Workers Compensation NATIONAL DISCUSSION that includes Voices of Injured Workers

Tuesday, May 10, 2016

Assume Responsibility

I know I’m going to get flamed for this blog post, but I have always committed to telling the story the way I see it.
 
I have taken on insurance companies and their executives, doctors and other medical vendors, attorneys and the legal profession.
 
Politicians of course haven’t escaped my vitriol, and employers also haven’t escaped criticism.
 
The only workers’ compensation population that hasn’t been met with cynicism has been injured workers.
 
There’s two sides to every story, as they say. 
 
Most in the work injury protection schema do good deeds most of the time for most people. There are some times when things go awry, either intentionally or negligently. I get that. There are also laws and regulations that don’t work effectively, or have contraindications which contaminate too large a population. I get that too.
 
Workers’ compensation, or any form of work injury protection system, requires a lot of people to synchronize. Synchronicity is not easy. Sometimes the harmony goes awry. That’s how life is.
Recipients of system failures get a raw deal. Sometimes it’s corrected. Sometimes not. Sometimes the correction doesn’t meet the expectations of the recipient and other times it exceeds expectations.
 
Most move on, find their new paths in life and return some positive energy back to the world. They aren’t in the same place they were before injury, and certainly it’s a struggle to shift directions, particularly later in life and particularly if unprepared financially and emotionally for an alteration to the expected path.
The vast majority do move on, find positivity in life, strive to make the most out of it, and refuse to let life get in the way of living.
 
However, there’s a vociferous militant minority of the injured worker population who have made it their mission to inform the world of the injustices imparted on them by “the system” and all its nefarious participants.
 
They have ridiculed most all work comp sectors named above, but have spared me for the most part. 
 
I’m sure that will change now.
 
Here’s my gripe: these unmodulated venters are all about negativity, and offer nothing to resolve either their own issues, or the issues facing the workers’ compensation institution.
 
These folks have taken to the immediacy and vast reach of the Internet to let the world know about the work injury commercial complex; how all of workers’ compensation is out to get them, and you too. They rail about injustice, and about conspiracy, profits, and ill will towards all.
 
They hijack award systems to claim, incorrectly and falsely, victory andacknowledgment.
 
Even after being adjudged fraudulent themselves…
 
If your opinion opposes their’s, then crucifixion and burning at the stakes begins and doesn’t stop until the witches are excoriated.
 
But never, ever, is there a solution suggested, or any attempt to make a positive change. 
 
Just victimization.

You may not choose to BECOME a victim, but you do choose to REMAIN a victim…
You all know who I’m talking about. I know you’re upset at bloggers, at TPAs, and a whole host of other people connected to the work comp environment, and this is fueled by your personal experiences. I completely understand your emotions and what you believe in.
You have drawn ire from people in the industry, but it’s not because you are being vilified, or because they have a disdain for the injured worker with a voice, or any other malicious reason.
It is very simple – you offer nothing positive relative to change.
Anyone can complain. Few do anything to effectuate change.
Drawing attention to the negative does nothing to further the conversation, offers no solutions, provides no road map.
It’s easy to foment revolution, but revolution without offering a solution (and not nationalization of work comp or calling in the National Guard) simply ends with anarchy.
Some have gone as far as criticizing their own – people who are working hard at making changes in their own way. There is a visible injured worker population who are doing something POSITIVE. They have taken their rage, disgust, observations, and done something that helps others. It is long, it is tough, it is out of the ordinary – but it is effective, demonstrates a solution and one that will likely result in positive change as organizations review and study what is being done and then implementing it it their own systems.
It simply is not enough to complain. Everyone has a complaint. A complaint without a solution is bullshit. You may as well just dig a hole and hide because no one is going to pay attention.
Everyone knows that bad things happens in work comp and that there are profiteers off of the injured. That’s no secret.
So what are YOU going to do about it? 
Working outside of the system, criticizing others, denigrating the institution, doesn’t help anyone, anywhere, and in fact makes one simply a militant.
The answer is to work WITH the system. Everyone does it in their own way. They work, and work hard, with other people that WANT to make a difference understanding that this is not a one person job; hell, it’s not even a job for a community, but a job for an industry of people.
Maybe I call them as I see them, but I also work with the top leaders to help with change.
It doesn’t happen quickly. Heck, sometimes it doesn’t happen at all.
But other than publish vicious attacks, why not study the system, study the law, the regulations, and PROPOSE solutions that a politician or regulator or chief executive, or any other leader can endorse and work with?
What has happened, through this militant virulence is that your credibility as an activist is suspect because you attack everyone (and I’m sure to end up on that attack list because of this post).
 
