“I know, I know, I know – everyone hates lawyers.”
Who might be interested in a Virtual-Field-Trip to Facebook WorkComp Ghettos to see first hand stories of what Injured Workers are going thru right now, today, in the USA and beyond?
We’ll make it a full itinerary with stops at several of the FB Injured Worker groups and pages/stations….to help the Industry Thought Leaders grasp the harsh and horrible realities being faced in the fight for life of injured workers subjected to current WorkComp practices. Let me know if you’re interested. WorkCompLinda@gmail.com
Any special requests? Watch for the Blog next week! To quote a WC Judge on matters of obfuscation and chicanery, “This train has left the station…”
The Sedgwick Institute and the SI LinkedIn group may find some ideas worth implementing in this DePaolo’s World “Thoughts and Impressions on workers’ compensation and life” blog — and comment threads.
How? Have untrained staff, incapable of handling a work place injury, unable to offer medical support, transportation to an emergency room, or call 911. Ensure that staff do not know how to complete a DWC-1 form, know nothing about alleged MPN-Provider Networks, never send a get well card and never inquire over the years of denied medical care how the employee is doing; above all, never extend a get well wish, and threaten abled working staff to NEVER SPEAK TO AN INJURED WORKER, under any circumstances. Refer always to HR.
Then, hope for a newbie Adjuster who can “just follow orders” and rely upon EAP referred doctors for referrals to other specialists. Hope that adjuster seriously follows PLAY BOOK that apparently deems it necessary to terminate all benefits upon diagnosis of serious injury, including Brain Injury and commence acts of emotional, mental and financial terrorism.
Hope for a designated defense counsel that will go to any means necessary to “win the case” with plenty of Court time and other billable hours on matters related to legal chicanery and obfuscation of facts. When both are replaced after a few years, hope for seasoned, jaded professionals without hearts or souls. Higher on the food chain, the more intense the outcomes.
Count on AME/QME/IMR doctor reports written by non-medical staff, signed by industry leased/owned professionals for the big bucks, and know that legitimate doctors will also be cheated out of agreed upon fees and more.
Hope for a Risk Management team to successfully shift all risk and cost burdens to State and Federal agencies, without fear or caution. If necessary, hope for a fraud unit that will call injured workers and ask, “So tell me, ______, when ARE you going to die?”
Count on total violation of Civil Rights—-because WorkCompsters appear to be above the law, with no regard or respect for the Constitution of these United States of America and callous disregard for life and liberty.
Subject: VOICE MAIL RE: LINDA AYRES VS. WYNDHAM WORLDWIDE CNA 33269102WE – COASTLINE LODGING, SSA RECORD OF PAYMENTS, MEDIATION (Fred Sachs voice mail)
Hi Fred, Stewart, Tina and Michael and Shane:
People keep telling me not to take these atrocities personally, that CNA is doing this to all injured workers. They say the law allows it. I don’t think so. Fraud is a felony, that means it’s against the law.
Anyhow, attached is a voice mail message with Fred Sachs.
IF you guys can organize comp rooms at the Ramada Inn-Newport Beach on Superior Avenue, starting next week, I still have a chance to resume Coastline Acquired Brain Injury Program. Without such help, I cannot return. I’m not asking for an advance on anything because the $5,000 you provided in January to pay for lodging, Matrix called it “income” and says it gets ‘subrogated’ and I am paying that back to them. I tried to explain that it for treatment, so in essence, you gave Matrix $5k, not me, I was apparently just the intermediary. I hope that doesn’t make me complicit in some sort of insurance con-job. Yikes. So, Tina Jordan or Michael Doughtery may be able to provide lodging so I can return to Coastine and you can figure out how to pay.
Without Coastline, I would have to say you have succeeded in fully destroying my life. I know you don’t care, Shane Reideman made that very clear last fall when he called and asked me, “Tell me, Linda, when ARE you going to die?”
So, are we going to mediate with Judge Siemers? I understand he is the only Judge who can deal with a case of this complexity?
If I’m not going back to Coastline, we can mediate with Judge Simers any time. Looks like I have the rest of my shortened life span to fool with Workers Compensation, and perhaps make a difference to my fellow Americans. If not, I die trying, huh? (Shane, happy now?)
I told the intermediary that I don’t fly,[radiation levels way too high, if you read the news] but I could drive to SFO (would need a rental car, per diem, and lodging) but that would be my compromise, or perhaps the Judge come to Los Angeles. His CV is outstanding. I might be able to trust him.
I need the CNA list of what has been paid to me. I’m almost out of time to appeal their demand for a return of more money than even they gave me. They have edited their calculations a few times. Le’s find out where that allegedly monthly payment of approximately $4,000 since May 2014 has been diverted to? (Shane, is that the type of fraud your department handles??) Would you believe they even sent the initial retro-pay to a dead back account, even though my SSA retirement money had been coming to a different account for over a year? The Treasury agent found that of extreme interest.
