Where do we go from here WorkComp, Wyndham, CNA, Grancell, Corvel and My Fellow Americans

WE ARE THE MEDIA NOW: OPEN RESPONSE, TO WHOM IT MAY CONCERN:

  MIC CHECK RED PODIUM

[If YOU have ideas on how to resolve this, and matters like it, without a WorkComp death penalty for getting injured on the job, please advise!]

Dear Tina:

Thank you for your kind letter.

“I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome.”

Please do also send the information on how to redeem the $54.73 “Three year Service Award”….  It will help with the costs of food and lodging while attending the Coastline Acquired Brain Injury Program.  I will ask my accountant to revise my 2014 return.

How nice.  That’s the first I am hearing of a monetary award for years of service!  Did I miss one for 2013? I got a card from Tommy with a Pin for the first year back.  I still have it.  Timeshare did change my life…for the best when I bought my first one, then for the better when I became a salesperson, then….. for my near total destruction upon being injured at work.

Please consider THIS  letter a further addendum to request for continued leave of absence, through December 1, 2015, such leave being part of the accommodation request.  If I can get back sooner, I will.  Dr. Hilda will reevaluate periodically, as will staff at Coastline.  

Please see the attached letter from Matrix Absence Management, a member of the Tokio Marine Group, as administrators for Reliance Standard Life Insurance Company, and the Long Term Disability Provider of the self-purchased Wyndham LTD policy.  I can tell you that Matrix/Reliance has been consistently kind, professional, and helpful, even through the financial chicanery of CNA that complicated payment of the LTD policy, more than once.  The experience between the two insurance companies is as different as night and day, good and evil, honorable and unlawful, kind and vicious…..

 

Attached is the IME, Independent Medical Exam by one of the Reliance ‘independent’ neurologists. Stewart Reubens, of Grancell, also requested a copy of this report and it is therefore being sent to all stakeholders. I am under no legal obligation to share this information; it is relevant to the possibly criminal matters at hand, that absolutely require Wyndham Intervention at the highest levels now. Let’s avoid a #FEHA lawsuit, although it seems Grancell has other aims. I have not been authorized to return to work because medically necessary treatments have not been authorized for over three years.

POLITICAL LANGUAGE

 

Ain’t that a crime?!!  If it wasn’t WorkComp, it would likely be attempted murder!   ” First- degree murder  is any intentional  murder  that is willful and premeditated with malice aforethought.”  Complicity in such acts likely has serious consequences as well.

Please note the Reliance letter clearly states:

“Based on the medical information contained in your file, you are considered totally disabled from performing any occupation for which you are qualified, by reason of training, education, or experience.  As a result, benefits will continue to April 8, 2017, or until you no longer meet the provision of your policy, whichever occurs first.”

How is it, do you think, that both of Wyndham’s insurance companies can have such diverse opinions on my ability to return to work?  Grancell has done everything possible to ensure I am not able to return to work, while they churn the files.  Yesterday, I received another big set of papers from CorVel corporation, pure chicanery and deceptions, but it is their standard of practice.  I have about 3 reams of their bogus expensive reports.

Please see the attached links on how one Mayor has requested a complete audit of CorVel.

http://www.star-telegram.com/news/local/community/fort-worth/article9336116.html

See more comments at Bob’s Cluttered Desk

Confusion Reigns Supreme – CorVel Hospital Experience is a Lesson for All of Workers’ Comp

http://tinyurl.com/l7fxpzw

Forth Worth Mayor and CorVel

If the Mayor can call for an Audit of CorVel’s WorkComp practices, Wyndham Worldwide can certainly call for an audit of at least my case, and ideally, an audit of all claims over the past 5 years that resulted in absences of longer than 90 days, or forced resignations as a requirement to facilitate medically necessary care. Certainly such an audit will identify a pattern of practice clearly showing the Wyndham is paying premium for insurance coverage that does not provide medical care to injured workers, and in fact, failures to provide medical care by said provider, cause egregious harm to both injured worker and employing corporation, with callous disregard for life and corporate profits and shareholder interests.  (Good for defense law firm shareholders apparently, good for nobody else.)

 

I know how that cop’s family must feel. My dad was a firefighter. I know how that ‘Brotherhood’ can mobilize and organize to help it’s own when under attack by the likes of CorVel, and what is to come for the family, also, during recovery.  I have seen the industry attacks on Cops in LA, alleging they are off work for long periods of time, blaming the cops, not the deniers of medically necessary treatments.   Yeah, industry propaganda.   Anybody with a job anywhere in the USA could be next.

http://www.drjaudy.com/patient-testimonials/linda-a-testimonial/

LI  Self Procured Medical Care

I have stories about those first weeks when a “Case Manager, Nurse Lorraine” terrorized me, and   my doctor’s!!!    Did she work for Corvel?  I don’t know.  I think she worked for CNA.  I do know that for more than 2 years, since 2/21013,  CorVel has been complicit in denials of medical care based on some pretty fictitious and outrageous misrepresentations of medical records, and omitted/ignored medical records, in full disregard of ACOEM, MTUS and NIH guidelines for treatment of closed head injury/concussion, tbi, traumatic brain injury and related consequences. CorVel staff make it very clear that they work for the insurance company, and that would seem to be a severe conflict of interest.

See YOUR letter below for more insights to what I have experienced at the hands of these premium sucking/injured worker harming vendors!

The consequences and validity of the course of treatment that have contributed to my leave of absence being more than 3 years, and great bodily to me because of the breach of fiduciary responsiblity by CNA and it’s defense counsel, Grancell-Corona and Grancell-Novato,  is simply stated as follows:

CNA INSURANCE has authorized this medical care since date of injury:

2012 – Chiropractic, Clinical Psychologist (less than 20 sessions each)

2013- Physical Therapy-6 sessions

2014 – Chiropractic, Acupuncture, 24 sessions of Speech Therapy, Occupational Therapy, and

Physical Therapy  (Obtaining a Court order was required for Grancell to authorize scheduling of authorized chiro and acupuncture)…..

2015 – NO MEDICAL CARE, NO RETURN TO WORK, NO DISABILITY BENEFITS paid by CNA SINCE MAY 2014, after refusing to pay, despite Court agreement, in 2012/2013.  Funky accounting let them off the hook with a $16K profit for ‘negotiated’ reimbursement to the State of California for monies the State paid out of my account in 2012/2013.  (Small Permanent Disability advance received yesterday, that will serve to facilitate Coastline ABI program attendance. According to the law, PD estimated payments were due 14 days after last TTD payment… which was May 8, 2014.  See another problem here? Let’s work together for a solution; CNA has a fiduciary responsiblity to Wyndham, and TO ME, as an insured injured worker; that has been breached repeatedly; let’s change that for me, and for all injured workers who follow this path.)

Clearly, the above meets no thinking person’s idea of legitimate, reasonable nor appropriate medical care for a well documented traumatic brain injury.  It does not comply with WorkComp guidelines, ACOEM, MTUS, NIH or any thinking person’s notion of how to deal with brain injury. 

brain concussions football

Self procured (I PAID FOR IT MYSELF VS. QUIETLY LOSING MY LIFE) medical care has included physician requested but adjuster/attorney denied treatment:

2012- Functional Neurology with TBI Expertise, MRI Brain, chiropractic

2013 – Vision Therapy & Prism Lenses, Chiropractic, Acupuncture, Speech therapy

2014 – Vision Therapy & Prism Lenses, Chiropractic, MRI – TBI Protocol, Acupuncture, Neuro-Psychology sessions

How many thousands and thousands and thousands of dollars have been spent on reports that requested medical care since 2012, that were simply ignored until February 2013, then they were denied in UR evaluations that would not pass a legitimacy test? More than $50,000 was spent at SCRIPPS in 2014, for merely 24 days out of the recommended 3-6 months.   What a waste of money was that!  Whose money was it? Furthermore, such a program is more beneficial for NEW Injuries, not 2.5 year old untreated head injuries.  Helpful, yes, but if CNA had only agreed to Coastline ABI program when it was first presented in May 2014, I could be almost back to work now for a fraction of the cost, and more compensatory skills.

19006204-occipital-lobe--female-brain-anatomy-lateral-view

CNA was required by law to be proactive in finding and securing help for me.  The only brain injury treatments received were all based on my own diligence and research, at the guidance of various reporting doctors, who’s recommendations were consistently ignored.  Romano Trust vs. Sedgwick rulings apparently gives companies like CNA the right to kill injured workers.  Is that the type of company that represents Wyndham Corporate Culture and Values?  WILL WYNDHAM STEP UP NOW?

Out of all the evaluating doctors seen, only 3 supported denial of medical care….. known industry leased/owned doctors….Zardouz, Kent and O’Brien.    Any district attorney investigation should likely start there, then move through the list of complicit CorVel doctors, and, of course, to the handling of the mis-information by Ms. Mall of Grancell, and supported by Mr. Reubens of Grancell, while the CNA adjusters seemed to be ‘just following orders’.   Most likely, WE, THE PEOPLE, NEED THE DEPARTMENT OF JUSTICE TO INTERVENE IN WORK COMP CRIMES, NATIONALLY, WITH A SPECIAL COMMISSION.  In seeking Class Action potential, it seems too many attorneys are too afraid of the big corporations, or have no working knowledge of fighting for civil rights.  Others simply seem to be in cahoots with the dubious doctors, law firms, scams and other providers.

Brain  viral mashable more

As an injured Wyndham Worker, and as a Wyndham shareholder, I am hereby formally requesting that an immediate claim audit of my case be conducted…. top include th CNA handling, the Grancell obfuscation of all facts and file churning, and the CorVel deceptions.  As I see from the article, an Employer does indeed have the authority to question the handling of claims, and a responsiblity to do so when the harm caused by the employer’s vendors has been so egregious.   PLEASE WORK WITH MIKE DOUGHERTY TO GET THIS CLAIM INVESTIGATED, WHILE I GET AS MUCH COMPENSATORY STRATEGIES AS POSSIBLE WHILE AT COASTLINE ABI PROGRAM.   Here is that link as well. http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/    

I will never be whole, but without treatment, I will forever be 100% disabled.   That’s not ok.

Thank you also for the vouchers for discounts at the Wyndham property in Newport Beach, near Coastline Community College Acquired Brain Injury Program. The staff at Ramada Inn – Newport Beach is always so kind, patient and gracious. When I first arrived there, in October 2014, I didn’t know it was a Wyndham property (I forgot how big Wyndham is!)  I told my “WorkComp Story” at check in, as I tell anybody who will listen, and the Front Desk Manager listened patiently and said, ‘Well, let’s get your experience with Wyndham back on a positive track.  Allow me to upgrade your visit.”   Kindness goes a long way.

