Subject: VOICE MAIL RE: LINDA AYRES VS. WYNDHAM WORLDWIDE CNA 33269102WE – COASTLINE LODGING, SSA RECORD OF PAYMENTS, MEDIATION (Fred Sachs voice mail)
Hi Fred, Stewart, Tina and Michael and Shane:
People keep telling me not to take these atrocities personally, that CNA is doing this to all injured workers. They say the law allows it. I don’t think so. Fraud is a felony, that means it’s against the law.
Anyhow, attached is a voice mail message with Fred Sachs.
IF you guys can organize comp rooms at the Ramada Inn-Newport Beach on Superior Avenue, starting next week, I still have a chance to resume Coastline Acquired Brain Injury Program. Without such help, I cannot return. I’m not asking for an advance on anything because the $5,000 you provided in January to pay for lodging, Matrix called it “income” and says it gets ‘subrogated’ and I am paying that back to them. I tried to explain that it for treatment, so in essence, you gave Matrix $5k, not me, I was apparently just the intermediary. I hope that doesn’t make me complicit in some sort of insurance con-job. Yikes. So, Tina Jordan or Michael Doughtery may be able to provide lodging so I can return to Coastine and you can figure out how to pay.
Without Coastline, I would have to say you have succeeded in fully destroying my life. I know you don’t care, Shane Reideman made that very clear last fall when he called and asked me, “Tell me, Linda, when ARE you going to die?”
So, are we going to mediate with Judge Siemers? I understand he is the only Judge who can deal with a case of this complexity?
If I’m not going back to Coastline, we can mediate with Judge Simers any time. Looks like I have the rest of my shortened life span to fool with Workers Compensation, and perhaps make a difference to my fellow Americans. If not, I die trying, huh? (Shane, happy now?)
I told the intermediary that I don’t fly,[radiation levels way too high, if you read the news] but I could drive to SFO (would need a rental car, per diem, and lodging) but that would be my compromise, or perhaps the Judge come to Los Angeles. His CV is outstanding. I might be able to trust him.
I need the CNA list of what has been paid to me. I’m almost out of time to appeal their demand for a return of more money than even they gave me. They have edited their calculations a few times. Le’s find out where that allegedly monthly payment of approximately $4,000 since May 2014 has been diverted to? (Shane, is that the type of fraud your department handles??) Would you believe they even sent the initial retro-pay to a dead back account, even though my SSA retirement money had been coming to a different account for over a year? The Treasury agent found that of extreme interest.
OK, let me know where we are.
Have a great day, and “Dodge those Rads – It’s Dangerous Out There!”
ps… So, if the below is true, then there is some validity to the CNA rest and rest and rest and rest and wait and wait and wait approach to ‘treating’ a traumatic brain injury for more than 3 years 7 months, huh? No wonder I wake up ready to take on the world for the first hour or two of the day.! Thanks guys and gals!
C’mon, I want out of WorkComp, I want the 15% legal fees to be donated to Coastline Acquired Brain Injury Foundation, and I want a reasonable settlement to enable me to forget I ever crossed paths with any of you Oh, yes, I want some sort of restitution program by Wyndham/CNA/Grancell to ensure they never have the opportunity to harm another injured worker like this again. Maybe I can be on the Board of Directors of such an organization.
Stewart, can you have someone look into setting something like that up? Thanks. No rush, looks like we’re going no where toward settlement, so there’s time…. since no treatment cut my life span by more than the 8 initials years estimated by the Brain Injury Association of America, looks like we have maybe another 10 or 15 to use the media to make a difference in America? We’ll, let’s try. COUNT ON ME to do my part!
Have a great day, Everybody. I have no place to be…oh ohhhhhhhhhh…. the piano tuner is coming today. I read that playing the piano is supposed to help with brain recovery so as Stewart and Fred know, I bought a piano last year, or maybe 2013, I don’t remember. I didn’t realize, at the time, I had to learn to play it for it to be effective. A local piano teacher had me is some very simple VERY SIMPLE VERY SMALL CHILDREN’S BOOK. She was kind, but aghast at my cognitive impairments. Most of the kids she teaches start with two very simple books. We had to break it down to just one book for me. I guess if I don’t really get to return to Coastline, piano lessons are back on the agenda.
Fred, wanna pay for them? There’s also a company called LearningRx… There’s help out there for people with brain injuries, I just don’t know how Thomas Motamed can run an organization with people in the dark ages about something as simple as NEURO-SCIENCE. He takes in $10.7 million plus a year for harming people like me? Yecccch. At least at Grancell, peeps get “Bagel Fridays” and at Wyndham, well, if you’re on the A-list, you get credit-worthy tours. It all comes out in the wash, doesn’t it.
Ooooops, that was not intended to refer to ‘money laundering’ that seems to be a part of the workcomp biz models! People tell me to refrain from slinging around words like felony fraud, RICO, corruption…. I don’t swear half as much as I used to…swearing is another consequence of brain injuries. Shane, remember how I ended our Fall 2014 conversation, when you asked, “Tell me, Linda, when ARE you going to die?” Yeah, that F**k YOU! was a knee jerk reaction due to TBI.