OK, let me know where we are.
Have a great day, and “Dodge those Rads – It’s Dangerous Out There!”
ps… So, if the below is true, then there is some validity to the CNA rest and rest and rest and rest and wait and wait and wait approach to ‘treating’ a traumatic brain injury for more than 3 years 7 months, huh? No wonder I wake up ready to take on the world for the first hour or two of the day.! Thanks guys and gals!
C’mon, I want out of WorkComp, I want the 15% legal fees to be donated to Coastline Acquired Brain Injury Foundation, and I want a reasonable settlement to enable me to forget I ever crossed paths with any of you Oh, yes, I want some sort of restitution program by Wyndham/CNA/Grancell to ensure they never have the opportunity to harm another injured worker like this again. Maybe I can be on the Board of Directors of such an organization.
Stewart, can you have someone look into setting something like that up? Thanks. No rush, looks like we’re going no where toward settlement, so there’s time…. since no treatment cut my life span by more than the 8 initials years estimated by the Brain Injury Association of America, looks like we have maybe another 10 or 15 to use the media to make a difference in America? We’ll, let’s try. COUNT ON ME to do my part!
Have a great day, Everybody. I have no place to be…oh ohhhhhhhhhh…. the piano tuner is coming today. I read that playing the piano is supposed to help with brain recovery so as Stewart and Fred know, I bought a piano last year, or maybe 2013, I don’t remember. I didn’t realize, at the time, I had to learn to play it for it to be effective. A local piano teacher had me is some very simple VERY SIMPLE VERY SMALL CHILDREN’S BOOK. She was kind, but aghast at my cognitive impairments. Most of the kids she teaches start with two very simple books. We had to break it down to just one book for me. I guess if I don’t really get to return to Coastline, piano lessons are back on the agenda.
Fred, wanna pay for them? There’s also a company called LearningRx… There’s help out there for people with brain injuries, I just don’t know how Thomas Motamed can run an organization with people in the dark ages about something as simple as NEURO-SCIENCE. He takes in $10.7 million plus a year for harming people like me? Yecccch. At least at Grancell, peeps get “Bagel Fridays” and at Wyndham, well, if you’re on the A-list, you get credit-worthy tours. It all comes out in the wash, doesn’t it.
Ooooops, that was not intended to refer to ‘money laundering’ that seems to be a part of the workcomp biz models! People tell me to refrain from slinging around words like felony fraud, RICO, corruption…. I don’t swear half as much as I used to…swearing is another consequence of brain injuries. Shane, remember how I ended our Fall 2014 conversation, when you asked, “Tell me, Linda, when ARE you going to die?” Yeah, that F**k YOU! was a knee jerk reaction due to TBI.
How Does an Injured Wyndham Worker Return to Work?
WorkComp Epic Fail! WCAB, DOI, CAAA won’t help; FBI can’t help…so…Social Security makes legit medical care possible now – How do other companies facilitate return to work for injured workers? Let’s ask on Social Media, shall we?
As repeatedly attempted, and per the most recent leave accommodation, it is my intention to return to work on or before July 27, 2015.
Remember, I have not worked since date of injury, 1/9/12, and medical care provided by the insurance carrier has been minimal indeed. Chiropractic and physical therapy and a few first year clinical psychology sessions, and a few more neuro-psychology evaluations do not meet MTUS, ACOEM or common sense guidelines. Self-procured treatments were interrupted with threats, and MPN designated Orthopedic Surgeon Primary Treating Doctor for a diagnosed brain injury was allegedly threated with termination of referrals to his multiple offices if he did not cease and desist attempts to secure medical care for me. A leading industry experts discusses this very practice as common place in California.
This may further sound alarms in my particular case, to add to various agency investigations. One doctor, in my case, apparently succumbed to the extortion type practices, although his office did try for nearly 2 years to help me get legitimate brain injury medical care. Another doctor “lost my file” and could not even write the self-procured report, and falsely alleged a visit that never happened months later, and refused to correct the records or refund the fees paid for the consult with his verbal recommendations for immediate (2013) admission to the Casa Colina Brain Injury Day Treatment Center. The doctor did, in 2012, do a short evaluation on behalf of the insurance carrier to prevent the revocation of my driver’s license at that time. EEGs were not done by the carrier until April 2014, and follow up with medical records was also not done, as recommended by the INDUSTRY appointed neurologist. Goodness. CNA seems to think treating brain injury with a few (limited) chiropractic, acupuncture and physical therapy sessions are all that is necessary. In reviewing the pages of CorVel denials, it seems that the only times doctor’s are not required to sign a report for a modified recommendation are for those modalities–chiropractic, acupuncture and PT. D’oh.
