WE ARE THE MEDIA NOW: OPEN RESPONSE, TO WHOM IT MAY CONCERN:
[If YOU have ideas on how to resolve this, and matters like it, without a WorkComp death penalty for getting injured on the job, please advise!]
Thank you for your kind letter.
“I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome.”
Please do also send the information on how to redeem the $54.73 “Three year Service Award”…. It will help with the costs of food and lodging while attending the Coastline Acquired Brain Injury Program. I will ask my accountant to revise my 2014 return.
How nice. That’s the first I am hearing of a monetary award for years of service! Did I miss one for 2013? I got a card from Tommy with a Pin for the first year back. I still have it. Timeshare did change my life…for the best when I bought my first one, then for the better when I became a salesperson, then….. for my near total destruction upon being injured at work.
Please consider THIS letter a further addendum to request for continued leave of absence, through December 1, 2015, such leave being part of the accommodation request. If I can get back sooner, I will. Dr. Hilda will reevaluate periodically, as will staff at Coastline.
Please see the attached letter from Matrix Absence Management, a member of the Tokio Marine Group, as administrators for Reliance Standard Life Insurance Company, and the Long Term Disability Provider of the self-purchased Wyndham LTD policy. I can tell you that Matrix/Reliance has been consistently kind, professional, and helpful, even through the financial chicanery of CNA that complicated payment of the LTD policy, more than once. The experience between the two insurance companies is as different as night and day, good and evil, honorable and unlawful, kind and vicious…..
Attached is the IME, Independent Medical Exam by one of the Reliance ‘independent’ neurologists. Stewart Reubens, of Grancell, also requested a copy of this report and it is therefore being sent to all stakeholders. I am under no legal obligation to share this information; it is relevant to the possibly criminal matters at hand, that absolutely require Wyndham Intervention at the highest levels now. Let’s avoid a #FEHA lawsuit, although it seems Grancell has other aims. I have not been authorized to return to work because medically necessary treatments have not been authorized for over three years.
Ain’t that a crime?!! If it wasn’t WorkComp, it would likely be attempted murder! ” First- degree murder is any intentional murder that is willful and premeditated with malice aforethought.” Complicity in such acts likely has serious consequences as well.
Please note the Reliance letter clearly states:
“Based on the medical information contained in your file, you are considered totally disabled from performing any occupation for which you are qualified, by reason of training, education, or experience. As a result, benefits will continue to April 8, 2017, or until you no longer meet the provision of your policy, whichever occurs first.”
How is it, do you think, that both of Wyndham’s insurance companies can have such diverse opinions on my ability to return to work? Grancell has done everything possible to ensure I am not able to return to work, while they churn the files. Yesterday, I received another big set of papers from CorVel corporation, pure chicanery and deceptions, but it is their standard of practice. I have about 3 reams of their bogus expensive reports.
Please see the attached links on how one Mayor has requested a complete audit of CorVel.
See more comments at Bob’s Cluttered Desk
Confusion Reigns Supreme – CorVel Hospital Experience is a Lesson for All of Workers’ Comp
If the Mayor can call for an Audit of CorVel’s WorkComp practices, Wyndham Worldwide can certainly call for an audit of at least my case, and ideally, an audit of all claims over the past 5 years that resulted in absences of longer than 90 days, or forced resignations as a requirement to facilitate medically necessary care. Certainly such an audit will identify a pattern of practice clearly showing the Wyndham is paying premium for insurance coverage that does not provide medical care to injured workers, and in fact, failures to provide medical care by said provider, cause egregious harm to both injured worker and employing corporation, with callous disregard for life and corporate profits and shareholder interests. (Good for defense law firm shareholders apparently, good for nobody else.)
I know how that cop’s family must feel. My dad was a firefighter. I know how that ‘Brotherhood’ can mobilize and organize to help it’s own when under attack by the likes of CorVel, and what is to come for the family, also, during recovery. I have seen the industry attacks on Cops in LA, alleging they are off work for long periods of time, blaming the cops, not the deniers of medically necessary treatments. Yeah, industry propaganda. Anybody with a job anywhere in the USA could be next.
I have stories about those first weeks when a “Case Manager, Nurse Lorraine” terrorized me, and my doctor’s!!! Did she work for Corvel? I don’t know. I think she worked for CNA. I do know that for more than 2 years, since 2/21013, CorVel has been complicit in denials of medical care based on some pretty fictitious and outrageous misrepresentations of medical records, and omitted/ignored medical records, in full disregard of ACOEM, MTUS and NIH guidelines for treatment of closed head injury/concussion, tbi, traumatic brain injury and related consequences. CorVel staff make it very clear that they work for the insurance company, and that would seem to be a severe conflict of interest.
