“There is NO EXCUSE for the #WorkComp Atrocities in America”
but we might be on to an explanation…..!!!!!!!!!!!!!!
WorkComp Law….and Atrocities…
AS THE FILE CHURNS, Wyndham Sleeps and CNA asks IW:
“…when ARE you going to die?”
Primary Treating Physician for Ayres vs. Wyndham et al is an Orthopedic Surgeon designated as PTP for BRAIN INJURY CASE, because the alleged MPN Network of CNA is apparently losing swathes of doctors for non-payment and ridiculous handling of claims, they have no brain injury experts and damages caused by CNA by refusals to provide medically necessary treatments.
CNA now relies heavily on Corvel Corporation orthopedic surgeons and clinical psychologists to deny brain injury care based on false and incomplete medical evidence, and lack of expertise in the brain department. People complain about that Maximus IMR Gang? …..Corvel says, ‘let them all eat cake!’ as their nurses and sonders churn out denials like they were going out of business. The Corvel ‘doctors’ seem to have fangs in the Social Security denial system too?
Most of the CNA leased/owned independent doctors don’t even know that the brain is a body part located in the head, and one of their neurologists says ‘take an over the counter analgesic’ and their other neurologist says, ‘Look, you didn’t get any medical care the first two years, you’re already over 35, nothing will help you now. Go for a walk, get skinny, use the neuro-optometric theraputic lenses they wouldn’t pay for, but you did, and stop whining about vision and auditory impairments.’
Some real doctors just walk away from the #WorkComp Scams, some stay in it, slugging it out on behalf of injured workers, and others just ride the Dinner Car of the #WorkCompGravy Trains.
Nearly every single request for expert treatment for brain injury by the PTPs have been denied, first by non-doctors, Kim Mall, Attorney for Grancell, then by Daniel Elliott, Adjuster for CNA aka American Casualty. Remember remember, Wyndham Worldwide had (and probably still has) no standard practice for injured workers other than handing them an incomplete DWC-1 form with a shrug and “See any doctor that accepts work comp insurance” with the ‘time-share-salute’.
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The Evaluation [QME] by Dr. Jeffrey Holmes, Orthopedic Surgeon, has been aborted again, and to be rescheduled in December, after spending nearly 70 minutes at the appointed time, confirming medical records and sorting through confusion. It was a pleasure to meet Dr. Holmes and his kind and gracious staff. Harvard men can have manners, yes?
As injured worker was quite clear that the good doctor was being invited by Defense to participate in an on-going fraudulent denial of medical treatment scam, and that he deserved to have all the facts so that he could make a legitimate evaluation of the right shoulder injury and other orthopedic challenges.
2012 medical records and 2012 attempt to coerce premature settlement by Defense clearly referenced right shoulder injury, and current hard-fought for Acupuncture has been for the ‘right shoulder only’ and they tried to tell the acupuncturist treatments were not to be used on the brain. D’oh!
(Acupuncture is a whole-body system of treatment, most helpful to some brain injured patients.) The Defense postion letter started out with lies, that just got more egregious, and current defense counsel stated he saw no reason to change anything in Kim’s letter. Birds of Feather poop together?
Current PTP was successful in getting 6 physical therapy sessions authorized in Spring 2013, for a Winter 2012 injury. Then an MRI in Summer 2013 of the shoulder was authorized, determining a need for surgery and a severe shoulder rotator cuff tear. It took a Court Order to get appointments scheduled for Physical Therapy and Acupuncture in 2013. Is that right use of Judge’s time?
Defense attorney Kim Mall (Grancell-Corona) then indicated that the adjuster was wrong, there would be no further evaluation because it was not an accepted body part. She did not want to hear that the adjuster was trying to do the right thing. She squashed it, and no doubt billed on.
Several days in front of a WorkComp Riverside Judge, to deal with issues of omissions of medical records—more than 300 pages left out for 3 doctor reports, so those doctors relied on instruction from the defense, based on their egregiously flawed reports, QME/AME/and 2nd Consult.
Conveniently, those industry leased/owned doctors moved the reported date of injury on some reports a year forward, to 2013, using medical evidence of 2012 to ‘support’ fraudulent claims of ‘pre-existing’ symptoms such as dysfluent speech, impaired cognitive abilities, inability to recognize people, auditory and visual processing….. One made a correction to the date when confronted, but not to the false opinings, or his meds were off too.
No worries, WorkComp Courts REFUSE TO HEAR COMPLAINTS ABOUT ATTORNEY/PROVIDER FRAUD, AND SO DOES THE COMMISSION IN CALIFORNIA. DISTRICT ATTORNEY IS TOO BUSY? CAAA suggests injured worker keeps on looking for a competent legal firm to represent.
DEFENSE FIRM REFUSES TO MEDIATTE, SAYS THE CASE IS “not ripe”… (i.e. Injured worker is still breathing???)
DEFENSE FIRM REFUSES TO PROPERLY PROCESS MEDICAL EXPENSES REIMBURSEMENT REQUESTS FOR NEARLY $30,000, AND INSURANCE CARRIER IS AWARDED $16,000 BONUS BY STATE OF CALIFORNIA – EDD — APPARENTLY OUT OF GENERAL TAXPAYER FUNDS…FOR REFUSAL BY CARRIER TO PAY TEMPORARY TOTAL DISABILITY BENEFITS IN YEAR 1 AND 2 OF INJURY…. Perhaps the WorkComp AUDIT UNIT will do their job and suprise all stakeholders with fines and penalties.
THE INJURED WORKER HAS NOT YET RETURNED TO WORK…. WYNDHAM CONTINUES TO REFUSE TO PARTICIPATE IN THE INTERACTIVE PROCESSES OF #FEHA, AND THE DEFENSE FIRM CONTINUES TO OBFUSCATE TRUTH…SENDING QME DOCTORS BUNDLES OF DISORGANIZED FILES, THAT SEVERAL HAVE BILLED 7-8 HOURS TO “organize” prior to review, and generally, those doctors just have their “staff” write a report following guidelines of defense counsel, fraudulent misrepresentations and all.
These doctors are not apparently accustomed to an injured worker fighting for survival without a lawyer—two threatend to sue for ‘harassment’ when omitted records were properly served with requests for supplement reports reflecting further medical evidence. Several Court hours were wasted (but billed by Defense firm?.)…. to sort out the missing records.
The file was pulled from Kim Mall, and given to Stewart Reubens, in Grancell-Novato office. Stewart doesn’t like to read. His office must be full of rubber stamps?
Date of injury was 1/9/12, despite repeated requests for a brain injury experts—a Physicist, a Neurologist with Brain Injury Expertise, A Neuro-Psychologist, to manage an INTERDISCIPLINARY TEAM OF EXPERTS — Speech Therapy with Cognitive Remediation, Occupational Therapy, Neuro-Vision Therapy, Physical Therapy — TO TREAT A TRAUMATIC BRAIN INJURY CAUSED BY A WITNESSED SLIP AND FALL BACKWARDS AT THE WORLDMARK BY WYNDHM BIG BEAR RESORT ON 1/9/12…..
What can break the impact of a fall backwards besides the SKULL? See picture for help with that question. Hint: THE SKULL. 2ND HINT: Where is the brain located?