There were neuro-psychologist sessions for a while since April 2014 with an authorized exception to the alleged MPN. The diagnosis and testing facilitated a request for 3-6 months of interdisciplinary treatment and what was authorized was 16 sessions of speech therapy, occupational therapy, and physical therapy, and 8 more sessions were authorized on zealous appeal. The cost to CNA was approximately $50,000, not discounted due to interdisciplinary guidelines, not subject to heavy WorkComp discounts, much to the apparent surprise of the defense counsel during a sandbagging session and further delays that preceded treatment.
In April 2015 the authorized non-MPN provider resigned since nearly all recommendations for medically necessary treatment were egregiously denied, with false allegations made against the doctor as well, by the carrier continuous attempts to deny medical care.
My out of pocket expenses to survive the Wyndham WorkComp claims handling exceed $43,350.44now, unreimbursed, and I lost professional credentials (CA Real Estate Broker’s License, California Notary License and Hawaii Real Estate Sales license) due to the injuries and failure at obtaining medical care.
My CA Real Estate Broker’s License has been reinstated and the CA Notary license is being reinstated. Self-procured medical providers were repeatedly threatened by defense, treatment interrupted, and none completed, from vision therapy, auditory therapies, MRI’s for the brain were self-procured, speech therapy was finally authorized in 2014 for merely 24 sessions, that would have been more beneficial in the first year, but some TBI (Traumatic Brain Injury Survivors) have up to five years of intensive speech and occupational therapies. I have lost nearly 4 years of earnings in an industy that tout’s newcomer’s can make six figure incomes and my current earning capacities are now a serious unknown factor. Return to work will clarify that, won’t it? Nobody at Big Bear or Indio knew about how to deal with a work place injury, so while the Admin Manager told gave me an incomplete DWC-1 Form and told me to “see any doctor that takes work comp insurance” and didn’t even offer a ride to the Emergency Room, so I drove down a snowy mountain WITH A HEAD INJURY…. It’s another Miracle that I survived that!
Employee Assistance stepped in and got me to some doctors, although defense lawyers repeatedly mis-state that injured worker was “properly served” info about an MPN. There were no treating neurologists, neuro-psychologists, clinical psychologists or others in the know about Brain Injury on the alleged list (that I didn’t receive a link to until JANUARY 2013!) AND JUST RECENTLY CNA CONFIRMED THEY STILL HAVE NO LOCAL TREATING NEUROLOGISTS OR NEURO-PSYCHOLOGISTS OR BRAIN INJURY EXPERTS.
I asked the EAP Clinical Psychologist, “What will I do if I don’t get my brain back?” He shrugged and said something to the effect of, ‘Well, if you don’t get it back, you can probably assemble widgets.’ Social media efforts while off work have been much like putting puzzles together and ASSEMBLING WIDGETS. I never aspired to be a WIDGET ASSEMBLER.
So, how do we move forward for return to work or about July 27, 2015? By copy to the Industry and Workers At Large, let’s ask for greater input, since Wyndham apparently does not have a RTW program? ASKJAN.ORG is the Job Accommodations Network which may help HR Staff comply with the laws. Here is the link for a search of their database on brain injury accommodations. Remember, CNA originally accepted the claim, as the records note, as a CONTUSION. JAN defines Contusion: “A contusion is bruising or bleeding of the brain (Brain Injury Association of America, 2006a; TBI Recovery Center, 2006).” Nice, they knewor suspected my injury was that bad, and upon diagnosis, terminated all benefits and hoped I died.
Here is a JAN.org list of accommodations for employers: http://askjan.org/media/BrainInjury.html Feel free to peruse the site further and we can explore as we commence the interactive process, hopefully this week.
I anticipate engagement in the FEHA required Interactive Process shortly, to explore and determine a timeline of necessary accommodations. In addition to previously submitted accommodation requests, which I will have to find, I will need to submit the finalized plan to my treating doctor and to the Coastline Acquired Brain Injury Program team as a “transition to work in Palm Springs sales office” plan for final approvals. Tina Jordan is fully aware of our need to meet as soon as possible. My next doctor’s appointment is Thursday, July 9, in Palm Springs and I could meet with Human Resources after noon on the same day.
Unknown variables include the dates of the next 2-week sales training classes, which will be factored in to a return to work transition plan from Coastline Acquired Brain Injury Program. When are the next two Indio Sales Training classes? What are the hours of work these days, and how are “breaks” handled when tour flow is heavy? I have been listening to the Steve Wilcox AFFIRMATIONS FOR SUCCESS (In-House and Front Line editions) along with the “AS A MAN THINKETH” presentation “With an Extra Track: Affirmations for Success” from July 2011. I AM MENTALLY PREPARING TO REJOIN THE SALES FORCE.