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!
Oh goodness! That alleged #WorkComp “long time activists” gang says they are banning me and removing me from their email distributions lists forever, but gosh golly, they keep sending me emails saying they’re really gonnna do it now, and I better look out! D’oh.!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sadly, they either have Langley 401(k) accounts, have just blown a promotion for a failed attack on an injured worker, or are simply casualties of the #WorkComp Opiate Wars on Injured Workers. They couldn’t be working for CNA, could they? Naaaaaah….the timing and stupidity makes it plausible, but deniable.
Their “leaders” do seem to have long time insurance industry connections. Hmmmm. The attacks are text book out of The Rules of Disinformation and The 8 Traits of Disinformationists.
In any event, their mean spirited and non-sensical blastings are….insignificant in the greater scheme of things.
Remember Remember the 6th of December….
See you There!
I also submitted a few nominations; it was brain-racking to think of those who help vs. those who harm…
NORIN GRANCEL + CNA + THOMAS MOTAMED + LINDA AYRES + WYNDHAM – WWID 415287. OUTRAGED
“Based on the information from you and your doctors, it is clear that you are unable to return to work at this time.”
[BUT THERE VILL STILL BE NO MEDICAL TREATMENTS NOR DISABLITY BENEFITS FOR YOUR BRAIN AND SHOULDER AND NECK AND BACK INJURIES OF JANUARY 9, 2012. AS THE INSURANCE COMPANY HAS ASKED YOU, TELL US, “…WHEN ARE YOU GOING TO DIE?”]
Thank you for providing the documentation from Dr. Bergey and Dr. Chalgujian. Based on Dr. Bergey’s documentation dated October 17, 2014 you are temporarily partially disabled but may return to work if restrictions can be accommodated. However, the letter from Dr. Chalgujian dated October 20, 2014, indicates you remain temporarily totally disabled until December 20, 2014, and thus, cannot work in your role as a Sales Representative or any other role. Although you have requested information related to a sales job, in prior communications, even you have acknowledged that you do not know if you can return to a sales job and you continue to have cognitive impairments. Further, you’ve stated that you are unsure if your physicians will accept the professional liability of releasing you. Based on the information from you and your doctors, it is clear that you are unable to return to work at this time.
However, we understand you had an appointment with Dr. Chalguijian on November 10, 2014. If you were released to return to work – with or without restrictions, please let us know and complete the Accommodation Request Forms (or provide other documentation to support your release to return to work and related restrictions, if any). Once you have been released to return to work and we have information regarding your restrictions, we will continue the interactive process and reevaluate your potential return to work. Thank you.
Subject: Fwd: LINDA AYRES- WYNDHAM – WWID 415287. OUTRAGED
Thank you for your email. I guess that means continued refusal to engage in FEHA interactive process? BUMMER.
That’s quite a response. With all that said…has Mike Dougherty initiated a Claim Review and Audit of CNA and Grancell handling of my claim? I am insured under the #WyndhamWorldWide #WorkComp Insurance policy and I can’t get any help from them. Full breach of fiduciary responsibilities…and severe bad faith.
You realize the additional legal liability to Wyndham from an EEOC perspective, Shane Reidman’s (CNA Fraud investigations unit) question of “…Tell me, Linda, when ARE you going to die?” also needs to be addressed.
Tina, it is obvious from your letter that you also know I need medical treatment.
The breach of fiduciary responsibility by CNA and the obvious deceptive practices of Grancell are outrageous. The refusal of CNA to provide medical care and its failure in 2012 and 2013 to pay temporary total disability benefit is absolutely outrageous .
Tina …what do you suggest I do for medical care, for income, for good, for utilities and to prepare for return to work in some capacity and to save my life?
Intentional harm with intent to kill is a crime in America.
Please advise your suggestions on what I must do next…without medically necessary treatments without disability income without any good faith interactive process and without reimbursement for out of pocket medical expenses incurred because CNA and Wyndham kicked me to the curb and believe they are ABOVE THE LAW??
I look forward to a legitimate response. If your job been done properly at the time of injury. ..this mess would not likely be as horrific.
Make it right, Tina, and clean up this mess and assure Wyndham Worldwide Workers that what is happening to me stops eith my case. COME CLEAN. …RIGHT THE WRONGS. Talk to Shane.
LINDA AYRES, IN PRO PER
PS Will there be a #Wyndham table at the #WorkCompCentral #CompLaudeAwards on December 6 at the Sheraton Gateway LAX?
AS YOU KNOW I HAVE BEEN SELECTED AS A FINALIST IN THE INJURED WORKER CATEGORY.
I HOPE TO HAVE A POSITIVE TURN OF EVENTS TO REPORT REGARDING THE HORRIFIC MISHANDLING OF MY CLAIM. CONTINUING PATTERNS IF HARM ARE NOT A GOOD THING IN THE PUBLIC PRIVATE SECTOR.
One good thing…this case is now of national interest …serving to expose harm and corruption. ..and right now…Wyndham and CNA are right behind Ralph’s Market and Sedgwick… (Romano Trust vs Sedgwick) establishing a lethal pattern of continuous harm to injured workers in California.