See YOUR letter below for more insights to what I have experienced at the hands of these premium sucking/injured worker harming vendors!
The consequences and validity of the course of treatment that have contributed to my leave of absence being more than 3 years, and great bodily to me because of the breach of fiduciary responsiblity by CNA and it’s defense counsel, Grancell-Corona and Grancell-Novato, is simply stated as follows:
CNA INSURANCE has authorized this medical care since date of injury:
2012 – Chiropractic, Clinical Psychologist (less than 20 sessions each)
2013- Physical Therapy-6 sessions
2014 – Chiropractic, Acupuncture, 24 sessions of Speech Therapy, Occupational Therapy, and
Physical Therapy (Obtaining a Court order was required for Grancell to authorize scheduling of authorized chiro and acupuncture)…..
2015 – NO MEDICAL CARE, NO RETURN TO WORK, NO DISABILITY BENEFITS paid by CNA SINCE MAY 2014, after refusing to pay, despite Court agreement, in 2012/2013. Funky accounting let them off the hook with a $16K profit for ‘negotiated’ reimbursement to the State of California for monies the State paid out of my account in 2012/2013. (Small Permanent Disability advance received yesterday, that will serve to facilitate Coastline ABI program attendance. According to the law, PD estimated payments were due 14 days after last TTD payment… which was May 8, 2014. See another problem here? Let’s work together for a solution; CNA has a fiduciary responsiblity to Wyndham, and TO ME, as an insured injured worker; that has been breached repeatedly; let’s change that for me, and for all injured workers who follow this path.)
Clearly, the above meets no thinking person’s idea of legitimate, reasonable nor appropriate medical care for a well documented traumatic brain injury. It does not comply with WorkComp guidelines, ACOEM, MTUS, NIH or any thinking person’s notion of how to deal with brain injury.
Self procured (I PAID FOR IT MYSELF VS. QUIETLY LOSING MY LIFE) medical care has included physician requested but adjuster/attorney denied treatment:
2012- Functional Neurology with TBI Expertise, MRI Brain, chiropractic
2013 – Vision Therapy & Prism Lenses, Chiropractic, Acupuncture, Speech therapy
2014 – Vision Therapy & Prism Lenses, Chiropractic, MRI – TBI Protocol, Acupuncture, Neuro-Psychology sessions
How many thousands and thousands and thousands of dollars have been spent on reports that requested medical care since 2012, that were simply ignored until February 2013, then they were denied in UR evaluations that would not pass a legitimacy test? More than $50,000 was spent at SCRIPPS in 2014, for merely 24 days out of the recommended 3-6 months. What a waste of money was that! Whose money was it? Furthermore, such a program is more beneficial for NEW Injuries, not 2.5 year old untreated head injuries. Helpful, yes, but if CNA had only agreed to Coastline ABI program when it was first presented in May 2014, I could be almost back to work now for a fraction of the cost, and more compensatory skills.
CNA was required by law to be proactive in finding and securing help for me. The only brain injury treatments received were all based on my own diligence and research, at the guidance of various reporting doctors, who’s recommendations were consistently ignored. Romano Trust vs. Sedgwick rulings apparently gives companies like CNA the right to kill injured workers. Is that the type of company that represents Wyndham Corporate Culture and Values? WILL WYNDHAM STEP UP NOW?
Out of all the evaluating doctors seen, only 3 supported denial of medical care….. known industry leased/owned doctors….Zardouz, Kent and O’Brien. Any district attorney investigation should likely start there, then move through the list of complicit CorVel doctors, and, of course, to the handling of the mis-information by Ms. Mall of Grancell, and supported by Mr. Reubens of Grancell, while the CNA adjusters seemed to be ‘just following orders’. Most likely, WE, THE PEOPLE, NEED THE DEPARTMENT OF JUSTICE TO INTERVENE IN WORK COMP CRIMES, NATIONALLY, WITH A SPECIAL COMMISSION. In seeking Class Action potential, it seems too many attorneys are too afraid of the big corporations, or have no working knowledge of fighting for civil rights. Others simply seem to be in cahoots with the dubious doctors, law firms, scams and other providers.
As an injured Wyndham Worker, and as a Wyndham shareholder, I am hereby formally requesting that an immediate claim audit of my case be conducted…. top include th CNA handling, the Grancell obfuscation of all facts and file churning, and the CorVel deceptions. As I see from the article, an Employer does indeed have the authority to question the handling of claims, and a responsiblity to do so when the harm caused by the employer’s vendors has been so egregious. PLEASE WORK WITH MIKE DOUGHERTY TO GET THIS CLAIM INVESTIGATED, WHILE I GET AS MUCH COMPENSATORY STRATEGIES AS POSSIBLE WHILE AT COASTLINE ABI PROGRAM. Here is that link as well. http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/
I will never be whole, but without treatment, I will forever be 100% disabled. That’s not ok.
