“… I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic…”
“Domestic enemies”….that seems to include the #WorkCompsters and their #WarOnWorkers, wouldn’t you think?
Dear “Supplemental People” —-
US Constitutional 5th and 14th Amendments immediately come to mind, and the secret police type reports Grancell encourages to protect fraudulent medical reports of their payees seems to violate Article 14 of the California Constitution, for starters.
DO YOU HAVE ANY LEGAL CITATIONS TO SUGGEST TO INCLUDE IN MY RESPONSE TO THE JUDGE’S ORDER TO COMPEL ATTENDANCE AT AN ENT DOCTOR EVALUATION …
[Ear, nose and throat; general vicinity of the brain, but still not a brain doctor, but closer than an orthopedic surgeon, huh?]
…. AND YET ANOTHER NEURO-PSYCH EVALUATION, without causing the Defense to provide complete and accurate records, and allowing the Defense to write false cover letters to the doctors, and without allowing due process to injured worker to appear and plead for medical care and cessation of bullying, file churning and fraud, and with denials of requested ADA accommodations for appearance?
As defense is attempting to falsely claim this accident did not occur at work, is Wyndham Worldwide committing fraud, or is it just the Defense Firm personnel and the doctors they have involved in their chicanery via omission of medical records and misleading cover letters? Now, if they say I did fall backwards on ice and hit my head real hard, as the DWC-1 statement on date of injury so indicates, and is signed by the Admin Manager, and they know I haven’t worked or been right since, then Wyndham appears to be only guilty of collusion to keep the dirty secrets, and human rights failures to come to the aid of an injured worker, and failures to hold their vendors accountable for bullying and egregious harm to an Injured Wyndham Worker.
Back in 2013, I asked a Judge to authorize me to pay an hourly consult to a WorkComp lawyer, as indicated in the Christopher A. Ball book for Injured Workers, recommended on the WCAB site. It is called California Workers’ Comp HOW TO TAKE CHARGE WHEN YOU’RE INJURED ON THE JOB. The Judge declined; said it was against the law.
I have dismissed 4 law firms that seemed very confused about the difference between a broken finger and a brain injury, so not a good fit for attempting to get medical care. I have accomplished more than all 4 of them on my own., and I have accomplished quite little. So, that leaves me without legal counsel, with a brain injury, fighting organized crime, armed with the will to survive and the ability to type and blog. Ain’t that nothing, America!
My response, this weekend, with a “DOR” will probably be called:
PETITION TO COMPEL RIGHT ACTION AND COMPLIANCE WITH LABOR CODE AND US CONSTITUTIONAL LAW in the case of Linda Ayres Vs. Wyndham Worldwide, et al
As you know, on January 9, 2012, in efforts to help my co-workers get inside the office, during a snow storm, in which we were locked out, I told my manager I thought the window at my table might be unlocked, and we walked over to check the window. It was locked. My manager made it back to the side walk safely; I slipped on ice and fell backwards, and hit my head very very hard. I laid on the ground for I don’t know how long, my keys went flying and when my manager asked, “Are you ok?” I said, “No, I’m not. I hit my head reallly reallly reallly hard.” Somebody took my briefcase inside the office but I had to go outside later to find my keys, that I do remember, because they were not in my handbag.
After a little while, he helped me up. I’m in sales. We are ‘trained’ to leave our troubles at the door. I dusted all the snow off of me, and went inside to attend the Sales Huddle. My colleagues had a good laugh. I forget who said it, but someone said, “Ewwwwwww, Linda has Fukushima Rads all over her now!” (I had shared with them how radioactive snow is, as the snowflakes latch on to the radioactive isotopes like scavengers, and encouraged dodging the snow flakes, by any means necessary.) I got “in trouble” for sharing this picture in the break room in 2011… I was told it was not very positive; it illustrates the impact of radiation poisoning.
Later, the Administrative Manager asked if I was going to see a doctor, and I said yes, and I asked, “Do I have to see any special doctor?” He said, “Just see any doctor that accepts workers comp insurance” and he gave me an incomplete “DWC-1” form — he signed it, but it had no insurance company information on it, and no doctor could accept it, and the office did not return the doctor’s calls.
Remember, Wyndham staff did not offer to call 911 or even bother to take me or offer a ride to Urgent Care or an Emergency Room. Previously, I dropped everything and took a co-worker to Urgent Care as she was complaining of chest pains to everybody. HR had no plan in place for dealing with such issues, either. Perhaps staff is “too young or too stupid” to make life affirming decisions.
