Workers Compensation NATIONAL DISCUSSION that includes Voices of Injured Workers

Tuesday, May 10, 2016

Assume Responsibility

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

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

15 comments:

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

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

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

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

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

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  • Thanks for making my point Darren.

  • This comment has been removed by the author.

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

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

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

    Reply

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

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

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

    Reply

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

Reply

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

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

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

TO REMAIN SILENT IS TO BE COMPLICIT IN THESE CRIMES.

See the series, ASK ABOUT WORKERS COMP GRAVY TRAINS 

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

Get Involved with ProPublica–because they have the artillery to help InjuredWorkers Survive?

  #OccupyVirtually – There’s Something In The Air!

#CommitteeOfBloggers Needed Now by/for InjuredWorkers Globally!!!

Through the process of investigation, more of the good peeps may be found to nominate for the WorkCompCentral CompLaude Awards.  GET INVOLVED.   INTERRUPT THE #WarOnWorkers!

# # #

Anybody know what time it is? Submit nominees for the #CompLaud awards. #WorkCompNaughty list, send to ProPublica, by any means necessary.

Play the video: YOU HAVEN’T NOMINATED???YOU HAVEN'T NOMINATED???

YOU HAVEN’T NOMINATED???  WHAT?

YouTube David DePaolo describes why it is important to nominate for the 2015 Comp Laude Awards! Click here to nominate now!…

# # #

  1. Just submitted an update to the good peeps at ProPublica. FYI: I love what you folks are doing! Amp it up! People are dying in the WorkComp Ghettos and Gulags in the USA and elsewhere. Here’s an update: Do YOU want outcomes like this for your WorkPlace Injuries? Guaranteed by CNA? Works for Wyndham–You Too? https://lnkd.in/b9Ubefq Full story here: ASK ABOUT WORKERS COMP GRAVY TRAINS https://lnkd.in/btH3gtS

 # # # # #
An Excerpt of their work:

What Happens When Americans Are Hurt on the Job? Help ProPublica Investigate

OVERVIEW
by Terry Parris Jr.
ProPublica, Mar. 4, 2015, 5:00 am

Flickr photo via billjacobus1.

……As part of our ongoing investigation, we invite you—whether you are an injured worker, claims adjuster, an employer or lawyer—to tell us about your experience navigating the workers’ comp system. Have something we should look into? Fill out the form below and we may be in touch. If you have an idea to fix workers’ comp, lower costs or help injured workers return to work, we’d love to hear that, too.

GET INVOLVED
 
 

Who are you? * Employee Claims Adjuster/Insurance Employer Lawyer State Regulator Doctor/Medical Staff

Other
 

What’s your workers’ comp story? *

 
Tell us about your experience with workers’ compensation.

What was injured? * Head Neck, Including Throat Trunk (chest, internal organs, back, pelvic region) Upper Extremities (shoulders, arms, hands, fingers) Lower Extremities (toes, knees, legs) Body Systems (nervous, respiratory, circular, gastrointestinal) Multiple Body Parts (two or more of the regions above) Other Body Parts (prosthetic, orthopedic) Nonclassifiable

Other
 
Check all that apply.

Approximate date of injury

 
In what industry did the injury take place? *
Natural resources and mining
Construction
Manufacturing
Trade, transportation, and utilities
Information
Financial activities
Professional and business services
Education and health services
Leisure and hospitality
Other services
Public administration
Unclassified

 

Were you (or was the employee) disabled? * Not disabled Temporarily Permanently

Other
 

Was a claim filed? * Yes No

 

What is the status of the claim?

 

Name of employer

 

Insurance company

 

City where this happened *

 
State where this happened *
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
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Maine
Maryland
Massachusetts
Michigan
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Ohio
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Tennessee
Texas
Utah
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Washington
West Virginia
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Wyoming
Other

 

Is there anything else we should know?

 
Following up

A journalist may contact you for additional details about your story. We will never share your personal information or without your permission.


Your first name *

 

Your last name *

 

Your email *

 
Not for publication. A reporter may contact you with additional questions.

Would it be OK for us to share your story with other journalists in ProPublica’s Reporting Network? * Yes No

 

Would you like to receive email updates from ProPublica? * Yes, please No, thank you

 

Check below to receive email updates from ProPublica * for the workers’ compensation investigation only for all ProPublica’s major investigations for ProPublica’s daily newsletter

 
Check all that may apply.
 # # # # #
please stand by
  1. Linda Ayres

    My Dear Fellow Americans — aka “The Unsuspecting Public” — yes, we were warned about all of it. How few listened? Well, what is, is. In the meantime, ASK ABOUT YOUR #RADIATION THIS WEEK. Start with CNN’s version of the number of nuke reactors near you – https://lnkd.in/b97tkSv Then, ask about #Radiation and #WorkComp and #Timeshares, just for a well rounded opinion… https://lnkd.in/bMvk4n8 Then, if you’re still ok with doing nothing/saying nothing about things, and silencing those who do, well

  2. Linda Ayres

    Just submitted a little update to ProPublica… I hope it helps… “I love what you folks are doing! Amp it up! People are dying in the WorkComp Ghettos and Gulags in the USA and elsewhere. Here’s an update: Do YOU want outcomes like this for your WorkPlace Injuries? Guaranteed by CNA? Works for Wyndham–You Too? https://www.linkedin.com/pulse/do-you-want-outcomes-like-your-workplace-injuries-guaranteed-ayres Full story here: ASK ABOUT WORKERS COMP GRAVY TRAINS https://askaboutworkerscompgravytrains.com/list-of-posts/ WE ARE THE MEDIA NOW

    WHITE ROSES AND LINKED IN 5 16 2015

    Ask about “Your Radiation This Week” and “…remember to Dodge the Rads, it’s dangerous out there!

  3. HELP INJURED WORKERS HELP SPARE YOU THE ATROCITIES WE ENDURE
 WHERE DID THEY COME FROM WHO CARES ABOUT INJURED WORKERS
WE ARE THE MEDIA NOW THANK YOU

Where’s the Money? CNA was awarded nearly $20k FOR REFUSING TO PAY TTD IN 2012 AND 2013 AND NOW….

[Last edited on October 3, 2014 at 10:34 am]

August 24, 2015 – CNA, with the help of Grancell’s law team chicanery, has successfully shifted cost burdens to the State of California, Social Security Administration, and Medicare?  Wyndham paid how much for that useless WorkersCompensation policy?  Appears to be more like a money-laundering racket.

In May 2015, after multiple appeals, Social Security Disability was awarded, and Medicare established.   SSA calculations are apparently like a rat maze based on false and incorrect information repeatedly provided by CNA, along with the Courts “negotiating” rewards to CNA for breaking the law and refusal to pay TTD, even when a Judge told them too.   A more indepth blog will be forthcoming….. this will give you a clue of how they set the ‘SHELL GAME’ for your taxpayer dollars up…

Other paperwork falsely alleges CNA paid me and still pays me approximately $4,000/month.  Holy Moly!  Call the District Attorney.  Sounds like grand theft because such funds don’t make it to my bank account.  I wonder where they go?  Actually, I wonder if the State Controller has a clue on the money that EDD and SSA seem to ‘kick back’ to big companies like CNA aka AMERICAN CASUALTY

 

FOLLOW THE MONEY….  Vote the Poll, “Dodge the Rads — It’s Dangerous Out There”

[Last edited on October 3, 2014 at 10:34 am]

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: sreubens <sreubens@grancell-law.com>
Cc: wynlinda <wynlinda@gmail.com>; lindaayres <lindaayres@aol.com>; ReoLinda <reolinda@aol.com>
Sent: Fri, Oct 3, 2014 10:25 am
Subject: Fwd: Linda Ayres — CNA 3269102 TTD Termination of Benefits, Authorization for Medically Necessary Treatments, and Reimbursements, QMEs and “Practice Effect” violations

Hi Stewart, Courtesy Copy to you and others.  Have a nice day.

—–Original Message—–
From: Linda Ayres <reolinda@aol.com>
To: fred.sachs <fred.sachs@cna.com>
Cc: SReubens <SReubens@grancell-law.com>; mary.falvey <mary.falvey@wyn.com>; hchalgujia <hchalgujia@aol.com>; tina.jordan <tina.jordan@wyn.com>; melisa.paramo <melisa.paramo@wyn.com>; lindaayres <lindaayres@aol.com>; wynlinda <wynlinda@gmail.com>; reolinda <reolinda@aol.com>; jack.dolan <jack.dolan@latimes.com>; Alyson.Johnson <Alyson.Johnson@wyn.com>; Christine.Dasilva <Christine.Dasilva@wyn.com>; Margo.Happer <Margo.Happer@wyn.com>; merav.benedetti <merav.benedetti@wyn.com>; steven.alessandrini <steven.alessandrini@rci.com>; lori.ford <lori.ford@wyn.com>; info <info@naidw.org>
Sent: Fri, Oct 3, 2014 9:52 am
Subject: Linda Ayres — CNA 3269102 TTD Termination of Benefits, Authorization for Medically Necessary Treatments, and Reimbursements, QMEs and “Practice Effect” violations

Dear Fred:

Thank you for your email of September 23, 2014 with your thoughts on monies paid and terminated TTD.  Matrix advised that they did contact you, but have not yet received a response to their request for a copy of the actual termination notice.  Can you help now?  I have bills due NOW.   TOP PRIORITY…..CASH FLOW issues since you have sent any money since July 2014, and you believe there is none due because of the deep discount provided to CNA by the State of California, relinquishing my rights and benefits.