PS Remember remember, the State of California approved a bonus of approximately $16,000 paid to CNA Insurance by California EDD for REFUSAL TO PAY TTD BENEFITS IN 2012, 2013, SHIFTING BURDEN TO THE STATE, AND LEAVING ME WITHOUT MEDICAL TREATMENT, DISABILITY INCOME, ABILITY TO WORK, NOR HELP IN GETTING HELP TO RETURN TO WORK.
SOCIAL SECURITY OFFICE SAYS THEY ALSO KNOW I HAVE BRAIN INJURY, BUT NO BRAINS ARE REQUIRED TO SELL TIMESHARES. D’OH. THAT’S ON APPEAL TOO.
“If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests. They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again. Once was more than enough….” – September 2014
A FEHA/Employment Law and Civil Rights Law Firm, and a Class Action Law firm are also desired. Wassup America?
“Intent” is important in WorkComp. “Intent to Kill” is a matter for the Department of Justice, imho.
The info you provide is helpful, but here’s the bottom line data I’d like to see if I can help you, informally or by representation:
(1) Who are your work comp doctors?
(a) Who is your PTP?
(b) Who are your secondary treating doctors (i.e, in other specialties)?
(c) Do you have any AMEs or QMEs, and if so, who are they?
(2) Have any of the above doctors found you to be MMI yet? As of what date?
(3) If you are MMI per any doctor, what’s your WPI and the apportionment analysis?
(4) Any trials or findings by a work comp judge yet? If so, who and at which WCAB office?
(5) What treatment is authorized? Any IMR determinations yet or in the works?
(6) Are you getting SSDI, or have you applied for it? If so, do you have an MSA? What’s the amount?
If you email me answers to these questions….
(1) Who are your work comp doctors?
I have a list of approximately 35 doctors, by specialty, diagnosis, recommended treatments (not provided) and ICD -9 codes, referred by whom and whether on alleged MPN, authorized exception or self-procured.. I have to look for it and it will follow when I get home (Thursday nite)
(a) Who is your PTP?
Current: Dr. Darren Bergey, Orthopedic Surgeon, since 2/14/2013. Knows nothing about brains, and all efforts to get me to experts failed, organized by attorney #3.
Prior PTP, Dr. Marcel Ponton, QME, Clinical Psychologist (not sure if he is a neuro-psych); Organized by attorney #2, located in Pasadena, 3 hours from my home. I met with him twice…once in April 2012, once in October 2012. He did not perform the neuro-psych tests, his colleague, Dr. Gunn, did. His other colleague, Dr. Chung provided approximately 4 clinical psychology sesssions, focussed primary on stress and pretending there are no cognitive impairments. Dr. Ponton requested neuro-feedback, neurology, neuro-optometry…. to no avail. In October 2012, after threating letter from Defense, he said I could return to work with accommodations as clerk. No medical treatment with him, but somehow after defense threat, I magically got well. Several of his reports have been repeatedly omitted by defense in order to continue to deny medical. Some of his reports read like I got the requested evaluations and treatment, but I didn’t and he only requested; complete failure to obtain medical care. (April 2012 – December 2012; authorized exception to alleged MPN, by Court Order, June 2012.)
After dismissing attorney #2 and requesting hearing for right to medical care and treatment by a specialist, I & A officer and then-defense counsel told me to come prepared with 3 doctors names, which I did, but they were not on the alleged MPN List (I was never properly noticed, that’s another can of worms). So, the two women made me chose another Orthopedic Surgeon who would then “coordinate specialty doctors”. I chose Dr. Jacob Rabinovich, Orthopedic Surgeon and had an eval and he wrote a report. As there was an increasing demand for a QME/AME, I retained counsel #3, and they didn’t like Rabinovich, so they sent me to Dr. Bergey, who is stil the PTP, but wants out as they have been threatened by defense to stop requesting brain injury treatment or they would lose their MPN status. On my right shoulder rotator cuff injury, clearly evidenced as a impacted body part by several reporting doctors, discovered by Dr. Bergey after physical therapy authorized Spring 2013, authorized MRI of shoulder, recommended shoulder surgery (no thanks, I’m familliar with Romano Trust vs Segdwick)….defense then told Dr. Bergey stop reporting it as “industrial injury” so mid-summer 2013 he changed it to “non-industrial”…. a Crowe-Paradis report obtained by defense in Nov 2012 with intent to coerce premature settlement also included the right shoulder….so it’s just silly that once the severity is discovered they want to say “oops, not related”… D’oh.
Attorney #1’s “office manager” was the case manager and was the first to send me to an Orthopedic Surgeon. I told her I needed a brain doctor, she said Work Comp required I start with an Orthopedic Surgeon. His name is Dr. Sunny Gurvindo (?) UPPAL. The office manager also said, “there’s no psych component to a work comp injury”… I said, “It’s not a psych component, it’s my BRAIN.”….