With the tiny advance on Permanent Disability funds just received (thanks, Fred!), I hope to be able to complete the one year ABI program, which is officially concluded December 10, 2015, and I will jump through all the hoops to get there, stay there,and excel there, getting the compensatory strategies that are offered when people with brain injuries have exhausted all restorative treatments, or didn’t get any, like I didn’t.   Maybe I can organize a Student Union activity on behalf of InjuredWorkers in California, or an educational launch to reach ignorant doctors, lawyers and adjusters, and work with DA’s to deal with the rest of them.  That would be a big goal, but as a Salesperson, I know the value of goals, written goals, and Vision Boards.  More than one of my doctor’s has indicated that I’m so smart, that’s the only reason I have survived this atrocity to the degree that I have.  I want to help Wyndham get a better insurance company and a better, more-pro-active work comp program to avoid fiascos like this in the future.

NOBODY SHOULD HAVE TO EXPERIENCE THESE HORRORS.   Plus side, I’ve learned to blog, and from the comfort of my War Room, I can type like there’s no tomorrow.  That part of my brain stayed in tact…… I wrote you, Tina, a letter, that morning of the 2nd impact on 2/4/12, when I told you if I die because of failures to provide medical care, that I hoped my family would sue Wyndham to kingdom come.  Well, I didn’t die yet, no thanks to Wyndham or it’s vendor.  My quality of life has severely diminished, and my life span has been dramatically shortened, and future health risks from untreated TBI are numerous.

Let’s make a positive impact now, while I can still fight the good fight!

cognitive dissonance turbulence

The first year was the most important for care. CNA knew that. So did Grancell.  It’s in the reports they chose to ignore. Remember, they attempted to coerce me to accept $100,000 in November 2012 in lieu of a deposition, treatment, and it required that I forfeit all civil rights, including my right to return to work.  I’m stuck with permanent brain damage because of all of this, and of course, I am not happy about it all.   Remember also, that the first neuro-pscyhologist, Dr. Eileen Kang, recommended “speech therapy with cognitive remediation” and indicated after that I would return to work.  Speech therapy was never authorized till I got to Scripps – Encinitas, in the Summer of 2014.  The damage was already done.

I will plan to return to work on or before December 1, 2015, hopefully, with few other accommodations to be requested/required.   Dr. Hilda Chalgujian is following my case, and Dr James Pasino at Coastline Acquired Brain Injury program is the neuro-psychologist in charge of the program, which is nationally renknowned and a model for other State program, and is supported by the Department of Rehabilitation.  I have requested and been authorized to participate early in the ‘career planning strategies’ for ABI survivors, which starts next week, in addition to the regular curriculum.  It is normally recommended that the program be 50% completed, but since I don’t know if I will be able to afford to stay through June 2015, I want to get as much good from the program as possible, and perhaps I can be one of the first virtual participants in the suMmer/fall program.  That’s just a hope of mine.  The drive is very hard on me, but I have to do it if I ever expect to have a life again.  LINK FOR MORE INFO:  http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

So, I await confirmation of the continued leave of absence, the Award redemption information, and confirmation that a full audit will be conducted, with perhaps a call to the Attorney General’s office in California to expedite further investigations of these horrific crimes.   While Grancell attempts to fraudulently state that I was this way before…. I have to laugh at their arrogance.   There is no such evidence, nor is there any way that Wyndham would have repeatedly hired  me in different locations, and even send me to Big Bear in January 2011 to help out during a time of severe management upheaval.  As you may recall, I was #1 Sales Rep of the Month more than once.

Perhaps CNA and Grancell current players are unaware of the timeshare world, and how it just doesn’t “MAKE SENSE” to attempt to kill an injured Timeshare Sales Person…. without expecting consequences.  More details are available at the blog site,  https://askaboutworkerscompgravytrains.com/list-of-posts.  God bless America, and the First Amendment., the 14th Amendments,  the Civil Rights Act and the US Constitution.

constitution  too long didnt read

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal   protection of the laws.”  

14th amendment violated by Workers Compensation Corporations?

It is my hope and prayer that Wyndham will make a difference, starting with it’s injured workers, and taking it global.  There are good people at Wyndham, and I have been blessed to know many of them.   I recoil, as if from a hot flame, at the very thought of the people at Grancel and CNA, but I’m just sensitive to evil that way.

end evil  step out of line

So, as I told Stewart Reubens and Fred Sachs, I don’t want to fuss about things while I am at Coastline.  I have also learned that 3 years in complete Survival Mode (or 2 years, since the first year I was hardly present cognitively)…. such stress is similar to what prisoners of war experience, and it is very dangerous for a brain injured person. Obviously, treatment will never happen via CNA, as many doctors have told me, in their own sheer utter discouragement and despair.  Nor is there any interest in good faith mediation.  So I hope they will just stay out of my way and let me recover and get back to work.

Defense Against the Psychopath (Full length) – YouTube

Jan 10, 2013 – Uploaded by Soull Purple

Defense Against the Psychopath By Stefan Verstappen Defense Against the Psychopath is a documentary ..

My plan is to continue at Coastline uninterrupted through December, then return to work at Palm Springs, in time to get trained and ready for high season.

Brain Injury Advocates

Thank you, Tina, also for the kinder tone of your letter.  Another peer at Coastline indicated her horror that nobody from her job of over 20 years so much as called to see if she was ok.  Another teacher, in Boston an a Nurse in North CA  is having the same sort of “work comp” troubles as I am, and it’s a self-insured school district, but with the same unclean hands and legal chicanery.. It’s epidemic.  Across the Nation.  #InjuredWorkersUniting  #SilentNoMore

Sincerely,

Linda Ayres, In Pro Per

760 368 7236

wynLINDA@gmail.com

WorkCompLinda@gmail.com

https://www.linkedin.com/in/lindaayres311

LinkedIn Posts  https://www.linkedin.com/today/author/52490934

ADJ8181903  / CNA e3269102WE

LI Profile Ranking  2 7 2015  826 am pst

Attachments:

[Sent to distribution list of all stakeholders; available to any interested parties via email request @WynLinda@gmail.com; could not figure out how to attach PDFs to blog.]

Wyndham Letter Re LOA  dated 2/6/15

Matrix/Reliance LTD letter dated 2/5/15 confirming continuation of benefits thru 4/8/17…

IME – Neurology Report of Dr. Jay Jurkowitz  November 2014, with supplement Jan 2015 report

Dr. Hilda Chalgujian, Neuropsychologist and now PTP, progress report of 1/19/12

With Helpful Links

—–Original Message—–

To: Linda Ayres <  reolinda@aol.com>; Linda Ayres <  wynlinda@gmail.com>
Sent: Fri, Feb 6, 2015 3:17 pm
Subject: Interactive process

Dear Linda,

 

On January 16, 2015, you indicated you had reactivated your Real Estate License and wanted to commence the interactive process regarding your return to work.  Please note that we have been engaged (and will continue to engage) in the interactive process, and we have attempted to work with you regarding your desire to return to work.  Our communications to you regarding your medical status and your desire to return to work constitute engagement in the interactive process.  Despite your desire to return, you still are unable to return to work€“ by your own admission.

  • January 23, 2015 – I am still TTD, temporarily totally disabled. Also, No brain experts have indicated that I am recovered sufficiently to return to work
  • January 13, 2015 I seem to pretty much permanently 100 disabled.
  • December 4, 2014 €œI am still temporarily totally disabled and now my conditions are exacerbated. I am unable to participate in the December 8 training class, much to my great disappointment and anguish.
  • November 26, 2014 €œI ’m tired and have brain fatigue and a little preservation . . . other cognitive deficits exist . . .
  • November 26, 2014  My California Real Estate Broker license expired because I was unable to cognitively perform the continuing education courses in time.
  • November 4, 2014 Because of my cognitive impairments, I am much slower to figure things out .

 

When you expressed your desire to return to work, we requested a medical release, but you have not provided one.  We need that release and its accompanying description of your limitations so that we can work with you to see if there is a position for which you are qualified, the essential functions of which you could perform with or without accommodation.  We cannot place you back in the workplace without that information and subsequent discussions with you.

 

In an email you sent on February 1, 2015, you stated €œI . . . .am hereby requesting extension of leave of absence to complete one year at Coastline Community College – Acquired Brain Injury Program in Newport Beach, which, ideally, will be completed on or before December 1, 2015, at which time I hope to be able to return to work.”

 

Regarding your request of an extended leave of absence until December 1, 2015, from your email on February 1st, I will share your request with the Leave Support Center and ask them to review your request and provide you a written response with the outcome.   Additionally, per your request, I signed discount vouchers for Wyndham hotels and provided them to you so you could secure accommodations at your expense.  Let me know if you need more in the future and I would be happy to assist.

 

Finally, you inquired about reported compensation in the amount of $54.73 for 2014.  We researched and found that the amount is associated with your three year service award with WVO.  To address this outstanding issue, you may either redeem the award (we will provide you the information to redeem online) or you may elect to forgo the award and we can reissue a W-2 to you for 2014.  Please note that reissuing the W-2 may take approximately 45 days to complete.

 

Please let me know if you have any questions and advise how you would like to proceed on the service award issue.

 

Thanks so much,

 —-Wyndham Human Resources


 work comp guidelines
Cheers!
Linda Ayres, In Pro Per
#WorkComp & #TBI Survivor since 1/9/12
mobile: 760 368 7236
email: wynLINDA@gmail.com <2014
#InjuredWorkersUniting #SilentNoMore
WorkCompLinda  Twitter
http://www.gofundme.com/wynlindaworkcomp  MED/LEGAL/ACTIVISM/SURVIVAL
 ele cognitive dissonance

“Churn, Baby Churn” Chant of WorkComp Defense Firms in America.

“There is NO EXCUSE for the #WorkComp Atrocities in America”

but we might be on to an explanation…..!!!!!!!!!!!!!!

flag distress signal

WorkComp Law….and Atrocities…

AS THE FILE CHURNS, Wyndham Sleeps and CNA asks IW:

“…when ARE you going to die?”

Primary Treating Physician for Ayres vs. Wyndham et al is an Orthopedic Surgeon designated as PTP for BRAIN INJURY CASE, because the alleged MPN Network of CNA is apparently losing swathes of doctors for non-payment and ridiculous handling of claims, they have no brain injury experts and damages caused by CNA by refusals to provide medically necessary treatments.

CNA now relies heavily on Corvel Corporation orthopedic surgeons and clinical psychologists to deny brain injury care based on false and incomplete medical evidence, and lack of expertise  in the brain department.  People complain about that Maximus IMR Gang?  …..Corvel says, ‘let them all eat cake!’ as their nurses and sonders churn out denials like they were going out of business.  The Corvel ‘doctors’ seem to have fangs in the Social Security denial system too?

