12 and 1/9/15 seem to be around about $117,510.64    Injured Worker was actually paid 49,393.52 from CNA and $49,422, for a total of $98,815.52 for the 3 years (approximately $33K, that came in sporadic payments, causing extreme stress and hardship).  

.

This appears to be a shortage of $18,695.12 (yikes, how close is that to the reward CNA received from EDD for refusing to pay TTD and for refusing to provide medical care?  Is that a mere coincidence?   These numbers alll jumble all over my brain.   Social Security Disability was awarded in May 2015, with retroactive pay back to date of injury, 1/9/12, with the 6 month waiting period to 7/2012.  

.

This is where it gets real real fuzzy…. that will be documented, with PDFs of all of ths in 3 of 3 – WorkComp MAGIC Money Math…  

.

This seems to happen all the time, to many injured workers…..nobody seems to know how the sad tales end.  

.

You’ll know how this one ends, count on it!  Maybe you will even read about it in a ProPublica Report!  ;D

Back pay caper of May 2014 RE WC from SSA print out
2/14/2012 $1,676.96
2/28/2012 $1,304.30
3/13/2012 $1,304.30
3/27/2012 $1,304.30
3/31/2012 $372.66
4/15/2012 $1,397.47
4/16/2012 $712.80
5/17/2013 $6,865.19
7/30/2013 $3,803.68
10/12/2013 $742.18
10/4/2013 $6,123.01
12/25/2013 $6,865.19
3/4/2014 $4,082.01
1/19/2014 $2,319.32
5/8/2014 $6,030.24
C N A paid me $44,903.61
EDD paid approximately $47,922.00 difference EDD gave to C N A, not IW
EDD discounted back to C N A, collecting: $31,654.00 $16,268.00
  of the $31,654 EDD sent me approximately ($21,000.00)
C N A  5/8/2014 Notice states they paid a total of $82,092.04 – they did not.  See above and figure in discounted payback to EDD
See also 9/23/14 statement from C N A Weeks * $
1-9-2012 to 4-15-2012 TTD at $652.15 per week 13 weeks 8477.95
2-5-13 to 5-8-14 TTD at $649.41 per week 38 weeks 24677.58
Reimbursed EDD for period of 1/28/2012 – 3/4/2013 for a total of $31,400. 48 weeks 31171.68
Fred Sachs, C N A 64327.21
99 weeks
C N A alleged total paid $82,092.04 for 1/9/12 – 5/8/14 $82,092.04
C NA  alleges “We have paid the 104 weeks of benefits”
(law says 104 weeks + additional 52 by EDD afterwards as required)
THE MATH DOESN’T ADD UP

The question arises, how many unclean hands did that “negotiated discount” pass through before making it’s way back to EDD?  If this is done all the time, how many times must that discounted $18,000 be multiplied to determine how much money leaves the State in favor of Insurance Profits??

.

If every State provides such “negotiated discounts” (aka “kickbacks”??!!)…. how much money is lost by such cost shifting by the State?

.

Further cost shifting involves shifting to Social Security Administration, also implicated in this convoluted mess, and they are spending weeks and weeks and weeks of labor hours trying to sort out the calculations.  See below for more on that.  Treasury Department has even had to become involved in May, and will likely need to jump in again before all is said and done?

WC SHELL GAME TIMES HOW MANY INJURED WORKERS

According to the State of California Department of Industrial Relations, here’s the ideal regarding Temporary Disability benefits:

http://www.dir.ca.gov/dwc/TemporaryDisability.htm

But wait!  Is CNA aka American Casualty, THE ONLY INSURANCE CARRIER WITH SPECIAL PRIVILEGES AND DISCOUNTS afforded by DIR no matter what harm is caused to California Injured Workers?  Have any politicians approved these little … what do we call it…. incentives???

.

Here’s what they say about attorneys:  http://www.dir.ca.gov/InjuredWorkerGuidebook/FAQsAttorney.pdf   (The warnings are quite inadequate–InjuredWorkers will create some new information for those new to the system. If you make a mistake retaining an attorney who freely violated the ABA Code of Ethics, you’re in for an awful ordeal, and they hang on like leaches to a file, preventing legitimate/competent attorneys from taking over their messes.