The first doctor I saw, on the date of injury, was local chiropractor, Dr. Jamie Whitlock. I thought I just needed an adjustment. He said I had a concussion. By Wednesday of that awful week, I was getting all sorts of confusing info and directions from employer, so I called EAP for help for confusion. They sent me to a clinical psychologist, Dr. David DeGoede, who administered several tests, referred me to a local neurologist, and told me to get anMRI by any means necessary. (I knew nothing of any MPN, was just following directions of EAP.) Dr. DeGoede became my first PTP.
SUMMARY OF PTPs:
Dr. Daniel DeGoede, Clinical Psychologist, referred by Wyndham EAP program, paid for by CIGNA (Jan-Apr 2012)
Dr. Marcel Ponton, Psychologist, referred by attorney #2; also a QME dude. (Apr – Dec 2012)
Dr. Jacob Rabinovich, Orthopedic Surgeon, one time evaluations; replaced by attorney #3’s doctor: (1 visit)
Dr. Darren Bergey, Orthopedic Surgeon….. (Feb 2013 to present; wants out)
(b) Who are your secondary treating doctors (i.e, in other specialties)?
PAST: Bijan Zardouz, insurance company doctor- neurologist, no expertise in TBI, no brain knowledge, designated as 2nd TP by attorney #3, Zardouz thought it was a one time consult and wrote a egregiously incorrect report for top dollar. Defense had omitted more than 300 pages of medical records; took court order to get the missing records to the doctor and requesting a supplemental report. He threatened to sue me for “harassment” for properly serving the omitted records; so I had to convince the Judge to get involved. Rather than just send the omitted records, defense just sent a box of all records again and told them to figure out what they missed. 😕
CURRENT: Dr. Hilda Chalgujian, Neuro-Psychologist (authorized exception to MPN)….. Dr. Bergey’s office threw up their hands at the last denied medical care or eval or specialist for brain trauma, and told me, “As you can see, they will not authorize any medical treatment we request. You will have to find your own brain doctor.” Through a series of phone calls and emails, I found Dr. Hilda who was willing to help me/treat me. Defense jumped in and asked her to do a comprehensive evaluation (she did a 40 pages report, incuding review of prior doctor evaluations) and Defense agreed in Court to have Dr. Hilda as Secondary Treating Doctor. She is not a work comp doctor and works primarily with head injuries. I see her mostly weekly. Her report was May 2014, progress report over due and expected next week. Dr. Hilda and her report were extremely instrumental in finally getting me some help at an interdisciplinary treatment center like SCRIPPS. She is also disappointed the amount of time was cut so short. I don’t think she thinks I’m employable, but she knows I have to return to work to keep a roof over my head in light of the monsterous behavior I have been subjected to. On Monday I will ask her again about RTW and accommodations and timing.
CURRENT, SELF PROCURED, DOESN’T FOOL WITH WORK COMP INSURANCE:
Dr. Michael Lobatz, Neurology-Psychiatry, nationally acclaimed, Chief of Staff at SCRIPPS, organizes SCRIPPS BRAIN INJURY REHABILITATION CONFERENCE ANNUALLY FOR PAST TEN YEARS for and with scientists, military, doctors and other rehab providers. I attended, at his invitation, the May 2014 event, and learned a great deal more about TBI, and thanks to Dr. Lobatz, the way was made easier to get into SCRIPPS, and his recommendation was for interdisciplinary treatment for 3 months, 3 x a week. It was reduced further from Dr. Hilda’s request, by the insurance company, to 4 x a week for 4 weeks, extended by 8 more days. No current appointment scheduled with Dr. Lobatz, although he has been kept apprised of Day Injury Program results and progress. He didn’t care if I went to SCRIPPS, Learning Center or that other one in Encino…. just care that I got some help. [There is a program in Newport Beach, a one year program, for cognitive remediation that I am currently applying for…it’s a 3 step interview process, and it’s inexpensive but I would have to relocate, if accepted. and if either Social Security or LTD kicks in for income, or settlement happens.)
(c) Do you have any AMEs or QMEs, and if so, who are they?
A big mess created by Attorney #3
AME/ Forensic Psychiatrist – James O’Brien APRIL 2013 with supplemental reports of Aug 2013 and I think October and October 2013, covering his fraudulent tracks poorly — initial report created on incomplete medical evidence (omission of more than 300 pages of medical records; same as above, Court ordered supplemental report upon delivery of omitted documents by defense. First report indicated that ‘if the finder of facts found evidence of a slip and fall concussion, of course medical treatment would be in order’ and went on to opine, by changing dates of injury to 2013, and used 2012 records to suggest “prior head injury and cognitive failures” etc….. to a full scale “pissing contest” where I suggested he and defense invoke 5th amendment and they moved to secrecy attempting to conceal the records from me and to continue to use them, asking evauating doctors to review but not summarize because of my ‘fragile emotional state’…. by the time his work of fiction (about $10k in fees) was done…. I never had a slip and fall (which was witnessed, and my manager helped me up from the ground)… he further opined that I just had epilepsy and never even fell….. Felony Fraud, imho. I have evidence; DA found my complaints of interest, so did DOJ.