Evaluations Evaluations Evaluations…. and #WorkComp Defense now wants MORE EVALUATIONS?!!! For how many more years??
The recent Ortho Eval was aborted again, due to file obfuscation by Defense Firm, to be rescheduled.
While Grancell refuses to honor ADA request for electronic communications, it seems that Stewart sent a letter recently requesting yet another neuro-psychologist evaluation (after DIR told him NO once more) and he is apparently clue-less that such testing cannot be done more often than every 7-9 months, or ‘practice effect’ renders the results bastardized. Or, maybe he does know that, as he knows such a battery of tests was done again in October 2014. All results point to a traumatic brain injury, with requests for treatment.
Even the Grancell leased Forensic Psychiatrist wrote, ‘If there was evidence of a concussion from a slip and fall, injured worker would certainly be entitled to medical treatment….but there was not fall, no concussion, and it was probably just an epilepsy attack.” D’oh! Doc off his meds that day?
Forensic Psychiatrist wrote 3 supplemental reports at the request of Grancell’s Kim Mall, each one more outrageous and egregiously fraudulent than the prior, until they decided to put the reports on the ‘do not regurgitate in summary’ instructions, and also asked to have the name and report dates removed from the Medical Index. Invoking the 5th amendment might have been more efficient? (He also suggested that if IW has civil rights complaints, she take it to The Hague. He provided the direct line for the local DA to facilitate further complaints….THAT’S SCARY THAT HE HAD THAT NUMBER SO HANDY, HUH? d’OH! He refused to believe complaints had already been filed.)
“I hear we are already 200k over our estimate—that’s Team DLA Piper!” wrote then-DLA Piper partner Erich P. Eisenegger in one email.
After another lawyer responded, noting that an attorney colleague, whose first name is Vince, had been added to the group working on the bankruptcy matter, then-DLA Piper attorney Christopher Thomson added his thoughts: “Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”
“Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” wrote Thomson. “That bill shall know no limits.”
See entire artire ABA Journal article here: http://www.abajournal.com/news/article/sued_by_dla_piper_for_675k_ex-client_discovers_lighthearted_churn_that_bill/
“If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests. They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again. Once was more than enough….” – September 2014
A FEHA/Employment Law and Civil Rights Law Firm, and a Class Action Law firm are also desired. Wassup America?
“Intent” is important in WorkComp. “Intent to Kill” is a matter for the Department of Justice, imho.
The info you provide is helpful, but here’s the bottom line data I’d like to see if I can help you, informally or by representation:
(1) Who are your work comp doctors?
(a) Who is your PTP?
(b) Who are your secondary treating doctors (i.e, in other specialties)?
(c) Do you have any AMEs or QMEs, and if so, who are they?
(2) Have any of the above doctors found you to be MMI yet? As of what date?
(3) If you are MMI per any doctor, what’s your WPI and the apportionment analysis?
(4) Any trials or findings by a work comp judge yet? If so, who and at which WCAB office?
(5) What treatment is authorized? Any IMR determinations yet or in the works?
(6) Are you getting SSDI, or have you applied for it? If so, do you have an MSA? What’s the amount?
If you email me answers to these questions….
(1) Who are your work comp doctors?
I have a list of approximately 35 doctors, by specialty, diagnosis, recommended treatments (not provided) and ICD -9 codes, referred by whom and whether on alleged MPN, authorized exception or self-procured.. I have to look for it and it will follow when I get home (Thursday nite)
(a) Who is your PTP?
Current: Dr. Darren Bergey, Orthopedic Surgeon, since 2/14/2013. Knows nothing about brains, and all efforts to get me to experts failed, organized by attorney #3.
Prior PTP, Dr. Marcel Ponton, QME, Clinical Psychologist (not sure if he is a neuro-psych); Organized by attorney #2, located in Pasadena, 3 hours from my home. I met with him twice…once in April 2012, once in October 2012. He did not perform the neuro-psych tests, his colleague, Dr. Gunn, did. His other colleague, Dr. Chung provided approximately 4 clinical psychology sesssions, focussed primary on stress and pretending there are no cognitive impairments. Dr. Ponton requested neuro-feedback, neurology, neuro-optometry…. to no avail. In October 2012, after threating letter from Defense, he said I could return to work with accommodations as clerk. No medical treatment with him, but somehow after defense threat, I magically got well. Several of his reports have been repeatedly omitted by defense in order to continue to deny medical. Some of his reports read like I got the requested evaluations and treatment, but I didn’t and he only requested; complete failure to obtain medical care. (April 2012 – December 2012; authorized exception to alleged MPN, by Court Order, June 2012.)
After dismissing attorney #2 and requesting hearing for right to medical care and treatment by a specialist, I & A officer and then-defense counsel told me to come prepared with 3 doctors names, which I did, but they were not on the alleged MPN List (I was never properly noticed, that’s another can of worms). So, the two women made me chose another Orthopedic Surgeon who would then “coordinate specialty doctors”. I chose Dr. Jacob Rabinovich, Orthopedic Surgeon and had an eval and he wrote a report. As there was an increasing demand for a QME/AME, I retained counsel #3, and they didn’t like Rabinovich, so they sent me to Dr. Bergey, who is stil the PTP, but wants out as they have been threatened by defense to stop requesting brain injury treatment or they would lose their MPN status. On my right shoulder rotator cuff injury, clearly evidenced as a impacted body part by several reporting doctors, discovered by Dr. Bergey after physical therapy authorized Spring 2013, authorized MRI of shoulder, recommended shoulder surgery (no thanks, I’m familliar with Romano Trust vs Segdwick)….defense then told Dr. Bergey stop reporting it as “industrial injury” so mid-summer 2013 he changed it to “non-industrial”…. a Crowe-Paradis report obtained by defense in Nov 2012 with intent to coerce premature settlement also included the right shoulder….so it’s just silly that once the severity is discovered they want to say “oops, not related”… D’oh.
Attorney #1’s “office manager” was the case manager and was the first to send me to an Orthopedic Surgeon. I told her I needed a brain doctor, she said Work Comp required I start with an Orthopedic Surgeon. His name is Dr. Sunny Gurvindo (?) UPPAL. The office manager also said, “there’s no psych component to a work comp injury”… I said, “It’s not a psych component, it’s my BRAIN.”….
The first doctor I saw, on the date of injury, was local chiropractor, Dr. Jamie Whitlock. I thought I just needed an adjustment. He said I had a concussion. By Wednesday of that awful week, I was getting all sorts of confusing info and directions from employer, so I called EAP for help for confusion. They sent me to a clinical psychologist, Dr. David DeGoede, who administered several tests, referred me to a local neurologist, and told me to get anMRI by any means necessary. (I knew nothing of any MPN, was just following directions of EAP.) Dr. DeGoede became my first PTP.
SUMMARY OF PTPs:
Dr. Daniel DeGoede, Clinical Psychologist, referred by Wyndham EAP program, paid for by CIGNA (Jan-Apr 2012)
Dr. Marcel Ponton, Psychologist, referred by attorney #2; also a QME dude. (Apr – Dec 2012)
Dr. Jacob Rabinovich, Orthopedic Surgeon, one time evaluations; replaced by attorney #3’s doctor: (1 visit)
Dr. Darren Bergey, Orthopedic Surgeon….. (Feb 2013 to present; wants out)
(b) Who are your secondary treating doctors (i.e, in other specialties)?