Prioritized points below, 1-7.  Thanks.  Stress messes with my brain and too many things are coming at me right now.  Sorry for the length of this.  I also remembered I migh be able to do the housekeeping thing… I have supervised Estate housekeeping staff.  More on that below.

Stewart is being mean again, says he is not going to email me anymore, just snail mail.  That’s another ADA violation, but he doesn’t care.  I have had to keep switching email accounts because Grancell blocked me on this account, so I’ll send him a copy in a bit….not jumping through any more hoops for him.  He is tooo mean and he scares me.

Let’s not again burden the State because Wyndham doesn’t like to help injured workers return to work, and wants them kicked to the curb and or dumped into the SSDI and welfare roles.  One friend said if Tina wants me to be a Housekeeper as the only way to return to work, then the panel QME with Dr. Holmes will be imperative.  Even he might have to call for “light duty” for Orthopedic reasons.  Social Security also does not think brain rehabilitation or brain injury is an imediment to selling timeshare.  Hard to figure.  Here’s more on what a doctor told me in January 2012 regarding possiblities of return to work, if’s and thens:

Wyndham‬ Worldwide, Is there a WIDGET ASSEMBLY department??!  http://t.co/HWRyyRPis0  https://askaboutworkerscompgravytrains.com/2013/07/03/wyndham-worldwide-is-there-a-widget-assembly-department/

One of the big take-aways from SCRIPPS was further clarification on how messed up my brain is, and how desperately I need more Speech and Occupational and Vision Therapy to be able to rejoin the work foce.  Let’s work together to get me to Coastline….. It seems the cheapest way for you to go…unless you like paying Grancell to torture and terrorism disabled workers, then, I surrender.

Here is a link to some blogs with facts on my case, including denied medical care, failure to reimburse medical miles, and the whole ugly mess.   If Steward refuses to send you the file, this may be a quick update, it’s accessible on mobile phones too.  https://askaboutworkerscompgravytrains.com/list-of-posts-ask-about-workers-comp-gravy-trains/

Hello Linda,

 

I’ve received your request and forwarded to our recalculation department for review.  Please note that we would need an actual award notice / termination notice from your workers’ compensation carrier indicating you are no longer receiving the $649.41 / wk.  As it stands it appears that you continue to receive the $649.41 / wk (2,814.11 per month) and that offset would still apply.  Once the overpayment is recovered, you would only be entitled to the $100 per month minimum benefit unless a termination of benefit notice is received on the workers’ compensation carriers’ letterhead.  – Matrix

  1.   Please send me and Matrix a copy of the TTD Termination of Benefits document today, please and thank you.

As you can see by the email from Steven Acevedo below, I’m not the only one confused by the complications caused by the CNA refusal to pay TTD the first year, and by the severe discount of my benefits negotiated with the State of California, to my loss of $20,000, and putting me in the position again to rely on public charities and State Funds, that were given to CNA rather than to this injured worker.

Before I get busy with emails on this matter today, will you kindly forward a copy to me today of the actual “termination notice” indicating that you are no longer paying me, effective when and why.  As you can see, it appears to even Matrix that yep, you’re still supposed to be and are paying me, so therefore, they are unable to reinstate my LTD benefits.

The people at Matrix and Reliance are always very helpful and responsive.   I appreciate your efforts to communicate with me, and I understand that Stewart Reubens has decided to ignore more ADA requests for electronic communications and will just mail things to me when he feels like it.  Whatever.  It’s noted.

The entire thread is again attached.

  1.   Please request from Stewart Reubens a copy of the summary of unreimbursed medical miles and expenses dating back to January 2012, submitted repeatedly, on paper and electronically.
  1.   Appeal to Scripps obfuscated by again failure to provide evaluating doctor with medical records as submitted on appeal, when it was obvious the first request was submitted with numerous omitted medical records.
  1.   Dr. Hilda Chalgujian agrees with pursuit of continued treatment at SCRIPPS and or at Coastline Cognitive Rehab, which starts October 20, 2014, if I am accepted to the program.   More evaluations required.   Her RFA is anticipated shortly.   COASTLINE MAY BE THE WAY TO GO.  DOESN’T LOOK LIKE WE CAN SETTLE UP AND I WILL NOT BE COMFORTABLE WITH ALLOWING MORE HARM TO COME TO ME BECAUSE STEWART DOES LIKE ME OR BECAUSE HE HAS HIS EGO INVOLVED IN HARMING A DISABLED WOMAN.
  1.   Stewart doesn’t want you to authorize any medical treatment, but he wants further evaluations at:
  1. a) Orthopedic Surgeon – Dr. Holmes  –  PLEASE ENSURE I HAVE A COPY OF MEDICAL INDEX AND HARD COPY OF RECORDS SENT BEYOND WHAT I ALREADY PROVIDED; PLEASE CONFIRM THAT DR. HOLMES HAS RETAINED ALL THE RECORDS PREVIOUSLY PROVIDED.  As it is a pattern of practice for Grancell to send me to appointments without providing the doctors with complete medical evidence, I will be unable to attend the QME unless I have received proper notice of the records submitted, and copies thereof.  Otherwise, I am happy to comply with helping another doctor make holiday money with another evaluation.

 

  1. b) PLEASE ASK STEWART TO ENSURE I RECEIVE A MILES CHECK FOR THE QME, AS THE ONE SENT PREVIOUSLY WAS EXHAUSTED AS I APPEARED FOR THE APPOINTMENT AS ORDERED BY THE COURT, AND IT HAD BEEN CANCELLED AND NOT REINSTATED.  I have full documentation, so Stewart needs to send another check, to my post office, PO BOX 835 YUCCA VALLEY CA 92286
  1.   Stewart does not want you to authorize any brain injury treatment, following the footsteps of Kim Mall of Grancell-Corona, 24 days at SCRIPPS when 3-6 months were requested is hardly compliance with the responsibility of my employer and it’s agents to provide medically necessary treatment. Yet, Stewart wants another neuro-psych evaluation….. to add to the facts provided in 2012 by Dr. Eileen Kang and Dr. Marcel Ponton, and reiterated by Dr. Hilda Chalgujian.   Their requests for medical treatment were all ignored, so, here I am.    Coastline may be the way to go.
  1. a) Please ensure that any such neuro-psych eval complies with the law and any such evaluator currently treats TBI in his/her practice.  Please know that Matrix is sending me yet another neuro-psych for eval for my long term disability later in month, and practice effect in such exams is common knowledge within that realm of experts.  Please ensure CNA is in compliance whatever laws may pertain to repeated testing in hopes of getting better results and being able to further deny medical treatment.  I get the question about “What season is it?” right this time of year, and I am doing better at listing the presidents, and identifying what day, month, year it is, and what City and County I am in.  I still have challenges with counting from 100 backwards by 7s, and spelling world backwards is hit and miss.

Wow, to think some work comp comp doctors are paid several thousand dollars to adminster those tests, or to supervise a non-licensed person to do so…. Wow, that’s America, huh?

  1.  Steward said he was going to contact Dr. Hilda and Dr. Bergey directly regarding ‘MEDICAL LIMITATIONS’… May I also suggest you re-review the records and statement of Dr. Marcel Ponton, psychologist and QME, and Pasadena treating doctors from April 2012 to December-ish 2012…. It’s in the blog, but here’s a quote, and since none of the recommended treatments happened, there’s little reason to believe anything has changed much on the limitations, huh?

RECORDS REVIEW:

Report to Employer:

Disability or Medical Limitations:  (Physician must review employee’s job description and describe disability and/or restrictions from performing this job). 

HAS PROBLEMS WITH ATTENTION AND CONCENTRATION WHICH WILL IMPACT ABILITY TO EFFECTIVELY PROCESS COMPLEX CLIENT INFORMATION AND OTHER DATA.  Additionally, injured worker has a reactive depression to the conditions and neurobehaviorial symptoms.    Medications Taken and Side Effects:  N/A

Mitigating Measures or Assistance Devices Utilized and Degree of Effectiveness in Reducing Functional Limitation and Effect of Medical Condition on Major Life Activities, Description of Impact and Duration:

Injured worker needs ongoing psychotherpay and cognitive remediation.  Ongoing Rx for neurobehaviorial symptoms as per Physiatrist. Patient has problems with money management at this time, however, is independent with all other ADL’s…..  [Physiatrist recommended treatments and further evaluations were never authorized after initial consult.  Initial consult did result in non-revocation of driver’s license after unfounded report by neurologist with a specialty in epilepsy and fibromyalgia (neither of which IW suffers from), not TBI, saga for another blog]

State Whether Employee Can Perform the Tasks in the Job Description in light of Medical Condition and identify any applicable restrictions and duration:

#Responsibility – will have difficulties with training and development and remembering information to convey to others…

Knowledge and Skills – patient will have problems tracking with company policies and procedures.  Patient may also have problems with organization.