Here’s the deal: Too many people don’t want to assume the same level of responsibility that they presume for their rights.
 
If you want change then make change happen with action. Actually DO something POSITIVE. Blogging, calling others names, denigrating the institution – none of that matters. 
 
What’s YOUR solution? How are YOU going to step up and BE change?

15 comments:

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  • Darren Fonzseau has left a new comment on your post “Assume Responsibility”:

    Possibly the one’s who need to “accept the responsibility”are the profiteers conspiring and stacking the legislative, economical, and judicial deck, against the injured workers grand bargain, for profits to start with?
    And the Nationalization of workers comp is not offering a solution? And lets go down militant road. I would say the man in Neveda who shot the work comp adjuster, was the one being militant. I would say Dr.s & insurance co’s who maim and deny for profit are being physically and economically militant. I would say industry mouth pieces, who arm themselves with guns and bullets, and feel the need to blog about that fact, are being militant. Out of fear of the injured they like to ridicule for voicing their valid solutions. Injured workers who blog and call out the bad players, for who they are, are not militant, but exposing those who conspire to harm for profit. Injured workers (are) offering solutions, just NOT OPT OUT!, but Single Payer as a solution. A Solution that folks who profit off the industry do not want to hear. And if the solution does not align with the conservative cost containing capitalist, then the injured workers trying to have their voices heard are shunned and labeled as militant. Just because the majority of sheep bow down and accept the abuse of their oppressors, does not mean we all have to. You yourself have reported on the injustice in workers comp, yet your answer for the abused are to learn to just accept an endure the abuse of their oppressors.
    Its not just the injured workers offering single payer or Nationlized care as a solution, but many other labor activists as well.The injured are offering solutions, just folks in the profiteering industry do not want to hear, nor agree with a solution that folks can not profiteer off. Brain Labor Report 2-24-2016 – State of workers compensation http://www.kskq.org/index.php/127-brain-labor-report/3902-brain-labor-report-2-24-2016-state-of-workers-compensation

    The injured, especially the non catastrophic ones, are being bullied and cost contained out of their grand bargain, you know this, and yet your suggestion is to just find a way to accept it, and learn to endure what the profiteering capitalist “GODS” have dealt us. So would you tell the spouse of domestic abuse to just learn to accept what their abusers is doing to them as well? Just because their spouse is more profitable, and powerful than those they are abusing? Is it the folks in the industry labeling the abused who are crying out about the abuse, as radical, crazy, or militant, just what the abusers in domestic relationships do to those they victimize? The injured workers are getting organized, and are doing more than just blogging to have our voices heard, and to expose the abuse of an industry that has ran amok, all for profits.
    How Workers Compensation Bully’s Injured Workers.

    [Read More by Darren Fonzseau on LinkedIn…  “Fighting for the Grand Bargain and the rights of injured workers” ]

    Posted by Darren Fonzseau to DePaolo’s World at May 10, 2016 at 3:55 PM

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  • Thanks for making my point Darren.

  • This comment has been removed by the author.

  • Thank you for the censorship of the injured workers points of view, as well. I don’t know why you fear what injured workers have to say on the matter. What is it about our solution of SINGLE Payer, that scars you so much? All’s you did is make the injured workers point as well, that those in the industry that blog about it, are part of the problem, and do not want to hear the real solutions the injured have to offer.

  • Record straight – I (David DePaolo) did not remove or censure any reply to this post. Darren removed those himself (“This comment has been removed by the author” references the author of the comment, not the author of the blog).