For example, if the training begins July 27, I will request authorization from Coastline to attend the full two weeks of training, knowing that it may be necessary to “repeat” the class at the following class. My processing capabilities are much slower than previously, but with hard work and repetition and systematic training, I may be able to succeed again. After completion of the 2-week training sessions, I am thinking that in order to complete the Coastline Acquired Brain Injury Program, a “work-schedule” could be reduced days at Coastline to “TWO” days … Mon/Tue or Wed/Thu. That would facilitate “THREE DAYS” return to work at the Palm Springs Office, on the busiest days, the weekends… Friday/Saturday/Sunday.
Real doctor appointments for medically necessary but denied for nearly 4 years will be made during non-working times whenever possible, and any WorkComp legal chicanery and further “evaluations” must be paid-time-off, with miles and lodging, if out of the area.
Quiet (low decibel) work area.
Work schedule to be determined based on actual start date, training (may need to take sales training class TWICE, TBD) while completing the Coastline Acquired Brain Injury Program via an approved “Transition Plan” to be submitted prior to doctor’s release so that informed decisions can be made by all parties.
Lumbar Support Chair
Ability to use memory devices for compensatory strategies (smart phones, livescribe smart pen, photos, notes, audio recordings etc. See ASKJAN.Org.
Designated go-to-person/manager for liaison on any TBI/Work/Accommodations/ADA compliance chain of command clearly described (In one conversation I was advised that a go-to/coach type person would have to be the sales manager, and it’s highly unlikely that any Wyndham Sales Manager is versed in Employment Law and ADA compliance to serve in that function, and would only exacerbate the issues. I would like a phone contact in New Jersey with someone like Patricia Lee to keep matters from escalating further. I will never forgive the callous disregard for my very life, but in timeshare sales, I have learned that we ‘leave our problems at the door” and it’s JUST BUSINESS. I don’t get all my brain power back, that’s a given; I do not intend to live in poverty any longer because of the epic fail of the slip and fall I experienced when I was just trying to help my manager find an open window so the Big Bear Team could get INTO the locked office in the middle of a snow storm. For being a team player, and putting the needs of others first, my life should be destroyed? I don’t think so.
Wyndham executives may need to speak directly with Norin Grancell, CEO of the law firm mis-handling my case since the beginning to ensure that the abuse stops immediately. This blog may be included in further evaluations by the insurance company leased/owned doctors, so they can have a better chronology of the abuses experienced and documented. In a discussion with one work comp expert, it was indicated that some of these people give “organized crime” a real bad reputation, and expose many of their minions to legal consequences.
Return to work, of course, requires a doctor’s release to work, which will be a possibility upon presentation of a viable plan in accordance with FEHA guidelines. Since Wyndham seems unaware of corporate responsibilities, and legal counsel provides inaccurate information (remember I attended a Public Career Night in December 2014, in hopes of learning more of how Wyndham has grown since I’ve been trying to recover, and the Project Director told me that Human Resources advised that he could not talk to me. Well, I still have an unresolved WorkComp Claim, how will that issue of communicating with me be resolved upon return to work? These are issues that must be clarified TO ALL PARTIES CONCERNED, wouldn’t you agree?
BRAIN INJURY HANDBOOK A Resource Guide for Employers may help in the creation of a return to work program. I have been diligent in collecting information that may help me successfully return to work. I would like a contact upon return to work to help make such a transition transparent and successful. Again, asking an untrained timeshare sales manager or human resources manager to fill that role does not seem reasonable.
Pro’s and Con’s and accommodations must be explored, in addition to those already submitted, so that we have a finalized plan that my team can approve and release me to. An assignment for my next doctor appointment includes writing a Pro/Con list for return to work, and while the doctor seems to hold significant reservations about my ABILITIES to return to work, he will consider the case for return to work that I will attempt to present this week. I wrote FOUR PAGES of PRO’S FOR RETURN TO WORK, and merely 3 statements for CON’S:
The abuse I have experienced at their hands is criminal.
The risk of further abuse and further attempts at financial harm is possible and probable.
Their actions have been incompetent and in bad faith repeatedly, and without integrity, to the top of the heap.
Those are weighty experiences and accusations, and my outrage is a legitimate response to the horrors of the Epic Fail. With the protection of Federal Laws, ADA, and FEHA, along with EEOC, I do believe that we can work together to transcend the life destroying legal-chicanery I have been subjected to, put WorkComp on the back burners, and let the proper authorities sort that out, while we move forward with a RETURN TO WORK PLAN.
At the top of the return to work at Wyndham list is not personal, it’s strictly business. The employability of the brain injured community is low, and continued employment of the brain injured community is even lower. One need only ponder the question, “What Hiring Department would knowingly hire an older worker with a brain injury and an open and public Workers Compensation claim?” Makes sense?
