WorkComp STINKS

  1. MAKE IT A GREAT WEEK! Count your blessings that you can work, and that you have a job you can go to! Not everybody is so lucky, particularly anybody injured at work. It’s a brutal system….’the shower on the left or the shower on the right’ are the choices seriously injured, disabled and older workers face!
    .
    REMEMBER REMEMBER TO PUT PEOPLE BEFORE PROFITS….. It’s how the world is meant to be…..because….WE ARE THE MEDIA NOW PS #DodgeTheRads —> It’s dangerous out there!
  2. #WorkComp! #WorkCompsters? Hmph. ASK ABOUT SURVIVING WORK COMP IN YOUR STATE AND NATION, TOO. IMAGINE #CommitteesOfBloggers — Injured Workers Telling What’s Really Going on…. Here are some thoughts and resources… https://lnkd.in/bJNuZzt– and a list of posts since Summer 2013 https://lnkd.in/btH3gtS because WE ARE THE MEDIA NOW
  3. #WorkCompStinks and is verrrry slow. What if there was a statute of limitations for #WorkComp claims? If the insurance carrier does not provide enough medical care within, for example, 104 weeks, settlement becomes mandatory & return to work possible? Gov Brown…are you & Christine Baker & Ronnie Caplane and pals listening? I’ve been off work HOW LONG on the rest & wait & wait & wait programs?!!! How much money does the State lose to the insurance peeps on this one? Nevermind what it costs me, huh? Hmph. ADJ8181903. FYI. Thanks. ‘No need to thank me; it’s what I do’ Linda & Friends

    WORK COMP IS SLOWWWWWWWWWWWWWWWWWWWWWWWWWW

    1. THAT’S 3 YEARS, 9 MONTHS, 9 DAYS…… approximately 40 face to face evaluations, a swath of denials from CorVel, Maximus and in 2012, via the adjuster and defense….AND WE STILL HAVE A PENDING HEARING REGARDING AN ORDER TO COMPEL AN ENT EVALUATION ….FOR A BRAIN INJURY?!! THE ORTHOPEDIC SURGEON REPORTS ARE INSUFFICIENT, HUH?

    2. HOW ABOUT THE THE REPORTS FROM THE INTERDISCIPLINARY TEAM AT SCRIPPS, OR THE NEUROPSYCHOLOGISTS AND CLINICAL PSYCHOLOGISTS AND FUNCTIONAL NEUROLOGISTS… My goodness. If WorkComp was a legitimate business with these stats, people would lose their jobs!!!!! AMERICA AMERICA!!! HEADS UP! YOU COULD BE NEXT! NOBODY INCLUDES ‘WORKCOMP” IN A RETIREMENT PLAN!!!! The only apparent choices for an injured worker in America are ‘the shower on the left or the shower on the right’…. #WorkCompStinks! Clean it up! Thanks!

      make htings happen

    3. This video could be included in all “New Employee” Orientation packages… Defense Against the Psychopath Defense Against the Psychopath (Full length) https://www.youtube.com/watch?v=Gd6P1Ue2aGg It’s an important documentary

      SMALL ACTIONS BIG CHANGE

    4. Here’s another video for the WorkingClass… “Can you say why America is the greatest country in the world?” “The Most Honest Three Minutes In Television History” https://www.youtube.com/watch?v=ML3qYHWRIZk

      Lucy and Doctors

      doctor strike

      WC DOCTORS

      flag distress signal

      constitution  too long didnt read

      YOU STINK

    5. WHITE ROSES AND LINKED IN  5 16 2015
    6. WE ARE THE MEDIA NOW THANK YOU

“SMFH – WorkCompsters Exposed” — KISS KISS — #JustWhistle

Final Appeal to CAAA For Assistance Fighting WorkCompsters - Concussion, TBI, PTSD, WCAB and WTF

Linda Ayres

Wyndham Worldwide – Disabled by WorkCompsters

Final Appeal to CAAA For Assistance Fighting WorkCompsters – Concussion, TBI, PTSD, WCAB and WTF

.

Ladies and Gentlemen and Others of the WorkCompster Industries:

“Perseveration” is apparently a consequence of Concussion/Traumatic Brain Injury.  This post got longer than anticipated, but if you’re in the industry, or know someone who is, or if you are an InjuredWorker, take 5 minutes and peruse it, then share it with someone, even with a subject line of “SMFH – WorkCompsters Exposed”

It may come in handy down the road.  Thanks.

BACK STORY:

#InjuredWorkersUniting  #SilentNoMore  #OccupyVirtually #WATMN

Years ago, I volunteered in a goodwill effort with and for Convicts in America’s Maximum Security Penitentiaries. It was called “PRISONERS UNANIMOUS — EMBRACING ALL PLANETARY PRISONERS”  Maybe you heard of it?

Check FOIA, they probably have several CDs including my visits to penitentiaries across America, and my communications with a handful of government officials, goodwill organizers, friends and families of prisoners, and approximately 1,000 Convicts across America.

I think I was the second woman “in history” to “walk the ranges” at USP Marion Federal Penitentiary, back in the days when it was deemed ‘the worst of the worst” prisons, surpassed today by, so I hear, the likes of Pelican Bay.  It was after allegations of a “full scale Nazi-type of retaliation attack” on the entire Convict population.  I was corresponding with several of the Convicts listed in that dreadful “Public Report.”  I sent copies everywhere, including Amnesty International in Vienna, where they allegedly WATCH for human violations in the Americas.  Hmph.

The Guys and I established an “8 o’clock, local time” prayer network when they educated me about how deplorable America’s “Corrections” system is.  Now, privatized prisons are a bigger part of the “PROFITS BEFORE LIVES” industries.  Some of us still link up, no doubt.

The guys told me how bad things were, and said I was very brave.  They said the prison systems in America are very dangerous, and that I had better think long and hard about touching it.

They told me, “Lady, you better know what you’re willing to die for, because you might well be asked to do so if you get involved in attempting to facilitate change.”

They further advised, “Lady, we Convicts are not the problems in your country. We are the end result of the problems in your country.  If you want change, you have to go Washington.  That’s where the problems are.”   (There is something far more polite and respectful from a Convict calling a correspondent “Lady” than the pretentious “Ms. Ayres” used by defense and psychopaths, wouldn’t you agree?)