PAST: Bijan Zardouz, insurance company doctor- neurologist, no expertise in TBI, no brain knowledge, designated as 2nd TP by attorney #3, Zardouz thought it was a one time consult and wrote a egregiously incorrect report for top dollar. Defense had omitted more than 300 pages of medical records; took court order to get the missing records to the doctor and requesting a supplemental report. He threatened to sue me for “harassment” for properly serving the omitted records; so I had to convince the Judge to get involved. Rather than just send the omitted records, defense just sent a box of all records again and told them to figure out what they missed. 😕
CURRENT: Dr. Hilda Chalgujian, Neuro-Psychologist (authorized exception to MPN)….. Dr. Bergey’s office threw up their hands at the last denied medical care or eval or specialist for brain trauma, and told me, “As you can see, they will not authorize any medical treatment we request. You will have to find your own brain doctor.” Through a series of phone calls and emails, I found Dr. Hilda who was willing to help me/treat me. Defense jumped in and asked her to do a comprehensive evaluation (she did a 40 pages report, incuding review of prior doctor evaluations) and Defense agreed in Court to have Dr. Hilda as Secondary Treating Doctor. She is not a work comp doctor and works primarily with head injuries. I see her mostly weekly. Her report was May 2014, progress report over due and expected next week. Dr. Hilda and her report were extremely instrumental in finally getting me some help at an interdisciplinary treatment center like SCRIPPS. She is also disappointed the amount of time was cut so short. I don’t think she thinks I’m employable, but she knows I have to return to work to keep a roof over my head in light of the monsterous behavior I have been subjected to. On Monday I will ask her again about RTW and accommodations and timing.
CURRENT, SELF PROCURED, DOESN’T FOOL WITH WORK COMP INSURANCE:
Dr. Michael Lobatz, Neurology-Psychiatry, nationally acclaimed, Chief of Staff at SCRIPPS, organizes SCRIPPS BRAIN INJURY REHABILITATION CONFERENCE ANNUALLY FOR PAST TEN YEARS for and with scientists, military, doctors and other rehab providers. I attended, at his invitation, the May 2014 event, and learned a great deal more about TBI, and thanks to Dr. Lobatz, the way was made easier to get into SCRIPPS, and his recommendation was for interdisciplinary treatment for 3 months, 3 x a week. It was reduced further from Dr. Hilda’s request, by the insurance company, to 4 x a week for 4 weeks, extended by 8 more days. No current appointment scheduled with Dr. Lobatz, although he has been kept apprised of Day Injury Program results and progress. He didn’t care if I went to SCRIPPS, Learning Center or that other one in Encino…. just care that I got some help. [There is a program in Newport Beach, a one year program, for cognitive remediation that I am currently applying for…it’s a 3 step interview process, and it’s inexpensive but I would have to relocate, if accepted. and if either Social Security or LTD kicks in for income, or settlement happens.)
(c) Do you have any AMEs or QMEs, and if so, who are they?
A big mess created by Attorney #3
AME/ Forensic Psychiatrist – James O’Brien APRIL 2013 with supplemental reports of Aug 2013 and I think October and October 2013, covering his fraudulent tracks poorly — initial report created on incomplete medical evidence (omission of more than 300 pages of medical records; same as above, Court ordered supplemental report upon delivery of omitted documents by defense. First report indicated that ‘if the finder of facts found evidence of a slip and fall concussion, of course medical treatment would be in order’ and went on to opine, by changing dates of injury to 2013, and used 2012 records to suggest “prior head injury and cognitive failures” etc….. to a full scale “pissing contest” where I suggested he and defense invoke 5th amendment and they moved to secrecy attempting to conceal the records from me and to continue to use them, asking evauating doctors to review but not summarize because of my ‘fragile emotional state’…. by the time his work of fiction (about $10k in fees) was done…. I never had a slip and fall (which was witnessed, and my manager helped me up from the ground)… he further opined that I just had epilepsy and never even fell….. Felony Fraud, imho. I have evidence; DA found my complaints of interest, so did DOJ.
QME/ Neurology – Dr. Ronald Kent – December 2013 – again, issue of omitted records of more than 300 pages by defense, followed by supplemental report (without court order). This doctor spent 35 miinutes with me, his staff regurgitated poorly prior medical evidence, and he said that essentially, women over 35 are not entitled to medical treatment for a brain injury and that since I didn’t get any in the first two years, tooo bad, deal with it. This guy teaches new doctors at UCLA. Those med students would be wise to be afraid, very afraid.
QME/Orthopedic – Dr. Jefrey Holmes – PENDING …. Attorney #4 agreed at an expedited hearing for medical treatment that I had organized….for my right to medical care and to dispute the O’Brien fiction, simply agreed to an Orthopedic eval. It was arranged, postponed, arranged, cancelled, order to compel invoked, was off calendar so didn’t happen, Defense and IW agreed then to postpone till further notice; today Defense asked if it’s time to reschedule; I asked him to wait till I get the accommodations request and interactive process and PROPOSAL FOR RESOLUTION done, or to just plan it for late September or October, late in the afternoon…. He said to let him know when I’m ready…. I told him we’lll tie it to the Proposal for Resolution.
(2) Have any of the above doctors found you to be MMI yet? As of what date?
Nobody has found me MMI yet, although in October 2012 Dr. Ponton suggested I could return to work as a clerk.
(3)If you are MMI per any doctor, what’s your WPI and the apportionment analysis? N/A
On further thought, the AME Forensic Psychiatrist and QME Neurologist did write something about WPI and MMI….some ridiculously tiny number.. I can look for it. In my head, their reports are such works of Fraud, I discount everything in them.
Their reports are debunked by Dr. Hilda Chalgujian (professionally and nicely)…. and the authorized SCRIPPS time and treatment and recommendations for more treatment clearly debunks their allegations that I have no head injuries or that they are minimal.
Defense counsel (Kim Mall- Grancell, Corona) attempted to lead them to say that a car crash of 2008 and a prior car crash in 2003 were the cause of problems, even though there was never a previous complaint or treatment for any of the symptoms. However, Dr. Kent, Neurologist, also moved the date of injury to 2013 in his reports and indicated I sought help for confusion, inability to speak, etc, PRIOR to Industrial Injury, citing 2012 initial evals organized by Dr. David DeGoede (EAP referral) as polite obfuscated evidence and the neuro-psych he sent me to, another authorized exception.
If settlement is not reached in the foreseeable future, it seems to me the O’Brien, Kent, Zardouz fraud will have to be debunked in trial. I don’t think any of them would care; they clearly have insurance company ‘protection’ …….. At one point, O’Brien asked to be removed from the case and his report withdrawn……… since WC seems like the internet, once it is written, it never goes away………..they attempted alternative tactics…. via character assassination. His findings contradict findings of all other doctors….. a jury might find it of interest, and defense knows it.