Other Pro’s listed on my ‘project for the doctor’ include (unedited)
It’s a job I already have
Risk of (further) job discrimination due to age, disabilities, gender, work comp is minimized by the existing work comp case (and protected against by ADA law)
There is slow/down time that will enable me to “perfect my craft” as the company has grown dramatically in the 3.5 years since my injury (and lost wages and earning capacity) — so I will have time to get up to speed in time for the Winter High Season.
Necessary accommodations, including a proper back support chair and a quiet (low noise decibels) environment are more likely at Wyndham that at a competitor, because the patterns of continuous harm have already been well documented, and now is a chance for Wyndham to right the wrongs and create a safe, positive and non-adversarial, bullying and discrimination free, non-hostile environment for my right to return to work.
Palm Springs is approximately 35 miles away, straight down the hill.
My Medicare provided doctors and interdisciplinary treatment team is now beingbuilt in Palm Springs, and the Palm Springs Wyndham Sales Office seems to be most conducive to any hope for a successful return to work that:
Allows opportunity to restore income and possibly compensate for nearly 4 years of lost income and earning capacity and professional licenses;
If successful, great; if not, it must be considered in ultimate case settlement;
I can either relaunch my sales career from Palm Springs, or springboard to new realms
On-Going Fraud Investigations – they will either right their wrongs or commit further documentable crimes
“Screw me once, shame on them; screw me again, shame on me.”
HR and RISK MANAGEMENT staff is untrained and consistently violates Labor Codes; I could be an asset in clean up, nationally.
RTW gives me time and opportunity to update/revise/clean up social media sites and records to return to more positive professional, and update my resume to reflect the changes in personality and abilities due to the Brain Injury and legal and medical mishaps.
A new position could be created to utilize my experiences for the benefit of many working people, worldwide. Not many Injured Workers have the ability, wherewithall or voice to expose the atrocities of America’s Work Comp system, of which this case is just one of millions.
Structure is critical to a TBI Survivor — Functioning capacity is currently at 3-4 hours and increasing.
If necessary, I can rent a guest room to “reboot” at the resort in the events of long days of successful selling, in order to minimize “Cognitive Fatigue” and ‘crash and burn’ from cognitive fatigue.
It’s totally a financial strategy — it’s a job I ALREADY HAVE.
Hours can be light – 8:30 to 1-ish or 3-ish.
45-90 minute spurts with guests, with “scripted” (re-learnable) sales presentation.
Repetitive stories, like my work-comp injury tales, have been repeated so often the telling is often without halting, dysfluent speech; therefore, it stands to reason that with practice of the sales presentation, and possibly become a Group Presenter, it would be win/win/win.
Palm Springs office is “hybrid” – owners and non-owners with 45/90 minute presentations.
Palm Springs, like Big Bear (where I was sent to assist during extreme management and sales turnover in January 2011, and where I was sales person of the month many times) is a smaller office, so, theoretically, there is more opportunity to earn (more opportunities for tours divided by fewer sales reps)
Small shops – can close my own deals.
Have California Real Estate Broker’s license (lapsed due to injury; reinstated) and Notary License (lapsed due to injury; reinstating) but Hawaii Real Estate Sales license was lost due to injury, no hope for reinstatement. If attempts at sales fail, perhaps a salaried + bonus “contracts person/VLO position can be accommodated in Palm Springs.
Wyndham is the largest hospitality company in the world.
Great benefits (unless hurt on the job) and benefits resume practically immediately – health, vision, dental, matching 401(k), discounts [on-going medical care includes continuation at Coastline ABI program, Cognitive therapies, RTW counselling and coaching, Acupuncture (weekly), Neurology (further exams denied by carrier for nearly 4 years), Chiropractic, Vestibular Disorder (balance), Auditory Processing, Vision Processing, and medically necessary devices to compensate.
Base pay is a “draw” against commissions and would not count against Social Security “trial return to work” guidelines if income does not exceed $___. (I forgot how much that is, less than $1,000 a month I think they said.)
Tuition reimbursement (could complete a degree program and or a Certificate Program in Sales/Social Media)
It’s a job I already have, already paid dues in full, and since the injury and permanency of the injuries was caused by Wyndham, seems only right that my working career resumes there, and we’ll see it goes from there.
Always better to leave a place on a successful high note than bleeding from a conk on the noggin;
Quitters never win and WINNERS NEVER QUIT.
If my injuries prevent success as a salesperson, as you know, I am willing to work with the Human Resources Top Executives in New Jersey to establish a position as Advocate for Injured Wyndham Workers, worldwide, and/or be of assistance with social media policies and procedures. When some key managers have LinkedIn profiles that show website links to their former employers, well, there’s another “quality control” issue, that directs candidates to competitors? Armed with two monitors, I could provide valuable input to assist Wyndham, imho.
A WorldMark by Wyndham owner recently advised that the Queen Mary is now part of the Wyndham portfolio. I had to laugh as it made me think of the Wyndham WorkComp policies, practices and providers, and how an Injured Wyndham Worker can be treated like a “Woman Overboard” as the life preserver (allegedly WorkComp) is ripped from her clutching fingers, falling into the sewer of WorkComp, with providers simply asking, “…when ARE you going to die?”