Those words reverberate in my head as if they were yesterday. I have never forgotten those haunting words.  As a Survivor of WorkersCompensation today, I know ever more how true they are.

IT’S A GRAVY TRAIN!

ONWARD:

#WorkCompsters have made that choice easier today.  They have already taken my life. 

Too often, Injured Workers make poor choices in efforts to retain competent legal counsel, much to the detriment of the Injured Worker.

This is often not discovered by injured workers until the 2nd, 3rd or 4th attempt to retain competent counsel.

Including THIS warning in every employee new hire packet, and every Human Resources orientation in California could save lives.

Till then, tell your friends and neighbors, and tell them to tell theirs. WorkComp Kills, without consequences to anybody but the Injured Workers and their loved ones.

Many Injured Workers have even sought the help of ACLU and NLG, to no avail.

We are, however, grateful for the organization, NAIDW.org, National Association of Injured and Disabled Workers, for the encouragement, resources and support they provide, and having been providing for many years. “No Injured Worker Left Behind” Semper Fi, Y’all!

We like a few of the industry bloggers who do their best to do their best for the highest good of all concerned.   Cognitive Dissonance seems to be kicking some butt in that arena, wouldn’t you agree?

Bravo to ProPublica for being a catalyst for discussion and possible change. Bravo to WorkCompCentral for relentless efforts at education and inciting legitimate discussions about the need for national discussion and change.

Let’s get beyond “PROFITS BEFORE LIVES”…. let’s incarcerate a few psychopaths for maiming and  killing injured workers, too, shall we?

It matters not if the killers are making $250K a year, or $10.7 million or more a year.  With proper trials first, of course.  FBI and DA and DOJ  need to better orchestrate their efforts, ya think?

Crime is Crime, and CRIME SHOULD NOT PAY IN AMERICA.

For personal assistance in my own, but common,  horrific case on non-stop abuse of a permanently disabled-by-untreated-brain-injury-and-various-acts-of-legal-chicanery-and-file-churning, older female worker, a local crisis center sent a Marine to help me last year.  The Marine Social Worker, kind, fierce and very helpful.

MMI neuro-psychologist report recently received (and posted!)  says my future medical needs include similar support, with probability of needs for assisted living and ‘memory care’ for my shortened life span, shortened due to WorkCompsters and corruption, involving many unclean hands. Hmph, Some “Grand Bargain, California!”

Legitimate doctors in 2012 made legitimate and conservative recommendations for medical care, denied. Had treatment not been denied by the defense counsel (not doctors, just defense lawyer and adjuster for 2012, till 2013 came along for the extreme profits of CorVel to obfuscate facts with intent to deny medical care.)  return to work might have happened in 2012.

After threats from defense counsel, then PTP released me to work with accommodations, which were denied in October 2012.  Things got worse from there, without medical care.  I have been fighting to return to work for years, to no avail.

I have endured being penny-less, relying on The Salvation Army for utilities,  filing for social welfare due to carrier arrogant practice of denials of payment of TTD, “because they could” (and they were rewarded handsomely by EDD for refusing to pay in 2012/2013 and for refusing to provided medical care.  Now, SSA is involved in the charades and chicanery, and trying to sort it all out.

Is it a felony for carriers to provide SSA and EDD with false evidence of benefits paid with intent to deny SSA benefits?  Seems to be part of a set of RICO violations, wouldn’t you think?

Yet evaluations upon evaluations upon evaluations have been performed by approximately 38 doctors (ca-ching, no care, just primarily report regurgitations written  by non-medical staff, signed by doctors, paid the big bucks).

TeamCorvel includes approximately 20 more, and ol’ Maximus comes in with just one.   (There’s a full blog, with names; see the index athttps://askaboutworkerscompgravytrains.com/list-of-posts)

While we are at it, omission of medical records and obfuscation of facts seems facilitated by the silly “chronological” ordering of medical evidence, rather than by specialty, then by chronological order.   Carrier in my case gets charged by most doctors 4-8 hours for “organizing the records”…. and maybe it’s not all the signing leased doctor’s fault their non-medical staff do things like change the date of injury to a year forward, then use first year medical evidence to falsely opine “pre-existing” symptoms.  D’oh.  Number of hours spent during an evaluation are often “inflated” and far worse, totally fabricated!

The majority of Lawyers don’t seem to care.  They  shrug say ‘their hands are tied” (and “their lips are sealed?!!!”)  Others have told me “Too much fraud in your case, it’s over my head” and “Too many people didn’t do their jobs, there’s no money in it for me”….

One interviewed actually had the audacity to ask, after pages of questions had been answered, “One more question, tell me, why did you wait over 2.5 years for medical care for a brain injury?”  D’OH!   That didn’t even merit a final response, and that attorney came HIGHLY RECOMMENDED.

Here’s my story, again.  Date of witnessed slip and fall backwards on ice, resulting in Concussion/Traumatic Brain injury 1/9/12 while working for Wyndham Worldwide.

The blogs. ASK ABOUT WORKERS COMP GRAVY TRAINS, began in the Summer of 2013, and continue as the only means available to fight for my life against the widely known corruption of the national WORKERS COMPENSATION SYSTEMS.

This quote is meaningless in California’s WorkComp corruption rackets, is it not?

“Every worker in California is protected by state laws governing the right to be paid correctly, be safe at work and receive benefits if they are injured on the job,” – Christine Baker
https://www.dir.ca.gov/DIRNews/2014/2014-75.pdf

And there is no means of enforcement for the Fraud Warnings, now is there? http://www.dir.ca.gov/dwc/FraudWarningNotices/FraudWarningNotices2013.pdf

What kind of system do YOU profit by that requires someone with a brain injury to represent herself because your colleagues (4 of them) could be found guilty of ABA Ethics Violations and Incompetent Representation?

Due to your accepted CA  legislated fraud regulations, and your “2 attorney” superstitions, Injured Workers bear the brunt of the lack of expertise of your crowd/CAAA memberhips.  This also allows Defense Firms to claim the title ENEMIES OF INJURED AMERICAN WORKERS.

How many injured workers retain and dismiss multiple attorneys, as the corruption is tolerated by those retained to protect injured workers? How many injured workers in California, and in America, must represent themselves due to the failure of the ABA crowds?  Some have said that more than 15% of Injured Workers are InProPer…. probably as a last resort, not a first.