Thank you also for the vouchers for discounts at the Wyndham property in Newport Beach, near Coastline Community College Acquired Brain Injury Program. The staff at Ramada Inn – Newport Beach is always so kind, patient and gracious. When I first arrived there, in October 2014, I didn’t know it was a Wyndham property (I forgot how big Wyndham is!) I told my “WorkComp Story” at check in, as I tell anybody who will listen, and the Front Desk Manager listened patiently and said, ‘Well, let’s get your experience with Wyndham back on a positive track. Allow me to upgrade your visit.” Kindness goes a long way.
With the tiny advance on Permanent Disability funds just received (thanks, Fred!), I hope to be able to complete the one year ABI program, which is officially concluded December 10, 2015, and I will jump through all the hoops to get there, stay there,and excel there, getting the compensatory strategies that are offered when people with brain injuries have exhausted all restorative treatments, or didn’t get any, like I didn’t. Maybe I can organize a Student Union activity on behalf of InjuredWorkers in California, or an educational launch to reach ignorant doctors, lawyers and adjusters, and work with DA’s to deal with the rest of them. That would be a big goal, but as a Salesperson, I know the value of goals, written goals, and Vision Boards. More than one of my doctor’s has indicated that I’m so smart, that’s the only reason I have survived this atrocity to the degree that I have. I want to help Wyndham get a better insurance company and a better, more-pro-active work comp program to avoid fiascos like this in the future.
NOBODY SHOULD HAVE TO EXPERIENCE THESE HORRORS. Plus side, I’ve learned to blog, and from the comfort of my War Room, I can type like there’s no tomorrow. That part of my brain stayed in tact…… I wrote you, Tina, a letter, that morning of the 2nd impact on 2/4/12, when I told you if I die because of failures to provide medical care, that I hoped my family would sue Wyndham to kingdom come. Well, I didn’t die yet, no thanks to Wyndham or it’s vendor. My quality of life has severely diminished, and my life span has been dramatically shortened, and future health risks from untreated TBI are numerous.
Let’s make a positive impact now, while I can still fight the good fight!
The first year was the most important for care. CNA knew that. So did Grancell. It’s in the reports they chose to ignore. Remember, they attempted to coerce me to accept $100,000 in November 2012 in lieu of a deposition, treatment, and it required that I forfeit all civil rights, including my right to return to work. I’m stuck with permanent brain damage because of all of this, and of course, I am not happy about it all. Remember also, that the first neuro-pscyhologist, Dr. Eileen Kang, recommended “speech therapy with cognitive remediation” and indicated after that I would return to work. Speech therapy was never authorized till I got to Scripps – Encinitas, in the Summer of 2014. The damage was already done.
I will plan to return to work on or before December 1, 2015, hopefully, with few other accommodations to be requested/required. Dr. Hilda Chalgujian is following my case, and Dr James Pasino at Coastline Acquired Brain Injury program is the neuro-psychologist in charge of the program, which is nationally renknowned and a model for other State program, and is supported by the Department of Rehabilitation. I have requested and been authorized to participate early in the ‘career planning strategies’ for ABI survivors, which starts next week, in addition to the regular curriculum. It is normally recommended that the program be 50% completed, but since I don’t know if I will be able to afford to stay through June 2015, I want to get as much good from the program as possible, and perhaps I can be one of the first virtual participants in the suMmer/fall program. That’s just a hope of mine. The drive is very hard on me, but I have to do it if I ever expect to have a life again. LINK FOR MORE INFO: http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/
So, I await confirmation of the continued leave of absence, the Award redemption information, and confirmation that a full audit will be conducted, with perhaps a call to the Attorney General’s office in California to expedite further investigations of these horrific crimes. While Grancell attempts to fraudulently state that I was this way before…. I have to laugh at their arrogance. There is no such evidence, nor is there any way that Wyndham would have repeatedly hired me in different locations, and even send me to Big Bear in January 2011 to help out during a time of severe management upheaval. As you may recall, I was #1 Sales Rep of the Month more than once.
Perhaps CNA and Grancell current players are unaware of the timeshare world, and how it just doesn’t “MAKE SENSE” to attempt to kill an injured Timeshare Sales Person…. without expecting consequences. More details are available at the blog site, https://askaboutworkerscompgravytrains.com/list-of-posts. God bless America, and the First Amendment., the 14th Amendments, the Civil Rights Act and the US Constitution.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
14th amendment violated by Workers Compensation Corporations?
It is my hope and prayer that Wyndham will make a difference, starting with it’s injured workers, and taking it global. There are good people at Wyndham, and I have been blessed to know many of them. I recoil, as if from a hot flame, at the very thought of the people at Grancel and CNA, but I’m just sensitive to evil that way.