Despite the obstacles and hardships, I have worked very hard at Coastline Acquired Brain Injury Program since October 2014, and I am still gaining more and more compensatory strategies that may facilitate a successful return to work. As mentioned to Tina Jordan, Regional Human Resources Director, with the brain injury, my success as a timeshare sales executive might be like “The First 50 Dates” movie…. with a fresh title, “The First 50 TimeShare Presentations.”
While the movie is a Hollywood version of a brain injury, there are some insights to be found, and bear in mind, multiple lobes of my brain were involved, not just the temporary lobe as in the movie, in the initial and second impact traumas. Again, had treatment been immediate, reasonable and appropriate, my injuries would not likely be as severe and debilitating as they are. Muddling was never before a ‘life strategy’.
Since the WorkComp experience was an epic fail, let’s move past that, and let the proper authorities deal with CNA and Grancell and related complicit parties and move forward with Return To Work planning. Obviously, Wyndham has little-to-no experience in helping someone with an untreated brain injury return to work, so whether or not my return is successful, let’s work together to ensure that a return to work path is created for other Wyndham Workers who follow.
The interactive process required by ADA and FEHA must commence immediately so that we can work out the variables and so that I can obtain “trial return to work” authorizations from my treating doctor, and also approval from the treatment team at Coastline Acquired Brain Injury Program (both are self-procured since CNA willfully and callously and apparently by a web of fraudulent means, with complicit doctors, succeeded in failing to provide medical care, pay Temporary Disability Benefits in the first two years, and continues to refuse to pay estimated Permanent Disability, causing what the social security administration says is permanent and chronic injuries to my brain. Nobody believes I can return to work, but my current doctor instructed me to write the Pros and Cons of returning to Work at Wyndham, per the in place accommodation request.
While Human Resources has been unable to meet to engage in the interactive process (we did have a meet and greet last summer, but no progress was made). CNA did pay approximately $50,000 for 24 sessions of speech therapy, occupational therapy, physical therapy and an extensive auditory processing evaluation and driver safety evaluation in the Summer of 2014. That Interdisciplinary Treatment Program had been requested for 3-6 MONTHS, and 16 days were authorized, then extended 8 more days. Also included in the fees was assistance in the Interactive Process, where the SCRIPPS BRAIN INJURY DAY TREATMENT CENTER Occupational Therapist was to go to the job site with me, meet with HR, and explore necessary accommodations. Apparently, the Defense Firm, who seems to relish in lack of expertise of ADA/Return to Work/Employment Law, forbid HR to meet with me and qualified professionals. The early termination of the program by the Defense also muddled those return to work plans, as no doctor would release me to work without care.
Other professionals have indicated that had I received medically necessary treatment in the first year, it might have been possible to return to work in some capacity back in 2012. In a pattern of practice of omitting hundreds of pages of medical records with clear intent (and years of success now), the defense has implicated many doctors in their sham. Bear in mind, upon diagnosis of BRAIN INJURY, CNA immediately terminated Benefits and all treatment, and resorted to financial terrorism, bullying and worse. Nothing has changed, and now they include Judges in their chicanery.
After a very positive conversation with an agent of the FBI, it is clear to me that there is no agency that can help me personally in the horrors I have experienced at the hands of the Wyndham Worldwide WorkComp insurance carrier and their defense counsel. While California Labor Codes allegedly provide an Exclusive Remedy for injured workers that includes immediate, reasonable and appropriate medical care, with disability payments, all with an alleged aim to help injured workers recover and return to work as soon as possible, this was not and is not my experience. The evidence of my case may prove valuable in investigations of “similar” cases, and I have assured the FBI agent that my “arsenal of work comp records” is at their service. In the discussion, I mentioned that as an “OLDER WORKER” I fortunately had the fall back position last year to apply for “early retirement” so I did not join the increasing ranks of the homeless injured workers. It is my very strong belief that as an OLDER WORKER, I have an obligation to expose the crimes that I have been victimized by, and that millions of other Americans are being subjected to daily, in a Grand WorkComp Fraud.
While the Wyndham Worldwide Director of Risk Management, Michael Dougherty, has never once responded to my pleas for help since 2012, the congenial relationship between Wyndham’s Risk Management Department and Insurance Carrier Defense firm can be summed up in the public recommendation by the Defense firm below (It smacks of collusion to me, but they say since the brain injury and denials of medical care while doctors profit by writing false reports and attorneys profit by omitting medical evidence, that I am extremely “suspicious”…)
Shareholder/branch manager at Grancell, Lebovitz, stander Reubens & Thomas
I have worked with Michael for quite a while now. Since the time I have worked with him, he has successfully moved his program from its prior claims administrator to its present Third Party Administrator. In addition, Wyndham has continued to expand its business which includes aquiring other companies. This requires the integration of the new businesses into his existing program. This has been accomplished in an admirable fashion.