My guests, at the first wave tour, knew I was clearly dazed and confused, and they got their “gift” without any hard-sell….just gratitude that they were understanding about my confusion, as I told them I had slipped on ice and hit my head real hard that morning.
I went to the doctor after work, God only knows how I drove down that icy mountain road. For some reason, I don’t know why, an hour trip took over two hours. When I saw the chiropractor (I thought I just needed a little adjustment for my neck and back) but the doctor said I had a concussion. I didn’t know what that meant. He suggested I would feel like I’d been hit by a truck in a few days, but in a few weeks I’d probably be fine He was right about feeling like I’d been hit by a truck. I vaguely remember having to use both hands to lift my head up from bed, and I slept a lot –
I went to the Urgent care a few days later, since someone told me people can die from head injuries; they could not take the DWC-1 form, but they kindly accepted the CIGNA employee health insurance (which CIGNA had to fax to them, since I couldn’t find the card). I got lost going to that doctor’s office, then lost again going home waiting for CIGNA to fax them the card, and disoriented on return. Defense likes to say that doctor said I wasn’t dizzy, disoriented or confused. D’oh! The office is less than 5 miles from home, in rural Yucca Valley.
I had already called the EAP – Employee Assistance Program — because I was so confused, couldn’t think, and was having trouble talking, and my words were slurring. I haven’t had a drink or drug in over 28 years. People said I sounded drunk. Not a good sign. EAP connected me with a clinical psychologist who referred me to a local neurologist (who refused to see me since it was work comp, at a scheduled appointment; his office perjured and said I failed to appear for appointment; I begged for help or at least a referral when they turned me away.
Turns out, they were actually on what I later learned to be an MPN list…) The rest of the blogs (https://askaboutworkerscompgravytrains.com/list-of-posts/ has the rest of the details; perhaps a law school may find it of interest; real lawyers don’t give a hoot, nor, apparently, do WorkComp Judges, complicit in the terrors I have experienced as a member of America’s Working Class, injured being a team player, kicked to the curb by the PROFITS BEFORE LIVES CROWD.
As many of you know, I am currently enrolled in the Coastline Community College State run ACQUIRED BRAIN INJURY PROGRAM. It is a one to two year program, and it helping me tremendously, in learning compensatory skills, and in ‘resocialization’ — being in a community with other brain injury survivors is remarkable, and yes, we compare notes on the chicanery of the legal and insurance psychopaths—the stories are all quite similar. We do need Nuremberg type trials, and this time, include the lawyers and their ilk.
I am learning a new software to compensate for cognitive impairments…. including loss of working memory…. I haven’t quite figured out how to get the images out of the software into the blog, so I have resorted to copy and paste. I think you can see the big picture of what I am currently dealing with. Future blogs may have better presentation, as I am currently studying how this software can make up for my loss of working memory. It really helps me to see the ‘big picture’ again.
We are also learning about learning styles, and how our brain injuries impact our need to focus on strategies to be more “concrete sequential” in our new approach to life. This software, with several other apps and devices, serves as cognitive aids.
My progress seems measurable, substantiated by the increase in blog views since June 2013…
Bottom line, it’s just more dreadful fraud and legal chicanery. I could just spit at the vileness of it all. Anyway, If you have any suggestions on how to best approach the Judge. I don’t really believe I can be compelled to participate in felony fraud in an ongoing workers compensation scam by the defense firm and insurance carrier representing my employer, Wyndham Worldwide.
As many of you know, the medical care I have received, I have had to pay for myself, now exceeding over $43,000. CNA refused to pay TTD benefits in 2012, shifted the cost burden to the State, then finally paid the State back in 2014, at a dramatic discount. They said it’s legal because EDD “negotiated” a $49k payback to $31,000 payback. I don’t think the State Controller knows, but lawyers and EDD tell me it “happens all the time.” As a consequence, instead of “104 weeks of TTD” payable by Work Comp Carrier, followed by ” up to 52 weeks of State Disability” I got cheated out not only medical care that would have possibly facilitated return to work, but I had no income for months and months and months (translation; had to rely on Salvation Army for help!) but I got cheated out of the EDD “up to 52 weeks” and those funds went back to CNA for bottom line profits.
It’s a brain storming tool, and helps compensate for impaired loss of working memory.