QME/ Neurology – Dr. Ronald Kent – December 2013 – again, issue of omitted records of more than 300 pages by defense, followed by supplemental report (without court order). This doctor spent 35 miinutes with me, his staff regurgitated poorly prior medical evidence, and he said that essentially, women over 35 are not entitled to medical treatment for a brain injury and that since I didn’t get any in the first two years, tooo bad, deal with it. This guy teaches new doctors at UCLA. Those med students would be wise to be afraid, very afraid.
QME/Orthopedic – Dr. Jefrey Holmes – PENDING …. Attorney #4 agreed at an expedited hearing for medical treatment that I had organized….for my right to medical care and to dispute the O’Brien fiction, simply agreed to an Orthopedic eval. It was arranged, postponed, arranged, cancelled, order to compel invoked, was off calendar so didn’t happen, Defense and IW agreed then to postpone till further notice; today Defense asked if it’s time to reschedule; I asked him to wait till I get the accommodations request and interactive process and PROPOSAL FOR RESOLUTION done, or to just plan it for late September or October, late in the afternoon…. He said to let him know when I’m ready…. I told him we’lll tie it to the Proposal for Resolution.
(2) Have any of the above doctors found you to be MMI yet? As of what date?
Nobody has found me MMI yet, although in October 2012 Dr. Ponton suggested I could return to work as a clerk.
(3)If you are MMI per any doctor, what’s your WPI and the apportionment analysis? N/A
On further thought, the AME Forensic Psychiatrist and QME Neurologist did write something about WPI and MMI….some ridiculously tiny number.. I can look for it. In my head, their reports are such works of Fraud, I discount everything in them.
Their reports are debunked by Dr. Hilda Chalgujian (professionally and nicely)…. and the authorized SCRIPPS time and treatment and recommendations for more treatment clearly debunks their allegations that I have no head injuries or that they are minimal.
Defense counsel (Kim Mall- Grancell, Corona) attempted to lead them to say that a car crash of 2008 and a prior car crash in 2003 were the cause of problems, even though there was never a previous complaint or treatment for any of the symptoms. However, Dr. Kent, Neurologist, also moved the date of injury to 2013 in his reports and indicated I sought help for confusion, inability to speak, etc, PRIOR to Industrial Injury, citing 2012 initial evals organized by Dr. David DeGoede (EAP referral) as polite obfuscated evidence and the neuro-psych he sent me to, another authorized exception.
If settlement is not reached in the foreseeable future, it seems to me the O’Brien, Kent, Zardouz fraud will have to be debunked in trial. I don’t think any of them would care; they clearly have insurance company ‘protection’ …….. At one point, O’Brien asked to be removed from the case and his report withdrawn……… since WC seems like the internet, once it is written, it never goes away………..they attempted alternative tactics…. via character assassination. His findings contradict findings of all other doctors….. a jury might find it of interest, and defense knows it.
When current PTP, Dr. Bergey, was threatend re MPN status for trying to get me help, his office called me, advised me of same, and moved my scheduled appointment up a week so I could come in for my final appointment. I think they insinuated that for business purposes they had no choice but to call me P & S, and release me. You might imagine the content of my written response. My next progress meeting was with Dr. Bergey directly, rather than PA, and his report was stronger He seems to frown on being threatened by insurance carriers. Smart guy who does not seem to be easily intimidated. He knew when I arrived at his office on 2/14/13 that I needed a brain doctor and it wasn’t him. They have tried and failed valiantly trying to get me help. The acupuncture and chiropractic I got this year was not their doings…it took a Court order. Yeah, unbelievable.
If you decide to consider my case further, I have all the medical records and I am expecting SCRIPPS discharge report early next week…. I can email you anything I can find.
I don’t want to fool with this for years and years and years like some of my FB buddies……….they count on that, don’t they? Count me out….I’ll fight from the side, we do not…forget.
(4) Any trials or findings by a work comp judge yet? If so, who and at which WCAB office?
Judge Victor Jimenez has been the primary judge I have dealt with. I have had other Judges assigned to the case, but it always gets back to Jimenez. Presiding Judge Sanford-Wachtel gave me his card and encouraged me to contact him if there are issues, after the first failure to provide requested ADA accommodations. The Information & Assistance Officer, Valerie James, has been instrumental in ensuring failure to get medical care and has denied ADA accommodations and even confiscated my cell phone at one hearing; I filed an ADA complaint with DOJ. EEOC called me and said the issues involved were more than two years ago, too bad
(5) What treatment is authorized? Any IMR determinations yet or in the works?
Year one,2012: they authorized, as mentioned on my blog, a little chiropractic and a couple clinical psychology sessions.
Year two, 2013 physical therapy and…. a couple MRI’s….
Year three….2014… by court order, a couple chiropractic and some acupuncture (helps a lot with brain and right shoulder…..the first set EXCLUDED BRAIN and authorized right limbs only ….knuckleheads….
[Scripps Brain Injury Day Treatment Center is generally a 154 day program; 16 days were authorized in August 2014 on appeals, and then 8 more days on more appeals….hardly a start to cognitive rehabilitation. The cost was $50K + lodging.