Not many states can boast the complexity, frequency and severity of Workers Compensation like California. I think Michael’s grasp on the California system through its many iterations as well as his knowledge of Workers’ Compensation in other states has truly benefited his employer in his ability to strategize, collaborate and manage the entire program.
Michael’s ability to work with all partners in his program and draw on their skills especially in complex cases is key in management and expeditious claim resolution.
January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide
As the records indicate, had I received more than chiropractic and a few visits with a clinical psychologist in 2012 (interdisciplinary treatments WERE requested, but were denied by non-medical personnel) the possibilities for return to work existed. In October 2012, the primary treating doctor attempted to facilitate return to work, but again Wyndham refused to engage in interactive process and simply extended leave without pay or benefits. In August 2014, through the expenses and efforts of an interdisciplinary brain injury day-treatment program, efforts were made to engage in interactive process repeatedly by hospital staff, and Wyndham was apparently mis-directed by the defense firm to refuse to engage in interactive process. SCRIPPS has recently offered to resume the effort to facilitate the interactive process, with a minimum of 2 more weeks of the interdisciplinary Speech/Occupation/Physical Therapy Program (and approximately another $25k?) to do what they were not allowed to do to facilitate return to work last year.
Perhaps we can now work together to organize a viable return to work plan with increasing work days as the Coastline Acquired Brain Injury program reaches completion and the Desert high season begins. I have approximately 3″ of communications of attempts to organize return to work, all failed attempts included spread sheets of if this then that. Let’s plan on a working meet to put something in writing this coming week so that my treatment team can determine if indeed a TRIAL RETURN TO WORK IS POSSIBLE.
I would further suggest you advise defense counsel to put the case and chicanery on hold until we get through developing a return to work plan, with aim toward July 27, 2015, and identify all the necessary accommodations, scheduling, locations, and paperwork. Again, you can let Mr. Norin Grancell know that the injured worker intends to return to work despite the atrocities commited by his firm, BY ANY MEANS NECESSARY. He will understand and explain it to Stewart, we’re sure.
I truly do not know if I am CAPABLE of returning to work; at Coastline I have heard that some people with most severe brain injuries are amongst those say most adamanatly that they can return to work…when they can hardly speak, have zero working memory, and other major issues. Nobody has told me they think I am ready to return to work, but as I have always said, I AM INJURED, NOT STUPID. One Work Comp doctor in 2012 said, when I asked, “When will I know I am ready to return to work” and he said, ‘You’ll know you’re ready when you’re back at work.”
OK, let’s get to it.
Please let me know about a meeting the afternoon of July 9th in Palm Springs or Indio, and advise who I will be meeting with and if Wyndham Leave Support Management can participate by phone to document. This, with prior requests, seems to give you what you need to propose what can work for a return to work. I know I still struggle with being concise, and untreated vision processing with working-memory issues makes editing a challenge, so perhaps the best next step is for Wyndham Leave Support Services to send a proposal for return to work, subject to medical release and we can either finalize or fine tune from there. The professional help that was paid and every effort was made to get Wyndham HR to participate with the SCRIPPS INTERDISCIPLINARY TREATMENT TEAM to facilitate return to work was refused repeatedly by both Wyndham HR and it’s legal counsel.
I cannot reasonably be expected to do the work of a team of professionals who are allegedly well versed in such matters as return to work. So, I await response this week, and as I have said to HR repeatedly, let’s do what we can to avoid a FEHA complaint and get me back to work and earning capacities, with an aim to have me fully integrated into the work force by December, starting July 27, 2015.
Thank you. I look forward to return to working and to magnificent outcomes that help not only me, but other injured workers at Wyndham Worldwide, and everywhere. PS The Ramada people are tops! They reallly exude COUNT ON ME behavior!
How Does an Injured Wyndham Worker Return to Work? BY ANY MEANS NECESSARY!
Let’s get down to business.
Linda Ayres, In Pro Per
PO Box 835
Yucca Valley CA 92286
760 368 7236
cc: “Supplemental People” and The Working World At Large via Social Media
PS As I try to edit this and check for typos, I just keep adding more text and I have to prepare to drive to Coastline. I will send it shortly and hope to receive the proposal from the Wyndham Leave Support offices this week, in time for my Thursday morning doctor’s appointment. I will print and take this blog with me to that appointment, as the doctor is just now reviewing my medical history. Thanks a bunch. Hope to see you all July 27, 2015. Please advise if the training class starts sooner or later, and assign a “table” to me at the Palm Springs Sales Office….. “I’ll be back!” If Bobo is there, I want to sit by him, or by Rodney!