.

The In-Pro-Per community is a market overlooked by most WorkCompsters…. #InjuredWorkersUniting — perhaps with teams of Paralegals, the WarOnWorkers can be won, SunTzu style, with a Rag-Tag Army of Injured and Disabled Patriots and Others.  Just sayin…THINK OUTSIDE OF THE WORKCOMP GHETTOS.

.

See the gaps in which CNA failed to pay a Wyndham Worldwide Injured Worker? Does that mean 25% of each late payment, up to $10,000 is now due and payable, with sanctions?  Who absorbs that extra cost?

.

That looks like 45 weeks and 4 days?  So would that would be 25% of…. ($1298.82 divided by…. times 45… no, times 22.5 which equals $29,200) so 25% of $29,200, or $7,300.  Is that correct?  So, if you multiply a practice of cheating injured workers like that times how many million injured workers are there, the plot thickens, huh?

.

There’s a rule about penalties for failures to reimburse medical miles which CNA also scoffs at.  Complaints have been filed repeatedly with the Audit Unit; hopeful that Wyndham/CNA’s turn is coming up soon on auditors.   Out of pocket medical expenses for this injured worker have exceeded $43,000.  It seems to be a standard that injured workers who are able to, will often spend more than $50,000 in personal funds to survive the WorkComp system.  Some grand bargain, huh?  Wish for WorkComp only on your most despised enemies, huh?

.

“TD payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Payments must be made every two weeks. Generally, TD stops when you return to work, or when the doctor releases you for work, or says your injury has improved as much as it’s going to.”

.

APPARENTLY NOT IN CALIFORNIA!  Does the State Controller know how EDD assumes risks for insurance companies then deeply discounts payback, which also deprives Injured Worker of the additional 52 weeks of State Disability, assuming that the first 104 weeks without medical care failed to result in employee death?

.

If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment”   Ooooops, last TD payment was when?  Shown as 5/8/14?   Does that mean that some sort of estimated PD vs. receiving nothing for months and months and months was due?  

.

Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Here’s the revised Chapter 5, How it Works     TEMPORARY DISABILITY BENEFITS

What happens if I don’t get my payments on time?

Is the claims administrator required to pay a penalty for delays in TD payments?

“Is the claims administrator required to pay a penalty for delays in TD payments? It depends. The claims administrator must pay you an additional 10 percent of the payment, if: • The claims administrator sends a payment late; and • You filed a claim form for your injury more than 14 days before the payment was due. This is true even if there was a reasonable excuse for the delay. However, there’s no penalty if the claims administrator can’t determine, in the first 14 days after your employer learned about your injury, whether TD benefits must be paid and sends you a delay letter as explained above. You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay…”

When do TD payments end? TD payments end when:

• Your treating doctor says you can return to your usual job (whether or not you actually return to work); or

• You return to your usual job or to modified or alternate work at your regular wages (or at wages associated with a maximum limit on TTD payments); or • You have reached a point where your condition is not improving and not getting worse. (When this happens, your condition is called “permanent and stationary.”); or

.

• You were injured on or after January 1, 2008, and received up to 104 weeks of TD benefits within five years from the date of injury, or you were injured sometime on or after April 19, 2004, through December 31, 2007, and received up to 104 weeks of TD benefits within two years from the start of payments. (Workers whose injuries involve acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, human immunodeficiency virus, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, or chronic lung disease may receive up to 240 weeks of TD benefits within five years from the date of injury.)

.

When TD payments end, the claims administrator must send you a letter explaining why the payments are ending. The letter must list all TD payments sent to you. This letter must be sent within 14 days after your final TD payment. If your treating doctor says that you will never recover completely, you may be eligible to receive permanent disability benefits or a supplemental job displacement benefit. See Chapter 7. Permanent Disability Benefits, and Chapter 8. Supplemental Job Displacement Benefit  [Ooooops, CNA didn’t do that either…. ]

.