Identify Any Accommodations that Would Enable the Employee to Perform the Tasks that the Employee’s Medical Conditions Precludes from Performing 

Modified duty – performing rote and repetitive tasks that do not require major decision making or constant interaction with the public.

See more:

As to the $27,000+, Stewart again reiterated that nothing I say will encourage him to look at the documents I provided in summary to the multiple requests for medical expenses as far back as 2012, medical miles to PTP, co-pay for the EAP directed doctor, treatment requested by physicians and utterly ignored by Grancell attorney Kim Mall which I then self-procured, and she interrupted with threats to the doctors.  Is there no law against bullying injured workers??     When I look for the TTD TERMINATION,  I will look for the summary again, and send it to you.  The Audit Unit has copies, and while Stewart likes to say it’s all about ‘self-procured medical care for disputed body parts’…. the evidence, had he been willing and able to read it, will clearly show that’s not the case.  For a fast fact check, see when the last time you paid me for medical miles to Dr. Darren Bergey and Dr. Hilda Chalgujian.   Start there, and you’ll see a pattern.

You also mentioned that if SCRIPPS was not authorized for further treatment (which is was not, and again, they refused to review all the medical records I provided, and did not even have the SCRIPPS discharge records… omission of medical records with intent to deny medical care, or just another oooops??)  Anyway…you mentioned, local providers you would recommend are at Eisenhower, Loma Linda or Casa Colina, for speech therapy for high level executive functions, vision, occupational and vocational therapies, but you did not provide the names of any such providers.  Further, clearly you are unfamiliar with my file, or you would see that I have treated at Casa Colina, their Medical Director, Dave Patterson, organized by Daniel Elliott and Attorney Michael Durich (#2) sent me there for an evaluation and to debunk the request by Dr. Waldman to revoke my driver’s license in April 2012. I went to that appointment expecting a complete evaluation for their Brain Rehabilitation Program, and I got a 15 minute evaluation and Dr. Patterson filled out the DMV papers and said I was cleared to drive.  He also referred me to Dr. Eric Ikeda, their Neuro-Optomestrist.  I never saw a report on that meeting, I never was sent to Dr. Ikeda by PTP Marcel Ponton, QME, and in fact, only saw Ponton’s side-kick, Dr. Chung, for 4 session of psychotherpay  (those may be some of the unreimbursed medical miles, too from 2012, we’ll have to look, it was a 2+ hour drive.)   When I requested medical records, I saw there is a notice that I saw Dr. Patterson of Casa Colina in October 2012, which is false. It is a fake part of the medical records index of Ms. Mall.   I did, however, self-procured medical evaluation and treatment with Dr. Patterson in April 2013, but alas, he lost my file, never wrote a report, and refused to see me again.  However, he did refer me to Dr. Ikeda, wherein I received a prescription for the first treating theraputic lenses, and some Vision Therapy, that Ms. Mall also interrupted.   Experts that I have spoken to find it very curious that there is a false notice of a patient meeting with Dr. Patterson, his abrupt loss of my files, failure to provide the promised, and oh yeah, he had recommended me for 3 months at their Brain Injury Rehab place in 2013, and they take work comp.   WHAT DO YOU THINK ABOUT THAT??

I will look for and try to finish the schedule of physician request but attorney denied medical treatments since 2012.  While Stewart thinks it’s not his job to help me get medical care, and he insists that he and his firm have nothing to do with whether or not I get medically necessary treatments for accepted body parts, including my brain, that just makes me wonder if he is suffering from a brain injury, too, or if it’s genetic.

Anyway, oh oh….. Do you read WorkComp Centeral blog?   Guess who they wrote about recently?  Yep!  Let me know if you want the link….. it’s the one about Work Comp and Baseball…..  ahhh, 30 seconds and fame on social media…..  I hope that guy, Jack from the LA Times calls you and Stewart for some of his investigative reporting…

He looks like he is unfraid of deep digging….goodness, he even suggested that some LA Police and Firefighters fake work comp injuries.  I had to comment that as a Citizen, I suspect they are made to wait and wait and wait for medical care just like the rest of us, while the profits are squeezed as the life is squeezed out of us.

Ok, that’s it for me for now.  I think the summarized points brings us up to date.  Still on my action list for you is:

  1. Send you the summarized spreadsheets for the way past due $27,000+
  2. Keep working on the PROPOSAL FOR SETTLEMENT (dropped to the bottom of the pile with Stewart’s continued bad faith and breach of fiduciary responsiblites)
  3. Keep trying to make any ally out of you, since your Fraud guys told me that’s the way to go.  But golly, I’m insured by you guys, why do I have to try to make an ally out of you. I’m not the enemy.  Grancell is.

Sincerely,

Linda Ayres, IN PRO PER

760 368 5243

PO Box 835

Yucca Valley CA 92286

wynlinda@gmail.com

reolinda@aol.com

cc:  Mary Falvey, Wyndham Worldwide Human Resources Executive VP

Tina Jordan,  Wyndham Worldwide Human Resources – Regional Director

Melisa.Paramo Wyndham Worldwide – Manager, Indio, Palm Springs and Big Bear

Wyndham Leave Support

PS Note to Wyndham:  PLEASE ADVISE THE DATE OF THE INDIO SALES EXECUTIVE TRAINING IN NOVEMBER.  The accommodation request form was      submitted by me, and delivered to Dr. Chalgujian and Dr. Bergey, anticipating further discussion and commencement of the Interactive Process, thank you.

cc:  Jack Dolan….  PS  You and your article were mentioned in the Ask About Workers Comp Gravy Trains blog: https://askaboutworkerscompgravytrains.com/2014/10/01/hello-america-can-we-talk-tbi-workcomp-wyndham-cna-grancell-edd-ca-dol-usa-etc-and-complete-systems-fail/   😀  You’re welcome.   BTW, Do you know Larry Kosmont?  I used to work for him.  He’ll probably say nice things about me, and how smart I was and how I was a great “right hand” to him and his.   Peter and Stephen Lowy might remember me, but I did, at the end of my assignment as Executive Assistant to the Chairman of the Board, I help his Dad and Mum run their households in Beverly Hills and NYC, and I coordinated logistics when they flew in on their 747 or were off in the Mediterranean on their yacht.  It was at the time they were buying up shopping centers in the USA.

cc:  Wyndham Worldwide Media Contacts     –  http://www.wyndhamworldwide.com/news-media/media-contacts

Alyson.Johnson@wyn.com, Christine.Dasilva@wyn.com, Margo.Happer@wyn.com, merav.benedetti@wyn.com, steven.alessandrini@rci.com, lori.ford@wyn.com,

cc:  John Araby  – National Association of Injured and Disabled Workers

 

 

—–Original Message—–
From: Steven Acevedo <Steven.Acevedo@matrixcos.com>
To: Linda Ayres <reolinda@aol.com>
Cc: RSLI-Stephen Buch <Stephen.Buch@rsli.com>
Sent: Fri, Oct 3, 2014 7:57 am
Subject: RE: Linda Ayres REINSTATEMENT OF LTD Status of Money?? Policy LTD 121329 Claim 2012 11 13 0149 LTD 01 N

Hello Linda,

 

I’ve received your request and forwarded to our recalculation department for review.  Please note that we would need an actual award notice / termination notice from your workers’ compensation carrier indicating you are no longer receiving the $649.41 / wk.  As it stands it appears that you continue to receive the $649.41 / wk (2,814.11 per month) and that offset would still apply.  Once the overpayment is recovered, you would only be entitled to the $100 per month minimum benefit unless a termination of benefit notice is received on the workers’ compensation carriers’ letterhead.

 

 

Steven Acevedo

Integrated Claims Examiner

 

 

Phone: 877-315-9838 ext. 40235

Fax:      914-784-0025

Email:  Steven.Acevedo@matrixcos.com

Web:    www.matrixcos.com

 

NOTICE:  CONFIDENTIALITY AND PROPRIETARY INFORMATION NOTICE: This email, including  attachments, is covered by the Electronic Communications Privacy Act (18 U.S.C. 2510-2521) and contains confidential information belonging to the sender which may be legally privileged.  The information is intended only for the use of the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance of the contents of this information is strictly prohibited.  If you have received this electronic transmission in error, please immediately notify the sender by return e-mail and delete this message from your computer or arrange for the return of any transmitted information.

From: Linda Ayres [mailto:reolinda@aol.com]
Sent: Friday, October 03, 2014 10:06 AM
To: Steven Acevedo
Cc: RSLI-Stephen Buch; REOLINDA@AOL.COM
Subject: Fwd: Linda Ayres REINSTATEMENT OF LTD Status of Money?? Policy LTD 121329 Claim 2012 11 13 0149 LTD 01 N

 

Hi Steve and Steve….