When current PTP, Dr. Bergey, was threatend re MPN status for trying to get me help, his office called me, advised me of same, and moved my scheduled appointment up a week so I could come in for my final appointment. I think they insinuated that for business purposes they had no choice but to call me P & S, and release me. You might imagine the content of my written response. My next progress meeting was with Dr. Bergey directly, rather than PA, and his report was stronger He seems to frown on being threatened by insurance carriers. Smart guy who does not seem to be easily intimidated. He knew when I arrived at his office on 2/14/13 that I needed a brain doctor and it wasn’t him. They have tried and failed valiantly trying to get me help. The acupuncture and chiropractic I got this year was not their doings…it took a Court order. Yeah, unbelievable.
If you decide to consider my case further, I have all the medical records and I am expecting SCRIPPS discharge report early next week…. I can email you anything I can find.
I don’t want to fool with this for years and years and years like some of my FB buddies……….they count on that, don’t they? Count me out….I’ll fight from the side, we do not…forget.
(4) Any trials or findings by a work comp judge yet? If so, who and at which WCAB office?
Judge Victor Jimenez has been the primary judge I have dealt with. I have had other Judges assigned to the case, but it always gets back to Jimenez. Presiding Judge Sanford-Wachtel gave me his card and encouraged me to contact him if there are issues, after the first failure to provide requested ADA accommodations. The Information & Assistance Officer, Valerie James, has been instrumental in ensuring failure to get medical care and has denied ADA accommodations and even confiscated my cell phone at one hearing; I filed an ADA complaint with DOJ. EEOC called me and said the issues involved were more than two years ago, too bad
(5) What treatment is authorized? Any IMR determinations yet or in the works?
Year one,2012: they authorized, as mentioned on my blog, a little chiropractic and a couple clinical psychology sessions.
Year two, 2013 physical therapy and…. a couple MRI’s….
Year three….2014… by court order, a couple chiropractic and some acupuncture (helps a lot with brain and right shoulder…..the first set EXCLUDED BRAIN and authorized right limbs only ….knuckleheads….
[Scripps Brain Injury Day Treatment Center is generally a 154 day program; 16 days were authorized in August 2014 on appeals, and then 8 more days on more appeals….hardly a start to cognitive rehabilitation. The cost was $50K + lodging.
My doctors had requested 3-6 months treatment…. 24 days is not reasonable and the interactive FEHA process for return to work was to begin during that course, but Wyndham refused to participate despite repeated requests that had already been paid for …. just wasted.]
More than $27,000 has been spent, properly submitted for reimbursements for medical miles and expenses for medically necessary treatments and evaluations such as MRI, Vision therapy, prism therapeutic lenses, chiropractic, acupuncture…. I have a summary sheet ……….have requested reimbursements many times, and have filed complaints with Audit Unit.
I have also filed complaints up and down the Coast. They know my name in Sacramento and i have received some pretty nasty letters from the Assistant Medical Director suggesting I will never get medical treatment, so come to grips with that harsh reality.
Any IMR determinations yet or in the works? I don’t know what that is, and I don’t know anything about how to close this up. I think this has to do with PD ratings and things? This is, I believe, where your expertise to set things up to make this finally right??
(6) Are you getting SSDI, or have you applied for it? If so, do you have an MSA? What’s the amount?
I applied for Social Security Disability was denied a couple times, awaiting hearing now….I’m told it will be December January is….. I’m told it will be retroactive and the SocSec office broken the numbers down for me last year (I think it was last year) and said it would be retroactive from 6 months after injury and would put (last year) about $50K in my pocket, and about…. $1800/month. A group called, “The Advocator”, somehow affiliated with my LTD carrier, is pushing the paper there. On my task list is to get them medical records since last we talked. Social security basically said they know I have a brain injury but it’s not bad enough to keep me from being a sales executive. I think they mean no brains are required, or cognitive abilities. Tsk.
Do you do Social Security?? Allegedly the Advocator will provide me with an attorney at the hearing, which causes me fear……I’m also told I can terminate contract with them and retain and attorney without liens. My LTD income is a mess due to the financial chicanery of CNA/EDD and the ‘now we pay, now we don’t, now we do, change the amount’…. so I owe Matrix some paperwork to confirm when my benefits stopped so they can sort out if I owe them or they owe me. That sort of paperwork boggles my brain….. I can type like there’s no tomorrow, but retrieval and recollection and visual scanning to edit are severe challenges. I have a list somewhere of the various challenges and impairments, cuz I can never remember them all…… Muddling through life as best I can seems to be my “new normal”
I have long term disability insurance with Matrix/Reliance. I have a neurology/psychiatry evaluation with one of their doctors on October 27…. a Dr. Jay Jurkowitz in…. I think Riverside or San Bernardino.
My next PTP Orthopedic Surgeon for my Brain Injury 45 day appointment is October 17 at 1 pm in Indio.
My next neuropsych appointment is next Monday.
David DePaolo is familiar with my….challenges, and I have explored possibilities of representation with multiple attorneys in CA… some bothered to consider and others abruptly put it in the “too hard” pile…… See WORK COMP AND BASEBALL OCT 2 2014…. IT MENTIONS MY SITUATION, AND THE SITUATIONS OF OTHER INJURED WORKERS:
It is my hope to eventually (maybe now?) retain someone who can wrap it up, and to also ensure that the 4 attorneys who harmed me get little to nothing out of the “15% pot”…. and who ideally will, with encouragement, withdraw their liens.
If any of this may be of interest, and if you agree that submission of a “PROPOSAL FOR RESOLUTION” may be in order before I attempt for force my way back into a job I doubt I can do anymore, I willl find and send the spreadsheet of doctors and their specialities….
I live in Yucca Valley, near Joshua Tree National Park. The WC case is in Riverside. While I understand there has to be cause to move a case, I would be they would be glad to be rid of me and let you move it to LA to get me gone. They know that I know whose side they are on.
If you are interested, and if you could be like the “general contractor” and organize with Nick and any other team players, I am sure that adequate funds could be created to make it financially attractive enough to deal with the mess. I just want out………… I would like $1.3 million and I would like to see these crooks tried, locked up and executed, in accordance with the laws. I’m realistic enough to realize….. those who have the cash kills as they can, without consequences. Fighting back one case at a time is an honorable fight, till last gasps.
If we jointly decide to work together, you might want to know a bit more about me…. I can take my hands off my WorkComp blog for a while, or I can amp it up…… I am open to suggestions and I get it that if I retain counsel, my right to speak out is limited, temporarily.
I think it could be an “easy enough” deal with the work I have accomplished this past year…..getting to SCRIPPS, letting them know my number was $700K before SCRIPPS and that it’s $1.3 million now, based on what I have learned of long term medical needs and consequences of untreated brain injury and untreated rotator cuff tears.
Do you know [xxxx] the structure settlement guy? I have been in touch with him several times. We connected after the CAAA Winter Conference. He thinks I’m a little hot headed….. he may not like me, but he has observed me getting a few things done in spite of the odds.
I hear tales that you work around the clock….. I learned at SCRIPPS about brain fatigue and reserves…. breaks are good for rebooting.
I will head home tomorrow…. coffee with some fellow activists in the morning, so…. onward.
If you have an interest, I’m way open to your direction on how to move forward with RTW and accommodations requests. They have cut my benefits off, so I’m back between a rock and hard place, and it snows a bit where I live, and I’m not willing to look for food banks or welfare offices again. Once was more than enough.