[Yikes, CNA has racked up some penalties, haven’t they?  Is there anybody enforcing these rules?]

.

http://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter7.pdf

.

“What are permanent disability benefits?”

“Most workers recover from their job injuries. But some continue to have problems. If your treating doctor says you will never recover completely or will always be limited in the work you can do, you may have a permanent disability. This means that you may be eligible for permanent disability (PD) benefits. You don’t have to lose your job to be eligible for PD benefits. On the other hand, if you lose income because of a permanent disability, PD benefits may not cover all the income lost.”

.

“Other Benefits Besides PD If you have a permanent disability, you may also be eligible to receive: • Medical care for your injury, described later in this chapter. • A supplemental job displacement benefit. To learn about this benefit, see Chapter 8. • Other financial help, such as Social Security disability benefits and benefits offered by some employers and unions. To find out about these benefits, use the resources in Chapter 9”

.

When do I receive PD payments? If you have a permanent partial disability, you are eligible to receive the total amount of your PD benefits spread over a fixed number of weeks. If you have a permanent total disability, you are eligible to receive PD payments for the rest of your life. PD payments are due as listed below, except as follows: If your employer offers you work that pays at least 85 percent of the wages and benefits that you were paid at the time of injury or you are working in a job that pays at least 100 percent of the wages and benefits that you were paid at the time of injury, you will not receive PD payments until after a workers’ compensation judge approves a settlement of your case or decides on the PD benefits you will receive. If neither of the above is true:

If you were receiving temporary disability (TD) benefits, the first PD payment is due within 14 days after the final TD payment.

• If you weren’t receiving TD benefits, you should receive the first PD payment within 14 days after the claims administrator learns that you have a permanent disability caused by your injury. After the first payment, PD benefits must be paid every 14 days. PD payments end when you reach the maximum amount allowed by law or when you settle your case and receive a lump sum. Note: This lump sum is reduced by the PD benefits that you already received, including any lump sum advances.

Is the claims administrator required to pay a penalty for delays in PD payments? Yes. If the claims administrator sends a payment late, he or she must pay you an additional 10 percent of the payment. This is true even if there was a reasonable excuse for the delay and even if the claims administrator sends a letter explaining the delay. (Note, however, that this penalty is not required if you did not file a claim form for your injury.) You could be awarded a total of 25 percent of each late payment, up to $10,000, if there was no reasonable excuse for the delay.

#################################

GRAVY TRAIN WRECK

EDD PICKED UP THE COSTS FOR TEMPORARY DISABILITY BENEFITS FOR THIS INJURE WORKER BECAUSE CNA REFUSED TO PAY TTD, ALTHOUGH AGREED UPON IN A COURT HEARING.  THE ADJUSTER INDICATED THAT THEY DO IT ALL THE TIME.  REALLLY??  THE INFORMATION AND ASSISTANCE OFFICER COULD ONLY SAY, ‘Look, the order says they would resume paying “if necessary” so apparently your Dr. Ponton didn’t think it was necessary.”  Really, he continued to call me temporarily totally disabled in every reported, omitted and not, to the Carrier and to WCAB and to EDD, so what part of that could be misunderstood as being “not necessary”????!!!

.

For the records, EDD paid over an intermittent period, ending in mid 2014 for final reconciliation, after numerous appeals, a total of approximately $49,400 ….negotiated a discount of Injured Workers Benefits or Your Tax Dollars, providing the WorkComp carrier what appears to be an award for approximately $18,000 for REFUSING TO PAY TEMPORARY TOTAL DISABILITY PAYMENTS IN ACCORDANCE WITH LABOR CODE, AND FOR CAUSING PERMANENT TOTAL DISABILITIES BY FAILING TO PROVIDE MEDICALLY NECESSARY TREATMENTS WHILE RACKING UP WHAT APPEARS TO BE A DRAMATIC MONEY LAUNDERING EFFORT WITH MORE THAN APPROXIMATELY 40 FACE TO FACE MEDICAL EVALUATIONS.