 

Any chance you can update me on the status of the reinstatement of my LTD $1800/month today. Panic is not a good mode for my brain functions.

 

FROM CNA/FRED SACHS:  9/23/14:    Linda,   Per your request below are the periods we have paid temporary disability.  In response to your question regarding reserves, we do not discuss the reserves placed on a file with the injured worker or their legal representation if represented.   1-9-2012 to 4-15-2012 temporary disability at rate of $652.15 per week 2-15-2013 to 5-8-2014 temporary disability at rate of $649.41 per week   Reimbursed EDD for period of 1-28-2012 to 3-4-2013 for a total of $31,400    Fred Sachs, CRIS MCU WC Claim Specialist 714-674-5886 FAX: 714-256-7630

 

 

Till then, I have bills due now.

 

Thanks much.  I need to know so I can plan.  (I’m looking for Steve A’s phone number and will follow up with phone call when I find it.  Plllllllease advise. Thanks.

 

Sincerely,

Linda Ayres, IN Pro Per

760 368 5243

REOLINDA@AOL.COM

 

 

—–Original Message—–
From: Linda Ayres <reolinda@aol.com>
To: steven.acevedo <steven.acevedo@matrixcos.com>
Cc: Stephen.Buch <Stephen.Buch@rsli.com>; reolinda <reolinda@aol.com>; wynlinda <wynlinda@gmail.com>; lindaayres <lindaayres@aol.com>
Sent: Tue, Sep 30, 2014 7:22 am
Subject: Linda Ayres REINSTATEMENT OF LTD Status of Money?? Policy LTD 121329 Claim 2012 11 13 0149 LTD 01 N

Hi Steve and Steve…

 

Do we have any word on the status of my $1800 a month, based on the info below?  Bills are do again and I’ve been “holding on” with a hard-core “extend and pretend” strategy since July.  I am reaching the panic point again, or went over the edge upon early termination of SCRIPPS care.

 

 

Could you kindly let me know when my LTD benefits will resume, and if there is any retroactive money coming to me, and when.  If it’s NOT cominig, or there’s an issue, please just let me know.  I will be in touch with Advocator to get additional records to them.  If they do their job and help me get Social Security approval, I can rest a bit and get treatment subsidized by the State or the Military, whoever is behind the program I just found.  Link below.

 

 

 

Bills are due tomorrow.  If I know funds are  coming, I can enroll in the Coastline Brain Injury program that starts October 20, 2014 (for 1-2 years) and could live frugally and get cognitive rehabilitation if I can count on that $1,800, and they I will fight like hell with CNA after sufficient rehabilitation, in a year or two.   They apparently have no intentions of reimbursing my $27K spent for medical care they refused to provide, and they figure the State of California negotiated away my rights and gave them a fat $20K profit, so too bad how sad for me…. Call the Department of Insurance and register another complaint.   D’oh.

 

I need to know what the status of my money is,amounts and when.

 

I see Dr. Hilda this morning, it would be great if I had a clue about the Matrix/Reliance before my 10:30 appointment with her.  She knows I am seeing one of your doctors October 27 for further evaluations. It’s marked on my calendar.

 

 

Also, I need to know because I am trying to get accepted into a one-to-two year brain injury treatment program, with or without CNA.  There’s no reason for me to believe they will do right now, as they have done such wrong all along, and they interrupted the SCRIPPS Brain Rehabilitation Program.  It’s on appeal, and word is expected by the end of the week, on an expedited basis.

 

(I got a call “from Chicago”   :/   that suggested I had mis-directed my recent complaints of FRAUD, and suggesting that I make nice with the adjuster and be a little more patient….   0.0

 

So I tried it again….with a short sweet polite plea for help to get into the Coastline Community College Acquired Brain Injury Program, a 1-2 year plan, that starts October 20, 2014, and would require that I relocate, or at least having lodging for 5 days a week till I get relocated. Fred said he couldn’t authorize it, but he can submit it if one of my doctors requests it…. My goal is to have two of my doctor request it, and at Coastline, they encouraged me to get “as much of SCRIPPS that I can” before coming to them.

 

Here’s the link: http://www.coastline.edu/students/students-with-disabilities/acquired-brain-injury/

 

 

Thanks Steve and Steve…….

Linda Ayres
reolinda@aol.com

 

—–Original Message—–
From: Linda Ayres <reolinda@aol.com>
To: Stephen Buch <Stephen.Buch@rsli.com>
Cc: steven.acevedo <steven.acevedo@matrixcos.com>
Sent: Tue, Sep 23, 2014 1:07 pm
Subject: Re: Fw: Linda Ayres vs. Wyndham Worldwide et al Policy LTD 121329 Claim 2012 11 13 0149 LTD 01 N

Thanks Steve and Steve!!!!

Please let me know bottom line Asap.

I am working on not only Return to Work (against doctor opinions) but only a Proposal for Settlement.

Failing that, it will be full on fighting…

Wish me luck!!!!!

Worst case scenario seems to be I try to return to work and fail, and keeep moving forward. I assured them I am NOT going to Foodbanks so they can collect big checks over my injured body.

I hope its nearly over.

Many thanks to you both for all kindness nd patience.

Cheers,
Linda Ayres, In Pro Per

All nuclear reactors leak all of the time.
“Start with the Science.”

We are the Media Now.

From: “Stephen Buch” <Stephen.Buch@rsli.com>

Date: Tue, 23 Sep 2014 15:34:47 -0400

To: <reolinda@aol.com>

Cc: <steven.acevedo@matrixcos.com>

Subject: Re: Fw: Linda Ayres vs. Wyndham Worldwide et al Policy LTD 121329 Claim 2012 11 13 0149 LTD 01 N

 

Hi Linda,

 

Steven Acevedo would be the examiner handling this. I’ll forward this email as well as the other to him.

Kind Regards,

 

Steve Buch

WOP/AO Claims Examiner

2001 Market Street
Suite 1500
Philadelphia, PA 19103-7090

Work: (800) 351-7500 ext. 3908

Fax: (267) 256-3535

>>> “Linda Ayres” <reolinda@aol.com> 9/23/2014 3:18 PM >>>
Hi Steve,

Based on CNA statement of what they paid, can you now reinstate my LTD benefits and if so, how sooon??

Please let me know as soon as you can.

I may get to do a trial Return to Work soon…and I need to do the math.

Thanks a bunch.

Linda Ayres, In Pro Per

PS Just had a pretty good meeting with Wyndham HOUR regional Manager and Director.

——Original Message——
From: Sachs,Fred
To: Linda Ayres
Cc: Stewart Reubens
Cc: Stephen Buch
Cc: Sachs,Fred
Subject: RE: Linda Ayres vs. Wyndham Worldwide et al Policy LTD 121329 Claim 2012 11 13 0149 LTD 01 N
Sent: Sep 23, 2014 11:11 AM

Linda,   Per your request below are the periods we have paid temporary disability.  In response to your question regarding reserves, we do not discuss the reserves placed on a file with the injured worker or their legal representation if represented.   1-9-2012 to 4-15-2012 temporary disability at rate of $652.15 per week 2-15-2013 to 5-8-2014 temporary disability at rate of $649.41 per week   Reimbursed EDD for period of 1-28-2012 to 3-4-2013 for a total of $31,400    Fred Sachs, CRIS MCU WC Claim Specialist 714-674-5886 FAX: 714-256-7630
From: Linda Ayres [mailto:reolinda@aol.com] Sent: Thursday, September 18, 2014 2:32 PM

To: Sachs,Fred Cc: Tina R Jordan; Stewart Reubens; Stephen Buch; Linda Ayres; Linda Ayres; MBX – WVO Center Subject: Fw: Linda Ayres vs. Wyndham Worldwide et al Policy LTD 121329 Claim 2012 11 13 0149 LTD 01 N

Hi Fred, Below is an e-thread with LTD provider regarding income. They need to know if you will be resuming TTD retroactive or the actual dates paid and stopped. I will let Steve Buch know thaat Scripps was terminated but not completed, and is on apppeal and that discharge records are anticipated next week. By the way, what is the reserve on my claim? I don’t have the marbles to sort out the TTD money stuff on top of all else. I am in full survival mode and will be working on that “Proposal for ReSolution” for you and Stewart plus accommodations and interactive process. As you check on the TTD money and calculations, this reference to the letter from Daniel Elliott may shed some light. “And I found a letter from CNA dated 4/21/2014 indicating “Payment for temporary disability is resuming and sent separately for the period starting 02/14/2014 through 4/24/2014 and will continue until you are able to return to work or your medical condition becomes permanent and stationary.  Your weekly compensation rate is $649.41 based on your earnings of $1 per week…..”    (His calculations are aopparently purposely off and were off-set by EDD for the period they did pay.  )….” If you could put

All nuclear reactors leak all of the time.
“Start with the Science.”

We are the Media Now.