So, as I told Stewart Reubens and Fred Sachs, I don’t want to fuss about things while I am at Coastline. I have also learned that 3 years in complete Survival Mode (or 2 years, since the first year I was hardly present cognitively)…. such stress is similar to what prisoners of war experience, and it is very dangerous for a brain injured person. Obviously, treatment will never happen via CNA, as many doctors have told me, in their own sheer utter discouragement and despair. Nor is there any interest in good faith mediation. So I hope they will just stay out of my way and let me recover and get back to work.
Jan 10, 2013 – Uploaded by Soull Purple
Defense Against the Psychopath By Stefan Verstappen Defense Against the Psychopath is a documentary ..
My plan is to continue at Coastline uninterrupted through December, then return to work at Palm Springs, in time to get trained and ready for high season.
Thank you, Tina, also for the kinder tone of your letter. Another peer at Coastline indicated her horror that nobody from her job of over 20 years so much as called to see if she was ok. Another teacher, in Boston an a Nurse in North CA is having the same sort of “work comp” troubles as I am, and it’s a self-insured school district, but with the same unclean hands and legal chicanery.. It’s epidemic. Across the Nation. #InjuredWorkersUniting #SilentNoMore
Linda Ayres, In Pro Per
760 368 7236
LinkedIn Posts https://www.linkedin.com/today/author/52490934
ADJ8181903 / CNA e3269102WE
[Sent to distribution list of all stakeholders; available to any interested parties via email request @WynLinda@gmail.com; could not figure out how to attach PDFs to blog.]
Wyndham Letter Re LOA dated 2/6/15
Matrix/Reliance LTD letter dated 2/5/15 confirming continuation of benefits thru 4/8/17…
IME – Neurology Report of Dr. Jay Jurkowitz November 2014, with supplement Jan 2015 report
Dr. Hilda Chalgujian, Neuropsychologist and now PTP, progress report of 1/19/12
With Helpful Links
To: Linda Ayres < email@example.com>; Linda Ayres < firstname.lastname@example.org>
Sent: Fri, Feb 6, 2015 3:17 pm
Subject: Interactive process
On January 16, 2015, you indicated you had reactivated your Real Estate License and wanted to commence the interactive process regarding your return to work. Please note that we have been engaged (and will continue to engage) in the interactive process, and we have attempted to work with you regarding your desire to return to work. Our communications to you regarding your medical status and your desire to return to work constitute engagement in the interactive process. Despite your desire to return, you still are unable to return to work by your own admission.
- January 23, 2015 – I am still TTD, temporarily totally disabled. Also, No brain experts have indicated that I am recovered sufficiently to return to work
- January 13, 2015 I seem to pretty much permanently 100 disabled.
- December 4, 2014 I am still temporarily totally disabled and now my conditions are exacerbated. I am unable to participate in the December 8 training class, much to my great disappointment and anguish.
- November 26, 2014 I âm tired and have brain fatigue and a little preservation . . . other cognitive deficits exist . . .
- November 26, 2014 My California Real Estate Broker license expired because I was unable to cognitively perform the continuing education courses in time.
- November 4, 2014 Because of my cognitive impairments, I am much slower to figure things out .
When you expressed your desire to return to work, we requested a medical release, but you have not provided one. We need that release and its accompanying description of your limitations so that we can work with you to see if there is a position for which you are qualified, the essential functions of which you could perform with or without accommodation. We cannot place you back in the workplace without that information and subsequent discussions with you.
In an email you sent on February 1, 2015, you stated I . . . .am hereby requesting extension of leave of absence to complete one year at Coastline Community College – Acquired Brain Injury Program in Newport Beach, which, ideally, will be completed on or before December 1, 2015, at which time I hope to be able to return to work.â
Regarding your request of an extended leave of absence until December 1, 2015, from your email on February 1st, I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome. Additionally, per your request, I signed discount vouchers for Wyndham hotels and provided them to you so you could secure accommodations at your expense. Let me know if you need more in the future and I would be happy to assist.
Finally, you inquired about reported compensation in the amount of $54.73 for 2014. We researched and found that the amount is associated with your three year service award with WVO. To address this outstanding issue, you may either redeem the award (we will provide you the information to redeem online) or you may elect to forgo the award and we can reissue a W-2 to you for 2014. Please note that reissuing the W-2 may take approximately 45 days to complete.
Please let me know if you have any questions and advise how you would like to proceed on the service award issue.
Thanks so much,
—-Wyndham Human Resources
Linda Ayres, In Pro Per
#WorkComp & #TBI Survivor since 1/9/12
mobile: 760 368 7236