.

NUMEROUS CorVel medical evaluations with supportive chicanery continuing the pattern of egregious harm with callous disregard for life and  WITH TOTAL DISREGARD FOR RECOMMENDATIONS FOR TREATMENT.

 

.

psychopath advisory
DEFENSE AGAINST THE PSYCHOPATH – STUDY AND SHARE – https://www.youtube.com/watch?v=Gd6P1Ue2aGg

This is the American Workers Compensation System?  Everybody knows.  What’s wrong you people putting up with these most vile practices that are mere profiteering by the maiming and experiments and exterminations of your fellow Americans? Is it really worth your soul to sell out humanity?

 

psychopaths in power know  do you

Well, we know that psychopaths have no remorse, compassion or soul—-is that what we have here, WorkComp is operated by a SWATH OF PSYCHOPATHS?   SOS, MY FELLOW AMERICANS!  SOS!

.

“If not you, then who? If not now, then when?”  YOU COULD BE NEXT!

#InjuredWorkersUniting  #SilentNoMore

flag distress signal

WE ARE THE MEDIA NOW –> BE GEEKY!

to be continued

WATMN – VOICE MAIL ABOUT LINDA AYRES VS. WORKCOMPSTERS

Do you ever wonder…What do the Treasury Department Peeps think about WorkCompsters?
WHITE ROSES AND LINKED IN 5 16 2015

WE ARE THE MEDIA NOW – BE GEEKY!