  • David…you are so right, as I too have been attacked by the very person whose comments you removed. Derangement is in the air not only in politics, but elsewhere. Attacking a research organization out of New England that has nothing to do with injuring workers is a sign of derangement. Conversely, so too is attacking annual meetings of another organization that collects data for the industry to use. My writing has always been about speaking up for all workers injured on the job, including the ones who have been most harmed by bad actors. But the flammers are not the only ones who do harm. Those with big titles in the industry who ridicule new ideas, no matter how far fetched and outside the box, or border it is have also done harm by insisting that real change is not possible, so we just have to be content to keep doing the same things over and over again, and expect different results. Given what many of our fellow bloggers have written about the transition work comp is going through, it is clear that in the future, it won’t really matter what either side says, there won’t be work comp anymore, just one silo — health care.

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  • Deranged or not? I have been invited by one of my State Senators to share my passion’s and views on the plight of the inured workers, before our humans rights commission. Possibly if our system is making folks “deranged?”, it is broken and harming the very folks its there to supposedly help to start with. And the only injured workers you have blogged about, are a couple of the very same injured workers, David is also chastising here today. And just for the record, David only censored one of my comments, it was I who removed all the rest. Have you been invited by any of our nations leaders,to speak at any of the human rights commissions on the injured workers plight? I didn’t think so. Possibly your not “Deranged” or out raged enough about the harm being done to the injured workers, all for profits of a few, for our leaders to care about what you have to say on the issue. Just saying. Possibly it was a derange workers rage, that got Sen. Sanders and the other nine Senators to speak up about the harm happening to injured workers to start with. U.S. Lawmakers Call for More Oversight of Workers’ Comp https://www.propublica.org/article/lawmakers-call-for-more-oversight-of-workers-comp
    Of course I wouldn’t expect any of the industry bloggers to report on these facts, that our Senators are worried about the same issues, that the so called militant injured workers are trying to get exposed. Are these US Senators “Deranged, and militant as well? For suggesting Single payer that would get rid of the profiteering insurance cartels? Hmm? I wonder.

  • 1 of 3 comments: Hi David, We have turned to you in the past because you seemed to be one of the few people in workers compensation who are willing to acknowledge “the bad actors”, the fraud perpetrated by employers and others.
    Don’t take this wrong, David, but I wasn’t surprised. Not because I believe in what you have written about injured workers but because I thought that the industry “actors” would pressure you or that you would feel pressured to lash out in writing against some of the injured workers who are blogging, expressing themselves in what seems to be the only avenue we have. I believed that you would take this path for self-preservation within the industry or to help an industry that, as you wrote in the past, one of the industry vendors said to you, “David, you know that this {industry is dirty}”.
    I think that you already know this. We, injured workers, have taken other steps, many other steps. Those steps include contacting law enforcement who refuses to take any complaints against those in the WC industry who are committing crimes against injured workers including heinous crimes of maiming, essentially assault and battery of injured workers during WC medical procedures. Not only myself, but other injured workers have contacted Governor’s, including Jerry Brown’s office, Senators, Congressmen, Assemblymen, district attorney’s offices, news media, ProPublica, etc. We seem to have exhausted all ideas, thus, are left to write about our experiences if nothing else, but to warn the public.
    Some of us are in chronic pain not only because we were injured at work but, as in my case, I was systematically maimed by workers compensation “network medical providers”. My phone has been tapped since shortly after I filed a workers comp claim and still is tapped. My e-mails and computer hacked. I have been OVERTLY aggressively stalked, intrusions into my home several times, tainting of food and refreshments including ice-tea in my refrigerator, WC documents stolen out of my home INCLUDING a receipt from the DIR for the 84 pages of Exhibit’s that I turned in for trial, medical history stolen out of my home, camera lens finder gone from my home, my dog has been poisoned, my car vandalized several times, electronics in my home stop working, I was systematically and brutally maimed during workers comp medical procedures in particular the last lumbar ESI wherein I was brutally forced under anesthesia against my advance directives and maimed from my skull down to my tailbone no doubt out of some depraved strategy on the part of the defense, documents including my anesthesia paperwork have been falsified, I have been refused copies of documents at medical providers, I have been refused items that I have requested since January 2014 including a taped phone interview that I was recently informed is maybe missing, medical tests both inside and outside of workers comp falsified and much more. A workers comp investigator showed up at a medical visit outside of workers compensation and they cooperated with her!