Most of the CNA leased/owned independent doctors don’t even know that the brain is a body part located in the head, and one of their neurologists says ‘take an over the counter analgesic’ and their other neurologist says, ‘Look, you didn’t get any medical care the first two years, you’re already over 35, nothing will help you now.  Go for a walk, get skinny, use the neuro-optometric theraputic lenses they wouldn’t pay for, but you did, and stop whining about vision and auditory impairments.’

Some real doctors just walk away from the #WorkComp Scams, some stay in it, slugging it out on behalf of injured workers, and others just ride the Dinner Car of the #WorkCompGravy Trains.

Nearly every single request for expert treatment for brain injury by the PTPs have been denied, first by non-doctors, Kim Mall, Attorney for Grancell, then by Daniel Elliott, Adjuster for CNA aka American Casualty.  Remember remember, Wyndham Worldwide had (and probably still has) no standard practice for injured workers other than handing them an incomplete DWC-1 form with a shrug and “See any doctor that accepts work comp insurance” with the ‘time-share-salute’.

Slow forward:

Ortho Report Oct 2014

Ortho report October 2014  2 of 2

COASTLINE ACQUIRED BRAIN INJURY PROGRAM  NEWPORT BEACH —http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

COASTLINE FOUNDATION http://www.coastline.edu/community/foundation/

The Coastline Foundation continually searches for new and innovative ways to serve the Coastline community. Coastline Community College is a campus without walls, and the Coastline Foundation (like its parent college) knows no barriers. Contact the Foundation at foundation@coastline.edu or call (714) 241-6154.

LIFE HAPPENS…. They train the trainers! The DOD seeks their expertise.  Their ‘Graduates” sing their praises!  Compensatory Strategies help many Brain Injury Survivors return to life; sadly, not all are so fortunate.  Not everybody survives…..

 

The Evaluation [QME]  by Dr. Jeffrey Holmes, Orthopedic Surgeon, has been aborted again, and to be rescheduled in December, after spending nearly 70 minutes at the appointed time, confirming medical records and sorting through confusion.  It was a pleasure to meet Dr. Holmes and his kind and gracious staff.  Harvard men can have manners, yes?

As injured worker was quite clear that the good doctor was being invited by Defense to participate in an on-going fraudulent denial of medical treatment scam, and that he deserved to have all the facts so that he could make a legitimate evaluation of the right shoulder injury and other orthopedic challenges.

2012 medical records and 2012 attempt to coerce premature settlement by Defense clearly referenced right shoulder injury, and current hard-fought for Acupuncture has been for the ‘right shoulder only’ and they tried to tell the acupuncturist treatments were not to be used on the brain.  D’oh!

(Acupuncture is a whole-body system of treatment, most helpful to some brain injured patients.) The Defense postion letter started out with lies, that just got more egregious, and current defense counsel stated he saw no reason to change anything in Kim’s letter.  Birds of Feather poop together?

Current PTP was successful in getting 6 physical therapy sessions authorized in Spring 2013, for a Winter 2012 injury. Then an MRI in Summer 2013 of the shoulder was authorized, determining a need for surgery and a severe shoulder rotator cuff tear.  It took a Court Order to get appointments scheduled for Physical Therapy and Acupuncture in 2013. Is that right use of Judge’s time?

Defense attorney Kim Mall (Grancell-Corona) then indicated that the adjuster was wrong, there would be no further evaluation because it was not an accepted body part.  She did not want to hear that the adjuster was trying to do the right thing.  She squashed it, and no doubt billed on.

 

Work Comp  TBI Wyndham and YOU

Several days in front of a WorkComp Riverside Judge, to deal with issues of omissions of medical records—more than 300 pages left out for 3 doctor reports, so those doctors relied on instruction from the defense, based on their egregiously flawed reports, QME/AME/and 2nd Consult.

 

Conveniently, those industry leased/owned doctors moved the reported date of injury on some reports a year forward, to 2013, using medical evidence of 2012 to ‘support’ fraudulent claims of ‘pre-existing’ symptoms such as dysfluent speech, impaired cognitive abilities, inability to recognize people, auditory and visual processing….. One made a correction to the date when confronted, but not to the false opinings, or his meds were off too.

wpid-img_20141113_185828.jpg

No worries, WorkComp Courts REFUSE TO HEAR COMPLAINTS ABOUT ATTORNEY/PROVIDER FRAUD, AND SO DOES THE COMMISSION IN CALIFORNIA.  DISTRICT ATTORNEY IS TOO BUSY? CAAA suggests injured worker keeps on looking for a competent legal firm to represent.

DEFENSE FIRM REFUSES TO MEDIATTE, SAYS THE CASE IS “not ripe”… (i.e. Injured worker is still breathing???)

DEFENSE FIRM REFUSES TO PROPERLY PROCESS MEDICAL EXPENSES REIMBURSEMENT REQUESTS FOR NEARLY $30,000, AND INSURANCE CARRIER IS AWARDED $16,000 BONUS BY STATE OF CALIFORNIA – EDD — APPARENTLY OUT OF GENERAL TAXPAYER FUNDS…FOR REFUSAL BY CARRIER TO PAY TEMPORARY TOTAL DISABILITY BENEFITS IN YEAR 1 AND 2 OF INJURY…. Perhaps the WorkComp AUDIT UNIT will do their job and suprise all stakeholders with fines and penalties.

THE INJURED WORKER HAS NOT YET RETURNED TO WORK…. WYNDHAM CONTINUES TO REFUSE TO PARTICIPATE IN THE INTERACTIVE PROCESSES OF #FEHA, AND THE DEFENSE FIRM CONTINUES TO OBFUSCATE TRUTH…SENDING QME DOCTORS BUNDLES OF DISORGANIZED FILES, THAT SEVERAL HAVE BILLED 7-8 HOURS TO “organize” prior to review, and generally, those doctors just have their “staff” write a report following guidelines of defense counsel, fraudulent misrepresentations and all.

These doctors are not apparently accustomed to an injured worker fighting for survival without a lawyer—two threatend to sue for ‘harassment’ when omitted records were properly served with requests for supplement reports reflecting further medical evidence.  Several Court hours were wasted (but billed by Defense firm?.)…. to sort out the missing records.

The file was pulled from Kim Mall, and given to Stewart Reubens, in Grancell-Novato office.  Stewart doesn’t like to read.  His office must be full of rubber stamps?

wc CLAIM DENIED

Date of injury was 1/9/12, despite repeated requests for a brain injury experts—a Physicist, a Neurologist with Brain Injury Expertise, A Neuro-Psychologist, to manage an INTERDISCIPLINARY TEAM OF EXPERTS — Speech Therapy with Cognitive Remediation, Occupational Therapy, Neuro-Vision Therapy, Physical Therapy — TO TREAT A TRAUMATIC BRAIN INJURY CAUSED BY A WITNESSED SLIP AND FALL BACKWARDS AT THE WORLDMARK BY WYNDHM BIG BEAR RESORT ON 1/9/12…..

What can break the impact of a fall backwards besides the SKULL?   See picture for help with that question.  Hint: THE SKULL.  2ND HINT: Where is the brain located?

tbi and icelinda-ayres-says-join-me-on-twitter and linked in lindaayres311

Evaluations Evaluations Evaluations…. and #WorkComp Defense now wants MORE EVALUATIONS?!!! For how many more years??

The recent Ortho Eval was aborted again, due to file obfuscation by Defense Firm, to be rescheduled.

While Grancell refuses to honor ADA request for electronic communications, it seems that Stewart sent a letter recently requesting yet another neuro-psychologist evaluation (after DIR told him NO once more) and he is apparently clue-less that such testing cannot be done more often than every 7-9 months, or ‘practice effect’ renders the results bastardized.  Or, maybe he does know that, as he knows such a battery of tests was done again in October 2014.   All results point to a traumatic brain injury, with requests for treatment.

Even the Grancell leased Forensic Psychiatrist wrote, ‘If there was evidence of a concussion from a slip and fall, injured worker would certainly be entitled to medical treatment….but there was not fall, no concussion, and it was probably just an epilepsy attack.”  D’oh! Doc off his meds that day?

Forensic Psychiatrist wrote 3 supplemental reports at the request of Grancell’s Kim Mall, each one more outrageous and egregiously fraudulent than the prior, until they decided to put the reports on the ‘do not regurgitate in summary’ instructions, and also asked to have the name and report dates removed from the Medical Index.  Invoking the 5th amendment might have been more efficient?  (He also suggested that if IW has civil rights complaints, she take it to The Hague.  He provided the direct line for the local DA to facilitate further complaints….THAT’S SCARY THAT HE HAD THAT NUMBER SO HANDY, HUH?  d’OH!  He refused to believe complaints had already been filed.)

'CHURN THAT BILL BABY

“I hear we are already 200k over our estimate—that’s Team DLA Piper!” wrote then-DLA Piper partner Erich P. Eisenegger in one email.

After another lawyer responded, noting that an attorney colleague, whose first name is Vince, had been added to the group working on the bankruptcy matter, then-DLA Piper attorney Christopher Thomson added his thoughts: “Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”

“Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”

See entire artire ABA Journal article here:  http://www.abajournal.com/news/article/sued_by_dla_piper_for_675k_ex-client_discovers_lighthearted_churn_that_bill/

SEE MORE, IF YOU READ:

Courtroom Avenger

 

wpid-img_20141113_185828.jpgLife with TBI is so

WorkComp Wassup America  Nov 2014

WC DOCTORS

 

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What’s next Wyndham? Any help for Injured Workers Now? Claim Audit of CNA? Claim Review of Grancell?

Work Comp  TBI Wyndham and YOU

 

 

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WE ARE THE MEDIA NOW

Ask and Tell about workers comp gravy trains ….. AND BREACHES OF FIDUCIARY RESPONSIBLITIES AND LAW

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WE ARE THE MEDIA NOW….WE DO NOT…FORGET.

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http:// askaboutworkerscompgravytrains.com

#ClaimAudits #WorkComp #WyndhamWorldWide #injuredworkers #WorkCompFraud #Wyndham #ReturnToWorkplan #Watmn #CNA #CAAA #Grancell #wcab

ARE YOU REAL

#CongressionalTaskForce

#Anonymous Precedes #UNANIMOUS

WE ARE THE MEDIA NOW

Where O Where are the Brave and Smart WorkComp Injured Worker Attorneys?

“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.

WC  WorkComp Kills

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….

Life with TBI is so

(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:

  1. Dr. Daniel DeGoede, Clinical Psychologist, referred by Wyndham EAP program, paid for by CIGNA (Jan-Apr 2012)
  2. Dr. Marcel Ponton, Psychologist, referred by attorney #2; also a QME dude. (Apr – Dec 2012)
  3. Dr. Jacob Rabinovich, Orthopedic Surgeon, one time evaluations; replaced by attorney #3’s doctor: (1 visit)
  4. Dr. Darren Bergey, Orthopedic Surgeon….. (Feb 2013 to present; wants out)

(b)    Who are your secondary treating doctors (i.e, in other specialties)?