This message has been scanned for viruses and
dangerous content by MailScanner, and is
believed to be clean.

 

Wyndham’s WorkComp Program Is Described as Simply A ‘Circle Jerk’ condoned as ‘Corporate Policy’? EWWWWWW

To:  Tina Jordan,   Regional HR Director – Southern California  Wyndham Vacation Ownership

Michael Dougherty, Director, Risk Management at Wyndham Worldwide

cc:    Supplemental Stakeholders, including Shauna Chiappella, Senior Trial Attorney at CNA Insurance (thanks for viewing my profile on LinkedIn)

In response to Tina’s email of this morning, please note that Mediation proposed last year may be possible this year with HON. STEVEN SIEMERS, Retired WCJ of Oakland. Awaiting word.   The big question is:  DO THEY WANT TO SETTLE THE CASE OR ?????

Your email is quite hope dashing, as it indicates just more of the same abuse that I have experienced since the date of injury.

WorkCompLinda Twitter

Tina, please tell how you misinterpret the following statement to mean I still held any hope of returning to work tomorrow:

“Let’s aim for 12/14/15 return to work, and please send me a job description to go with those accommodations forms you want filled out…. remember, there’s been no medical care, so wishin and hopin isn’t going to bring about changes.”   The full email is below again for your convenience.

I am supposed to return to Coastline Acquired Brain Injury program in Newport Beach tomorrow, not Wyndham Worldwide – Palm Springs or Indio.  I may have to reinstate a GoFundMe efforts in order to make that happen now, or just stay home.  Remember, Social Security Administration is investigating the CNA allegations of monies paid to Injured Worker that were not received by the Injured Worker according to everybody’s records but CNA’s. That event may involve the State Controller and hopefully, finally, other authorities.   It’s too complicated for me to sort out, so I have handed my files over and the experts can sort it out.  The false or mis-statements statements by CNA have caused SSA extreme excess work to determine monies due to me for retroactive social security disability.  False statements by Grancell have made it into the EDD records, all worthy of further investigations.

We’ll keep the aim on RETURN TO WORK FOR DECEMBER 2015, through the authorized extended leave through 12/14/15.

wpid-wp-1416110514793.jpeg

The apparent trickery and chicanery of your very polite letter below mis-stating the current status is very upsetting to me, and further illustrates nothing but more Wyndham bad faith to me.  I received a similarly high-fructose email from Stewart on Friday…. filled with empty words.

It’s really quite the “circle jerk” isn’t it, and the circle includes more and more professionals every month.

Evacuation Plan

Maybe you are too stressed with all the horrible events that have been happening at Wyndham -Southern California— what with spouses of managers committing suicide, another manager being arrested for…killing his wife?! then running off to a CABO timeshare???!!!!— and strokes and general discontent and fear and loathing on the sales floors?  I’m hoping that the good people at ProPublica will add Wyndham’s WorkComp program to their series on The Demolition of Workers Compensation.  You and Michael Dougherty have certainly helped Wyndham Worldwide to earn a place in their series.

 

TBI END THE SILENCE

If there is anything I can do to help make it easier for you to help me, please let me know.  I would imagine you have a swath of injured workers, like me, also unprotected from the CNA WorkComp Carrier and it’s defense teams.

My apologies that the email of Friday below was so complex and confusing to you, Tina.  We don’t have enough ducks lined up for return to work yet—a primary treating doctor, for starters, and the non-response from all stakeholders for weeks missed some deadlines.   There are more issues in the email, and earlier ones you promised to respond to, but have not yet done so.

stupid no stupid people beyond this point

Stewart says it’s not his job and neither Fred nor I have been able to find a local doctor with brain injury expertise that accepts work comp insurance since December 2014, when the Orthopedic Surgeon gave up due to apparent threats of termination of referrals, and insistence that he change the well documented right shoulder injury to “non-industrial”  after an MRI was authorized, finding severe tearing, and treatment with acupuncture was also authorized, ‘for the right shoulder only’ in late 2014.  He firmed it up in his final December 2014 report, contrary to medical evidence in his possession, at, apparently, the threat of economic consequences to his office.   Grancell has their own reports regarding that “body part” too. clearly identified in the Crowe-Paradis report of November 2012, when they attempted to “settle” for $100,000 less attorney fees….. and there’s more …dubious activities with intent to deny medical care.  These issues will impact mediation, imho.

But, thanks for sending the forms.  We’ll keep those forms handy for return to work still estimated on or about 12/14/15.

If you read the earlier email again, either here or on the web, you will see that I advised that I return to Coastline Acquired Brain Injury program tomorrow, 8/24/15, in Newport Beach since our collective efforts to find a primary treating doctor, organize mediation and trial return to work also failed again.

I made it clear to Stewart and the potential mediator that 8/24/15 was a serious deadline for either return to work or return to Coastline.  Neither considered that and therefore mediation was aborted. They also made sure that my right to be seen by the Judge on this Petition for Order to Compel the ENT evaluation was delayed another many weeks.  That’s not neutral, at all.  Had their been disclosures by both parties that 8/24/15 was an impossiblity (although allegedly mediation takes a day, and cuts through Court delays, and we resumed the conversation regarding mediation in late June, I believe)

Your silence made the final decision, combined with the fact that there is no doctor to return me to work yet.  Stewart says it’s not his job, and Fred and I have also failed to find someone.  (Fred sent me the same ol’ defunct list that Daniel sent in 2012…. of doctors that haven’t accepted work comp patients for years; mercy, when will CNA update that bogus MPN list?)

As the unpaid leave was extended through December 14, 2015, that apparently gives us time to find a doctor, go to Court, file complaints, allow SSA time for their investigations, initiated interactive process and identify accommodations and  then see where we end up.

If neutral mediation is possible, great; if there is no intention to settle, no surprise.  Nothing changes when nothing changes.

Have a great week.

Sincerely,

Linda Ayres, In Pro Per

lindaayres@aol.com

wynlinda@gmail.com

workcomplinda@gmail.com

LINKED IN RANKINGS 8 23 2015 104PM PDT
—–Original Message—–
From: Jordan, Tina R <Tina.Jordan@wyn.com>
To: lindaayres <lindaayres@gmail.com>; Linda Ayres <reolinda@aol.com>
Sent: Sun, Aug 23, 2015 8:17 am
Subject: Request to return to work

Dear Linda,

We have received your emails expressing your interest in returning to work next week.  As part of our ongoing interactive process and to allow us to determine your ability to return to work at this time, we need you to please provide the attached job description and medical release forms to a health care provider(s) who can verify your ability to perform the essential job functions of the sales representative job, with or without accommodation.  If you require any accommodations, we ask that you please work with your health care provider(s) to complete the attached accommodation request form.

We also wanted to let you know that we are still open to participating in a mediation to resolve your workers’ compensation claims and any related issues.  We will be providing some names of proposed mediators and are open to further suggestions from you.

Please let me know if you have any questions.

Sincerely,

Tina Jordan

Regional HR Director – Southern California

 

Wyndham Vacation Ownership

7610 Hazard Center Drive Ste. 301

San Diego, CA 92108

Cell: 702-569-4294

Office:  619-209-5322

Email: Tina.jordan@wyn.com

—–Original Message—–
From: lindaayres <lindaayres@aol.com>
To: tina.jordan <tina.jordan@wyn.com>; michael.dougherty <michael.dougherty@wyn.com>
Cc: Fred.sachs <Fred.sachs@cna.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; michael.dougherty <michael.dougherty@wyn.com>; workcomplinda <workcomplinda@gmail.com>; scott.mixon <scott.mixon@wyn.com>; wvoleavesupportcenter <wvoleavesupportcenter@wyn.com>; sreubens <sreubens@grancell-law.com>; michael.grabell <michael.grabell@propublica.org>; lindaayres <lindaayres@aol.com>; kmall <kmall@grancell-law.com>; mary.falvey <mary.falvey@wyn.com>; tina.jordan <tina.jordan@wyn.com>; sreubens <sreubens@grancell-law.com>; michael.dougherty <michael.dougherty@wyn.com>; christopher.petrosini <christopher.petrosini@wyn.com>; fred.sachs <fred.sachs@cna.com>; tara.chmiel <tara.chmiel@wyn.com>; marybeth.stolworthy <marybeth.stolworthy@wyn.com>
Sent: Fri, Aug 21, 2015 3:31 pm
Subject: Linda Ayres — doesn’t get to return to work yet, No PTP, No Medical Care, No Benefits… WTF Wyndham Alert! #CountOnMe

Dear Tina and Michael and Wyndham Leave Support:

Nobody got back to me about return to work for Monday, August 24, 2015, so I will resume Coastline Acquired Brain Injury program, as long as I can afford to.  It would be nice since you have authorized CNA to continue to churn the file through year end without audit or interention, at least, if they could advance some estimated PD funds of approximately $25K to offset costs.

As you can see from Stewart’s email below, he says:

” I am unable to locate a PTP for you. If you locate one, please let us know the name and address of the doctor and his/her willingness to accept you as a workers Compensation Patient.”