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  • 2nd of 3 comments:
    I have repeatedly tried to get law enforcement, DIR, DWC, WCAB, and many others to help but to no avail. I have spoken to “applicant attorneys” who have informed me that what I have experienced “happens” to injured workers. One medical provider who used to work in the workers comp system said to me, “You have to be corrupt to survive in this business.”
    According to the “National Center for Victims of Crimes”, the campaign of crimes and harassment that I endure actually has a name – It is called “group stalking” aka “organized stalking”. I have since found out that these campaigns of crime are perpetrated against injured workers (as well as non-injured workers) by law firms, employers and insurance carriers, etc. The strategy is meant to destroy the person who is the target in several ways that include financially, physically, professionally, personally and mentally. The next step is to then lure the injured worker into a psych evaluation wherein yet another falsified medical report will be issued that indicates that the injured worker is delusional or mentally ill. A “well oiled machine” that I understand has been utilized for a long time to destroy the credibility of the injured worker.
    Injured workers are left to advocate for each other. I write about what I am going through to warn other injured workers. I approached a well known applicant attorney here in CA, shared with him what I was enduring. I asked him to join with me and other injured workers to mandate a “Disclosure Warning to Injured Workers” that would warn injured workers and hopefully, subsequently, the nation, of the pervasive fraud, corruption, crimes and strategies that are commonplace in the WC industry. He said, and I quote, “We have enough trouble trying to get medical treatment for our clients.” Well, medical treatment is not what some of us received or are receiving when we were sent to physical therapy and surgery centers.
    Take responsibility, your title says. Well, the fact is, we are. We seemed to have exhausted what should be agencies that should avail themselves to help us. We’ve learned that insurance corporations, law firms and employers have extraordinary powers.. that they can commit crimes with impunity with others who are either colluding with them against injured workers or who are just as concerned about becoming the victim of “organized stalking”. I am assured, it’s about the money!!! Therefore, we are, like WC industry “actors” do, writing down our experiences, our points of view / observations and our warnings to other innocent injured workers / human beings.

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3rd of 3 comments: Can you lend a pro-active hand and tell us, how do we get help from an industry that is driven by money that only the employer and insurance carrier has? Even the Judicial system in the WC industry is corrupt which, to my surprise, is no big secret within the industry! I’m told that the money that goes to district attorney offices throughout the State of CA is actually funded by the insurance industry! No wonder insurance carriers and their operatives aren’t the focus of crime within the WC system. District Attorney’s offices are focused on who is committing crimes to the disadvantage of the insurance carrier only, or so it seems. Going so far, I read, as participating in “malicious prosecution” of injured workers.
I have seen even the WCAB employees protect the defense in my WC claim. The Judge herself removed a two page document from my 84 pages of exhibits that I rendered before the trial and replaced it with a document that the defense attorney handed her at the meeting we had JUST BEFORE THE TRIAL. She asked me questions before the trial, about my documents as the defense attorney sat there and listened. It is my opinion that he realized that he shouldn’t put the HR Mgr. of the company where I once worked (was fired from less than 3 months after filing a workers comp claim) on the stand because he was then aware of where my line of questioning her was going. Then, Judge Gordon called me to the stand first. I learned after I was denied the right to present my side of the case, to speak on the exhibits that I submitted, tht the defense attorney decided not to call her. I had no money to pay the $40.00 plus mileage to call her as the witness so I intended to “cross examine” her. I can thank Judge Gordon of the Anaheim WCAB.
“Conspiracy” you say? I’ve heard that word several times from people within the workers comp system including during a phone call that I made into the WCAB I&A dept. as I was looking for help. It was also used by Judge Gordon as she questioned during the trial. It seems to be utilized to diminish the injured workers observations as they express their experiences and talk about fraud, corruption and perhaps crimes related to their workers comp claim – topics that you and other industry bloggers write too. I find that “interesting”. Perhaps, we as injured workers, should consider a tactic such as using the word “conspiracy” when the insurance carrier or employer whines about fraud that is minuscule in comparison.
If there are only a few “bad actors” then I and many other injured workers keep meeting them. How do injured workers “take responsibility” for the corrupt actions of others? I doubt that there are only a few. I would add that their powers have proven effective as we seek medical help even outside of the WC realm.
Regarding the blogging that a few injured workers (not myself) wanted recognition for… what was the harm in politely recognizing their efforts that are meant to help protect other injured workers?
I wish you the very best Mr. DePaolo, I truly do.