  1.  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. 😕
  2.  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.
  3.  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

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(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”

SOCIAL SECURITY  FOLLOW THE MONEY TRAIL

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:

http://daviddepaolo.blogspot.com/2014/10/work-comp-and-baseball.html

WORK COMP AND BASEBALL... BATTER UP!
WORK COMP AND BASEBALL… BATTER UP!

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 also blog about Fukushima, an in progress extinction level event.  ASK ABOUT FUKUSHIMA NOW  http://askaboutfukushimanow.com/   LUCY OCCUPY SAYS  http://lucyoccupy.com/

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.

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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.

linda-ayres_profile_qr

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.

GOVERNMENT BAD GUYS AND JAIL

Sincerely,

Linda and Friends

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WorkComp RTW Woes?! Just a “Circle Jerk”?! D’oh

*Return To Work! #RTW!  InjuredWorkers are just a profit center to the insurance industry.  No wonder the Defense tries so hard to prevent return to work, with creative failures to provide medical treatment in breach of fiduciary responsibilities and sheer bad faith and nasty evil doings.

 

work comp guidelines

Not only can it be a huge challenge for an Injured American Worker to get immediate, reasonable and appropriate medical treatment, it can be even more challenging to return to work.

Here’s more on the story that started January 9, 2012…. a witnessed slip and fall backwards on ice, in snowy Big Bear, California, at the WorldMark By Wyndham mountain resort sales office.

Outreach to Wyndham  10 7 14

One doctor, in October 2012, in response to a threat from the Defense counsel, alleging his reports had not been received (although they were sent multiple times, with and without proofs of service) changed his mind about work abilities, and requested accommodations.

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None of the treatments he had requested for nearly a year had been authorized, other than 4 sessions with a clinical psychologist to deal with the stress of having a brain injury, with strategies on how to fake-people-out that there is no brain injury, and if only the injured worker would spend $500 out of pocket for a day planner for TBI (Traumatic Brain Injury) survivors, and give 145% effort upon return to work…all would be well and they could close their case.

linda ayres says JOIN ME ON TWITTER

His reports insinuated that his requests resulted in treatments, but no reports on the progress of any such treatments, as they did not happen.  D’oh.  Anyway, his ‘requests for accommodations’ and medical impairments would have been enough to make an HR Manager Cringe, and a Timeshare Sales Manager curse and spit. Return to work denied in 2012.

Linked IN  10 11 14

Throughout 2013 and to-date in 2014, attempts by the primary treating doctor designated by the WorkComp system, an Orthopedic Surgeon (FOR A BRAIN INJURY!!!) were ignored and denied at every turn of the calendar.  By mid-2014, said doctor’s office said, ‘you can see we cannot get you any brain injury care; you’ll have to find your own brain doctor’….. and through relentless dialing and crying and pleading…..a neuro-psychologist with a tremendous background in brain injuries was located, and agreed to treat this injured worker, because she took an Oath to help others, and do no harm.

By way of another miracle, the defense firm authorized this doctor to be the secondary treating doctor, who was successful in getting a little bit of medically necessary treatment authorized.   Six months at SCRIPPS Brain Rehabilitation Program was requested, 16 days were authorized.  At the end of the 16 days, another 2 months were requested; 8 more days were authorized.

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Part of what was paid for by the insurance company was a Work-Hardening, Return To Work Program, with participation in the FEHA required INTERACTIVE PROCESS with the Employer, at the job site, and with the expertise of their professionals to orchestrate the best possible return to work scenarious to set up the injured worker for success in RETURN TO WORK.  #WyndhamWorldwide HR refused to participate in the process, and it’s unclear if they just received bad legal counsel or what.

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Bottom line, THE INTERACTIVE PROCESS WAS THWARTED, AND RETURN TO WORK EFFORTS ABORTED, AND HOPE FOR RETURN TO WORK SHATTERED BY MORE FAILURE TO PROVIDE MEDICALLY NECESSARY TREATMENT FOR RETURN TO WORK.

Defense Attorney seemed thrilled to be (re)advised that the TTD (Temporary Total Disability) order was extended through October 18, 2014.  His response was as if he had never seen the report and continued TTD order.  He must be very busy with his partner/shareholder/office management duties, as he seems most unacquainted with this case, that was dropped on his desk a few months ago.

So, then the defense attorney goes on and on about there’s no medical release for return to work, the file (which he isn’t familiar with at all) ‘indicates your impairments are minor’ and there will be no medical treatment to aid and assist getting a medical release for return to work, there would be another Orthopedic Evaluation Order, and another request for another Neuro-Psychologist evaluation from “independent” insurance company owned/leased evaluators, in order to determine whether MMI – Maximum Medical Improvement has been attained.

QUESTION:  IS A MILD BRAIN INJURY LIKE BEING JUDGED ‘MILDLY QUADRAPALEGIC’ as asked by Super Lawyer, Chris Asvar in a famous work comp brain injury settlement case in California of 2012, that went differently that the Romano Trust vs. Sedgwick matter that cost the life of an injured worker with a rotator cuff tear.  D’oh.  In all cases, many doctors and lawyers make the big bucks, huh?

.

(Without medical treatment, yep, f—–ked up is as good as it gets, Dude, thanks.  Life span cut by 7-10 years, which is about by half at this stage.  The line of defense brings to mind the question:  WHAT IS THE DEFINITION OF A ‘CIRCLE JERK’?)