Yeah, ain’t that been the story since 1/9/12!!!  That sure is some WorkComp coverage.  Remember, Daniel Elliott couldn’t find any doctors either, I had to find them thru Cigna EAP, then through the rollodex’s of those doctors.

I got mail today from Stewart  that seemed to be rubbing it in that he somehow got the Judge to participate in the 3D – delay, denial, deceive churn deal again.  Yes, there is apparently an ENT eval scheduled for November, and Court for October. Yawn.

Let’s aim for 12/14/15 return to work, and please send me a job description to go with those accommodations forms you want filled out…. remember, there’s been no medical care, so wishin and hopin isn’t going to bring about changes.

Here’s a set of articles about TBI by AMy Zellmer of Huff Post…. her story is eearily similar to mine.  http://www.huffingtonpost.com/amy-zellmer/

Missing My Memory: Life With a Traumatic Brain Injury

Conked on the head by falling backwards on ice…. and all related cognitive issues…. She seems to be self employed so she gets medical care early; had it not been for CNA and the bogus WorkComp policy, I would have seen legit doctors, got care, and possibly been back at work that first year.  Y’all know that, but y’all keep letting CNA and Grancell harm me.  Shame on you.  Sounds like age, gender and disability discrimination, still.

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

I have been looking for a doctor, too.  I would love to return to Dr. Gilbert Jaudy of the Jaudy Treatment Center in Palm Desert, the best doctor I have seen for TBI, self-procured in 2012.  Kim threatened him to cease and desist treating (like she did to most of my doctors!) and Dr. Jaudy does not take work comp insurance.   They could have me back to work for sure, in pretty good shape, by December.  Talk to CNA, would you please.

Oh, I found another group that might help since mediation was such a bust.  You can find them on LinkedIn… John Kallas “The WorkComp Employee Assistance Program, The Alternative to Litigation, workcompeap.com”   They are in Mission Viejo and won’t work me or Stewart, they only work upon request from the employer.  Here’s the website: http://www.smartcompinsurance.com/   LOOK AT THIS, PRETTY PLEASE:  http://www.smartcompinsurance.com/injured/worker.aspx   It’s worth a try?

CNA has certainly been useless to everybody but themselves and Grancell’s law firm, huh?  Jump in Tina and Michael, let’s wrap this up?

Oh oh…. funny story I have to tell all of you.  As I was reading the EDD notes, they allege that “20% of my brain injury is from a prior brain injury”…. I have been puzzling over that since the only people who say I have a prior brain injury are Kim Mall and Stewart Reubens of Grancell, and that got 3 doctors to write it in their reports.  Thing is, there’s no medical evidence nor have I ever been treated for a brain injury before.  And Wyndham certainly didn’t hire me and put me on special projects because I had an attitude problem, or any cognitive failures.  You can certainly check with managers whom I helped with their reports, and even making new people feel welcome and oriented was always my standard behavior.  But anyhow, since Kim and Stewart make stuff up all the time, and repeat it, and it gets into records, here’s what I think is going on.

While I wrote down every time on the intake form of all the nearly 40 doctors I’ve been evaluated by in the previous accidents field:

1993 – car collision  and 2008 car collision.  Now, in 1993, I was treated by an Orthopedic Surgeon and a Chiropractor.  In 2008, I was treated by …. get ready for this, it’s almost funny…. a Hand Surgeon and a PODIATRIST.   Seriously.  Now, none of these 4 doctors ever said, suggested or treated for a brain injury, nor did they send me to any brain injury doctors.  Now, fast forward to 2012, I have been “treated” with chiropractic and acupuncture for a well diagnosed brain injury, and in 2014 I got a few speech therapy and occupational therapy sessions.  In 2012 I got a few sessions (thanks to EAP!) with a clinical psychologist and in 2014, Dr. Hilda, a brain injury expert, agreed to treat me, but Kim Mall wanted more evaluations to go with it.  Boy oh Boy, Dr. Hilda know’s her brain stuff and helped me see just how …. hopeless recovery is since I didn’t get early treatment.

Don’t you think it’s odd that the deception by Kim Mall and Stewart Reubens about a prior brain injury made it to the QME/AME reports, suggesting “20 %” of my current issues are based on previous brain injury?   I still think it smacks of “felony fraud’ but what I know, I have a head injury, huh?

I only noticed the EDD remarks because there is great confusion at the government agencies about just how much CNA paid in disability benefits.  While they say they paid 104 weeks, they really paid the injured worker (me) approximately 64 weeks by May 2014, then a bit more.   There’s confusion as to the total amount the paid to me….whether they should have paid (104 weeks x $649.41 or 652.15) which would have been $67,538.64 or $67,823.60.  The subsequent 52 weeks of EDD that should have followed (but CNA apparently “always” (per Daniel Elliott) costs shifts to the State and refused to pay TTD, so the State pays it, and if CNA has to pay it back, it gets highly discount; highly complicated)  Anyhow, had the law been honored, EDD would have paid in the 3rd set of 52 weeks approximatley $1928/mo, or $23,136.     Now, EDD paid ME it looks like $47922.00 (but earlier records said $49k, but they might be holding out for a lien of $1,500)    EDD records that talk about “80% of the brain injury being industrial” indicate CNA paid ME $47,252.31 and paid EDD $31,400 (Kim Mall apparently negotiated that deal with them).  A Judge said the difference was not my money, so the Taxpayers took a hit on that CNA profit.  But, from the sheets Fred Sachs sent me about money then sent me, it add up to about 54 weeks, for a total of $35,106.50.  Maybe Fred and Stewart can see that I get a corrected copy?  There is also an issue that I have been allegedly receiving monthly payments of over $4,000 from CNA?  Wow, where is that money going?  It sure doesn’t come to me.   YOU know I HAD TO GET HELP FROM THE SALVATION TO KEEP MY LIGHTS ON!

CNA alleges in some of the paper work that they have paid me $42,899.12, or $82,092.04 or $87,422.04.   AS OF 7/3/13 I HAVE A STATEMENT FROM CNA THAT THEY HAD PAID ME TO DATE $22,118.00 AND BY 2/2/14 THEY HAD PAID ME A TOTAL OF $42,899.12.   SSA is working real hard to sort out the shell game.

I can hardly count since the brain injury let alone figure out a shell game.  The Social Security Administration is trying to sort it all out.  I suspect the State Controller will need to be involved – again.

Hey, good news, ProPublic Chairman Paul Steiger actually looked at my LinkedIn profile today.  (Blushing!)  Or someone from his office.  I sent an inmail suggesting further exploration of the Wyndham WorkComp fiasco, of which my story is not at all unusual.  I also also told him I intend to nominate MIchael Grabell, ProPublica Investigative Reporter who did The Demolition of Workers Compensation series — I plan to nominate Michael for the WorkCompCentral CompLaude Awards (You may recall, last year, I was one of four finalists in the Injured Worker Category.)   Sorry, nobody with Wyndham, CNA or Grancell gets my nomination this year; maybe next year in a ‘vastly improved or rehabilitated WorkCompster category.)   BTW, LinkedIn Profiles are soooooooooooo important and I see that most of you are pretty… how do I say, “social media illterates”….. so, maybe a position can be created for me to help Wyndham Executives.  Tina, If I may use  part of your profile as a little example?   Tina Jordan

Your contact info shows your company website as follows:  http://www3.hilton.com/en/index.html along with  http://www.hrccjobs.com/

Goodness!  Almost looks like you are moonlighting with Hilton?   You’re probably not the only Wyndham Worker with such faux pax; fix it, and you’ll be fine.   Michael Dougherty’s profile looks like he and Stewart Reubens are in hard-core collusion, worthy of federal investigations.  I laugh every time I look at it.   ROTFLMAO!   Guys, I hope you get to “share a cell!”

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.

less

January 20, 2015, Stewart was with another company when working with Michael at Wyndham Worldwide

 

Thank you for your prompt attention.

Sincerely,

Linda Ayres, IN PRO PER

WorkCompLinda@gmail.com

wynLinda@gmail.com

web version:

ASK ABOUT WORKERS COMP GRAVY TRAINS AND CORRUPTION NOW

 

—–Original Message—–
From: Linda Ayres <lindaayres@aol.com>
To: Stewart Reubens <SReubens@grancell-law.com>; Tina R Jordan <tina.jordan@wyn.com>
Cc: Fred Sachs <Fred.sachs@cna.com>; patricia.lee <patricia.lee@wyndhamworldwide.com>; Michael DOUGHERTY <michael.dougherty@wyn.com>; WorkCompLinda <workcomplinda@gmail.com>; Linda Ayres <lindaayres@aol.com>; scott.mixon <scott.mixon@wyn.com>; MBX – WVO Center <wvoleavesupportcenter@wyn.com>
Sent: Thu, Aug 13, 2015 2:02 pm
Subject: Re: Change of hearing date and Return to work 8/24/15 – Palm Springs

Stewart,

Awwww, Looks like you want to be pen pals now?