It’s a little embarrassing that I cannot figure out how to ‘export’ or ‘transfer’ this info as the software is designed to, but it does serve as an example of my creative work-arounds and compensatory strategies. The outline text is below.
Remember, in my pre-brain-injury life, I was a Database Queen, I served years ago as an Executive Assistant to some serious Captains of Global Industries, and it took smarts and serious speed and cognitive functions to keep them organized, and my work included intense logistics, keeping them on meeting schedules, to private planes, yachts and limos, political events and more.
So, when I read some of the fraudulent statements of some well paid insurance industry doctors, you might imagine how I could just spit at the audacity of these little thugs. One government agent, as I told some of the tales of the corrupution and horrors I have been exposed to, asked, “How can they sleep at night?” I said, “Psychopaths have no sleep problems.”
As many of you also know, I lost professional credentials due to the untreated brain injury. I lost my Hawaii Real Estate Sales License, California Real Estate Broker’s license, and California Notary Commission. While I have not hope to be able to restore my Hawaii license, I was able this year to reinstate my California Real Estate Broker’s license, and just yesterday, I took my Oath for my California Notary Commission. Yes, I take my Oaths seriously, always have, always will:
“I, Linda Ayres, do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”
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!
#WorkComp legal chicanery comparable to ‘a strip search in a fascist gulag?’ Hint: Totalitarianism
#GrandWorkCompFraud! No Exclusive Remedies! No Remedies at All. Pure Chicanery.
MARCH IS #BRAIN INJURY AWARENESS MONTH…. What did YOU learn this month, so far?
If it’s a work injury, prepare for the fight for your life, and hope somebody will help you. Upon diagnosis of brain injury, it seems to be an insurance industry trend to immediately terminate benefits and begin a covert theme of terrorism—medical, mental, financial…. and they reap thousands of dollars in profits for their crime gangs. Can the DOJ really just continue to look the other way? America! America! We are witnessing the collapse of an Empire…. couldn’t be more timely, huh?
MARCH IS ALSO #FUKUSHIMA ELE AWARENESS MONTH…. What you don’t know, will indeed kill you. Start with the Science, 1,946 known lethal isotopes. Wishing all the #WorkCompsters very interesting outdoor living.
DEFENSE ATTORNEY JUST DOING HIS JOB/JUST FOLLOWING ORDERS?
“The more I think about this legal chicanery… and the defense’s new demand for access to 25 years of medical Records, when they have ignored medical evaluations, recommendations and requests for treatment for the past 3 plus years, it sort of feels like a quote strip search unquote in a fascist gulag.”
Remember when the Insurance Carrier’s rep called from Chicago and the phone conversation about denied medical care concluded abruptly with his question, “….so, tell me, Linda, when ARE you going to die?” Bullying? Harrassment? Threat?
Totalitarianism is a political system in which the state holds total authority over the society and seeks to control all aspects of public and private life wherever possible.
IS PRIVACY DEAD? Did she reallly compare #WorkComp legal chicanery to ‘a strip search in a facist gulag?’
Remember remember….. All Nuclear Reactors Leak all of the Time…. and #Fukushima is NOT a Leak either….
All this for an untreated observed slip and fall backwards on ice at Wyndham Worldwide WorldMark Resort in Big Bear, California at approximately 8 am on January 9, 2012. Wyndham had absolutely no WorkComp policies and procedures in place, did not call 911, did not offer a ride to a hospital, in fact, insisted that work shift be completed, and then was told to “see any doctor that takes work comp insurance” and proceed to drive down a snowy icy mountain road.
CAN YOU SAY CORPORATE IRRESPONSIBLITY? AND THE CASE IS RIDDLED WITH MIS-STATEMENTS WITH INTENT TO DENY MEDICAL CARE, FROM FALSE ALLEGATIONS THAT NOTICE OF AN ALLEGED MPN WAS PROPERLY SERVED, TO EGREGIOUS AND TERRORISTIC FAILURES TO PAY DISABLITY BENFITS, DESPITES ORDERS FROM THE COURT. NOW THEY WANT TO LOOK BACK 25 YEARS AND SEE IF I CONKED MY HEAD? A JURY SAID THERE WERE NO INJURIES IN THAT DISCLOSED ACCIDENT…. HARD TO FIND COMPETENT ATTORNEYS IN CALIFORNIA, HUH? CHURN, BABY, CHURN.