My doctors had requested 3-6 months treatment…. 24 days is not reasonable and the interactive FEHA process for return to work was to begin during that course, but Wyndham refused to participate despite repeated requests that had already been paid for …. just wasted.]
More than $27,000 has been spent, properly submitted for reimbursements for medical miles and expenses for medically necessary treatments and evaluations such as MRI, Vision therapy, prism therapeutic lenses, chiropractic, acupuncture…. I have a summary sheet ……….have requested reimbursements many times, and have filed complaints with Audit Unit.
I have also filed complaints up and down the Coast. They know my name in Sacramento and i have received some pretty nasty letters from the Assistant Medical Director suggesting I will never get medical treatment, so come to grips with that harsh reality.
Any IMR determinations yet or in the works? I don’t know what that is, and I don’t know anything about how to close this up. I think this has to do with PD ratings and things? This is, I believe, where your expertise to set things up to make this finally right??
(6) Are you getting SSDI, or have you applied for it? If so, do you have an MSA? What’s the amount?
I applied for Social Security Disability was denied a couple times, awaiting hearing now….I’m told it will be December January is….. I’m told it will be retroactive and the SocSec office broken the numbers down for me last year (I think it was last year) and said it would be retroactive from 6 months after injury and would put (last year) about $50K in my pocket, and about…. $1800/month. A group called, “The Advocator”, somehow affiliated with my LTD carrier, is pushing the paper there. On my task list is to get them medical records since last we talked. Social security basically said they know I have a brain injury but it’s not bad enough to keep me from being a sales executive. I think they mean no brains are required, or cognitive abilities. Tsk.
Do you do Social Security?? Allegedly the Advocator will provide me with an attorney at the hearing, which causes me fear……I’m also told I can terminate contract with them and retain and attorney without liens. My LTD income is a mess due to the financial chicanery of CNA/EDD and the ‘now we pay, now we don’t, now we do, change the amount’…. so I owe Matrix some paperwork to confirm when my benefits stopped so they can sort out if I owe them or they owe me. That sort of paperwork boggles my brain….. I can type like there’s no tomorrow, but retrieval and recollection and visual scanning to edit are severe challenges. I have a list somewhere of the various challenges and impairments, cuz I can never remember them all…… Muddling through life as best I can seems to be my “new normal”
I have long term disability insurance with Matrix/Reliance. I have a neurology/psychiatry evaluation with one of their doctors on October 27…. a Dr. Jay Jurkowitz in…. I think Riverside or San Bernardino.
My next PTP Orthopedic Surgeon for my Brain Injury 45 day appointment is October 17 at 1 pm in Indio.
My next neuropsych appointment is next Monday.
David DePaolo is familiar with my….challenges, and I have explored possibilities of representation with multiple attorneys in CA… some bothered to consider and others abruptly put it in the “too hard” pile…… See WORK COMP AND BASEBALL OCT 2 2014…. IT MENTIONS MY SITUATION, AND THE SITUATIONS OF OTHER INJURED WORKERS:
It is my hope to eventually (maybe now?) retain someone who can wrap it up, and to also ensure that the 4 attorneys who harmed me get little to nothing out of the “15% pot”…. and who ideally will, with encouragement, withdraw their liens.
If any of this may be of interest, and if you agree that submission of a “PROPOSAL FOR RESOLUTION” may be in order before I attempt for force my way back into a job I doubt I can do anymore, I willl find and send the spreadsheet of doctors and their specialities….
I live in Yucca Valley, near Joshua Tree National Park. The WC case is in Riverside. While I understand there has to be cause to move a case, I would be they would be glad to be rid of me and let you move it to LA to get me gone. They know that I know whose side they are on.
If you are interested, and if you could be like the “general contractor” and organize with Nick and any other team players, I am sure that adequate funds could be created to make it financially attractive enough to deal with the mess. I just want out………… I would like $1.3 million and I would like to see these crooks tried, locked up and executed, in accordance with the laws. I’m realistic enough to realize….. those who have the cash kills as they can, without consequences. Fighting back one case at a time is an honorable fight, till last gasps.
If we jointly decide to work together, you might want to know a bit more about me…. I can take my hands off my WorkComp blog for a while, or I can amp it up…… I am open to suggestions and I get it that if I retain counsel, my right to speak out is limited, temporarily.
I think it could be an “easy enough” deal with the work I have accomplished this past year…..getting to SCRIPPS, letting them know my number was $700K before SCRIPPS and that it’s $1.3 million now, based on what I have learned of long term medical needs and consequences of untreated brain injury and untreated rotator cuff tears.
Do you know [xxxx] the structure settlement guy? I have been in touch with him several times. We connected after the CAAA Winter Conference. He thinks I’m a little hot headed….. he may not like me, but he has observed me getting a few things done in spite of the odds.
I hear tales that you work around the clock….. I learned at SCRIPPS about brain fatigue and reserves…. breaks are good for rebooting.
I will head home tomorrow…. coffee with some fellow activists in the morning, so…. onward.
If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests. They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again. Once was more than enough.