Please let me know by 330 if Dr Reichardt has been paid and if he can be the Primary Treating Doctor, effective imediately. He has, as I have told you before, brain injury experience with professional athletes.

So, you can’t find a PTP that takes work comp insurance with Brain Injury expertise nor can I.

Who can release me to trial return to work then? An ENT? We have hearing aid doctors in my rural town. Will a note of trial release to work be satisfied by such a doctor? Please let me know and I’ll see if I can get an appointment. How about a chiropractor note? A chiropractor was the first doctor to schedule me out.

If fred has paid Dr Reichardt past due bills of more than $2.000, he might do it. He has served as a QME…. He did tell me he would be willing to be my PTP. Shall I ask him today? I have an appointment at 330?

If you can approve him, then have Tina send the forms necessary for return to work, or if a note will do,,. We can aim for August 24th since I obviously cannot return to Coastline without your help?

The only accommodation I will request is the Palm Springs office after trAining and a lumbar support chair, like they provide at Coastline for those of us with Orthopedic issues and Brain Injuries.

I hope Dr Reichardt is still willing and if so, if he might be willing to authoriize a trial return to work despite medical evidence to the contrary. He is a very optimistic doctor, and could probably teach Tony Robbins a thing or two! 🙂

When is the next local Wyndham training?

I can adjust start date to accommodate. Like if its next week or early Sept too. As I told you, I’m not going to the Salvation Army to keep my utilities and home again. Ever.

I will also check with some of the LinkedIn litigation and brain injury groups and ask for support, describing briefly how CNA has had no one for over 3.5 years and just can’t find one now either so CNA, by counsel suggestion, hopes to rely on an Ear Nose and Throat doctor…as perhaps better than an An Orthopedic surgeon for managing brain injury issues.

Churn churn Churn….

Your recollection and assessments are incorrect.

This is not the first incident of WCAB favoring Defense. It goes to Kim…..in apparent collusion with the I and A officer, giving the Judges incomplete info in order to set the Judges up, too. Tsk tsk tsk. What a web.

Its amazing what y’all can get away with, isn’t it?

WCAB denied my ADA accommodations request about ths Order to Compel, then I screamed and they approved it, changed the date, then cancelled the hearing in your favor denying me due process…again. A pattern and practice of WCAB Riverside. My DOJ complints are being updated to reflect this new act of ADA violations and request for further investigations. I have yet to be heard in over 3.5 years by a Judge re my right to medical care. Surely some decent political rep may find that at least –odd if not alarming.

Ms. Snyder’s failure to disclose her conflict of dates to commence mediation, in light of my clearly expressed timeline/deadline was the issue. Her act seems quite self-serving and un-neutral.
I apologize to you for believing I had found someone we could both work with. I understand her crowd is defense based but I believed she could be neutral. Apparently, I was wrong.

I’m in timeshare sales, I value vacations for others also. I despise peeps who live by harming others “profits before lives”…… Had she disclosed she could not meet the 8/24/15 deadline, you and I could have made a decision. Sounds like you and she decided without me. That’s not neutral.

There are two Judges that may be willing to mediate….I think it is Judge Vittoe and the other one Snyder mentioned in Newport Beach.

I will put out another request for another mediator list via LinkedIn, describing the difficulties we are having find a neutral party. I found an association of mediators on LinkedIn.

I’ll just keep blogging..I want help David find some decent people to acknowledge at the WorkComp Laude event. No easy task and he shouldn’t have to do it alone.

Later,
Linda Ayres, In Pro Per

InjuredWorkersUniting;
Silent No More

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

Date: Thu, 13 Aug 2015 20:00:52 +0000

To: lindaayres@aol.com‘< lindaayres@aol.com>

Cc: CNA ClaimPlus – Fred Sachs< Fred.Sachs@cna.com>; WorkCompLinda< workcomplinda@gmail.com>

Subject: RE: Change of hearing date

Dear Ms. Ayres,

 

It is a routine courtesy to grant a continuance due to a pre-scheduled  event. I recall the court likewise accommodated your schedule the last time we had the case set for a hearing.

 

My understanding as to why you didn’t want to use this mediator despite her being your first choice is because she didn’t tell you ahead of time about a pre-scheduled vacation.

Unfortunately, there aren’t many Workers Compensation Mediators with any mediation training in California.  So, I am out of suggestions at this point.

The individual you suggested last year is located in Northern California and isn’t geographically appropriate

 

I am unable to locate a PTP for you. If you locate one, please let us know the name and address of the doctor and his/her willingness to accept you as a workers Compensation Patient.

 

Very Truly Yours

 

Stewart Reubens

 

From: Linda Ayres [mailto:lindaayres@aol.com]
Sent: Thursday, August 13, 2015 11:57 AM
To: Stewart Reubens
Cc: CNA ClaimPlus – Fred Sachs; michael.dougherty@wyn.com; patricia.lee@wyndhamworldwide.com; Tina R Jordan; WorkCompLinda; Linda Ayres; michael.grabell@propublica.com
Subject: Re: Change of hearing date

 

Hi Stewart,

More favoritism by WCAB toward the Defense? My My. What a tangled web Grancell weaves!

And how do you suggest we proceed in light of current issues?

Do you want to try again to find a NEUTRAL mediator or what?

What do you intend to do about finding a PTP with TBI expertise to line up the rest of the required evaluations, etc?

You know how to reach me.

Sincerely
Linda Ayres In Pro Per

InjuredWorkersUniting;
Silent No More

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

Date: Thu, 13 Aug 2015 17:10:50 +0000

To: Linda Ayres (lindaayres@aol.com)<lindaayres@aol.com>

Subject: Change of hearing date

 

Dear Ms. Ayres,

 

The hearing date at the Workers Compensation Appeals Board will be changed from 8/25 to October 8 th at 1:30pm

 

Thank you.

 

 

Capture WYN COUNT ON ME PROGRAM

WorkCompsters – #DNN List – Are you on the “A” list?

Who has been Naughty or Nice in the Mega Billion Dollar “PROFITS BEFORE LIVES” #WorkComp Industries?   David DePaolo, you take the NICE LIST, Injured Workers will deal with the NAUGHTY LIST.   “Let’s get right to it!”   (Poll included below; voting practice!)

As you know, the fabulous #WorkCompCentral annual #CompLaude Awards is coming up, and their team is counting on YOU to discover and nominate some of the best of the best in the field of Workers Compensation.

CompLaude 2015 Nominees
https://www.workcompcentral.com/gala-voting

flag distress signal

This year, it is a national event, with, we hear, a touch of international flair with a keynote speaker.  Perhaps next year the Awards Nominations will expand even future, to including all nations.  For those in the industry who may be challenged to understand the meaning ofon or before August 31, 2015 (as was the case in a recently aborted mediation effort) what it means is NOT AFTER AUGUST 31, 2015.

KISS! Here’s the link to the Nomination site; make your nominations on or before August 31,2015.    PARTICIPATE.  FIND THE GOOD PEEPS IN WORKCOMP, NOMINATE THEM, ACKNOWLEDGE THEM, AND STRENGTHEN THEIR HANDS.   My PUBLIC Acknowledgement list follows soon to confirm that yes, I have met some fine, decent people in my fight to survive WorkComp Terrorism and Chicanery as an Injured, now Permanently Disabled Older American Female Worker since 1/9/12….from that, nominations will be submitted to the WorkCompCentral team BY OR BEFORE AUGUST 31, 2015.

 

SMALL ACTIONS BIG CHANGE

In WorkComp, as is Life, identification of problems is a first step in establishing solutions.

 

In addition to the ‘problems” identified in the InjuredWorkerBlog,  #IWblog, ASK ABOUT WORKERS COMP GRAVY TRAINS, another way of looking at the content might be as a suggestion to ASK ABOUT WORKERS COMP CORRUPTION AND SKULLDUGGERY.  In more than 3.5 years, no agency or institution or law firm or organization has been found to be qualified, able and willing step up to the plate and cause resolution and settlement of the tragic handling of California Workers Case, Linda Ayres Vs. Wyndham Worldwide, ADJ8181903.   So it is.

 

Capture WYN COUNT ON ME PROGRAM

Since there are unlikely to be any investigations of the deviant handling and skulduggery involved in this case by the District Attorney, the FBI, the Department of Justice, the Department of Insurance, the Department of Labor— best possible next action seems to be to just create a DNN LIST — DO NOT NOMINATE — for CompLaude Awards, Best Companies, Best this or That—-pending further investigations by an organization such as ProPublic and NPR, the facilitators of THE DEMOLITION OF WORKERS COMPENSATION.