—–Original Message—–
From: lindaayres <lindaayres@aol.com>
To: fred.sachs <fred.sachs@cna.com>; michael.dougherty <michael.dougherty@wyn.com>; tina.jordan <tina.jordan@wyn.com>; SReubens <SReubens@grancell-law.com>; shane.riedman <shane.riedman@cna.com>
Cc: Brent.Wisniewski <Brent.Wisniewski@cna.com>; Steven.Anderson <Steven.Anderson@cna.com>; Shauna.Chiappella <Shauna.Chiappella@cna.com>; Bill.Boyd <Bill.Boyd@cna.com>; jthomas <jthomas@grancell-law.com>; dchun <dchun@grancell-law.com>; trichards <trichards@grancell-law.com>; jstander <jstander@grancell-law.com>; Favio.Corral <Favio.Corral@cna.com>; Demetria.Winkler <Demetria.Winkler@cna.com>; bbarkley <bbarkley@grancell-law.com>; kmall <kmall@grancell-law.com>; sreubens <sreubens@grancell-law.com>; kroberts <kroberts@grancell-law.com>; ngrancell <ngrancell@grancell-law.com>; cna_help <cna_help@cna.com>; Reese.Walker <Reese.Walker@cna.com>; James.Graves <James.Graves@cna.com>; info <info@naidw.org>; Faith.Taylor <Faith.Taylor@WYN.COM>; Eden.Mauro <Eden.Mauro@cna.com>; Kirtan.Dave <Kirtan.Dave@cna.com>; Jonathan.Hueschen <Jonathan.Hueschen@cna.com>; Robert.Strozak <Robert.Strozak@cna.com>; Julie.Western <Julie.Western@cna.com>; Amy.Dreibelbis <Amy.Dreibelbis@cna.com>; Alissa.Mitchell <Alissa.Mitchell@cna.com>; Ryan.Carbah <Ryan.Carbah@cna.com>; Roy.Alexander <Roy.Alexander@cna.com>; Blair.Shropshire <Blair.Shropshire@cna.com>; Joshua.Ramos <Joshua.Ramos@cna.com>; Christopher.Lucas <Christopher.Lucas@cna.com>; sara.rojas <sara.rojas@wyn.com>; mike.reilly <mike.reilly@wyn.com>; Nelson.Leiser <Nelson.Leiser@WYN.COM>; Walter.Yosafat <Walter.Yosafat@wyn.com>; Josh.Lesnick <Josh.Lesnick@wyn.com>; Samir.Arora <Samir.Arora@wyn.com>; Carol.Bullock <Carol.Bullock@wyn.com>; Megan.Gormley <Megan.Gormley@wyn.com>; amy.labroo <amy.labroo@wyn.com>; doug.parks <doug.parks@wyn.com>; Sara.Salvatore <Sara.Salvatore@wyn.com>; PATRICIA.LEE <PATRICIA.LEE@WYNDHAMWORLDWIDE.COM>; Jonathan.Isernhagen <Jonathan.Isernhagen@wyn.com>; Amanda.Settee <Amanda.Settee@cna.com>; Scott.mixon <Scott.mixon@wyn.com>; wvoleavesupportcenter <wvoleavesupportcenter@wyn.com>; michael.grabell <michael.grabell@propublica.org>; mary.falvey <mary.falvey@wyn.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; Barry.Goldstein <Barry.Goldstein@WYN.COM>; Kitty.Pang <Kitty.Pang@wyn.com>; reolinda <reolinda@aol.com>; WorkCompLInda <WorkCompLInda@gmail.com>; caaa <caaa@caaa.org>; Daniel.Tregoning <Daniel.Tregoning@cna.com>; Denise.Norman <Denise.Norman@WYN.COM>; Faye.Tylee <Faye.Tylee@wyn.com>; scott.mixon <scott.mixon@wyn.com>; PKlimenko <PKlimenko@grancell-law.com>; Scott.mixon <Scott.mixon@wyn.com>; Megan.Gormley <Megan.Gormley@wyn.com>; Carol.Bullock <Carol.Bullock@wyn.com>; doug.parks <doug.parks@wyn.com>; amy.labroo <amy.labroo@wyn.com>; PATRICIA.LEE <PATRICIA.LEE@WYNDHAMWORLDWIDE.COM>; Sara.Salvatore <Sara.Salvatore@wyn.com>; Amanda.Settee <Amanda.Settee@cna.com>; Jonathan.Isernhagen <Jonathan.Isernhagen@wyn.com>; sreubens <sreubens@grancell-law.com>; tina.jordan <tina.jordan@wyn.com>; christopher.petrosini <christopher.petrosini@wyn.com>; michael.dougherty <michael.dougherty@wyn.com>; fred.sachs <fred.sachs@cna.com>; mary.falvey <mary.falvey@wyn.com>; kmall <kmall@grancell-law.com>; Steven.Anderson <Steven.Anderson@cna.com>; Brent.Wisniewski <Brent.Wisniewski@cna.com>; Bill.Boyd <Bill.Boyd@cna.com>; Shauna.Chiappella <Shauna.Chiappella@cna.com>; marybeth.stolworthy <marybeth.stolworthy@wyn.com>; tara.chmiel <tara.chmiel@wyn.com>; michael.grabell <michael.grabell@propublica.org>; daniel.elliott <daniel.elliott@cna.com>; Blair.Shropshire <Blair.Shropshire@cna.com>; Roy.Alexander <Roy.Alexander@cna.com>; Ryan.Carbah <Ryan.Carbah@cna.com>; Alissa.Mitchell <Alissa.Mitchell@cna.com>; Amy.Dreibelbis <Amy.Dreibelbis@cna.com>; Julie.Western <Julie.Western@cna.com>; Robert.Strozak <Robert.Strozak@cna.com>; Jonathan.Hueschen <Jonathan.Hueschen@cna.com>; Samir.Arora <Samir.Arora@wyn.com>; Josh.Lesnick <Josh.Lesnick@wyn.com>; Walter.Yosafat <Walter.Yosafat@wyn.com>; Nelson.Leiser <Nelson.Leiser@WYN.COM>; mike.reilly <mike.reilly@wyn.com>; sara.rojas <sara.rojas@wyn.com>; Christopher.Lucas <Christopher.Lucas@cna.com>; Joshua.Ramos <Joshua.Ramos@cna.com>; bbarkley <bbarkley@grancell-law.com>; kroberts <kroberts@grancell-law.com>; Favio.Corral <Favio.Corral@cna.com>; Demetria.Winkler <Demetria.Winkler@cna.com>; trichards <trichards@grancell-law.com>; jstander <jstander@grancell-law.com>; jthomas <jthomas@grancell-law.com>; dchun <dchun@grancell-law.com>; Eden.Mauro <Eden.Mauro@cna.com>; Kirtan.Dave <Kirtan.Dave@cna.com>; info <info@naidw.org>; Faith.Taylor <Faith.Taylor@WYN.COM>; Reese.Walker <Reese.Walker@cna.com>; James.Graves <James.Graves@cna.com>; ngrancell <ngrancell@grancell-law.com>; cna_help <cna_help@cna.com>; marybeth.stolworthy <marybeth.stolworthy@wyn.com>; tara.chmiel <tara.chmiel@wyn.com>; christopher.petrosini <christopher.petrosini@wyn.com>; michael.dougherty <michael.dougherty@wyn.com>; reolinda <reolinda@aol.com>; wynlinda <wynlinda@gmail.com>; lindaayres <lindaayres@aol.com>; patricia.lee <patricia.lee@wyndhamvacation.com>;  wvoleavesupportcenter <wvoleavesupportcenter@wyn.com>; workcomplinda <workcomplinda@gmail.com>
Sent: Thu, Aug 27, 2015 6:43 am
Subject: VOICE MAIL RE: LINDA AYRES VS. WYNDHAM WORLDWIDE CNA 33269102WE – COASTLINE LODGING, SSA RECORD OF PAYMENTS, MEDIATION  (Fred Sachs voice mail)
TBI END THE SILENCE
Hi Fred, Stewart, Tina and Michael and Shane:
.
People keep telling me not to take these atrocities personally, that CNA is doing this to all injured workers.  They say the law allows it.  I don’t think so.  Fraud is a felony, that means it’s against the law.