Reply

Google Search Workers Compensation National Discussion 5 11 2016 1245 pm pdt
THINK LOCALLY.  ACT GLOBALLY.  #OccupyVirtually and #DodgeTheRads!  
It’s DANGEROUS OUT THERE!  #StayOuttaTheStreets!!!
Google Search OCCUPY VIRTUALLY 5 11 2016 1103 am
UPDATE:  5/27/16

Let’s Add these Videos, Vlogs and Blogs to the American National Discusssion on Workers Compensation.  Let’s join forces with our allies in Canada, UK and Australia.

“So who’s committing all this fraud?” and causing such harm to Injured and Disabled Workers around the world?  If you know them, NAME THEM.

TO REMAIN SILENT IS TO BE COMPLICIT IN THESE CRIMES.

See the series, ASK ABOUT WORKERS COMP GRAVY TRAINS 

See more MAY NATIONAL WORKERS COMPENSATION DISCUSSION disparagement developments.
work comp guidelines diagram

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?”
.
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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?
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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?)
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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.
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OK, let me know where we are.
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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.
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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!
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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.
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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.
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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)



Ask About Brain Injury and WorkComp Survival Now 

WorkComp – It’s Not Personal? It’s just the law permitting the maiming and killing of America’s working class? I don’t think so.

TBI END THE SILENCE

—–Original Message—–
From: lindaayres <lindaayres@aol.com>
To: fred.sachs <fred.sachs@cna.com>
Cc: kmall <kmall@grancell-law.com>; mary.falvey <mary.falvey@wyn.com>; tina.jordan <tina.jordan@wyn.com>; sreubens <sreubens@grancell-law.com>; michael.dougherty <michael.dougherty@wyn.com>; christopher.petrosini <christopher.petrosini@wyn.com>; fred.sachs <fred.sachs@cna.com>; tara.chmiel <tara.chmiel@wyn.com>; marybeth.stolworthy <marybeth.stolworthy@wyn.com>; daniel.elliott <daniel.elliott@cna.com>; michael.grabell <michael.grabell@propublica.org>; 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>; shane.riedman <shane.riedman@cna.com>; mary.falvey <mary.falvey@wyn.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; Lindaayres <Lindaayres@aol.com>; wynlinda <wynlinda@gmail.com>; lindaayres <lindaayres@aol.com>; workcomplinda <workcomplinda@gmail.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>; fred.sachs <fred.sachs@cna.com>; michael.dougherty <michael.dougherty@wyn.com>; tina.jordan <tina.jordan@wyn.com>; scott.mixon <scott.mixon@wyn.com>; PKlimenko <PKlimenko@grancell-law.com>; SReubens <SReubens@grancell-law.com>; shauna.chiappella <shauna.chiappella@cna.com>; nick.ciabattoni <nick.ciabattoni@cna.com>; bill.boyd <bill.boyd@cna.com>; fishneck0 <fishneck0@gmail.com>; brando.davis <brando.davis@cna.com>; nick.pottebaum <nick.pottebaum@cna.com>; nina.jones <nina.jones@cna.com>; jo.speight <jo.speight@cna.com>; joshua.ramons <joshua.ramons@cna.com>; marta.pilch <marta.pilch@cna.com>; matt.holmes <matt.holmes@wyn.com>; mary.falvey <mary.falvey@wyn.com>; bruce.sussman <bruce.sussman@wyn.com>; joseph.webber <joseph.webber@wyn.com>; andrew.porter <andrew.porter@wyn.com>; behcet.yener <behcet.yener@wyn.com>; mike.browne <mike.browne@wyn.com>; dominic.bucci <dominic.bucci@wyn.com>; christopher.nowak <christopher.nowak@wyn.com>; tom.barber <tom.barber@wyn.com>; ram.seshan <ram.seshan@wyn.com>; jeffrey.krietman <jeffrey.krietman@wyn.com>; yixi.chen <yixi.chen@wyn.com>; seema.yadav <seema.yadav@wyn.com>; bill.paterson <bill.paterson@wyn.com>; linda.duren <linda.duren@wyn.com>; rodrigo.correa <rodrigo.correa@wyn.com>; josh.dow <josh.dow@wyn.com>; gamal.bassiouni <gamal.bassiouni@wyn.com>; faith.aronow <faith.aronow@wyn.com>; desiree.rico <desiree.rico@wyn.com>; doug.parks <doug.parks@wyn.com>; sharon.wilcox <sharon.wilcox@wyn.com>; bruce.hahn <bruce.hahn@wyn.com>; nicholas.bird <nicholas.bird@wyn.com>; riley.carr <riley.carr@wyn.com>; cassie.kerr <cassie.kerr@wyn.com>; james.cole <james.cole@wyn.com>; meredith.teffeau <meredith.teffeau@wyn.com>; dina.hall <dina.hall@wyn.com>; cathleen.conway <cathleen.conway@wyn.com>; juan.bernall <juan.bernall@wyn.com>; lisa.lehman <lisa.lehman@wyn.com>; yulanda.shellman <yulanda.shellman@wyn.com>; michele.nuccitelli <michele.nuccitelli@wyn.com>; jillian.dick <jillian.dick@wyn.com>; diana.dreher <diana.dreher@wyn.com>; michelle.jenkins <michelle.jenkins@wyn.com>; mark.lamonaca <mark.lamonaca@wyn.com>; michael.gussow <michael.gussow@wyn.com>; ron.gentile <ron.gentile@wyn.com>; tiffany.rhodes <tiffany.rhodes@wyn.com>; josepth.burns <josepth.burns@wyn.com>; brooke.jones <brooke.jones@wyn.com>; colton.pifer <colton.pifer@wyn.com>; jim.kidd <jim.kidd@wyn.com>; jeremy.barker <jeremy.barker@wyn.com>; matt.holmes <matt.holmes@wyn.com>; ross.buckley <ross.buckley@wyn.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; frank.tirone <frank.tirone@wyn.com>; workcomplinda <workcomplinda@gmail.com>; lindaayres <lindaayres@aol.com>
Sent: Wed, Aug 26, 2015 5:32 pm
Subject: LINDA AYRES VS. WYNDHAM WORLDWIDE CNA 33269102we / print out of monies paid to injured worker since date of injury and MEDIATION UPDATE