Why do your various profit centers/industries refuse to work with InProPer Injured Workers, and why do your industry leased/owned doctors seem so puzzled, baffled and perplexed by the legality of an Injured Worker self-representing? Why do the medical office staffs believe they can ONLY TAKE ORDERS from the Adjuster or Defense Firm?

IS THIS SIMPLY ANOTHER CASE OF “FOLLOW THE MONEY?”

When incompetent and worse attorneys can be allowed to be rewarded for causing harm to an injured worker, how can that be good for anybody?

If WorkComp Mill attorneys  have a “case load of 300 clients”…with wishing and hoping that somebody drops dead for some ultimate pay-off for the attorney, how does that help an injured worker get medical care, benefits, return to work and settlement?

Why do employers condone such malicious unconscionable behavior of denials of medical care, benefits, and bullying and all sort of acts of terrorism, experiments, surgeries, poisoning and worse by insurance companies? What good can a WorkComp attorney do?

I even asked a WCAB Judge for permission, as stated is possible on the WCAB recommended reading, to retain an attorney to consult with, on an hourly basis.

Alas, not only did the Judge tell me he would not hear the F-words in his court room, (Felony Fraud with intent to deny medically necessary treatment), he sentenced me to fighting for my life with every ounce of courage and strength and stamina I can muster, fighting organized crimes that EVERY ONE OF YOU ARE FULLY AND COMPLICITY AWARE OF.

But wait, the Team of Four don’t have all the blame.  Defense counsel says it’s all my fault.  Hmph.  He even suggested I consider a Court Appointed Conservator since I am having such difficulty maneuvering the WorkComp system, with denials of medical care, fraudulent reports, unresponsive law enforcement and more.  The Carrier’s Fraud Department called, as most of you know, last Fall and made it very clear he did not care one iota that I had not received medically necessary and recommended care, and the conversation concluded when he said, “So, tell me Linda, when ARE you going to die?”

Some things I read on LinkedIn indicated the Employers are responsible for the bullying and terrorism of their vendors. Wyndham Worldwide was immediately apprised of the horrific bad faith and breach of fiduciary responsibility, and outright disgustingly mean thing to say. ( Intent of the caller? A “medicated worker” might have been compelled to irreversible action by such ‘poor customer service’, wouldn’t you agree? )

How many members of your CAAA organizations have been approached, recommended, took time to evaluate the merit and financial possibilities of helping THIS injured worker?  You know my name now.  I have spoken with many of you.  Your declines to help have most always been cordial, except when they weren’t.  Just so y’all know, A BRAIN INJURY IS NOT THE SAME AS A BROKEN FINGER, NOR IS THE TREATMENT THE SAME.

Watch the upcoming movie “Concussion” and then ask yourself and your partners how legitimate could it be for an insurance carrier to refuse to pay TTD, provide medical care, and embark on a mission of terrorism and destruction to an injured worker, coincidentally, UPON DIAGNOSIS OF BRAIN INJURY.

The Defense Firm treats me like they pretend to have  I & A Officers and  Judges in their pockets, as my ADA rights are consistently violated at WCAB-Riverside, and my Civil Rights.

Think about how many of YOUR clients have been sent to merely Orthopedic Surgeons or Chiropractors for TRAUMATIC BRAIN INJURY?  See the current list of names all the 40 doctors I had been sent to, and all the CorVel and Maximus “physician advisors” and team members.  In the olden days, they might have all been called, “Sonderkommando”….   Don’t get me wrong, there are a few good doctors in that list of 40, and they will be nominated in the upcoming CompLaude Awards.  The others will be nominated to the naughty list for possible inclusion in the ProPublica national efforts.

MY EMPLOYER DOES NOT CARE.  DOES YOURS? DO YOU?

I have many of your polite Non-Engagement Letters and I am weary of bothering with your ilk.  You are as much a part of the WorkComp problems as are the criminal doctors and lawyers.  Perhaps Sophie Scholl is kinder in her description of your ilk:

So, if you are willing to discuss courageous representation of THIS INJURED WORKER, Case ADJ818190, Linda Ayres Vs. Wyndham Worldwide et al, please let me know at your earliest convenience.

I can be reached at WorkCompLinda@gmail.com or phone 760 368 7236.  If I don’t answer, please leave a message. “I AM INJURED, NOT STUPID!”  I do have auditory and visual processing impairments (untreated, of course).  I prefer electronic mail as an ADA accommodation (that defense continuously disregards, while apparently perjuring with proofs of service to cause significant delays and further harm).

The forensic psych AME suggested that if I have Human Rights Violations Complaints that I “take it to The Hague”…..  Well, maybe that was only reasonable thing he had to say.

That’s a “Fukushima Rose”…. (3.11.11)

Read “The First Leaflet” then commence Blogging!  America needs a fresh #CommitteeOfBloggers, wouldn’t you agree?

“Do Not Walk Quietly In This OPEN AIR AUSCHWITZ!”

“….Highest Recorded #Radioactive City in #America this week”

“A new and unfamiliar Leader this week in the race for the Most Radioactive Weather in America is Ft Wayne, Indiana with 1,326 CPM. Congratulations to Ft Wayne, IN as the Most Radioactive City in America this week.Other competing cities for the title were not even close…..”    Your Radiation This Week No 20

Have a wonderful radioactive weekend and remember to Dodge the Rads, it’s dangerous out there!

#WATMN  #WorkCompsters #InjuredWorkersUniting #SilentNoMore #JustWhistle

WE ARE THE MEDIA NOW  

Why Must Injured Workers Create a #CommitteeOfBloggers?

Because WE ARE THE MEDIA NOW.   Ask Amazon Employees.  They know What Time It Its.

WHERE DID THEY COME FROM WHO CARES ABOUT INJURED WORKERS

https://askaboutworkerscompgravytrains.com/2014/annual-report/

TBI END THE SILENCE

LIST OF ASK ABOUT WORKERS COMP CORRUPTION AND GRAVY TRAINS NOW

WE ARE THE MEDIA NOW
WE ARE THE MEDIA NOW

INJURED WORKER RESOURCES …… ADD TO IT! WE ARE THE MEDIA NOW

IMG_0858-0

WE ARE THE MEDIA NOW. CARRY ON AND ON AND ON.