Anyhow, attached is a voice mail message with Fred Sachs.

IF you guys can organize comp rooms at the Ramada Inn-Newport Beach on Superior Avenue, starting next week, I still have a chance to resume Coastline Acquired Brain Injury Program.  Without such help, I cannot return.   I’m not asking for an advance on anything because the $5,000 you provided in January to pay for lodging,  Matrix called it “income” and says it gets ‘subrogated’ and I am paying that back to them.  I tried to explain that it for treatment, so in essence, you gave Matrix $5k, not me, I was apparently just the intermediary.   I hope that doesn’t make me complicit in some sort of insurance con-job. Yikes. So, Tina Jordan or Michael Doughtery may be able to provide lodging so I can return to Coastine and you can figure out how to pay.

.
Without Coastline, I would have to say you have succeeded in fully destroying my life.  I know you don’t care, Shane Reideman made that very clear last fall when he called and asked me, “Tell me, Linda, when ARE you going to die?”
.
.
So, are we going to mediate with Judge Siemers?  I understand he is the only Judge who can deal with a case of this complexity?
.
If I’m not going back to Coastline, we can mediate with Judge Simers any time.  Looks like I have the rest of my shortened life span to fool with Workers Compensation, and perhaps make a difference to my fellow Americans.  If not, I die trying, huh? (Shane, happy now?)
.
I told the intermediary that I don’t fly,[radiation levels way too high, if you read the news] but I could drive to SFO (would need a rental car, per diem, and lodging) but that would be my compromise, or perhaps the Judge come to Los Angeles.  His CV is outstanding.  I might be able to trust him.
.
I need the CNA list of what has been paid to me.  I’m almost out of time to appeal their demand for a return of more money than even they gave me.  They have edited their calculations a few times. Le’s find out where that allegedly monthly payment of approximately $4,000 since May 2014 has been diverted to? (Shane, is that the type of fraud your department handles??)  Would you believe they even sent the initial retro-pay to a dead back account, even though my SSA retirement money had been coming to a different account for over a year?  The Treasury agent found that of extreme interest.
.
OK, let me know where we are.
.
Have a great day, and “Dodge those Rads – It’s Dangerous Out There!”
Sincerely,
LINDA AYRES, IN PRO PER
WWID 415287
go save yourself from the zombies .

ps… So, if the below is true, then there is some validity to the CNA rest and rest and rest and rest and wait and wait and wait approach to ‘treating’ a traumatic brain injury for more than 3 years 7 months, huh?  No wonder I wake up ready to take on the world for the first hour or two of the day.!  Thanks guys and gals!