I also lost my “professional credentials”… my Hawaii real estate license, my California real estate borkers license, and my California Notary license, due to cognitive inability to take the continuing ed after paying nearly $1000 for special theraputic glasses and vision therapy, I was able to knock out the CA continuing ed for the broker’s license….that did expire. I have to send them $450 to renew during the grace period; it’s a return to work license required, but I don’t have the $450 to spare with no income from these clowns.
I did have to file for early retirement (DOB 4/8/52)…. so I have pocket money and a will to survive.
Thanks kindly for you consideration Awaiting word from you. I really want out I intend to continue the good fight from the other side….. JAIL BREAK TIME……. HELP ME OUT OF HERE…………….These psychopaths are armed and extremely dangerous. Yeah, I know.
Is WorkComp Simply Domestic Terrorism? ASK THE POTUS! Lawyer Up!
Yo! Mr. Prez, it’s me again. If it’s not one thing, it’s another! Fukushima, Ebola, WorkComp, Central Asia!
I can’t get no satisfaction, and can’t get no medically necessary treatment from that big company, CNA (their CEO, Tom Motamed makes $10.7 million a year in a business that maims (and CAUSES PREMATURE DEATHS!) of America’s injured workers! D’oh!) Earlier this year I even had to call Adult Protective Services due to the financial terrorism, and I copied the State Controller, too. There was a remedy, but no resolution and it started again in July 2014, and I don’t know what to do next.
The State of California paid CNA a BONUS OF NEARLY $20,000 for CNA’S REFUSAL TO PAY TEMPORARY TOTAL DISABILITY PAYMENTS TO ME IN 2012/2013. SOCIAL SECURITY SAYS A FUNCTIONING BRAIN IS NOT NECESSARY TO SELL TIMESHARE. MY STORY IS SAD AND I KNOW YOU’RE BUSY, AND I HAVE TRIED TO GET HELP FROM LOCAL GOVERNMENT PEOPLE, AND QUITE FRANKLY, TOO FEW GIVE A DARN.
I CANNOT FIGHT ORGANIZED CRIME BY MYSELF. Can you pretty please ask Congress to Create a Task Force to investigate WorkComp Crimes against American Citizens? It’s bad, real bad…. Super Lawyers have told me my story is sad, but NOT UNCOMMMMON! Thomas Perez at DOL seems to be doing a great job. Maybe his peeps can be in touch? They seem like Crime Fighters, too! Here’s a picture of him making the rounds on FB, dunno if he really said that, but it’s empowering. WE KNOW HOW HE FEELS!
WE ARE THE MEDIA NOW, ‘BY ANY MEANS NECESSARY’…. HOORAY FOR THE CONSTITUTION!!!
Mr. President, could you pretty please ask your people to ask the Attorney General’s office in California (or heck, in DC) to help me fight the good fight?
LINDA AYRES, IN PRO PER (WITH A BRAIN INJURY, D’OH!)
ps…. No, no… no relation to Bill….he spells his last name incorrectly.
From: Linda Ayres <email@example.com>
To: tina.jordan <firstname.lastname@example.org>; wvoleavesupportcenter <email@example.com>
Cc: mary.falvey <firstname.lastname@example.org>; melinda_rubel <email@example.com>; melisa.paramo <firstname.lastname@example.org>; fred.sachs <email@example.com>; sreubens <firstname.lastname@example.org>; kembria.hahn <email@example.com>; katy.brant <firstname.lastname@example.org>; kate.powers <email@example.com>; alyson.johnson <firstname.lastname@example.org>; christine.dasilva <email@example.com>; margo.happer <firstname.lastname@example.org>; merav.benedetti <email@example.com>; steven.alessandrini <firstname.lastname@example.org>; lori.ford <email@example.com>; jack.dolan <firstname.lastname@example.org>; info <email@example.com>; info <firstname.lastname@example.org>; jackcanfield <email@example.com>; mark <firstname.lastname@example.org>; president <email@example.com>
Sent: Wed, Oct 15, 2014 10:27 am
Subject: Linda Ayres, Wyndham Injured Worker, 14th Amendment Violations and California WorkComp Victim/SURVIVOR
.Dear Tina and All Stakeholders, Friends and Officials:
RE: ACCOMMODATIONS AND FEHA INTERACTIVE PROCESS REQUEST AND ISSUES FOR DOCTOR APPOINTMENT OF 10/17/14
I have not heard back from you regarding the Quality Assurance position in Indio, the training dates for sales in November, or any of the other recently posed questions, in regards to the spread sheet I made, at your request, regarding potential accommodations. This information is required so that the primary treating physician assigned to my case, Dr. Darren Bergey, Orthopedic Surgery, can make proper recommendations for accommodations and return to work status on Friday, and as you know, he has also deferred to the medical opinions of Dr. Hilda Chalgujian.
Dr. Hilda made it very clear in April that my needs for medical treatment were urgent and more than necessary. CNA, Grancell, and Corvel seem to have acted in orchestrated collusion and in defiance of the Wyndham insurance policy and the laws of the land. However they have done it, it has harmed me egregiously.
Below is a map of proximity of Wyndham Avenue of the Arts and Coastline College and the Cognitive Rehabilitation Program that starts Monday, October 20, 2014. Orientation is Saturday morning, October 18th. As part of the accommodations to be explored, will you kindly obtain authorization for complimentary stay at the Avenue of the Arts property for arrival Friday, October 17th, departure Thursday, October 23rd, in order for me to attend the orientation, and seek housing.
It is clear that the Wyndham insurance carrier and defense firm intend the continuous harm to me and it is time for Wyndham to come to the aid of this injured worker. While they continue to fail to authorize treatment for brain injury, they hope to help some of their independent doctors make book with extra evaluation dollars. Stewart is working very hard to get an accurate medical list of records together and he insinuated that the WorkComp Judge authorized their fraudulent obfuscation of facts. I didn’t read the order that way, but who am I to argue with a Grancell Partner/Shareholder. If he says the Judge approves fraud, d’oh….I won’t touch that one.
That’s for higher authorities. He didn’t use those words, but close enough to what I saw, but the refusal to correct the errors was based on skewed misinterpretations of a full day in Court when the other Grancell lawyer had to be ORDERED BY THE COURT to provide more than 300 pages of omitted medical records that had caused seriously incorrect medical reports by 2 doctors in Spring 2013, and then she did it again for the next evaluation in December 2013, alll with clear intent to deny medical treatment to a disabled injured worker due to disabilities, age, and profits.
Clearly matters for higher authorities. Stewart intends to continue the charade with the next evaluation. Does anybody else wonder why so many doctors have been paid to ‘evaluate’ me and none of their recommendations are acted on; all ignored or denied. False prescriptions bills go unnoticed, and Stewart thinks that it’s ok to include in medical records that I saw a brain injury doctor from Casa Colina in October 2012, which I did not, and this is the same doctor who helped CNA override the attempts to revoke my driver’s license in 2012, and same doctor was seen, self-procured in Spring 2013, and apparently lost my file and refused to write a report, when in our evaluation, he said I was an ideal candidate for the Casa Colina Day Brain Rehab Program, and that he was very familiar with Work Comp and knew how to work the system to get me in without much fuss. Then he lost my file and kept my money for the report that he never delivered and never returned my calls?