#WorkCompsters Dispute Location of Body Part known as BRAIN? D’oh
Want a peak into the world of a #WorkComp #Brain Injury Survivor?
Thanks #Wyndham, #Grancell, and #CNA, and all the #WCAB peeps and #CAAA lawyers who couldn’t/wouldn’t help me! @ProPublica
[New TBI Survivor asks if anyone ever has challenges getting groceries home after shopping diligently…]
Linda: Wait till you start using lists, and really focus on tasks at hand…then get everything on the list and leave a bag or two of paid groceries in the cart and wonder for hours where the stuff is that was checked off on the list…. unsure emoticon
Or when you splurge on some great hair products and can’t find them to save your life…. for months, then find them in a cupboard where they don’t belong… gasp emoticon …. Welcome to the World of Traumatic Brain Injury Survivors….!
Have you seen a Speech Therapist yet? Occupational Therapist?
They helped me see that I can easily do tasks with TWO – STEPS. That third step can really kick butt…. like making coffee: 1) put coffee in maker 2) turn pot on 3) wonder why coffee is spilling all over the counter; find pot in dishwasher; try again; 1) put fresh dry coffee in maker; put pot in maker 3) wonder why coffee isn’t done yet….. unsure emoticon
[ Another new TBI Survivor asks if anybody else sleeps all the time ]
LINDA: I slept most of the first year. COGNITIVE FATIGUE is a real butt kicker. Sometimes after a long drive to a doctor’s evaluation, I had to find a safe shopping center to park and rest. Sometimes I still have to find a safe place to nap while travelling here and there. I carry a blankie. unsure emoticon
One idiot neurologist actually wanted me to drive 100 miles each way to his office WITHOUT SLEEP and only HIS office with HIS technician for a ‘sleep deprived EEG’ that second month.
Wow, I told the lawyer I was injured not stupid, and requested a smarter neurologist. The response? Termination of benefits, and begin of the ‘kicking to the curb.’ ‘Curb kicking’ went into full motion, with other bullying and terrorism practices by ‘the Defense’ upon clear diagnosis of brain injury, and hasn’t stopped yet; ongoing since January 9, 2012. Yeah, in America! Ain’t that awful.
WorkCompsters apparently only treat brain injury in California with the ‘rest and wait and wait and wait and wait till you’re kicked to the curb, they hope you die’ program.
Wyndham has paid the big premiums for that sort of WorkComp Insurance Policy for it’s injured workers from CNA aka America’s Casualty insurance firm. It’s pretty similar in other states and nations. Same crowd of #WorkCompsters?
My friend and teacher, Michelle Wild, just recently released an Apple app for the brain injured population. It is called Manage My Fatigue. YOU could write a great article about Michelle Wild and her 25 plus years of work helping people with brain injuries develop compensatory strategies… She also has a website called making cognitive connections… I think the address is ID4theweb.com. There is a wealth of information there… Worth checking out.
My date of injury was January 9th 2012… Living without much working memory… is another butt kicker… as is the rule about ’embrace the new you’… Easier said than done. ☆♡◇☆♡◇☆ #InjuredWorkersUniting #SilentNoMore
#WorkCompChat? Fascinating that #CNA insurance might find my #LinkedIn profile of such interest? Classic #RockPaperScissors?
Let’s hope it is a good sign and that audits may be conducted to ensure that the horrors I experience by their failures and refusals to provide medically necessary treatments since date of injury, 1/9/12, must not and will not happen to other injured #Wyndham Worldwide Employees. This is an outrage to Shareholders and Injured Worker alike.
Few studies discuss the true causes of the absolute failures of the Grand Bargain, known by injured workers as the Grand Work Comp Fraud.
As evidenced at Doctor’s Trials of Nuremberg, when doctors are criminals, there are grave social problems. When the criminal activities of doctors are supported and protected by criminal lawyers, the problems are compounded for all concerned.
Work comp insurance systems are a mega billion dollar crime syndicate, fleecing, maiming, torturing injured workers, causing permanent disabilities and premature deaths for injured workers and reaping extreme profits for the sonderkommando involved.
No, we don’t need more studies. All involved know the truths of the atrocities. But, if more studies are desired, begin to study how cops and firefighters are tortured and abused by the WorkCompsters when injured on the job.
Think harder and include the plight of injured veterans, being denied medically necessary treatments and “incapcitation pay” while self righteous and arrogant psychopaths allege the horror stories are exceptions rather than the rules of the work comp killing games.
When doctors and lawyers and judges and their ilk breach oaths of office… take heart in knowing there are others who take their Oath seriously,
…and will responsibly honor Oath before orders.
Start the 21st Century Doctors and Lawyers Trials in America and Canada and UK. Hold the multinational crime syndicate’s participants accountable for the extermination practices of Workers Compensation Grand Fraud. . . Prepare the gallows.