LINKED IN  SETTLEMENTS

~~~~~~~~~~~~~~~~  WILL LA TIMES INVESTIGATIVE REPORTER, JACK DOLAN, DO A STORY?  WE CAN HOPE….  If YOU want corporate media to do a little research, maybe send Jack an email Jack.Dolan@LATimes.com and ask him to pretty please check this story out….it sounds too outrageous to be made up…. or find him on Twitter or LinkedIn…. 

.
Hi Guys….This may be a step in the right direction since I heard from neither of you regarding the Coastline Cognitive Rehabilitation request for authorization and lodging requirements.
If I don’t start Coastline or return to work in a salaried job with minimal accommodations on October 20th…we will carry on by any and every means available and necessary.
Let’s get me medical treatment and return to work stat. You have already successfully shortened my life span by 7-10 years. …so let’s stop the insanity now.
Let’s pow wow Monday.
Cheers,
Linda Ayres, In Pro Per
 eagle outraged
Sent on a Sprint Samsung Galaxy Note® 3
(Best smart phone on the market for a TBI Survivor….find out why!)
 .
—–Original Message—–
From: CNA Help <cna.help@cna.com>
To: reolinda <reolinda@aol.com>
Sent: Sat, Oct 11, 2014 11:16 am
Subject: Re: Linda Ayres WWID415287 ACCOMMODATIONS AND RETURN TO WORK PROPOSAL FOR IMMEDIATE RESOLUTION CNA E3269102 Quality Assurance Representative [#1699004]
.
Dear Linda Ayres
Thank you for your inquiry. It has been routed to the appropriate team and you will receive a response within the next two business days. If you require a quicker response please call us at 800-262-4357 for assistance.CNA Agency Help Desk
1-800-CNA-HELP (1-800-262-4357)
http://www.cna.com.
.
[Sent to CNA Help since fraud@cna.com suggested unhappiness complaints be directed directly to the Department of Insurance, District Attorney and State Bar—-all of whom have been advised of the unhappiness complaints since late 2012, to no avail.  It was nice of Chicago to call and advise that the complaints had been mis-directed to their CNA Fraud Department.  Perhaps CNA Help will forward this to Mr. Motamed again…. last time, they were able to replace the adjuster; maybe now they can replace the law firm, in the best interests of Wyndham, Wyndham injured workers, and CNA itself.]
 .
—– Linda Ayres Wrote —–

.
Dear Tina Jordan and Melisa Paramo and WVO Leave Support Department and CNA Central Help:
 .
I was so excited to see this position opening today.  It looks like a total trouble-shooter position, for which I am well armed.  If an additional responsibility could be added to include “Site Injured Worker Advocate/Liaison” all the better!    
 
Quality Assurance Representative
I would like to be considered for this position as part of the accommodations process, with an immediate start date.  Please let me know when we can meet to discuss this position.  I will ask my doctors to release me with minimal accommodations as soon as possible in order to attempt a 45-day trial return to work.  I think I could be a valuable asset in this position, and it will draw on all of my strengths, while providing a stable income and good medical benefits.
 
If you can provide me with an offer for this position, I can take it to Dr. Bergey on my appointment this coming Friday and I am sending a copy to Dr. Hilda herewith.  I think the attached will serve as a job description, but if you have one more doctor-oriented, please provide that as well.  I will, of course, need continued treatments, but I would imagine appointments can be scheduled on off days, since I would further imagine this position includes Saturday’s and Sundays.   I’m excited!!!    
 .
I have reached out to many global Wyndham employees telling my plight via Social Media; I will look forward to providing an update with some happier outcomes.  
 .
I didn’t hear back from Fred or Stewart regarding Coastline, and corporate housing in Newport Beach.  More neuro-psych testing was performed Thursday/Friday at the Coastline Cognitive Rehabilitation program, and results will be forthcoming, along with a hopeful approval to their program.  Without the return of the $27,000+ in reimbursements, and with the $20K that CNA sucked up in a bonus for refusing to pay TTD benefits in 2012/13, and being at risk of termination and a fight with LTD insurance provider while seeking reinstatement of benefits, I have no choice but to return to work.  I look forward to seeing you all.  In connecting on social media, it was a joy and delight to see that happy faces of so many uninjured Wyndham employees…..’having fun and making bundles of money, making a difference in people’s lives…’   
 .
 
An agreement to allow me to return to work to this position, on a 45-day trial, may give Dr. Bergey, Orthopedic Surgeon who was designated as the primary treating doctor for my brain injuries by the WorkComp people, and recently designated secondary treating doctor, Dr. Hilda Chalgujian, neuro-psychologist, something substantial to approve, eliminating all the unknown variables, particularly since malicious failures to treat and bullying continue.
 .
While Stewart Reubens, Grancell-NOvato Attorney/Partner/Shareholder is not a doctor, he alleges my injuries are minimal, in stark contrast to more than 35 other doctors, and several brain injury experts.  Mr. Reubens has indicated that the adjuster, Fred Sachs, in his suggestion that I draft a “Proposal for Settlement” was participating in more insurance industry trickery.  I have not heard back from Fred to confirm or deny the insinuation of Stewart, and I am hopeful it was just another error in judgement and bullying by Grancell’s attorney.  Be that what it is, it is clear that the continued denial of medical treatment will continue until they kill me, so please, let me return to work in a solid position such as this one, starting out at Indio, and transferring to Palm Springs as soon as that store opens.
 .
If CNA, Grancell and their 3 “independent doctors” and the Corvel team of obstructionists who all disagree with the extent of my injuries as clearly documented by approximately 35 other doctors, and several brain injury experts this year, then, by review of my experience and time with Wyndham since 2005, in multiple sales locations, I am a natural for this position.  I understand the starting pay is close to $50,000 annually plus bonuses and immediate benefits, and since I would not have to relocate, I can accept that.
.
I will then have access to medical treatment through the employee benefits again, and get the necessary medical help that has been denied all along.  This would also mean I would not have to relocate, and it’s clear than neither CNA nor Grancell will help me get into the Coastline Cognitive Retraining Program, as they failed to respond on a timely basis to the Request for Authorization from Dr. Hilda Chalgujian of last week.
 .
Please let me know when we can meet to explore this immediate opportunity, to be further considered with the list of FEHA oriented accommodations.  If we can meet early next week, next Friday I could plead with Dr. Bergey and Dr. Chalgujian to release me to this job, on a 45-day trial basis.  Then we will allll know what I can do, and if I can do it, great….. win win win.   We can then all let the attorneys and the attorney general duke out the rest.
 .
Please let me know what other information you may need from both doctors, and please confirm that there is no intention to provide medically necessary treatment, and that you understand my return to work is under duress and with intent to survive the horrors of the Wyndham work comp total system failure for this injured worker.  I look forward to being a contributing member of the teams again, by any means necessary.
 .
I look forward to hearing from you shortly to schedule a meeting at Indio for this position.  Thank you.   If I could start October 20, 2014, that would be great.   Makes sense?  Yaaaaay!  See you soon!
Sincerely,
Linda Ayres, In Pro Per
 .
General CNA Central Help?
The CNA Help Desk is available to answer all of your questions or help with your problems. Call 1-800-CNA-HELP or email cna.help@cna.com
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Job Description 

Quality Assurance Representative – Indio/Palm Springs, CA  1412942

Description

 

This position is responsible for supporting the sales effort by assisting in generating revenue and increasing the retention of sales while staying in compliance with all Company Policies, Business Rules and Government Requirements, and in a manner which results in satisfied owners. Position is also responsible for the oversight of accurate completion of all required sales documents ensuring compliance with all Company Policies and Government Requirements. And last, position upholds outstanding customer service levels and supports the sales effort to the fullest while staying in compliance.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
This is not inclusive of all duties, just the essential functions of the position. Other duties may be assigned.
  • Strategize with the Site Leader to identify and implement methods that increase retention rates.
  • Responsible for overseeing the accurate completion of all required contractual documents,  Owner documents and/or Governmental Agency requirements.
  • Increase retention by overseeing and personally following up on outstanding contracts
  • Ensure compliance with Company Policies and Governmental Agency requirements.
  • Oversee that sales staff ensures Owner understanding of Company and Government required documents. Assist the  Owner in understanding the Policies and Procedures of WorldMark.
  • Provide Owners with the highest level of customer service possible. Be a point of contact for Owners that have not transmitted into the system and assist them promptly and thoroughly with any questions, concerns and/or reservation requests..
  • Assist the Site Leader in training staff to assure understanding and adherence to Business rules and Sales Compliance Policies.
  • Advise the Site Leader of incorrect or inappropriate information being presented to the owners and/or new Owners. Assist Site Leader in the training and correction of these issues.
  • Responsible for working with Site Leader to ensure that all Sales misrepresentation issues are answered and resolved with Consumer Affairs in a timely manner.
  • Work with Contract Processing, Consumer Finance and Owner Services to resolve all Owner contract issues such as: incomplete Owner information/paperwork, Suspense Logs, and/or Legal or contractual disputes. Process all rescissions in a timely manner consistent with Company Policy.
  • Function as the site contact for all Corporate and Regional communication coming into the site.
  • Actively participate in daily Sales Meetings and attend Sales Training/Functions.
  • Audit Sales reporting for accuracy and keep Site Leader appraised of current status in a timely fashion.
  • Function as the main point of contact with the Sales Staff with Payroll issues.
  • Work with the Office Administrator to audit Commissions and resolve issues before Payroll deadlines.
  • Research any Compensation issues in CSS to the best of your ability.
  • Work with Office Administrator to communicate any issues that need correction to Regional Payroll Supervisor.
  • Assist Company/Region/Project Director in hitting Sales goals by:
  • Working the site pending portfolio to complete down payments ahead of schedule.
  • Work on getting replacement funds for down payment defaults.
  • Retrieve necessary information/documents/signatures to transmit contracts that are in suspense.
  • Function as the site contact for all customer service training, and as needed, other training.
  • Represent the Company in a highly professional manner at all times.
  • Responsible for supervising Upgrade Quality Assurance Representatives. This includes training, evaluating and monitoring employee performance. Responsible for training other Sales Staff to complete contractual paperwork as needed.
Qualifications

 

EDUCATION AND/OR EXPERIENCE:
Minimum requirements necessary for this position:
  • Must possess a California Real Estate License
  • Wyndham Vacation Ownership Sales , Quality Assurance, or Sales Administration experience, or minimum 2 years experience as a Quality Assurance Representative for another timeshare company.
SKILLS AND ABILITIES:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skills, and/or abilities necessary to perform these duties successfully. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions of the position.
  • Possesses strong business acumen and business sense.
  • Demonstrates flexibility and adaptability. Handles day-to-day challenges confidently and willing to adjust to multiple demands, shifting priorities, ambiguity and rapid change.
  • Detail-oriented.
  • Ability to manage multiple tasks with the appropriate sense of urgency.
  • Hands-on positive work ethic. Leads for results and success, persists despite obstacles and opposition. Committed to organizational goals.
  • Fosters open communication. Provides timely, high-quality information up and down the Organization.
  • Keen ability to interact with clients at all levels of the Organization.
  • Excellent presentation, oral, written and interpersonal skills needed.
  • Energetic, results-oriented professional
  • Must have effective manager-level communication skills.