I also lost my “professional credentials”… my Hawaii real estate license, my California real estate borkers license, and my California Notary license, due to cognitive inability to take the continuing ed after paying nearly $1000 for special theraputic glasses and vision therapy, I was able to knock out the CA continuing ed for the broker’s license….that did expire. I have to send them $450 to renew during the grace period; it’s a return to work license required, but I don’t have the $450 to spare with no income from these clowns.
I did have to file for early retirement (DOB 4/8/52)…. so I have pocket money and a will to survive.
Thanks kindly for you consideration Awaiting word from you. I really want out I intend to continue the good fight from the other side….. JAIL BREAK TIME……. HELP ME OUT OF HERE…………….These psychopaths are armed and extremely dangerous. Yeah, I know.
Is WorkComp Simply Domestic Terrorism? ASK THE POTUS! Lawyer Up!
Yo! Mr. Prez, it’s me again. If it’s not one thing, it’s another! Fukushima, Ebola, WorkComp, Central Asia!
I can’t get no satisfaction, and can’t get no medically necessary treatment from that big company, CNA (their CEO, Tom Motamed makes $10.7 million a year in a business that maims (and CAUSES PREMATURE DEATHS!) of America’s injured workers! D’oh!) Earlier this year I even had to call Adult Protective Services due to the financial terrorism, and I copied the State Controller, too. There was a remedy, but no resolution and it started again in July 2014, and I don’t know what to do next.
The State of California paid CNA a BONUS OF NEARLY $20,000 for CNA’S REFUSAL TO PAY TEMPORARY TOTAL DISABILITY PAYMENTS TO ME IN 2012/2013. SOCIAL SECURITY SAYS A FUNCTIONING BRAIN IS NOT NECESSARY TO SELL TIMESHARE. MY STORY IS SAD AND I KNOW YOU’RE BUSY, AND I HAVE TRIED TO GET HELP FROM LOCAL GOVERNMENT PEOPLE, AND QUITE FRANKLY, TOO FEW GIVE A DARN.
I CANNOT FIGHT ORGANIZED CRIME BY MYSELF. Can you pretty please ask Congress to Create a Task Force to investigate WorkComp Crimes against American Citizens? It’s bad, real bad…. Super Lawyers have told me my story is sad, but NOT UNCOMMMMON! Thomas Perez at DOL seems to be doing a great job. Maybe his peeps can be in touch? They seem like Crime Fighters, too! Here’s a picture of him making the rounds on FB, dunno if he really said that, but it’s empowering. WE KNOW HOW HE FEELS!
WE ARE THE MEDIA NOW, ‘BY ANY MEANS NECESSARY’…. HOORAY FOR THE CONSTITUTION!!!
Mr. President, could you pretty please ask your people to ask the Attorney General’s office in California (or heck, in DC) to help me fight the good fight?
LINDA AYRES, IN PRO PER (WITH A BRAIN INJURY, D’OH!)
ps…. No, no… no relation to Bill….he spells his last name incorrectly.
From: Linda Ayres <firstname.lastname@example.org>
To: tina.jordan <email@example.com>; wvoleavesupportcenter <firstname.lastname@example.org>
Cc: mary.falvey <email@example.com>; melinda_rubel <firstname.lastname@example.org>; melisa.paramo <email@example.com>; fred.sachs <firstname.lastname@example.org>; sreubens <email@example.com>; kembria.hahn <firstname.lastname@example.org>; katy.brant <email@example.com>; kate.powers <firstname.lastname@example.org>; alyson.johnson <email@example.com>; christine.dasilva <firstname.lastname@example.org>; margo.happer <email@example.com>; merav.benedetti <firstname.lastname@example.org>; steven.alessandrini <email@example.com>; lori.ford <firstname.lastname@example.org>; jack.dolan <email@example.com>; info <firstname.lastname@example.org>; info <email@example.com>; jackcanfield <firstname.lastname@example.org>; mark <email@example.com>; president <firstname.lastname@example.org>
Sent: Wed, Oct 15, 2014 10:27 am
Subject: Linda Ayres, Wyndham Injured Worker, 14th Amendment Violations and California WorkComp Victim/SURVIVOR
.Dear Tina and All Stakeholders, Friends and Officials:
RE: ACCOMMODATIONS AND FEHA INTERACTIVE PROCESS REQUEST AND ISSUES FOR DOCTOR APPOINTMENT OF 10/17/14
I have not heard back from you regarding the Quality Assurance position in Indio, the training dates for sales in November, or any of the other recently posed questions, in regards to the spread sheet I made, at your request, regarding potential accommodations. This information is required so that the primary treating physician assigned to my case, Dr. Darren Bergey, Orthopedic Surgery, can make proper recommendations for accommodations and return to work status on Friday, and as you know, he has also deferred to the medical opinions of Dr. Hilda Chalgujian.
Dr. Hilda made it very clear in April that my needs for medical treatment were urgent and more than necessary. CNA, Grancell, and Corvel seem to have acted in orchestrated collusion and in defiance of the Wyndham insurance policy and the laws of the land. However they have done it, it has harmed me egregiously.