District Attorney stuff, let the government handle these boyz.
I just want medical treatment and a place to stay while I’m getting it. CAN YOU HELP ME NOW? Fred’s suggestions about the ‘circle jerk’ of more rounds of appeals to Corvel, recently reported to have ‘quasi-black-market’ businesses practices, under investigation, are not acceptable. 1.5 years of that nonsense is enough to make anybody aggravated, with their out of state doctors and illiterate nurses skewing facts from the reports they do receive from CNA/Grancell.
The injury was witnessed, the manager helped me up from the ground after being there for what seemed to be about 5 minutes, and the initial failures that have exasperated my medical conditions started on 1/9/12 when I was not even offered a ride to the hospital. [We had a sales meeting right afterwards, and everybody had a good laugh, and they said, ‘Ewwwwwww, Linda has Fukushima rads from the snowflakes allll over her!!!’]
[I got ‘the talk’ the week before for a picture in the break room about the Fukushima nuclear meltdowns. The manager said it was ‘grim’. D’oh! Ya think! Triple Nuclear Meltdowns in progress since 3.11.11….. yeah, sort of grim for all of us.]
I get it that I have to contend with brain injury because of Wyndham, and because I did not get medically necessary treatment for going on 3 years, when anybody with a functioning brain knows that the first 90 days are critical for care, and that ongoing speech therapy with cognitive remediation, occupational therapy, vision therapy and psychotherapy are key components to such recovery.
So, while CNA suggests I participate in their “circle j**k” by suggesting I submit yet another appeal to yet another bogus denial of treatment, I am asking you to elevate this beyond your comfort zone. I am reaching out on LinkedIn to Wyndham employees globally. There is a COUNT ON ME side to Wyndham, and you can continue to COUNT ON ME to ensure that these horrors are minimized and ultimately eliminated for other injured Wyndham Workers.
I look forward to returning to work and once again being a valuable and valued employee, despite my cognitive impairements. If, however, Grancell’s legal opinion that suggests my injuries are minor, there’s not much more to talk about. Let me know where to report to work, in what position, and I will request release to work with minimal accommodations from both Dr. Bergey and Dr. Chalgujian. Without promise of any medical care, I do not know if they will accept the professional liability of releasing me, under such dangerous conditions. Their responses will likely weigh heavily on your response, and the return to work offered in order to properly recommend accommodations and restrictions.
Your response is required by Thursday, close of business, 5 pm, or will be considered collusion to continue the egregious harm to me, and continued refusal to participate in the FEHA interactive process in order to help me return to work, meeting timeframes intensified by your refusal to meet in August or September of this, or in earlier Accommodation requests of 2014, 2013, and 2012. I will also appreciate confirmation of complimentary reservations at Wyndham Avenue of the Arts property as stated above, with an offer for a longer term discounted rate for the first semester at Coastline, in order to allow me to find proper and adequate housing.
Subject: Tina, it’s a mess that happened on YOUR watch. Can Wyndham Workers COUNT ON YOU?
WWID 415287 AYRES VS WYNDHAM et al ADJ8181903 CNA E3269102
Hi Tina and All,
I hope to hear from Fred Sachs, CNA Adjuster on my situations, by today or tomorrow regarding reconsideration of the Coastline Cognitive Rehabilitation program. It’s unfortunate that the first adjuster, Daniel Elliott, did not pursue Coastline when I first asked him about it. Maybe Fred can do something now.
I added a PS to the initial email:
PS If you would kindly reimburse the more than $27,000 I had to pay for medical expenses on my own, and if you would return the $20,000+ bonus the State of California gave you for refusing to pay temporary total disability payments in 2012/2013, I would haven’t to ask for help to get there, even though you have started the financial terrorism thing again. Bummer. No income since July 2014, and LTD is skewed up because of your chicanery and they cannot confirm they will resume and for how long. BTW, AGGRAVATION IS NOT GOOD FOR A HEALING BRAIN.
Then we will know if looking at a position at the Wyndham Irvine Hotel or possibly Oceanside for sales is the next step. The Interactive Process will help sort that out, but a preliminary decision must be made shortly. Otherwise, I guess the next best option is the Quality Assurance position in Indio. Worst case scenario will be an outreach for fund-raising to help me with accommodations and lodging for the Coastline treatment opportunity, since the bad faith efforts of all concerned seem to have escalated.
[PS! Listen, Tina! It looks like a Specialist Presenter position is open in Long Beach….that’s VERY CLOSE TO NEWPORT BEACH….Steve and Sharon Wilcox might be willing to help me train for that position, huh? As you can see, I’m not shy anymore since the brain injuries….some might even call me a little assertive and overly enthusiastic!]
All Stewart can seem to work on is trying to get the medical records index straight so they can send me to another Orthopedic Surgeon in November for another evaluation so they can cross their fingers that he may collude with the Grancell opinion (not medical opinion) that the right shoulder rotator cuff tear was “non-industrial” as they directed current PTP to change records to reflect, in stark contrast to early medical reports, and in contrast to the premature settlement offer they attempted to coerce me to take, which also required I forfeit my future medical care benefits
(which, in TBI case, CNA providers indicate range from $600,000 to $1.3 million, when TBI is treated! As you know, the only treatment I got authorized started in August 2014 at Scripps and 3-6 months were requested, 16 days were initially authorized, follow up with 8 more, and we did not get the Interactive Process started, even though it was paid for; date of injury, January 9, 2012)
[BTW, if Stewart’s allegations are right, in stark contrast with findings of real brain injury experts, and my injuries are ‘minimal’ then by looking at my resume and my past experience with Wyndham since 2005, it’s easy to see that I could do the Quality Assurance Representative job practically with my ‘eyes closed’….]
Please don’t keep me guessing, I will have to make plans in any event, and unfamiliar circumstances causes cognitive challenges, so I must move methodically and do my best to keep notes and keep them organized.
1. Coastline Cognitive Rehabilitation in Newport Beach with accommodations to include but not be limited to RTW discussions and re-entry in Orange County, to be fine tuned in Interactive Process asap. (temporary relocation required)
3. Wyndham Worldwide – any position available, start immediately since injured worker’s benefits —INCOME– were terminated in July, with CNA profitting by refusal to pay…. Long Beach Specialist Presenter position just posted…. That could be wyn/wyn/wyndham!
4. In the event there is no movement toward Coastline or RTW, final option is national fund raising effort amongst Wyndham’s WOMEN ON THE WAY, COUNT ON ME PROGRAM, with perhaps some hep from ARDA and other hospitality organizations. Wyndham now has a huge opportunity to lead the way to right treatment of injured workers in the mega-billion dollar industry. What has happened to me because of the system fail is unconscionable.
Tina, it’s a mess that happened on your watch. Can Wyndham Workers COUNT ON YOU?
Let’s plan on Monday, October 20, 2014 as the day Wyndham Worldwide took a hard look at their WorkComp systemfails, and began to right the wrongs that egregiously harmed an injured worker and shareholder, and former owner/member.
PS Note to Fraud Unit at cna.com…. thank you again for your call. I did follow your recommendations and I have reiterated my unhappiness complaints to the various agencies you suggested, and it was recommended that I continue to copy your department as I am a protected insured against fraud under the Wyndham Workers Comp insurance policy. We’re all in this together. Fingers pointing at Grancell at the moment, or so it seems. Further investigations and audits seem in order.