MEMORY CRISIS? What’s the Excuse at #WorkComp for LOEF?

“At best, all I can say is that I think there’s a huge impending issue that we’re not ready to address.”

Well, all I can say is, “People Get Ready, there’s a train a comin….” ASK ABOUT WORKERS COMP GRAVY TRAINS NOW???

Great blog, David, as usual!

David DePaolo  The Memory Crisis  REMEMBER REMEMBER

[*LOEF = LOSS OF EXECUTIVE FUNCTION ]

Read entire article here:  http://daviddepaolo.blogspot.com/2015/01/the-memory-crisis.html

David Depaolo on Memory  1 30 2015

Read entire article here: http://daviddepaolo.blogspot.com/2015/01/the-memory-crisis.html

Then read on to see what LUCY OCCUPY SAID….and found….

wpid-wp-1416110643811.jpeg

Here’s the deal on #WorkComp and “Memory” and “Dementia” and “Brain Injury” ETC. It’s sheer corruption! It’s too brutal to be simply stupidity. IE:

Diagnosis: 854 Closed head injury, 784 Headaches, 310.2 Post concussive syndrome, 850.1 Concussion with brief loss of consciousness, 850.9 Head Concussion, 309.81 PTSD, 310.2 Post concussive syndrome, 780.93 Closed Head Injury with amnesia, 921.00 Contusion (left orbit), 750.90 Concussion, 959.01 Head Trauma, 959.01 Cognitive Changes following head trauma, 850.0 Concussion, 959.00 Head Trauma (Contusion x 2) with Impaired Memory, Speech, Balance and Vision, 850-854, 959.01 Somatic/cognitive dysfunction and emotional dysfunction, 310, 310.8, 438 Mild cognitive dysfunction, memory processing,, 850 Mild TBI positive lapse of consciousness, 310.20 Post Concussive syndrome, 309.28 Mood Disorder secondary to Post Concussive Syndrome, 959.01 Head injury, Lobe Disorders: frontal, parietal, cerebellar dysfunction, motor dysfunction, segmental dysfunctions, Closed Head Injury with Ongoing Sequelae, Psychological sequelae, possibly secondary to industrial injury, 959.01 Closed head injury with cognitive dysfunction and speech dysfunction, 784.00 post traumatic headaches, brain based vision impairments, brain-based vestibular and balance disorders + secondary to head trauma, NECK, BACK, Shoulder PAIN and related ICD-9 codes (first 2 years)

BRAIN WORK

If there really is an unwritten rule, as attested to in the InjuredWorker communities, that Carriers immediately terminate all benefits and launch guerrilla type financial terrorism upon diagnosis of brain injury, that can easily lead to ‘legal opinions’ by defense counsel that because WorkComp systems appear too complex for an injured worker, Court Appointed Conservatorship may be in order (to complete the kill?)

Immediate medical care is required for traumatic brain injury, closed head injury, concussion. MTUS recommends interdisciplinary teamwork, as does ACOEM and NIH. Ask any 7th grade kid about the brain and neuro-science!

Not #WorkComp!

Their doctors get the big bucks to recommend things like over the counter analgesics, not more than 17 chiropractic sessions first year, not more than 6 physical therapy second year, then, with Court order, a little acupuncture, rest and wait and wait and wait.

Wanna talk about increased risk exposure for dementia and premature death and epilepsy and the deal football players are getting diagnosed with?

WC DOCTORS

Throw in WorkComp doctors who are paid to change dates of injury to use earlier diagnostic reports to substantiate ‘pre-existing’ conditions (i.e. move date of injury to 2013, use 2012 records to substantiate head injury by multiple doctors)….. and…have doctors to say things like “if there was a concussion, of course medical treatment would be necessary, but there was no concussion, no brain injury, and it was probably epilepsy” would be funny if it was not so darned criminally insane, huh? Or at least ‘fraudulently felonious”.

wc CLAIM DENIED

When teams of doctors with QME/AME designations consort in such a manner at the promptings/leadings of defense counsel, there’s a breakdown, huh?

grumpy cat stupid

#InjuredWorkersUniting      #SilentNoMore

“….If you can’t work, then blog!”

In fact, maybe it’s time for Committees of InjuredWorker Bloggers  to organize panels to speak at the numerous WorkComp Conferences around the nation.  

Brain Injury AdvocatesJohn C Byler  YOU LOOK GREAT

Those folks sure know how to conference in style, don’t they!  Here’s a Speaker Proposal Deadline Looming…

WorkComp Conference  2015

See the entire conference article here:

http://www.riskandinsurance.com/speaker-proposal-deadline-looming/

Conference speaker proposals are due by February 5th, 2015.

The event will be held November 11-13 at Mandalay Bay in Las Vegas.

Speaker proposal forms are available at http://www.wcconference.com/speak.html

Roberto Ceniceros, conference chairman 208 286-1425
rceniceros@lrp.com

NAIDW TBI AWARENESSNAIDW  54 million plus

Tell Roberto and Friends  that Lucy Occupy and Friends sent you!   Thanks!  ;D

 

retweet

TWITTER STORM BREWING?  save the date— february 10, 2015 – 2pm est  #workcompchat

Find out more by clicking here!

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CWCRC
1/29/2015

Editor’s Message

Save The Date!


Today’s issue of WorkCompRecap features the exciting announcement of the first-ever workers’ comp industry Twitter chat!
A panel of industry writers, bloggers and subject matter experts (which somehow includes yours truly) will be joining subject matter experts from GENEX for a twitter-based discussion on Tuesday, February 10th at 2 p.m. ET. The conversation will cover a wide range of industry trends and topics, from managing complex claims, to regulatory issues, to big data, and beyond.Twitter users will be able to follow and participate in the conversation using the hashtag #workcompchat, and even if you don’t have a twitter account, you can still follow along by going to bit.ly/workcompchat! Follow us on Twitter here: @Work_Comp_WireFind out more by clicking here!

You can read today’s Top Stories by visiting WorkCompWire.com.

-The WorkCompWire Team

InjuredWorkersUnited SILENT NO MORE

 

CARPE DIEM, Y’ALL.