Dear Fred Sachs, CNA Adjuster:  

I AM UNABLE TO RETURN TO COASTLINE ACQUIRED BRAIN INJURY PROGRAM TO COMPLETE THE PROGRAM DUE TO CNA/GRANCELL/WYNDHAM WORLDWIDE.  I don’t have the money.  CNA refused to pay benefits and refused to provide medically necessary treatments since the date of injury.   File churning seems to be all the defense can do, along with obfuscation of facts, and out right making stuff up, and pretending their efforts are “the law”…..
I have spent nearly $50,000 trying to recover from the brain injury of 1/9/12 at the WorldMark By Wyndham Big Bear California resort, where no workers compensation policy, process or procedures were in place or known about by even Tina Jordan, who has apparently been promoted to even higher levels of incompentence.  I have spent funds on medically necessary treatments that CNA failed to authorize, many failures based on clearly fraudulent activities of the law firm, Grancell Stander etc. in ommission of hundreds of pages of medical records, and false and misleading statements to evaluating doctors— cost incurred to survive the atrocities of Wyndham’s pathetic, vicious, cruel,  and what appears to be diabolical and criminal workers compensation program.  What’s next?
 
Just wait and wait and wait?  OK…. If’s that’s the plan, that’s the plan.  I SURRENDER TO THE COMFORT OF MY HOME AND WAR ROOM.
 
Capture WYN COUNT ON ME PROGRAM.JPG
 
Stewart gets a little annoyed when I copy what he calls “supplemental people” but since he says he wants to “work with me” yet does everything contrary to making it possible for me to return to work and life, well, I just thought it best to include a few people more “supplemental people” who have also viewed my LinkedIn Profile so we can all be on the same page as we work this out.  I hope all the email addresses are correct. I guessed at some.  We’ll count on Michael Grabell to keep the appropriate ProPublica people advised.  
 