I just spoke with the admissions office at Coastline Community Cognitive Rehabilitation Program and I have been accepted into their program. The fees are due by Friday and the cost is $184.00 per semester.
This requires a one year commitment, possibly two years, depending on my cognitive improvements.
The failures of Wyndham, CNA and Grancell can be righted, to some extent, if there is cooperation to help me get cognitive care now for the injuries that were not treated at the time of injury, not during the first nearly 3 years……
See entire post here:
HELP! IF YOU COULD, WOULD YOU HELP ME FIGHT ORGANIZED#WORKCOMP CRIME?
Hey, Imagine this! It’s summer time, people are thinking about vacations to escape from their lives and you own a timeshare, any time share. Nawww, for this example, let’s say you are a #Wyndham owner.
I don’t remember all the different levels of ownership (i have been off work for nearly 1,000 days; their doctors call it a ‘headache’ but real doctors call it a variety of themes on CLOSED HEAD INJURY, TBI, Concussion, Post Traumatic Concussion Post Traumatic Brain Injury Syndrome (PTBIS), but I do remember a goal for all salespeople is to get all qualified owners to “Platinum”….. Strategies include, with the help of “the closers”, to close ‘by any means necessary’…..
(Some of their doctors says it’s just a headache combined with age and poor anger management skills and a consistent “GAF” of 55-60…D’oh! )
So, you arrive at the sales office, anywhere, Big Bear, Indio, Sedona, Las Vegas Honolulu, Lahaina, Rome, Chicago, New York, your local resort area, wherever…. for your “FREE GIFT” in exchange for 45 minutes of your time.
Your sales agent does a stellar job of showing you how another investment of thousands and thousands of dollars will enhance your vacations and ensure fabulous vacations for you, your kids and your friends…for generations.
You politely decline the offer to upgrade.
The salesperson’s demeanor drops. Tears fill her eyes. She starts swearing at you, then sits on the floor and sobs hysterically, saying, “OMG, this is soooo goood for you. HOW CAN YOU SAY NOW” or words to that effect. You calmly say, “We’re leaving now, we want our gift. Good luck to you.”
And the sales agent, sobbing, says, ‘BUT THE DOCTORS SAID MY HEADACHES WOULD GO AWAY IF I TOOK ANALGESICS, AND IN DON’T HAVE A HEADACHE RIGHT NOW, AND THEY SAID MY CORRECTED VISION IS 20/20 SO THERE’S NOTHING WRONG WITH ME. THIS IS A GOOD UPGRADE FOR YOU, WHY WON’T YOU BUY IT?!!! LET ME GET THE CLOSER, I MEAN, LET ME GET THE MANAGER, HE MIGHT BE ABLE TO GET YOU TO UPGRADE….. SIT THERE, WE’RE NOT DONE, WE HAVE 20 MORE MINUTES OR YOU GET NO GIFT. YOU’RE FREE TO GO, WITHOUT A GIFT. YOUR CHOICE. WHAT WILL IT BE………….!!!!!!
“You look at one another and quietly sit, waiting for ‘the closer’ with the big hammer.TO BE CONTINUED……~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Awww, that wasn’t a real story, but it could be since the #TBI. The Defense Counsel mentioned that I have a remarkable ‘propensity for writing’ and he received approximately 4 boxes of legal material, and most of it was mail and emails from me. He insinuated he would not be reading it.He put our communications on a twice-a-month maximum, even though I assured him I don’t want no lawyer-pen-pal and that I just want medically necessary medical treatments for closed head injury of 1/9/12 (and consequent second impact injuries of 2/4/12 along with related orthopedic injuries; treatment authorization withheld for all since date of injury, and gross negligence and bad faith actions have been the norm.)
He also advised me to have no contact with the Insurance Adjuster nor my Employer, #WyndhamWorldwide.
Geeeez, I’m representing myself and if I was a real attorney, I think his request would be …… wrong. Whatever.
He said if I did communicate with them, he has instructed them to not respond. HOW ON EARTH AM I SUPPOSED TO GET APPROVED FOR RETURN TO WORK. NO DOCTORS WILL BE RESPONSIBLE TO RELEASE ME, AND I AM NOW NOT ‘ALLOWED’ TO CONTACT MY EMPLOYER TO ORGANIZE ACCOMMODATION REQUESTS AND A RETURN TO WORK DATE?
Their doctors say there is nothing wrong with me, just an occasional headache, age, poor anger management when bullied and terrorized, and vision is corrected to 20/20 with therapeutic lenses prescribed, with complete report, by a Neuro-Optometrist. (that they refused to pay for, too! and have no knowledge of how vision is with the brain, not the eyes, d’oh! Neurologists are a goofy crowd, arent’ they…. If you get a brain injury, see a neuro-optometrist as soon as possible…by any means necessary…along with an acupuncturist….and any other ‘experts’ you can find…THE BRAIN IS A NEW FRONTIER….. GIDDYE UP)
So, yesterday I interviewed yet another attorney. I had an appointment with a guy attorney, and when I got there, they said I would meet with some lady. Tsk. My eyes tear up, and off I went, sobbing an unable to talk. I said, “But I was referred to Mr. ___. Who is this lady? Is she an attorney? I just drove 90 minutes to get here, and they said we could do it over the phone, but I have had such bad experiences with attorneys, I wanted to look him in the eye before considering releasing my case to him or his staff”….sobbing commences….. and the very nice receptionist brought a box of tissues.
It was a ‘casual day’ for the attorney, but he came out to meet me, and chat a few minutes, and assured me that his colleague would be a powerful ally, if they took my case. I stopped crying, met the other attorney, and found her to be very helpful, kind, knowledgeable and street wise. They declined to help; not because there’s no case, but because it’s so convoluted and I know it better than anybody, so they encouraged me to continue to represent myself. D’oh. Oh well. She also suggested that I am far better off than most people who come to their offices. THAT’S A BUMMER, BECAUSE A HIGH IQ TBI SURVIVOR APPEARS ‘NORMAL’ (at times! ;D ) but it’s like people can’t see the neurons mis-firing, so they falsely allege there is ‘no immediate danger’.
Brain Injury Advocates
The Emergence of the People with Acquired Brain Injury Human and Civil Rights Movement
FURTHERMORE….. Swearing and Emotional Outbursts….seem to be a common occurrence for for some #TBI Survivors. Here’s a real story:
In March, in meeting yet another ‘head doctor’…. I had a 2 pm meeting. Even to get around in towns I know, I need to fully prepare. I print a google map, and use GPS, give myself an extra hour to get somewhere, I call it the ‘lost factor’ and I cross my fingers. I arrive at 1:45. I park and find the right building in the complex. I find the suite number. There are painters everywhere. THE DOOOR IS LOCKED. Fighting panic, I calmly call the doctor’s office to confirm date, time, location (sometimes I get those way wrong!)…. I GET VOICE MAIL. Fighting panic, I ask a painter for help. “Could you, please, knock on the door louder? They have to be there. I have a 2pm appointment!” while fighting back tears. The kind painter smiles, knocks and says, “There was someone here earlier, maybe they will be right back.”