Below is a map of proximity of Wyndham Avenue of the Arts and Coastline College and the Cognitive Rehabilitation Program that starts Monday, October 20, 2014. Orientation is Saturday morning, October 18th. As part of the accommodations to be explored, will you kindly obtain authorization for complimentary stay at the Avenue of the Arts property for arrival Friday, October 17th, departure Thursday, October 23rd, in order for me to attend the orientation, and seek housing.
It is clear that the Wyndham insurance carrier and defense firm intend the continuous harm to me and it is time for Wyndham to come to the aid of this injured worker. While they continue to fail to authorize treatment for brain injury, they hope to help some of their independent doctors make book with extra evaluation dollars. Stewart is working very hard to get an accurate medical list of records together and he insinuated that the WorkComp Judge authorized their fraudulent obfuscation of facts. I didn’t read the order that way, but who am I to argue with a Grancell Partner/Shareholder. If he says the Judge approves fraud, d’oh….I won’t touch that one.
That’s for higher authorities. He didn’t use those words, but close enough to what I saw, but the refusal to correct the errors was based on skewed misinterpretations of a full day in Court when the other Grancell lawyer had to be ORDERED BY THE COURT to provide more than 300 pages of omitted medical records that had caused seriously incorrect medical reports by 2 doctors in Spring 2013, and then she did it again for the next evaluation in December 2013, alll with clear intent to deny medical treatment to a disabled injured worker due to disabilities, age, and profits.
Clearly matters for higher authorities. Stewart intends to continue the charade with the next evaluation. Does anybody else wonder why so many doctors have been paid to ‘evaluate’ me and none of their recommendations are acted on; all ignored or denied. False prescriptions bills go unnoticed, and Stewart thinks that it’s ok to include in medical records that I saw a brain injury doctor from Casa Colina in October 2012, which I did not, and this is the same doctor who helped CNA override the attempts to revoke my driver’s license in 2012, and same doctor was seen, self-procured in Spring 2013, and apparently lost my file and refused to write a report, when in our evaluation, he said I was an ideal candidate for the Casa Colina Day Brain Rehab Program, and that he was very familiar with Work Comp and knew how to work the system to get me in without much fuss. Then he lost my file and kept my money for the report that he never delivered and never returned my calls?
District Attorney stuff, let the government handle these boyz.
I just want medical treatment and a place to stay while I’m getting it. CAN YOU HELP ME NOW? Fred’s suggestions about the ‘circle jerk’ of more rounds of appeals to Corvel, recently reported to have ‘quasi-black-market’ businesses practices, under investigation, are not acceptable. 1.5 years of that nonsense is enough to make anybody aggravated, with their out of state doctors and illiterate nurses skewing facts from the reports they do receive from CNA/Grancell.
The injury was witnessed, the manager helped me up from the ground after being there for what seemed to be about 5 minutes, and the initial failures that have exasperated my medical conditions started on 1/9/12 when I was not even offered a ride to the hospital. [We had a sales meeting right afterwards, and everybody had a good laugh, and they said, ‘Ewwwwwww, Linda has Fukushima rads from the snowflakes allll over her!!!’]
[I got ‘the talk’ the week before for a picture in the break room about the Fukushima nuclear meltdowns. The manager said it was ‘grim’. D’oh! Ya think! Triple Nuclear Meltdowns in progress since 3.11.11….. yeah, sort of grim for all of us.]
I get it that I have to contend with brain injury because of Wyndham, and because I did not get medically necessary treatment for going on 3 years, when anybody with a functioning brain knows that the first 90 days are critical for care, and that ongoing speech therapy with cognitive remediation, occupational therapy, vision therapy and psychotherapy are key components to such recovery.
So, while CNA suggests I participate in their “circle j**k” by suggesting I submit yet another appeal to yet another bogus denial of treatment, I am asking you to elevate this beyond your comfort zone. I am reaching out on LinkedIn to Wyndham employees globally. There is a COUNT ON ME side to Wyndham, and you can continue to COUNT ON ME to ensure that these horrors are minimized and ultimately eliminated for other injured Wyndham Workers.
I look forward to returning to work and once again being a valuable and valued employee, despite my cognitive impairements. If, however, Grancell’s legal opinion that suggests my injuries are minor, there’s not much more to talk about. Let me know where to report to work, in what position, and I will request release to work with minimal accommodations from both Dr. Bergey and Dr. Chalgujian. Without promise of any medical care, I do not know if they will accept the professional liability of releasing me, under such dangerous conditions. Their responses will likely weigh heavily on your response, and the return to work offered in order to properly recommend accommodations and restrictions.
Your response is required by Thursday, close of business, 5 pm, or will be considered collusion to continue the egregious harm to me, and continued refusal to participate in the FEHA interactive process in order to help me return to work, meeting timeframes intensified by your refusal to meet in August or September of this, or in earlier Accommodation requests of 2014, 2013, and 2012. I will also appreciate confirmation of complimentary reservations at Wyndham Avenue of the Arts property as stated above, with an offer for a longer term discounted rate for the first semester at Coastline, in order to allow me to find proper and adequate housing.