BTW, you see their new articles?  POWERFUL STUFF!  GO PROPUBLICA!  HELP SAVE THE AMERICAN WORKING CLASS FROM THE WORKCOMPSTERS! GOOGLE IT!    Start with THE DEMOLITON OF WORKERS COMPENSATION and move along to THE DEMISE OF WORKERS COMPENSATION.  
 

First of all, it’s not personal.  It’s not business.  It’s simply survival and an act of DEFENSE AGAINST THE PSYCHOPATHS.
1. I need a print out of the moneys CNA allegedly paid to me; SSA is having some confusion about what appears to be fraudulent mis-statements of facts. 
2. What’s up with mediation and EAP???
What you people have done to me, you’re doing to otherss, and quite frankly, I think it’s time for it to stop.  Dr. James O’Brien, Forensic Psychiatrist who was apparently paid handsomely to do the bidding of Grancell Stander “by any means necessary” suggested if I have human right complaints that I be told to TAKE IT TO THE HAGUE.
Ok.  We’ll put that on the list.  Might not happen before I expire, but the Millenials will rise and shine.   They’re special that way, aren’t they.  Boomers can offer the support that our years can provide.
 
It’s been over 3 years and 7 months since my injuries and since I worked…. YOU DON’T PAY BENEFITS OR PROVIDE MEDICAL CARE.  THE WYNDHAM BOARD SHOULD HAVE  AN EMERGENCY SESSION, AND CARL ICAHN GROUP SHOULD BE PRESENT….
 
Why don’t we agree to continue future communications via LinkedIn.  I will create a new group called…  WorkComp ADJ8181903. 
 
If we are not yet connected on LinkedIn, let’s get right to it.   https://www.linkedin.com/in/lindaayres311   I have about 90 unpublished blogs…. we’ll start back from the beginning so we can bring this case up to date…in a WAVE, so to speak.   Thank you for this opportunity to be of service to My Fellow Americans also being tortured, maimed, and prematurely killed by the CNA version of the WorkComp Grand Bargain aka WORKERS COMPENSATION INSURANCE.
 
WE ARE THE MEDIA NOW THANK YOU.JPG
 
Short Version:
Two things, well, three:
1.   Benefits Print Out – please send me an updated copy….. SSA is confused about what CNA actually paid; I said it’s more fraud, experts tell me to wait and see;
2.   Mediation Status – are we going forward with Judge Siemers now or in January 2016 or later?
3.   Any luck in finding a primary treating doctor for me, with brain injury expertise to replace Dr Bergey who left the case in December 2014? Stewart says it’s not his job to find a doctor; Stewart also says he has nothing to do with medical treatment; Stewart sure seems to bend the rules as he makes stuff up, doesn’t he? SO WHO IS RESPONSIBLE FOR FINDING AND AUTHORIZING A TREATING DOCTOR AT THIS POINT?  KIM MALL AND VALERIE JAMES PICKED DOCTOR BERGEY WHEN THEY DIDN’T LET ME ME SPEAK TO THE JUDGE IN DECEMBER 2012…. Do you realize in over 3 years and 7 months I have been unable to be seen/heard by a Judge regarding my right to medical care?  Yeah, All court time has been pretty much legal chicanery about hundreds of pages of medical evidence being omitted with intent to deny medical care, and this year the joke du jour is attempting to get the Judge compel me to see an ENT – EAR NOSE AND THROAT doctor for a BRAIN INJURY.  IT’S A LITTLE SMARTER THAN KIM’S INSISTENCE ON AN ORTHOPEDIC SURGEON FOR SAME, BUT NOT BY MUCH.
Because of the failures of so many people involved in my case, and the refusals to communicate with me, (or to send polite but empty responses like Tina Jordan’s Sunday morning email suggesting she missed the emails about return to work in December (not August) and the need for a doctor to sign off, I have nothing left to do but blog. I have approximately 90 draft blogs since summer 2013.  Watch for them.  Perhaps your organization willl learn something about the horrors of America’s workers compensation “EXCLUSIVE REMEDY”
These  patterns of continuous harm continue.  As you all knew, Coastline Acquired Brain Injury program reconvened August 24, 2015. I DON’T GET TO RETURN.  SO I GUESS I AM BACK ON THE REST AND WAIT AND WAIT AND WAIT AND WAIT PROGRAM.  ANYTHING ELSE WE NEED TO ACCOMPLISH BETWEEN NOW AND DECEMBER 14,2015?  ANY MEDICAL CARE? CHECK MTUS/ACOEM GUIDELINES….  WE’LL TALK MORE ON ISSUES AND EVIDENCE OF FRAUD, THREATS AND EXTORTION AND PERHAPS MORE WILL BE REVEALED.
What’s the status on the request for intervention by:

SmartComp Insurance Services: Workers Comp Services …

www.smartcompinsurance.com/

Providing Employers and Their Employees an Alternative to Litigation.

LinkedIn rankings 826 2015 435 pm pdt.JPG
I will be filing more complaints with DOJ, AG and ADA — I have more names to provide to them.  The CorVel list of doctors is pretty incredible, isn’t it?

I THINK YOU ARE MONSTERS TO DENY THIS FINAL BIT OF HOPE—- returning to Coastline ABI program —  FOR ANY SORT OF LIFE TO ME.  I WILL BLOG NOW, SINCE I DO NOT HAVE FUNDS TO DO ANYTHING BUT TELL MY STORY, FROM THE COMFORT OF MY HOME, EVERY STINKING DETAIL.   YOUR COLLEAGUES MAY OR MAY NOT APPRECIATE WHAT YOU HAVE DONE FOR THEM.

flag distress signal
LONGER VERSION:
ACTUAL BENEFITS PAID TO INJURED WORKER SINCE DATE OF INJURY 1/9/12 BY CNA
The Social Security Administration is investigating monies paid to me since date of injuries.  It seems that that the numbers reported by CNA to various places are inconsistent and have caused tremendous burden to others in sorting it out.  Seems to be a bit like a magical ‘shell game’.
Will you kindly send me a fresh print out of the 104 weeks of payments allegedly made, with dates and payees.  Too many people also seem to think that CNA has been paying me approximately $4,000/month since May 2014…  Wow, do your records show that, too?  Where on earth is that money going?  You did not pay me too many weeks in 2012, and … I have pages and and pages of trying to sort out when costs were shifted to EDD, and how reimbursements were figured, and the weekly amounts you paid and allegedly paid are all over the map.
PLEASE SEND ME A FRESH PRINT OUT OF INDIVIDUAL PAYMENTS MADE TO ME FOR DISABILITY BENEFITS ASAP.  THE APPEALS DEADLINE IS APPROACHING.  I SAY IT’S MORE FRAUD, BUT TELL ME TO LET THE ACCOUNTANTS WORK IT OUT.
MEDIATION STATUS WITH JUDGE SIEMERS WILL OR WILL NOT TAKE PLACE? NOW OR JANUARY 2016 OR LATER?  THE QUESTION PRESENTED WAS:
“ARE YOU SERIOUS OR ???? ” ABOUT MEDIATION.  THE EMAIL RECEIVED SUNDAY MORNING FROM TINA JORDAN WAS PERCEIVED AS A CLEAR INDICATION OF FULL INTENTIONS TO CONTINUE TO CHURN THE FILE AND RACK UP BILLABLE HOURS.  IS THAT PERCEPTION ACCURATE?
HON. STEVEN SIEMERS, Retired WCJ
1939 Harrison Street, Suite 904
Oakland, CA 94612
Office Phone: (510) 318-6380
Cell Phone: (510) 316-7256
stevensiemers@gmail.com 
Curriculum Vitae for Steven Siemers
website:   http://www.compensationmediations.com/siemers.html

Oh, did you see the new ProPublica report on the demise of Workers Compensation?   Google it.  Get on their mailing list.  I hope Wyndham Worldwide and it’s workcomp program are featured in one of their upcoming articles.
Sincerely,
Linda Ayres, In Pro Per
go save yourself from the zombies
WE ARE THE MEDIA NOW (2)