LICENCES, CERTIFICATES AND REGISTRATIONS:
Maintain appropriate State License/Certificate based on State Requirements.
OTHER REQUIREMENTS:
Possess working knowledge of CSS, IRIS, Salepoint, Microsoft Outlook, Word and Excel.
Job Sales
Primary Location United States of America- California-Indio
Employee Status Regular
Schedule Full-time
Organization Worldmark by Wyndham
Posting Date Oct 8, 2014

See More here:

ASK ABOUT WORKERS COMP GRAVY TRAINS

 https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

InjuredWorkers Resources….. Add to It!

https://askaboutworkerscompgravytrains.com/about/

For more on Timeshare and RTW, also see:

https://askaboutworkerscompgravytrains.com/2014/07/02/ps-i-have-a-confession-by-a-timeshare-sales-executive-tbi-survivor/

Life with TBI is so

#InjuredWorkersUniting

#SilentNoMo

Join Us!

NAIDW TBI AWARENESS

By the way, the termination of TTD Benefits again in July 2014, along with the $20k bonus CNA received from the State of California for REFUSING to pay TTD in 2012/2013, combined with continued failure to provide medically treatments, combined further with refusal to participate in interactive process and help with RTW matters appears to require another call to ADULT PROTECTIVE SERVICES for on-going abuse and financial domestic terrorism, along with more unhappiness complaints to DOJ, DOL, DA, CAAA, AG, EEOC, ADA, WTF ETC

We are the Media Now.

 

 

Hello America! CAN WE TALK??!!! TBI, WorkComp, Wyndham, CNA, Grancell, EDD, CA, DOL, USA ETC and Complete Systems Fail…..

Dear All:

As promised:

  1.  Here is the link to the Coastline Cognitive Retraining Program…. know about it and read what any attorney says about it.  http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/abi-student-blog/#anchor
  1.  If SCRIPPS BRAIN REHABILITION PROGRAM in Encinitas appeal is authorized by the end of the week, let’s commence FEHA Interactive Process immediately and throughout whatever time is authorized, so that I can commence the Coastline program starting October 20, 2014, if I am accepted into the program.  Remember, my doctors requested 3-6 months, 16 DAYS were authorized with an 8 day extension…..MORE THAN 2.5 YEARS AFTER THE HEAD INJURY.

Even a 7th grade kid know that’s a problem, and it isn’t right.  Date of injury: 1/9/12… a witnessed slip and fall backwards on ice at WorldMark By Wyndham – Big Bear.  Orthopedic Surgeon designated as primary treating doctor, with repeated requests for medical treatment, consistently and maliciously denied since date of injury.  Wyndham has provided no proper training in Human Resources, or at on site locations, putting thousands and thousands of employees at great risk also.

  1.  Attached is the excel spread sheet of what if/so then scenarios regarding medical limitations and ADA accommodations to be requested after sorted out at FEHA interactive process

For those of you unfamiliar with FEHA regulations in helping an injured worker in California return to work, here’s a powerful link….for your info and files

FEHA Red Flags: Common Employer Violations of California’s Disability Discrimination Laws

Written by: Neil Pedersen   

http://www.pedersenlaw.com/article.php?article=FEHA+Red+Flags%3A++Common+Employer+Violations+of+California%92s+Disability+Discrimination+Laws

social networking1399166808228mainstream media based on facts

Please do forward immediately the job descriptions previously requested so that the medical professionals can make informed recommendations on medical restrictions and possible accommodation requests on the possible return to work.

NEED JOB DESCRIPTIONS AND TO START FEHA INTERACTIVE PROCESS IMMEDIATELY:  Sales Representative, Discovery Representative, QA/VLO, Resort Guide, Housekeeper, Office Worker, Front Desk, Recreation Coordinator or Injured Worker Advocate and FEHA Compliance Coordinator…. and any other positions that a an American With Disabilities due to failure by Wyndham to provide medically necessary treatment for more than 2 years…might qualify for.   Thanks.

Here’s another great source of info on Workers Comp… DePaolo’s WorkComp Blog….subscribe…learn something new tomorrow:

http://daviddepaolo.blogspot.com/

WorkCompCentral Comp Loud Awards

David’s company is on mission to find people to acknowledge who have done anything right in WorkComp, since doctors leaving in droves, and there is no ‘new blood’ coming to the industry…. THINK HARD….DO YOU KNOW ANYBODY WHO HAS MADE A POSITIVE IMPACT IN THE LIFE OF AN INJURED WORKER, OR WHOSE PRACTICES HAVE SENT THEIR COMPANY PROFITS THROUGH THE ROOF??

Nominations due shortly:  https://ww3.workcompcentral.com/events/awards    Make a difference in someone’s life today!

  1. Wyndham Women on The Way – http://www.womenontheirway.com/news-releases/advisory-board-launched/   In the event the system failures regarding medically necessary treatment for an injured Wyndham Woman prevail, does this organization have a fund raising department to help an Injured Wyndham Worker, denied medical care since date of injuries, subjected to financial, emotional, medical and mental terrorism since date of Injury, January 9, 2012……..with no compassion, interest, nor intervention by anybody in Corporate Wyndham?

LET’S DO A FUND RAISER AND HELP ME GET TO THE COASTLINE COGNITIVE REHABILITATION PROGRAM, AND SINCE I LOST ALL MY PROFESSIONAL CREDENTIALS, AND WYNDHAM HR THINKS THE ONLY POSSIBLE RETURN TO WORK POSITION MIGHT BE THAT OF A HOUSEKEEPER, IF THE ORTHOPEDIC SURGEON HANDLING THE TREATMENT REQUESTS FOR THE BRAIN INJURIES CAN APPROVE ME TO RETURN TO WORK ON ‘LIGHT DUTY’ AS A HOUSEKEEPER, SO BE IT.   LET’S NOT THESE HORRORS HAPPEN TO ANOTHER INJURED WYNDHAM WORKER.

Could Women on the Way, with others, take up an immediate charitable collection to send me to the Coastline Brain Help Place in Newport Beach??  To:

‘….Help a po’ ol’ brain injured disabled baby-boomer single white woman, former timeshare sales executive and California Real Estate Broker and Hawaii Sales Agent and CA Notary Public stuck in the #WorkComp #WebOfDeath in California find her cognitive abilities again cuz the meanie heads at Wyndham and their ‘agents’ won’t help and have kicked her to the curb, and they just keep kickin.

Professional credentials lost and sanity on edge…but she can type like there’s NO TOMORROW……

Keyboards and Maxine

CONTRIBUTE TODAY; YOU MAY BE NEXT TOMORROW………   DO NOT WALK QUIETLY IN THIS OPEN AIR AUSCHWITZ….’

Last winter I had to rely on the charity of the Salvation Army to keep my utilities on due to failures of CNA/Grancell to authorize TTD payments, causing extreme financial hardship.  Adult Protective Services intervened, as well as local politicians.  My income has been terminated again since July of 2014, and now the defense counsel wants to start another round of “medical evaluations” rather than medical treatments.

DEFENSE AGAINST THE PSYCHOPATHS

They have refused to “mediate” since I’m not dead yet, and such an event may cost them merely $100,000 in fines, as happened in Romano Trust vs. Sedgwick…. the HR peeps and adjusters kept their jobs, Sedgwick became more profitable, and nobody in Work Comp cared that yet another injured worker died a gruesome death….. PROFITS PREVAILED OVER LIFE.   DO YOU CARE?

DO YOU REALLY THINK YOU HAVE THE RIGHT TO REMAIN SILENT ANY LONGER?    http://www.womenontheirway.com/news-releases/advisory-board-launched/

As promised, here is a little more information on the Coastline Cognitive Retraining Program in Newport Beach that I hope to be accepted into, a great find.

“ATTORNEYS – DID YOU KNOW?  …..did you know there is a premier cognitive retraining program right here in Orange County? Coastline Community College is the home of the Acquired Brain Injury Program for your clients suffering from an acquired traumatic brain injury following a car accident, slip and fall, or perhaps, caused by medical negligence.”

.

“Why is this important to you? After your client sustains a mild traumatic brain injury, he or she can lose their employment because they can no longer focus or complete tasks necessary to complete their job. The defense will say that your client is malingering and being lazy….”

.

“The cognitive rehabilitation program lasts from 1-2 years and classes are four hours a day, four days a week – Monday through Thursday. The cost of the program is the cost of taking classes at Coastline Community College. In comparison, private cognitive programs can cost tens of thousands of dollars. The ABI program can help your clients to mitigate their damages and return to the work…”

.

Here’s the link to the lawyer’s comments, and other participants….  

http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/abi-student-blog/#anchor

Keep it handy, BRAIN INJURY IS THE SILENT EPIDEMIC, and most work comp doctors are sadly not in the know about diagnosis and treatment, causing egregious harm to injured workers at Wyndham in California and workers everywhere in America.  BE ALARMED AND BE ALARMING.

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

 PS  EBOLA AND HOSPITALITY:  BREAKING NEWS

Hotel stocks lower after U.S. Ebola case reported • 1:41 PM

Clark Schultz, SA News Editor
  • Concerns about the Ebola case in Dallas have contributed to a downward swing in hotel stocks

  • The group has been one of the hardest hit sectors on the day.

  • Decliners: Starwood Hotels (NYSE:HOT) -3.8%, Hyatt Hotels (NYSE:H) -3.1%, Hilton Worldwide (NYSE:HLT) -1.4%, Diamond Resorts (NYSE:DRII) -3.0%, InterContinental Hotels Group (NYSE:IHG) -2.6%, Wyndham Worldwide (NYSE:WYN) -3.3%, La Quinta (NYSE:LQ) -1.7%, Marriott International (NASDAQ:MAR) -3.5%, Red Lion Hotels (NYSE:RLH) -2.3%, Choice Hotels International (NYSE:CHH) -2.3%.

  • Previous coverage on Ebola impact

     

    The picture below was on FB, so it must be true, huh?! Ask a Risk Manager Today!

Ralphs Market and Romano

See any similarities?  One difference, they didn’t cut up my right shoulder rotator cuff tear…..didn’t even get PT for it till more than a year later, then they authorized an MRI and when it was determined that surgery was “necessary” the law firm chick says, “Oh, that’s not an accepted body part.”  Even though it was all over her premature attempt to coerce a settlement in November 2012 that required a) RESIGNATION FROM MY JOB, b) FORFEITING ANY FUTURE MEDICAL CARE, UNEMPLOYMENT, TEMPORARY DISABILITYand c) Releasing all parties from any liability for…. no kidding—-> $100,000, which also included unpaid medical miles and unpaid self-procured medical expenses that were, at the time, merely $1,700.  The number has escalated to more than $27,000 in unpaid expenses, and no kidding, the defense counsel thinks the injuries are minimal and the reserve amount on the claim is not much more than ….no kidding, “$100,000 neighborhood” but that it’s not “ripe” for mediation (translation?  ‘you’re not dead yet, you’ll cost us less then, particularly in California’  ‘Let’s organize a few more evaluations, our doctors need holiday funds, and evaluations are the best way to launder money in these operations…..and so what if our doctors only spend 25-55 minutes in their evaluations… for thousands of dollars….they have to pay their staffs to make up those reports…’)

Stephen Holmes 100000

If you are a Wydham employee, ask Steve Holmes, above, or  this guy, Thomas Motamed, CEO, below.  Dunno Steve’s income, but Thomas apparently makes more than $10.7 million a year and his company is the WorkComp Insurance Carrier for Wyndham.  They don’t provide necessary medical care either, and Wyndham says they can’t help, as they rely on CNA and Grancell to take care of their employees.  Yikes….. That “call from Chicago” sounds scarier and scarier and the facts be told, huh?

CNA CEO MOTAMED

Neither Wyndham Human Resources, Wyndham Employee Assistance, Wyndham’s WorkersComp Insurance Provider, CNA, nor Wyndham’s “Defense Counsel” were able to find and or authorize any medically necessary treatment for the traumatic brain injury OR ORTHOPEDIC INJURIES sustained at work, and they have consistently interrupted self-procured treatment, and failed to reimburse more than $27,000 in medical miles and medical treatments since 2012, and received a $20,000 discount from the State of California for failure to pay TTD on a timely basis.  Yeah, you read that right.  They made a $20K profit for refusing to pay TTD, despite Court requirement as well, so the State of California gave them a $20,000 bonus and negotiated away the rights, provided by law, of this injured worker, and it is apparently a pattern and practice of all major carriers, sanctioned by States.

PEREZ  LABOR DEPARTMENT 2014

Date of injury:  January 9, 2012         First date of medically necessary treatment for TBI:  August 4, 2014

Ain’t that just awful, and something for all ‘stakeholders’ to be ashamed of?

constitution  too long didnt read

So, COUNT ON ME, I found the COASTLINE 1-2 year program after hearing a speaker and ‘graduate’ of the Coastline Program, speak at the SCRIPPS ANNUAL BRAIN INJURY REHABILITATION CONFERENCE in May of this year, to an audience of primarily doctors, scientists and other health care providers.  I was invited to attend because I told one doctor, “You know, Wyndham may have to pay for vocational rehab to train me to be a neuro-scientists”…. He didn’t know if I was kidding or not, but encouraged me to attend the conference, that was a wealth of information.  As I tried to convey to Wyndham’s people and others all along, I AM INJURED, NOT STUPID.