Demolition of Workers' Comp

 

skullduggery awards
http://www.merriam-webster.com/dictionary/skulduggery

Watch for the #WorkComp #DNN List …. coming soon:

Categories:

  • Medical Comp DNN
  • Legal Comp DNN
  • Comp Bloggers DNN
  • Individual Comp DNN
  • Injured Worker Comp DNN
  • Leadership Comp DNN
  • Employer Comp DNN
  • Service Comp DNN
  • WorkComp Commissioners and Judges DNN
  • Law Enforcement Agencies DNN
  • International Recognitions DNN
  • With a special category to also include WorkCompsters- #SMFH

Skullduggery Awards further

Through a sifting/filtering process, then this Injured Worker can get right to the NOMINATIONS FOR THE 2015 WORKCOMP CENTRAL #CompLaude Awards. David DePaolo gets big kudos for creating such a valiant national effort.   I really do have several nominations to submit.    It’s been a busy month, dodging Rads, and dealing with frivolous orders to compel, and more financial chicanery and terrorism.  Watch for the DNN List…. It may  Annoy or it may Inspire and Surprise!

Thanks to Medicare and the 3.5 years of WorkComp delay, deny, deceive, I have some legitimate doctor appointments this week!  Thanks for reading and sharing.  More follows very soon!   You’ll appreciate the DNN list, too.

Oh Oh… PS…. If you have never taken a look at the  ASK ABOUT WORKERS COMP GRAVY TRAINS blog page of RESOURCES, CHECK IT OUT.  It includes some of my favorite peeps and services and providers.  It will be revised to include others.  Will you be listed on the “Naughty or Nice List”…

WorkCompLinda Twitter

 

WE ARE THE MEDIA NOW (2)

How are WorkCompsters and Hell’s Angels Different?

https://www.workcompcentral.com//events/nominations

Remember: The nomination deadline for the Awards is approaching! Nominate NOW at:

COMP LAUDE™ AWARDS & GALA

Thank you for your interest in the Comp Laude™ Awards!Embedded image permalink

Before you can make a nomination, WorkCompCentral asks that you login to their website and create an account.  Just do it.  If you have survived WorkComp, then you survive another login account and passcode.  Remember, nominations are due by 8/31/15…. and you have to name people, and write something nice about them on the nomination form.  Start thinking, thanks.

MEDICAL COMP LAUDE
LEGAL COMP LAUDE
INDIVIDUAL COMP LAUDE
INJURED WORKER COMP LAUDE
LEADERSHIP COMP LAUDE
Company Nominations:
Employer Comp Laude
Service Comp Laude
~~~~~~~~~~~~~~~~~
THINK LOCALLY * ACT GLOBALLY * OCCUPY VIRTUALLY
This has been a PSA-Public Service Message to/for/and on behalf of Injured Workers Everywhere!
WE ARE THE MEDIA NOW; BE CREATIVE!!!
LIONS SURROUND YOURSELF find the others
WE ARE THE MEDIA NOW

Why do Judges and Doctors and Mediators Show Favoritism to the Defense? Could it be—-the Money?

A Friend recently wrote this about the years I have been fighting #WorkCompsters:

“…But their 1st choice is to kick it down the road, and make your life miserable. They’ve already done that. You have quite a trail of deceit etc. to tell at court. The trouble with judges is that they come from the legal profession. I’m back to thinking that they don’t want to go to trial. Even if they get a positive determination ~ you can appeal. And they’d like you to go away….”

CHANGE OF HEARING DATE — AGAIN – CHURN BABY CHURN – ORDER TO COMPEL ENT EVAL FOR TBI!  D’OH PLUS DOCTOR SHOPPING FOR YET ANOTHER NEURO-PSYCH EVAL…. TILL YOU GET ONE TO AGREE WITH O’BRIEN?  LOL…..  He may have been off his meds, ya think?

Clueless
Last year Fred suggested I come up with a proposal for you both. I researched and worked very hard on the calculations that I sent to both of you and the number I came up with was $1.3 million, in an acceptable structured settlement format, full complete release.

If I recall, you laughed and insisted on the same number Kim offered in Nov 2012—the standard cost of life for an injured worker in lieu of medical care ala Romano Trust vs Sedgwick—$100,000.

When Steve Chapman was involved with Dan Elliott to initiate conversations on settlement in early 2014, the number taken from my pre-SCRIPPS calculations was $700k.

What I have learned about my untreated brain injuries, risk of epilepsy, dementia and shortened life span, along with inability to work and devastating cognitive impairments…is not pretty. Your clients have effectively destroyed my life.

If there had been good faith efforts to help me get medical care and these were the results, that would be one sad story that I would have to just deal with. The abuse I have been subjected to that has caused permanent and irreparable harm is another story all together.

mlk he who accepts evil

Make me an offer I can’t refuse.

I would imagine Steve Chapman could use his computers to do some “transparent calculations. I don’t like him and he doesn’t like me…but he may indeed do the right thing. Give him a call.
He won’t waste any more of his time time…He didn’t seem to think mediation would happen either.

I can be a reasonable woman, or not.

Tired of Fighting, but will fight till my last gasps, if necessary.

laughing workcompsters

Thursday, August 13, 2015 11:57 AM

Seeking Neutrality

Linked in Linda July 2015

Thu, Aug 13, 2015 11:33 am

Due to the upcoming hearing, we canceled Dr. Smith’s examination date

We will be rescheduling both appointment dates for a time after the October hearing

Thu, Aug 13, 2015 1:00 pm
RE: Change of hearing date

wyn routines

Thu, Aug 13, 2015 2:02 pm

Churn churn Churn….

…..Your recollection and assessments are incorrect.

This is not the first incident of WCAB favoring Defense. It goes [back] to Kim [in December 2012]…..in apparent collusion with the I and A officer, giving the Judges incomplete info in order to set the Judges up, too. Tsk tsk tsk. What a web.

lisa and bart the whole damn system is wrong

Its amazing what y’all can get away with, isn’t it?

WCAB denied my ADA accommodations request about this Order to Compel, then I screamed and they approved it, changed the date, then cancelled the hearing in your favor denying me due process…again. A pattern and practice of WCAB Riverside. My DOJ complaints are being updated to reflect this new act of ADA violations and request for further investigations. I have yet to be heard in over 3.5 years by a Judge re my right to medical care. [You know, that pesky little issue that’s part of the Labor Code?] Surely some decent political rep may find that at least –odd if not alarming.

flag distress signal
[The selected mediator’s] failure to disclose her conflict of dates to commence mediation, in light of my clearly expressed timeline/deadline was the issue. Her act seems quite self-serving and un-neutral.  I apologize to you for believing I had found someone we could both work with. I understand her crowd is defense based but I believed she could be neutral. Apparently, I was wrong.

[You might be right, though.  I suppose I could have responded to the September 21, 2015 proposed  date the two of you agreed on after you wasted several more weeks since mediation was proposed this year, with a concise, ‘WHAT PART OF “BY OR BEFORE AUGUST 24, 2015  or maybe next year” WAS UNCLEAR?’  

.

Was I unclear also that withdrawal of the Petition for Order to Compel and ENT evaluations for a TBI, along with excessive additional doctor shopping neuro-psych eval petition was necessary, or that the 8/25/15 date would stand for due process and my right to get in front of a Judge, and that mediation to participate in further 3D practices and file churning by Defense—is not my idea of NEUTRAL MEDIATION?  

WC Judges are Human

Lookie here what happens….  Defense Wins Again…at the expense of another Injured Worker. (It’s no wonder there’s just a small community of mediators, huh?  Just an arm of the Defense and WCAB?  Thanks Mediator and Judge Hill! )

.

Silly me, brain injury can make communication real tough, huh?  I did suggest that advance estimated PD or payment of lodging to facilitate continued participation at Coastline Acquired Brain Injury Program in Newport Beach, which commences August 24, 2015, be mediated, to no avail.]

face palm kid

I’m in timeshare sales, I value vacations for others also. I despise peeps who live by harming others “profits before lives”…… Had she disclosed she could not meet the 8/24/15 deadline, you and I could have made a decision. Sounds like you and she decided without me. That’s not neutral.

There are two Judges that may be willing to mediate….I think it is Judge [  ] and the other one [the mediator] mentioned in Newport Beach.

I will put out another request for another mediator list via LinkedIn, describing the difficulties we are having find a neutral party. I found an association of mediators on LinkedIn.

I’ll just keep blogging..I want to help David find some decent people to acknowledge at the WorkComp Laude* event. No easy task and he shouldn’t have to do it alone.

Later,
Linda Ayres, In Pro Per

FYI– SOS sent out on LinkedIn yesterday — For What It’s Worth!

“…I am unable to locate a PTP for you. If you locate one, please let us know the name and address of the doctor and his/her willingness to accept you as a workers Compensation Patient…”     Please refer to Labor Code and Constitution of the United States of America…

CAN YOU RECOMMEND A BRAIN INJURY DOC WILLING TO DEAL WITH WORKCOMPSTERS

WorkCompLinda@gmail.com says:  FIND THE GOOD PEEPS IN WORKCOMP AND

NOMINATE THEM FOR THE FOR #WorkCompCentral 2015 Comp Laude Awards

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

MAKE A DIFFERENCE!  SAVE SOME LIVES!

mlk passively accepting evil is cooperating with itmlk hitler germany

GALA

WCC Ups and Downs 2014

the time is always right MLK

WE ARE THE MEDIA NOW (2)