SunTzu images

 

Remember Remember:

WE ARE THE MEDIA NOW

Expect Us.  Join Us.  We do not…Forget..

Time for #WorkComp EXIT INTERVIEWS

and we are back

Why do doctors and attorneys

leave the WorkComp World?

Time for “Exit Interviews”

David DePaolo  WE ARE BACK  JAN 2015

SEE THE ENTIRE ARTICLE HERE, AND FOLLOW THAT BLOG! 
http://daviddepaolo.blogspot.com/2015/01/were-back.html

Welcome back, David DePaolo! Wow! The CompLaude Awards was great also, thank you for doing it! And for all you and your staff do! My calendar is marked for Dec 5, 2015, and I’m making my list of nominees…and will keep a close eye on those who might be better served on a list to the Attorney General.

Nominations for Comp Laude Categories

workcompcentral WORD ON THE INDUSTRY

https://ww3.workcompcentral.com/images/complaudepics/WCC_Year_End_Report_Final.pdf

CompLaude 2015

https://ww3.workcompcentral.com/gala

“My life had business relationship challenges too, but thankfully no relations with criminals, though I was stalked a couple of times by some injured workers (and not exactly sure why).”    BUMMER!!!

!!!!! That’s awful! Don’t be too sure it was a real injured worker? After I shared about the CompLaude Awards on my blogs, I experienced a pretty vile set of attacks and dramatic ‘character assassination’ from a group of alleged long term injured workers who have allegedly been fighting ‘the system’ for many many years.

LI WORK COMP CENTRAL

 

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

Like you, I thought at first it was disgruntled IWs, but the more I thought about it, there is plausible deniability, and it might have just been ‘industry trolls’….at least in my case. I blogged about it and titled it:

“Insurance Industry Trolls or WorkComp Opiate War Casualties?”

https://askaboutworkerscompgravytrains.com/2014/11/16/insurance-industry-trolls-or-workcomp-opiate-war-casualties/

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

AAWCGT  Trolls or Opiate Wars

I also blogged about the call from the Chicago insurance carrier guy who asked, amongst other things, that since it has been ‘nearly 3 years’ that I have been waiting for medical care, he then asked, “….so when ARE you going to die?”   It’s been 3 years of waiting and waiting and waiting and waiting….

2014 was eventful, that’s for sure. Oh, yeah, and tell Peter R. that it’s not shrinking, the criminal elements are just going deeper under layers and layers of legal chicanery.

Maybe WorkCompCentral will do a series of stories on actual injured workers. Also, a study on doctors and lawyers who have left the WorkComp world could be of dramatic interest to all concerned???

ASK MORE QUESTIONS….

ASK MORE QUESTIONS

NAIDW.org is a wealth of information of the harsh realities to the injured workers, you know, the people WorkComp is supposed to be about serving? Yeah, we know it’s not an “Employee Benefit” and has no pretense of it anymore.

NAIDW  54 million plus

In 2015 it would be great to get more people reading more of the best of the best industry blogs…. so we can incite “Committees of Bloggers for #WorkComp Transformations”

https://askaboutworkerscompgravytrains.com/2015/01/05/committees-of-bloggers-for-workcomp-transformation/

…. I blogged about that too, today, and included one of your 2006 power pieces. That will certainly incite some “cognitive dissonance”… 😀

COGNITIVE DISSONANCE

Wish me luck on my case….that silly ol’ defense attorney is have another tizzy and says he is going to ask the Judge to find me in contempt…. Hmph. He also asked recently what makes me believe I am entitled to any medical benefits or disability benefits and he cited some laws. I suggested, in response, he read the California Labor Code AND the US Constitution.

constitution  too long didnt read

Did you know that Office of the District Attorneys and Congress people and more can be reached via LinkedIn? Yeah, surprised me, too!

we are back 3

Let’s hope more people in the WorkComp Industry get LinkedIn

SMALL ACTIONS BIG CHANGE

MAKE A DIFFERENCE IN 2015

dominoes and constitution

“WE ARE THE MEDIA NOW”

‘Let’s go!’

xoxoxo

SunTzu images

 

SunTzu He will win

 

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

“If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests.  They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again.  Once was more than enough….”  – September 2014

A FEHA/Employment Law and Civil Rights Law Firm, and a Class Action Law firm are also desired.  Wassup America?

“Intent” is important in WorkComp.  “Intent to Kill” is a matter for the Department of Justice, imho.

WC  WorkComp Kills

The info you provide is helpful, but here’s the bottom line data I’d like to see if I can help you, informally or by representation:

(1)     Who are your work comp doctors?

(a)     Who is your PTP?

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

(c)     Do you have any AMEs or QMEs, and if so, who are they?

(2)     Have any of the above doctors found you to be MMI yet?  As of what date?

(3)     If you are MMI per any doctor, what’s your WPI and the apportionment analysis?

(4)     Any trials or findings by a work comp judge yet?  If so, who and at which WCAB office?

(5)     What treatment is authorized?  Any IMR determinations yet or in the works?

(6)     Are you getting SSDI, or have you applied for it?  If so, do you have an MSA?  What’s the amount?

If you email me answers to these questions….

Life with TBI is so

(1)     Who are your work comp doctors?

I have a list of approximately 35 doctors, by specialty, diagnosis, recommended treatments (not provided) and ICD -9  codes, referred by whom and whether on alleged MPN, authorized exception or self-procured..  I have to look for it and it will follow when I get home (Thursday nite)

(a)     Who is your PTP?

Current:  Dr. Darren Bergey, Orthopedic Surgeon, since 2/14/2013.  Knows nothing about brains, and all efforts to get me to experts failed, organized by  attorney #3.

Prior PTP, Dr. Marcel Ponton, QME, Clinical Psychologist (not sure if he is a neuro-psych); Organized by attorney #2, located in Pasadena, 3 hours from my home.  I met with him twice…once in April 2012, once in October 2012.  He did not perform the neuro-psych tests, his colleague, Dr. Gunn, did.  His other colleague, Dr. Chung provided approximately 4 clinical psychology sesssions, focussed primary on stress and pretending there are no cognitive impairments.  Dr. Ponton requested neuro-feedback, neurology, neuro-optometry…. to no avail.  In October 2012, after threating letter from Defense, he said I could return to work with accommodations as clerk.  No medical treatment with him, but somehow after defense threat, I magically got well.  Several of his reports have been repeatedly omitted by defense in order to continue to deny medical.  Some of his reports read like I got the requested evaluations and treatment, but I didn’t and he only requested; complete failure to obtain medical care.  (April 2012 – December 2012; authorized exception to alleged MPN, by Court Order, June 2012.)