#InjuredWorkersUniting…. Silent No More…

ASK ABOUT THE WORKERS COMP GRAVY TRAINS

https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

In seeking legal counsel, even Larry Parkers’ office won’t help this injured worker.  Is there a “do not help” list in the world of workers comp?  The call I got from Chicago was….awww, never mind….watch for a blog on that too….. Yeah, be quiet, be sweet, be nice, be patient……

Who else is JUST FOLLOWING ORDERS??

If you have any questions or comments, leave them on the blog or contact any of us directly.

WE ARE THE MEDIA NOW.  HAVE A NICE DAY.

Sincerely,

Linda Ayres, In Pro Per

wynlinda@gmail.com

Lucy and Friends on WorkComp Crimes

For any inquiring minds, a recent email thread is below…. in response to defense polite notice of more evaluations and continued failure to act in good faith to obtain medically necessary treatment…..

PS  A recent LA Times article apparently mentioned LA Cops and Firefighters accused of faking work comp injuries and staying off work too many days.  Articles didn’t seem to mentione if said individuals ever got medically necessary treatment, or if they, like me, have been fighting to get medical care and fighting to return to work forever….  My first request to return to work with accommodations was October 2012.  Defense counsel told Wyndham to have no contact with me, so they just followed orders.  Some doctors had advised that had medical treatment been provided anywhere in that first year for brain injury (not just a little psycho-therapy and a couple chiropratice sessions) I might have been returned to work by then.  Wanna bet those cops and fire fighters are being kicked to the curb too…..?  Some investigative reporter may tell the rest of the story, someday soon, huh?

Special Report

L.A. pays millions as police and firefighter injury claims rise

“City officials offer a number of theories for the rise in claims and costs: an aging workforce; delays in approval of medical treatment; and the cuts in police overtime, which eliminated a key financial incentive for injured officers to return to work quickly.”   http://www.latimes.com/la-bio-jack-dolan-staff.html   jack.dolan@latimes.com

Let’s hope their Unions address these inflamatory pieces, huh?  

What’s Wrong Becomes Right  http://daviddepaolo.blogspot.com/2014/09/whats-wrong-becomes-right.html

Hey, America…… Heads Up.  Don’t give up your rights to think also.

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: MBX – WVO Center <wvoleavesupportcenter@wyn.com>
Cc: Stewart Reubens <SReubens@grancell-law.com>; fred.sachs <fred.sachs@cna.com>; melisa.paramo <melisa.paramo@wyn.com>; mary.falvey <mary.falvey@wyn.com>; kembria.hahn <kembria.hahn@wyn.com>; Tina R Jordan <tina.jordan@wyn.com>; Linda Ayres <wynlinda@gmail.com>; Linda Ayres <lindaayres@aol.com>; Linda Ayres <reolinda@aol.com>; katy.brant <katy.brant@wyn.com>; kate.powers <kate.powers@wyn.com>
Sent: Tue, Sep 30, 2014 8:28 pm
Subject: WWID 4415287. Accommodations, return to Work, FEHA, Job Descriptions, Medical Treatment. Ayres, Linda

Dear Wyndham Leave Support:

You were inadvertently left off this distribution list.

The out of office response from Tina Jordan indicates she is gone through October 12, 2014.

Copies of multiple job descriptions have been requested and not yet received. A further delay will have a chain effect of further inauspicious delays.

Time is of the essence in the ongoing fights to obtain medical treatment and to initiate the FEHA required interactive process for return to work and accommodations issues.

Please reach out to Fred Sachs, CNA adjuster of the insurance company handling Wyndham Employee work comp coverage, as we, as employees, are also insured under that policy.

Please also reach out to Stewart Reubens and know that his role is adversarial and not in the interests of any injured worker.

These two individuals are attempting to work with me as I represent myself in order to finally get medically necessary treatments for a witnessed slip and fall backwards on ice at Big Bear on 1/9/12.

I hope none of you ever have to endure the tortures and horrors I have because of this work injury and the HR department failures to properly tran staff and intervene when Wyndham agents fail in compliance with Labor Codes and fail to provide medically necessary treatments.

It is still happening to me. You could be next.

Work with Mr Sachs and Mr Reubens to get what they need to move this forward and Melisa, please send me immediately the requested job descriptions so y doctors can make informed decisions.
My life depends on it.

In the event more treatment time at Scripps Brain Rehabilitation Program in Encinitas is authorized this week, we will anticipate commencement of FEHA interactive process in San Diego or Oceanside.

Please confirm who my H R Contact is for FEHA compliance.

Time is of the essence.

Thank you.

Linda Ayres, In Pro Per
“COUNT ON ME”
Wynlinda@gmail.com
LindaAyres@aol.com

InjuredWorkersUniting;
Silent No More

From: “Linda Ayres” <lindaayres@aol.com>

Date: Wed, 1 Oct 2014 02:52:12 +0000

To: Stewart Reubens<SReubens@grancell-law.com>

ReplyTo: lindaayres@aol.com

Cc: <fred.sachs@cna.com>; Tina R Jordan<tina.jordan@wyn.com>; <melisa.paramo@wyn.com>; <mary.falvey@wyn.com>; Linda Ayres<lindaayres@aol.com>; Linda Ayres<wynlinda@gmail.com>; Linda Ayres<reolinda@aol.com>; Hilda A. Chalgujian, PhD<hchalgujia@aol.com>

Subject: Response to Stewart: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres

Hi Stewart,

Thanks for your email. I will look at the attachment soon.

I had to drive to Palm Desert and Indio today, so I am horizontal and very brain fatigued. I also had a session with Dr Hilda regarding how I am doing and where we go from here, and what paperwork is pending on all sides, and further info needed before I can be released to work and with what sort of accommodations. I also dropped off the accommodation papers for Dr Bergey’s review and completion and signaturesm Tina authorized the continuance, and told me to also put it in writing, which I did. Everybody got copies.

Also, bills are due and you haven’t forwarded the summary of the $27k in unreimbursed medical expenses since January of 2012 to Fred, so his hands are apparently tied. I am still TTD and my benefits are still due, or an advance on settlement would be a good faith effort in spite of more than 2.5 years failure to provide properly requested and medicallly necessary treatment for brain and other body part injuries. Just saying.

I did indicate I will attach the summaries of the $27k+ one more time, to the Proposal for Settlement I am working on.

If I am accepted to Coastline and start Oct 20, that could be powerfully good for me and for my future.

Dates to keep in mind: Wyndham Indio sales training to commence in November. H R will not provide the tentative to me yet.

October 20, 2014 potential start of Cognitive Rehab 1-2 year program in Newport Beach at Coastline. (I sent you info already)

(My old blackberry is a workhorse, but not great with attachments. My apologies.)

Ideally, another month or so will be authorized at Scripps and they can assist us with the FEHA Interactive process. Compliance that covers many of your questions.

Fred hopes to have a Corvel UR response by Friday, expedited, since they apparently have up to 30 days.

You already have the Scripps recommendations for RTW accommodations. What else you looking for today?

Did you see the 3 page spread sheet I provided this weekend in response to Tina Jordan’s request for “what if/then” scenarios? I worked very hard on that and it may serve as a guide when we finally start the Interactive process, that will involve more professionals.

Consideration is being given to a much less expensive cognitive rehabilitation program in Newport Beach, which starts October 20th, if I am accepted as a candidate who can be helped via their 1-2 year program. It is included in the 3 page excel spreadsheet what if/then scenarios.

Did you read it or do you want me to send it again with “proof of service”??

I am not “MMI” and without knwoing what treatment will be authorized from here, neither Dr Hilda nor Dr Bergey can just “guess” and risk such liabilities.
Fred may also be involved in the Interactive Process meetings the precede
RTW determinations?

In separate email I will send a brief summary of the Coastline. program, as described to Orange County attorneys by a brained injured attorney, as a means to help an brain injury Survivor and mitigate costs and exposures.

They suggest I get as much time at Scrippps as possible. If that means I don’t start at Coastline till January, so be it. Oct 20, with lodging, is my first preference today, pending of course, what treatments get authorized to get me MMI..

It could make you and Fred heros in wrapping up this case. I suggest you keep an open mind. Fred represents Wyndham, and me, as also insured as an injured worker, and in fiduciary responsibility to me as well.

The Grancell role has just been that of trouble makers all along……

Fred can help you too, if you let him.

As I have told you before, you frighten me and I have no reason to trust anything you say or do. Remember, I am injured not stupid. I am from the world of timeshare; I know your kind. They train us well. In Hawaii they might call you a “whale”….sillly names, but they make the power points.

Anyhow……
I need vision therapy stilll (to make it easier for me to edit and shorten emails)

You and Fred have already seen the requests for SCRIPPS recommendations and Dr Bergey’s requests for hearing aids required for this industrial injury.

Will you be requesting an Audiology PQME with an audiologist with TBI expertise. I don’t see the real point to “hearing more” that I am unable to process due to frontal lobe damage, but the doctor at Scripps is very smart and specializes in brain injuries and was relieved for me that she did not find ‘auditory processsing dysfunction’…..so it is much worse for some others with head injuries.

If you concur, let’s just get the aids at Scripps and we can see how they may expedite rehab, too. The cost s about $6k for starters, to be replaced every 4-5 years till death, if I remember it right.

Its included in the “Proposal for Settlement” I am working on and hope to send to you soon. I am using the one Kim Mall got in Nov 2012 when they tried to coerce me to quit my job and settle for $100k, wthout having seen any of the recommended specialists or received any of the recommended treatment for my brain till August 4, 2014. I am using it as a template. She left out so many rcords and a bunch of ICD9 codes, but did include the right shoulder and MRIs and EEGS and more.
I think the evaluating doctor was from out of State.

The Coastline Rehab program may also allow RTW, so as Tina suggested that all I might for now is a housekeeper position since my fingers are not broken, I am hereby asking that a job description for houskeeping be included with the other job descriptions I have requested for review and consideration by the treating doctors.

I do speak some Spanish, and getting fluent could be a project in cognitive and vacational rehab.

There is a Wyndham Hotel in Irvine that could fit the bill for RTW if I am accepted at the Coastline Rehab place for October start.

I will ask Dr Bergey is the untreated right shoulder rotor cuff tear could be compensated in some way that would let me work as a housekeeper, perhaps light duty. He would have to also see that job description. Me too.

A desk job with a second monitor might be a better option.

I want to have also a Functional Capacity Assessment that will help fine tune “work restrictions” and accommodations when we have a meeting. Time is of the essence.

Will you ask Fred to authorize it and provide a list of vendors, or we’ll just the company I found when I attended the CAAA conference exhibits.

Please confirm the medical records index that includes all the records I provided to Dr. Holmes at the aborted QME, and please ensure that all subsequent records are included. I will attend if you are in compliance. If medical records are omitted, we can duke it again in Court. Your pattern of practice has also been established.

I will agree to a Neruopsych panel as long as the doctor meets legal requrements and has current treating practice with traumatic brain injuries.

I am getting to an expert in these tests and my results seem to improve by sheer practice effect. Why do you want to spend more money on more evaluations instead of treatment. That is so nasty and evil, but so common.

The guy Kim Mall tried to send me to a couple months ago for a neuro-psych eval does not and has not treated TBI patients for over 7 years. HIs whole practice is WC evals. I will object and refuse to see him or anyone like him. Do check credentials and again, ensure I have a complete set of medical records provided to such doctor. Since I am not convinced you habe all the files, I want hard copies of the complete set of records you will send to such neuro-psych doctor.

Matrix/Relince is also sending me for another neuro-psych eval. Good Xmas coming for those doctors and their expensive 30-45 minute evals they charge thousands for.