.
C’mon, I want out of WorkComp, I want the 15% legal fees to be donated to Coastline Acquired Brain Injury Foundation, and I want a reasonable settlement to enable me to forget I ever crossed paths with any of you  Oh, yes, I want some sort of restitution program by Wyndham/CNA/Grancell to ensure they never have the opportunity to harm another injured worker like this again.   Maybe I can be on the Board of Directors of such an organization.
.
Stewart, can you have someone look into setting something like that up?  Thanks.  No rush, looks like we’re going no where toward settlement, so there’s time…. since no treatment cut my life span by more than the 8 initials years estimated by the Brain Injury Association of America, looks like we have maybe another 10 or 15 to use the media to make a difference in America?  We’ll, let’s try.  COUNT ON ME to do my part!
.
Have a great day, Everybody.  I have no place to be…oh ohhhhhhhhhh…. the piano tuner is coming today.  I read that playing the piano is supposed to help with brain recovery so as Stewart and Fred know, I bought a piano last year, or maybe 2013, I don’t remember.  I didn’t realize, at the time, I had to learn to play it for it to be effective.  A local piano teacher had me is some very simple VERY SIMPLE VERY SMALL CHILDREN’S BOOK.  She was kind, but aghast at my cognitive impairments.  Most of the kids she teaches start with two very simple books.  We had to break it down to just one book for me.  I guess if I don’t really get to return to Coastline, piano lessons are back on the agenda.
.
Fred, wanna pay for them?  There’s also a company called LearningRx…  There’s help out there for people with brain injuries, I just don’t know how Thomas Motamed can run an organization with people in the dark ages about something as simple as NEURO-SCIENCE.  He takes in $10.7 million plus a year for harming people like me? Yecccch.   At least at Grancell, peeps get “Bagel Fridays” and at Wyndham, well, if you’re on the A-list, you get credit-worthy tours.  It all comes out in the wash, doesn’t it.
.
Ooooops, that was not intended to refer to ‘money laundering’ that seems to be a part of the workcomp biz models!  People tell me to refrain from slinging around words like felony fraud, RICO, corruption….   I don’t swear half as much as I used to…swearing is another consequence of brain injuries.  Shane, remember how I ended our Fall 2014 conversation, when you asked, “Tell me, Linda, when ARE you going to die?”  Yeah, that F**k YOU! was a knee jerk reaction due to TBI.
Brain Sleep and Rewiring.png

PS  Remember Remember…..

WE ARE THE MEDIA NOW (2)



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Open Letter to CAAA Members — Why you cause such harm to Injured Workers? You no make enough money?

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?

lawyers den (2)
https://askaboutworkerscompgravytrains.com/2015/01/01/disappointment-and-frustration-with-the-work-comp-system/
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.

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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?

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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.

Stephen Hawking

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.

y u no see lies so obvious lies

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”

learning rx   survey 4 2 2015  1031 am

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.

THE BRAIN INJURY HANDBOOK

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.  

Defense Against the#Psychopath (Full length) – 
www.youtube.com/watch?v=Gd6P1Ue2aGg  
Defense Against the Psychopath By Stefan Verstappen Defense Against the Psychopath is a documentary Defense Against the Psychopath (Full length)

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?

LIONS  SURROUND YOURSELF    find the others

Look for the In Pro Per OBJECTION TO A FRIVOLOUS ORDER TO COMPEL ……COMING UP THIS WEEK….

WorkCompLinda  Twitter

ASK ABOUT WORKERS COMP GRAVY TRAINS   JAN 1 2015
https://askaboutworkerscompgravytrains.com/2015/01/01/disappointment-and-frustration-with-the-work-comp-system/
WE ARE THE    MEDIA NOW

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