After dismissing attorney #2 and requesting hearing for right to medical care and treatment by a specialist, I & A officer and then-defense counsel told me to come prepared with 3 doctors names, which I did, but they were not on the alleged MPN List (I was never properly noticed, that’s another can of worms).  So, the two women made me chose another Orthopedic Surgeon who would then “coordinate specialty doctors”.  I chose Dr. Jacob Rabinovich, Orthopedic Surgeon and had an eval and he wrote a report.  As there was an increasing demand for a QME/AME, I retained counsel #3, and they didn’t like Rabinovich, so they sent me to Dr. Bergey, who is stil the PTP, but wants out as they have been threatened by defense to stop requesting brain injury treatment or they would lose their MPN status.   On my right shoulder rotator cuff injury, clearly evidenced as a impacted body part by several reporting doctors, discovered by Dr. Bergey after physical therapy authorized Spring 2013, authorized MRI of shoulder, recommended shoulder surgery (no thanks, I’m familliar with Romano Trust vs Segdwick)….defense then told Dr. Bergey stop reporting it as “industrial injury” so mid-summer 2013 he changed it to “non-industrial”…. a Crowe-Paradis report obtained by defense in Nov 2012 with intent to coerce premature settlement also included the right shoulder….so it’s just silly that once the severity is discovered they want to say “oops, not related”… D’oh.

Attorney #1’s “office manager” was the case manager and was the first to send me to an Orthopedic Surgeon.  I told her I needed a brain doctor, she said Work Comp required I start with an Orthopedic Surgeon.  His name is Dr. Sunny Gurvindo (?) UPPAL.  The office manager also said, “there’s no psych component to a work comp injury”… I said, “It’s not a psych component, it’s my BRAIN.”….

The first doctor I saw, on the date of injury, was local chiropractor, Dr. Jamie Whitlock.  I thought I just needed an adjustment.  He said I had a concussion.  By Wednesday of that awful week, I was getting all sorts of confusing info and directions from employer, so I called EAP for help for confusion.  They sent me to a clinical psychologist, Dr. David DeGoede, who administered several tests, referred me to a local neurologist, and told me to get anMRI by any means necessary.  (I knew nothing of any MPN, was just following directions of EAP.)  Dr. DeGoede became my first PTP.

SUMMARY OF PTPs:

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

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

  1.  PAST:  Bijan Zardouz, insurance company doctor- neurologist, no expertise in TBI, no brain knowledge, designated as 2nd TP by attorney #3,  Zardouz thought it was a one time consult and wrote a egregiously incorrect report for top dollar.  Defense had omitted more than 300 pages of medical records; took court order to get the missing records to the doctor and requesting a supplemental report.  He threatened to sue me for “harassment” for properly serving the omitted records; so I had to convince the Judge to get involved.  Rather than just send the omitted records, defense just sent a box of all records again and told them to figure out what they missed. 😕
  2.  CURRENT:  Dr. Hilda Chalgujian, Neuro-Psychologist (authorized exception to MPN)….. Dr. Bergey’s office threw up their hands at the last denied medical care or eval or specialist for brain trauma, and told me, “As you can see, they will not authorize any medical treatment we request.  You will have to find your own brain doctor.”  Through a series of phone calls and emails, I found Dr. Hilda who was willing to help me/treat me. Defense jumped in and asked her to do a comprehensive evaluation (she did a 40 pages report, incuding review of prior doctor evaluations) and Defense agreed in Court to have Dr. Hilda as Secondary Treating Doctor.  She is not a work comp doctor and works primarily with head injuries.  I see her mostly weekly.  Her report was May 2014, progress report over due and expected next week.   Dr. Hilda and her report were extremely instrumental in finally getting me some help at an interdisciplinary treatment center like SCRIPPS.    She is also disappointed the amount of time was cut so short.  I don’t think she thinks I’m employable, but she knows I have to return to work to keep a roof over my head in light of the monsterous behavior I have been subjected to.  On Monday I will ask her again about RTW and accommodations and timing.
  3.  CURRENT, SELF PROCURED, DOESN’T FOOL WITH WORK COMP INSURANCE:

Dr. Michael Lobatz, Neurology-Psychiatry, nationally acclaimed,  Chief of Staff at SCRIPPS, organizes SCRIPPS BRAIN INJURY REHABILITATION CONFERENCE ANNUALLY FOR PAST TEN YEARS for and with scientists, military, doctors and other rehab providers.  I attended, at his invitation, the May 2014 event, and learned a great deal more about TBI, and thanks to Dr. Lobatz, the way was made easier to get into SCRIPPS, and his recommendation was for interdisciplinary treatment for 3 months, 3 x a week.  It was reduced further from Dr. Hilda’s request, by the insurance company, to 4 x a week for 4 weeks, extended by 8 more days.  No current appointment scheduled with Dr. Lobatz, although he has been kept apprised of Day Injury Program results and progress.  He didn’t care if I went to SCRIPPS, Learning Center or that other one in Encino…. just care that I got some help.   [There is a program in Newport Beach, a one year program, for cognitive remediation that I am currently applying for…it’s a 3 step interview process, and it’s inexpensive but I would have to relocate, if accepted. and if either Social Security or LTD kicks in for income, or settlement happens.)

(c)     Do you have any AMEs or QMEs, and if so, who are they?

A big mess created by Attorney #3

AME/ Forensic Psychiatrist – James O’Brien  APRIL 2013 with supplemental reports of Aug 2013 and I think October and October 2013, covering his fraudulent tracks poorly — initial report created on incomplete medical evidence (omission of more than 300 pages of medical records; same as above, Court ordered supplemental report upon delivery of omitted documents by defense.  First report indicated that ‘if the finder of facts found evidence of a slip and fall concussion, of course medical treatment would be in order’ and went on to opine, by changing dates of injury to 2013, and used 2012 records to suggest “prior head injury and cognitive failures” etc….. to a full scale “pissing contest” where I suggested he and defense invoke 5th amendment and they moved to secrecy attempting to conceal the records from me and to continue to use them, asking evauating doctors to review but not summarize because of my ‘fragile emotional state’…. by the time his work of fiction (about $10k in fees) was done…. I never had a slip and fall (which was witnessed, and my manager helped me up from the ground)… he further opined that I just had epilepsy and never even fell….. Felony Fraud, imho.  I have evidence; DA found my complaints of interest, so did DOJ.