(Did yu reallly pay OBrien, Kent and Zardouz for what they produced? 35+ real doctors disagreed with their findings, but, Ms Mall did set them up by omitting more than 300 pages of medical records, and when I got a Court Order requiring they be provided, she sent them totallly disorganized and asked them find the ones she had omitted. Big billable hours for doctors to organize Grancel records. Oh well. Fred may not know about that..now he does)

The standard eeg taken at Eisenhower in spring 2014 strongly recommeded further review of medical records for valid interpretation of this EEG. That has not yet been authorized nor accomplished yet. It is my understaning the epilepsy is a risk of TBI and a baseline MRI specific to such readings is recommmended annually, so you may want to ask Fred to either authorize Dr Michael Lobatz to request such an eval, or see if Fred has any better luck than Daniel in find a neurologist wth TBI expertise.

I think Dr Kent and Dr Zardouz and O’Brien can be ruled out as non-experts regarding diagnosis or treatment of head injuries now, and the Leckart firm would likely tear their records to shreds and perhaps involve civil actions, wouldn’t you agree?

You have received copies of my accommodations request and Tina Jordan has also received a request for an extension beyond the 9/26/14 premature demand for the completed forms, in lieu of interactive process.

I hand delivered today the Wyndham forms to Dr Hilda Chalgujian and to the Office of Dr. Darren Bergey. I am not their only patient, and demanding such a response within a week is not reasonable. Tina Jordan verbally agreed to 10 days past TD date, sooner if possible, for responses from the doctors.
As you know, we are awaiting further information and decisions on continuation of and commencement of medically necessary treatments before the doctors can accurately advise of what restrictions and accommodations may be required.

I have also asked Tina Jordan and Melisa Pamano, with copies to Mary Falvey, to provide job descriptions for the referenced possible alternative positions in the Wyndham system, in order for Dr. Bergey, Dr. Chalgujian, Dr Lobatz and possibly the Scrippps Interdisciplinary Team to consider in evaluating restrictions and accommodations to be further discussed at the FEHA mandated Interactive Process meetings.

As you also know, Dr Bergey has indicated that I am still TTD and the minimal and interruption treatment at Scripps Brain Rehabilitation Treatment Center continuance was thwarted by asking Dr Nudleman, via Corvel UR, to make a potentially life threatening health decision based on incomplete medical evidence (as referenced in the appeal regarding the continued pattern of practice to omit medical records with intent to harm and deny medical care, as usual.)

Fred Sachs has autorized Corvel to have either Dr. Nudleman or another doctor review all the records and make a decison. We are anticipating an expedited response.

Sorry this is so long, but you brought up multiple points. I find that if I print my long emails and read with a highlighter, they make perfect sense.

I will read it again in the morning and try to summarize the action points and include it with that lawyer applause about the Coastline cognitive rehab place. I will also add anything I may have left out due to te brain injury and brain fatigue fom today’s session and travels.

If you and Fred can put these pieces together and suggest a “Proposal for Settlement” before I get mine done, maybe we can settle up soon, I can return to work and get to the Coastline 1-2 year program. I need to hurry to work to get insurance coverage because y’all have failed to provide it all along, and the brain regulates all body systems.

Till next time, good nite all

Sincerely. Linda Ayres, In Pro Per

#InjuredWorkersUniting
#Silent NO More

PS. Got notice today that the CA State hearing re the failure to pay TTD and the discount the State of California of mmore than $20K pure profit to CNA, while negotiating away my civil rights is to be video recorded and conferenced. Sounds pretty high tech. Will advise more as it unfolds. No date yet.

PS Please ask Fred to ask his boss for a settlement advance. I have been denied income since July 2014 c’mon, its financial terrorism and you know it. Stop it, thanks.

By copy, I am again asking Mary Falvey to intervene on behalf of this injured worker and also insured under the CNA workers comp policy.

InjuredWorkersUniting;
Silent No More

From: Stewart Reubens

Date: Wed, 1 Oct 2014 00:19:35 +0000

To: Linda Ayres

Subject: FW: 70645 Ayres, Linda v Wyndham Vacation Ownership, Inc.: Linda Ayres

Please find enclosed for your review the notification of medical appointment with Dr. Holmes for 11/21/14   [Yet another orthopedic surgeon, d’oh!]

I am also requesting a Neuropsychological Panel

Finally, I am requesting information as to what your work restrictions are from the treating doctors

Thank you

white roses

PS  Dunno how to attach an excel spread sheet to a blog, so it’s pasted here in case you didn’t get the email…

ACCOMMODATIONS SCENARIOS, ‘WHAT IF’S’…. CONTINGENT ON DECISIONS ON MEDICAL TREATMENT
IF THEN ACCOMMODATIONS preliminary REQUESTS FOR CONSIDERATION in Compliance with FEHA Guidelines.
IF: Medically necessary treatment is provided THEN: RTW with accommodations is desired by IW, in order to to return to work as a once again valuable employee, using these terrible experiences to help ensure no other Wyndham employee is subjected to such horrors for the profits of the few, or because too many people didn’t do their jobs….causing egregious and irreparable harm to this worker. The type of accommodations that may be necessary are contingent on many variables, including how soon treatment is resumed, what kind, where other providers can be found, and what will be authorized.
IF:  Until MMI is determined, Cognitive Rehabilitative treatment to include and not be limited to: on-going neuro-psychology sessions with Dr. Hilda Chalgujian and Orthopedic with Dr. Darren Bergey… Acupuncture for Brain and Neck, Back, Shoulder Pain, Auditory treatments and equipment and other medically necessary treatments that may HAVE BEEN REPEATEDLY recommended and required by treating doctors, along with vocational rehab and restoration of all Professional Credentials lost due to Wyndham’s failure to provide immediate, reasonable and appropriate medical care from date of injury to this date.  Participation of medical professionals to be included in identification and implementation of any/all necessary accommodations, in compliance with FEHA guidelines and Interactive Process THEN:  Interactive Process of FEHA required to sort this out, and Injured worker again requests that any/all such meetings include necessary recording and memory aid devices, in compliance with ADA accommodation requests.  Said accomodation was denied at informal meet and greet meeting with Wyndham HR Director and HR Manager in Palm Springs on 9/23/14, and Interactive Process has not begun yet.  Further, to compare my RTW ops with that of a returning housekeeper felt like bullying and verbal abuse and age discrimination.  Please also do not compare an untreated brain injury to a broken finger, arm, leg or toe.  That is highly insulting and perceived as continued harm and abuse, in sheer bad faith and breach of fiduciary responsiblities.   Defense and HR have been provided with info on CA law regarding rights to medical care and FEHA RTW and accommodations. All accommodations recommended by SCRIPPS, by Dr. Chalgujian, Dr. Bergey and injured worker, to be explored based on treatment authorized, location and positions to be fully explored in interactive process; more or less accommodations may be discovered in that process;  All previously requested accommodations to be considered as medically necessary treatment was not authorized and ‘rest and wait’ did not cure the conditions. Functional Capacity Assessement, as allowed by WC Law, in addition to the report by Dr. Chalgujian, to be expedited to be included in the assessments, alleviating the guessing with more hard facts.  Reimbursement by Wyndham/CNA of more than $27,000+ plus penalties, in medical miles and medical expenses since date of injury, 1/9/12, expected as part of the RTW accommodations, and retroactive TTD reimbursements, in compliance with laws of the land.
1 IF:  SCRIPPS Brain Injury Day Treatment Program – Encinitas… continued medically necessary interdisciplinary treatment is authorized on appeal for 2-3 more months, along with participation in the FEHA Interactive Process, THEN:   RTW, Part Time in North County Wy ndham Property, with accommodations Lodging in Encinitas or Oceanside PLUS:
2 IF:  SCRIPPS Brain Injury Day Treatment Program – Encinitas … continued medically necessary interdisciplinary treatment is denied but continued Occupational Therapy, Speech Therapy at SCRIPPS is authorized for as long as necessary…. THEN:   RTW, Part Time in North County Wyndham Property, with accommodations Lodging in Encinitas or Oceanside PLUS:
3 IF:  SCRIPPS Brain Injury Day Treatment program is denied…. THEN:   Explore alternatives to legal liability to provide medically necessary treatment to relieve pain and remediate injuries
4 IF:  Coastline Community College Traumatic Brain Injury Cognitive Rehabililtation 1-2 Year Program – Post SCRIPPS, (if resumed immediately until acceptance to the CCC TBI program), commence first semester 10/20/14, upon acceptance THEN:   RTW, Part time in Wyndham property in Irvine, Newport Beach or Costa Mesa, position to be explored and determined in Interactive Process Lodging in Newport Beach or Irvine, full relocation PLUS:
5 IF:   Local providers for Speech Therapy, Occupational Therapy, Physical Therapy and Vision Therapy on a minimal basis  (CASA COLINA is similar to SCRIPPS and there are issues of Defense interference and missing records and failure to treat; LOMA LINDA is a bit closer, Eisenhower is closest to Indio; SCRIPPS would be closest for the 1-year Coastline TBI Group; Vision Therapy is in Fullerton, to be resumed asap. THEN:   RTW part time at Wyndham Indio Resort to participate in Sales or QA/VLO/Resort Guide training in December, then transfer to Palm Springs after Indio training (in-house line), or when Palm Springs Sales Office opens for Season. Lodging at Indio resort during 14 days of training PLUS: ,   rest break of 3-4 days after training processing training, then commence part-time a) Sales (in-house or hybrid) b) Resort Guide or c) QA/VLO; sufficient time off for medical appointments;        d) If the 1-2 year Coastline TBI program in Newport Beach accepts application and if it is authorized by CNA, then SCRIPPS would again be the reasonable choice for the non-interdisciplinary treatment requirements; If this/then that to be determined.
6 IF:    The Bad Faith and Breach of Fiduciary Responsiblities continues and medically necessary treatment is not provided, and FEHA Civil suit is mandated with anticipation of CLASS Action, so be it….  If the doctors will assume responsibility and professional liability for claiming that I may return to work with minimal accommodations in order to save my life and keep home, so be it THEN:  RTW part time at Wyndham Indio Resort, as QA/VLO position upon authorization to RTW, in the salaried position of $50,000 with benefits commencing immediately, and employee group health insurance to commence immediately, with assurance that the industrial injuries sustained at work on 1/9/12 but not treated until 8/4/14, then said treatment severely diminished then terminated, so that proper medical care can be obtained and due process of the fullest extent of the law, including ADA violations and age discrimination in failure to treat, and refusal to engage in interactive process. RTW part time in Indio after full time training in November, with a break before return to sales in-house line or RTW part time in Indio after QA/VLO training and re-establishment of California Notary and Broker’s license in the interim, loss being caused by Wyndham and it’s agents and failures to treat industrial witnessed slip and fall backwards, and Wyndham’s failure to have properly trained staff in handling incidents of work injuries in compliance with California Labor Laws and US Constitution.  Please also see accommodations requested since October 2012, and said requests are also to be explored in the FEHA required Interactive Process.  If Injured Worker didn’t have brain injuries, this process might be as simple as RTW for a ‘housekeeper with a broken finger’…. Sadly, a brain injury is a more complex than either HR, the Insurance Carrier, the Adjuster, or Wyndham senior staff may grasp.  The Corporate irresponsiblity and blatant disregard for an Injured Worker is unconcienable, and has been from day one.
7 SEE PREVIOUSLY SUBMITTED PRELIMINARY ACCOMMODATIONS REQUESTED OF WYNDHAM ON BEHALF OF INJURED WORKER BY SCRIPPS BRAIN INJURY REHABILITATION PROGRAM, and refer to phone discussions between Scripps and Wyndham and Grancell.
PLEASE PROVIDE, AS PREVIOUSLY REQUESTED, ALL EVIDENCE, RECORDS, VIDEOS, AND ANY INVESTIGATIVE WORK BY WYNDHAM OR IT’S AGENTS REGARDING THIS INDUSTRIAL INJURY.  PREVIOUS REQUESTS HAVE ALSO BEEN IGNORED BY ALL ‘STAKEHOLDERS’