QME/ Neurology – Dr. Ronald Kent – December 2013 – again, issue of omitted records of more than 300 pages by defense, followed by supplemental report (without court order).  This doctor spent 35 miinutes with me, his staff regurgitated poorly prior medical evidence, and he said that essentially, women over 35 are not entitled to medical treatment for a brain injury and that since I didn’t get any in the first two years, tooo bad, deal with it.  This guy teaches new doctors at UCLA.  Those med students would be wise to be afraid, very afraid.

QME/Orthopedic – Dr. Jefrey Holmes – PENDING     …. Attorney #4 agreed at an expedited hearing for medical treatment that I had organized….for my right to medical care and to dispute the O’Brien fiction, simply agreed to an Orthopedic eval.  It was arranged, postponed, arranged, cancelled, order to compel invoked, was off calendar so didn’t happen, Defense and IW agreed then to postpone till further notice; today Defense asked if it’s time to reschedule; I asked him to wait till I get the accommodations request and interactive process and PROPOSAL FOR RESOLUTION done, or to just plan it for late September or October, late in the afternoon…. He said to let him know when I’m ready…. I told him we’lll tie it to the Proposal for Resolution.

(2)     Have any of the above doctors found you to be MMI yet?  As of what date?

Nobody has found me MMI yet, although in October 2012 Dr. Ponton suggested I could return to work as a clerk.

(3)     If you are MMI per any doctor, what’s your WPI and the apportionment analysis?   N/A

On further thought, the AME Forensic Psychiatrist and QME Neurologist did write something about WPI and MMI….some ridiculously tiny number.. I can look for it.  In my head, their reports are such works of Fraud, I discount everything in them.   
Their reports are debunked by Dr. Hilda Chalgujian (professionally and nicely)…. and the authorized SCRIPPS time and treatment and recommendations for more treatment clearly debunks their allegations that I have no head injuries or that they are minimal.  
Defense counsel (Kim Mall- Grancell, Corona) attempted to lead them to say that a car crash of 2008 and a prior car crash in 2003 were the cause of problems, even though there was never a previous complaint or treatment for any of the symptoms.   However, Dr. Kent, Neurologist, also moved the date of injury to 2013 in his reports and indicated I sought help for confusion, inability to speak, etc, PRIOR to Industrial Injury, citing 2012 initial evals organized by Dr. David DeGoede (EAP referral) as polite obfuscated evidence and the neuro-psych he sent me to, another authorized exception.  
If settlement is not reached in the foreseeable future, it seems to me the O’Brien, Kent, Zardouz fraud will have to be debunked in trial.  I don’t think any of them would care; they clearly have insurance company ‘protection’ ……..  At one point, O’Brien asked to be removed from the case and his report withdrawn……… since WC seems like the internet, once it is written, it never goes away………..they attempted alternative tactics…. via character assassination.  His findings contradict findings of all other doctors….. a jury might find it of interest, and defense knows it.
When current PTP, Dr. Bergey, was threatend re MPN status for trying to get me help, his office called me, advised me of same, and moved my scheduled appointment up a week so I could come in for my final appointment.  I think they insinuated that for business purposes they had no choice but to call me P & S, and release me.  You might imagine the content of my written response.  My next progress meeting was with Dr. Bergey directly, rather than PA, and his report was stronger  He seems to frown on being threatened by insurance carriers.   Smart guy who does not seem to be  easily intimidated.  He knew when I arrived at his office on 2/14/13 that I needed a brain doctor and it wasn’t him.  They have tried and failed valiantly trying to get me help.   The acupuncture and chiropractic I got this year was not their doings…it took a Court order.  :/   Yeah, unbelievable.  
If you decide to consider my case further, I have all the medical records and I am expecting SCRIPPS discharge report early next week…. I can email you anything I can find.
I don’t want to fool with this for years and years and  years like some of my FB buddies……….they count on that, don’t they?   Count me out….I’ll fight from the side, we do not…forget.

(4)     Any trials or findings by a work comp judge yet?  If so, who and at which WCAB office?

Judge Victor Jimenez has been the primary judge I have dealt with. I have had other Judges assigned to the case, but it always gets back to Jimenez.   Presiding Judge Sanford-Wachtel gave me his card and encouraged me to contact him if there are issues, after the first failure to provide requested ADA accommodations.   The Information & Assistance Officer, Valerie James, has been instrumental in ensuring failure to get medical care and has denied ADA accommodations and even confiscated my cell phone at one hearing; I filed an ADA complaint with DOJ.  EEOC called me and said the issues involved were more than two years ago, too bad

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(5)     What treatment is authorized?  Any IMR determinations yet or in the works?  

Year one,2012:  they authorized, as mentioned on my blog, a little chiropractic and a couple clinical psychology sessions.

Year two, 2013 physical therapy and…. a couple MRI’s….

Year three….2014… by court order, a couple chiropractic and some acupuncture (helps a lot with brain and right shoulder…..the first set EXCLUDED BRAIN and authorized right limbs only ….knuckleheads….

[Scripps Brain Injury Day Treatment Center is generally a 154 day program; 16 days were authorized in August 2014 on appeals, and then 8 more days on more appeals….hardly a start to cognitive rehabilitation.  The cost was $50K + lodging.

My doctors had requested 3-6 months treatment…. 24 days is not reasonable and the interactive FEHA process for return to work was to begin during that course, but Wyndham refused to participate despite repeated requests that had already been paid for …. just wasted.]

More than $27,000 has been spent, properly submitted for reimbursements for medical miles and expenses for medically necessary treatments and evaluations such as MRI, Vision therapy, prism therapeutic lenses, chiropractic, acupuncture…. I have a summary sheet ……….have requested reimbursements many times, and have filed complaints with Audit Unit.

I have also filed complaints up and down the Coast.  They know my name in Sacramento and i have received some pretty nasty letters from the Assistant Medical Director suggesting I will never get medical treatment, so come to grips with that harsh reality.

Any IMR determinations yet or in the works?    I don’t know what that is, and I don’t know anything about how to close this up.  I think this has to do with PD ratings and things?   This is, I believe, where your expertise to set things up to make this finally right??

(6)     Are you getting SSDI, or have you applied for it?  If so, do you have an MSA?  What’s the amount?

I applied for Social Security Disability was denied a couple times, awaiting hearing now….I’m told it will be December January is…..  I’m told it will be retroactive and the SocSec office  broken the numbers down for me last year (I think it was last year) and said it would be retroactive from 6 months after injury and would put (last year) about $50K in my pocket, and about…. $1800/month.   A group called, “The Advocator”, somehow affiliated with my LTD carrier, is pushing the paper there.  On my task list is to get them medical records since last we talked.  Social security basically said they know I have a brain injury but it’s not bad enough to keep me from being a sales executive.  I think they mean no brains are required, or cognitive abilities.  Tsk.

Do you do Social Security??  Allegedly the Advocator will provide me with an attorney at the hearing, which causes me fear……I’m also told I can terminate contract with them and retain and attorney without liens.  My LTD income is a mess due to the financial chicanery of CNA/EDD and the ‘now we pay, now we don’t, now we do, change the amount’…. so I owe Matrix some paperwork to confirm when my benefits stopped so they can sort out if I owe them or they owe me.  That sort of paperwork boggles my brain….. I can type like there’s no tomorrow, but retrieval and recollection and visual scanning to edit are severe challenges.  I have a list somewhere of the various challenges and impairments, cuz I can never remember them all…… Muddling through life as best I can seems to be my “new normal”

SOCIAL SECURITY  FOLLOW THE MONEY TRAIL

I have long term disability insurance with Matrix/Reliance.   I have a neurology/psychiatry evaluation with one of their doctors on October 27…. a Dr. Jay Jurkowitz in…. I think Riverside or San Bernardino.

My next PTP Orthopedic Surgeon for my Brain Injury 45 day appointment is October 17 at 1 pm in Indio.

My next neuropsych appointment is next Monday.

David DePaolo is familiar with my….challenges, and I have explored possibilities of representation with multiple attorneys in CA… some bothered to consider and others abruptly put it in the “too hard” pile……  See WORK COMP AND BASEBALL OCT 2 2014…. IT MENTIONS MY SITUATION, AND THE SITUATIONS OF OTHER INJURED WORKERS:

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

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

It is my hope to eventually (maybe now?) retain someone who can wrap it up, and to also ensure that the 4 attorneys who harmed me get little to nothing out of the “15% pot”…. and who ideally will, with encouragement, withdraw their liens.

If any of this may be of interest, and if you agree that submission of a “PROPOSAL FOR RESOLUTION” may be in order before I attempt for force my way back into a job I doubt I can do anymore, I willl find and send the spreadsheet of doctors and their specialities….

I live in Yucca Valley, near Joshua Tree National Park.  The WC case is in Riverside.   While I understand there has to be cause to move a case, I would be they would be glad to be rid  of me and let you move it to LA to get me gone.  They know that I know whose side they are  on.

If you are interested, and if you could be like the “general contractor” and organize with Nick and any other team players, I am sure that adequate funds could be created to make it financially attractive enough to deal with the mess.  I just want out…………  I would like $1.3 million and I would like to see these crooks tried, locked up and executed, in accordance with the laws.  I’m realistic enough to realize….. those who have the cash kills as they can, without consequences.  Fighting back one case at a time is an honorable fight, till last gasps.

If we jointly decide to work together, you might want to know a bit more about me…. I can take my hands off my WorkComp blog for a while, or I can amp it up…… I am open to suggestions and I get it that if I retain counsel, my right to speak out is limited, temporarily.

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

I think it could be an “easy enough” deal with the work I have accomplished this past year…..getting to SCRIPPS, letting them know my number was $700K before SCRIPPS and that it’s $1.3 million now, based on what I have learned of long term medical needs and consequences of untreated brain injury and untreated rotator cuff tears.

Do you know [xxxx] the structure settlement guy?  I have been in touch with him several times.  We connected after the CAAA Winter Conference.  He thinks I’m a little hot headed…..  he may not like me, but he has observed me getting a few things done in spite of the odds.

I hear tales that you work around the clock…..  I learned at SCRIPPS about brain fatigue and reserves….   breaks are good for rebooting.

I will head home tomorrow…. coffee with some fellow activists in the  morning, so…. onward.

If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests.  They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again.  Once was more than enough.

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I also lost my “professional credentials”… my Hawaii real estate license, my California real estate borkers license, and my California Notary license, due to cognitive inability to take the continuing ed after paying nearly $1000 for special theraputic glasses and vision therapy, I was able to knock out the CA continuing ed for the broker’s license….that did expire.  I have to send them $450 to renew during the grace period; it’s a return to work license required, but I don’t have the $450 to spare with no income from these clowns.

I did have to file for early retirement (DOB 4/8/52)…. so I have pocket money and a will to survive.

linda-ayres_profile_qr

Thanks kindly for you consideration  Awaiting word from you.  I really want out  I intend to continue the good fight from the other side….. JAIL BREAK TIME……. HELP ME OUT OF HERE…………….These psychopaths are armed and extremely dangerous.  Yeah, I know.

GOVERNMENT BAD GUYS AND JAIL

Sincerely,

Linda and Friends

flag distress signal

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

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

 

work comp guidelines

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

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

Outreach to Wyndham  10 7 14

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

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

linda ayres says JOIN ME ON TWITTER

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

Linked IN  10 11 14

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

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

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

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

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

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

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

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

LINKED IN  SETTLEMENTS

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

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

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

Quality Assurance Representative – Indio/Palm Springs, CA  1412942

Description

 

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

 

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

See More here:

ASK ABOUT WORKERS COMP GRAVY TRAINS

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

InjuredWorkers Resources….. Add to It!

https://askaboutworkerscompgravytrains.com/about/

For more on Timeshare and RTW, also see:

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

Life with TBI is so

#InjuredWorkersUniting

#SilentNoMo

Join Us!

NAIDW TBI AWARENESS

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

We are the Media Now.

 

 

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