TEARS FILLED MY EYES. I SLUMPED TO THE FLOOR AND WITH BACK UP AGAINST THE WALL, SOBBED HYSTERICALLY. (This is becoming a pattern; I’m told they ‘have a drug for it’…. D’oh!!!) A Property-Management-Looking Lady walks by with a Painter and I stop them and say, “DO YOU HAVE AN EMERGENCY NUMBER FOR THE DOCTOR?” With raised eyebrows, looking at me sobbing on the floor, she calmly says, ‘Is there an emergency?’ I said “YES. I HAVE A 2 PM APPOINTMENT AND IT’S AFTER 2 PM AND THE DOOR IS LOCKED”…..Sobbing…..waiting for a response. She said, “I may have a number in the office, I’ll be right back.”
SO, THEN ALONG COMES ANOTHER LADY, and looks at me sitting on the floor, sobbing hysterically. It’s the doctor. She says, “The door was unlocked, I had to go out for a moment.” Still sobbing, I said, “NO IT ISN’T UNLOCKED. THE PAINTER EVEN TRIED BOTH DOORS.” Apparently, the earlier patient locked it on his way out. I GOT UP OFF THE FLOOR, WALKED INTO HER OFFICE, AND WE PROCEEDED WITH THE FIRST VISIT, AS IF NOTHING WEIRD HAD JUST HAPPENED.
HALF-WAY THROUGH SHE SAID, ‘You know, that little event outside is NOT UNCOMMON for someone with a head injury.’ I gasped and said, “OMG, it happens more and more often. Last time I was at Court, it was heinous with the fraud and bullshit and when I got outside the Court building, I found a bench and sobbed hysterically, as if my life was over. They even called Security to see if I was ok. Then, the nice Judge walked by, a little later, as I was trying to get to my car, and all my files had spilled out of the cart on the steps to the parking area. He kindly helped me to the car and told me not to drive until I was more composed…It was a 2 hour drive ahead. So yeah, the Judge has seen my meltdowns, in and out of Court!
BUT, THE #WYNDHAM, #GRANCEL, #CNA doctors say I’m just fine, so by logical deduction, that would lead me to believe I’m about ready to be returned to work.
The Head Doctor has been out of the country…. and in April, she indicated I had about a 6 month window to get medical treatment, or this is as good as it gets.
TIC TOC THANKS #WYNDHAM. LET’S GET THAT RETURN TO WORK PROGRAM IN MOTION, AND WE’LL SEE IF I NEED A CRYING ROOM OR SOMEPLACE ‘SAFE’ AS AN ADA ACCOMMODATION.
Or, as previously mentioned, create a new position so I can help your HR Departments ensure that the horrors I have been subjected to by the gross negligence of your staff and the terrorists activities of your agents happen to no other American Workers. Who knows, maybe this horrible series of events can encourage #Wyndham TO LEAD THE WAY IN LEGITIMATE HANDLING OF WORK COMP INJURIES. IT WILL COST LESS IN THE LONG RUN…. REMEMBER REMEMBER….SEVERAL DOCTORS HAD ADVISED THAT …WITH MEDICALLY NECESSARY TREATMENTS…I MIGHT HAVE RETURNED TO WORK IN 2012.
The Orthopedic Doctor’s report of June 6, 2014 has been delayed, and his office said, “OUR HANDS ARE TIED. THIS IS AN ORTHOPEDIC OFFICE AND YOU NEED A BRAIN DOCTOR.” Quietly, I said, “I know they have threatened to take your off their referral list if you continue to ATTEMPT to get medically necessary treatment for my well diagnosed brain injuries. I requested repeatedly a brain specialists, and the Defense, in collusion with the WorkComp Information Officer, insisted that I see your doctor, Orthopedic Surgeon, and that HE WOULD BE RESPONSIBLE FOR ORGANIZING MEDICALLY NECESSARY REFERRALS AND TREATMENT BY SPECIALISTS. IF YOU COULDN’T DO THAT, YOU SHOULD HAVE DECLINED IN FEBRUARY 2013, NOT NOW, AFTER MONTHS AND MONTHS OF FAILURES TO GET MEDICAL CARE FOR ME. YOU TELL THE DOCTOR HIS REPORT IS NEEDED AS I AM STILL FIGHTING FRAUDULENT DENIALS OF MEDICAL CARE, AND HIS LAST REPORT WAS OMITTED FROM THE CURRENT REQUEST BY THE ADJUSTER AS WELL. THE DOCTOR KNOWS WHAT TIME IT IS. TELL HIM WHAT’S HAPPENING NOW.
I’M HANGING UP NOW, AS I AM BEGINNING TO LOSE MY TEMPER. WE SPOKE FRIDAY, AND NOW IT’S WEDNESDAY. WHERE’S THE REPORT? IT WAS DUE WEEKS AGO.
Why America is NOT the greatest country in the world…
Then read this:
#WorkComp #Talk about an Insurance Racket!!! #WyndhamWorldwide…. not only have their representatives refused to provide reasonable and appropriate medical care for nearly 1,000 days to a California injured worker:
They caused the injured worker compounded injuries by failure to treat, and further caused IW to have to apply for ‘welfare’ and other assistance via the Salvation Army and United Way (as a recommended remedy by State & Utility representatives) to keep utilities on and roof over head (while #CNA enjoys a nice tax-payer provided free loan, as a pattern and practice , from the #StateOfCalifornia for nearly $50,000 (times how many other injured workers??!!)
Is that another example of FREELOADING CORPORATE WELFARE SANCTIONED BY THE STATE?
NOW THEY WANT TO have a useless TALK ABOUT A TOKEN/nuisance SETTLEMENT….
….FOR THE ‘MINOR brain INJURIES’ after providing, since 1/9/12, a few chiropractic sessions, 6 physical therapy sessions, approximately 14 clinical psychology appointments in 2012 that included conversations with the adjuster regarding severity of injuries, and one doctor suggested self-procured ‘day planner’ for $500 for brain injured people, while offering a pirated CD to help injured worker ‘breathe 7 breaths a minute’, along with techniques to ‘mask BRAIN INJURIES’ with admonition from their doctors to “never tell anybody you have brain injury, it comes with a stigma’.
#NAIDW, National Association of Injured and Disabled Workers, has been a great source of hope, with their slogan, “NO INJURED WORKER LEFT BEHIND”…. Seek them out on the web!
Then, #Wyndham defense firm SUGGESTS FURTHER SHIFT OF MEDICAL ‘TREATMENT’ with BAMBOOZLING DISREGARD….TO THE OBAMA CARE/AFFORDABLE CARE ACT PROGRAM, WHICH WE ALL KNOW DOES NOT EXIST EITHER.
TALK ABOUT A RACKET, HUH? Racketeering??!
The theory of the Wyndham Defense Firm seems to be solidly perched in complicity in fraudulently created medical reports by 3 of their doctors. Out of 35, their 3 paid-‘doctors’, without expertise in brain injury, minimize the extent of the injuries, brain and orthopedic, and suggest ‘over the counter analgesics’ a MTUS recommended guidelines for diagnosed injuries, with clear intent to deny medically necessary treatment and to expedite death.
Does WorkComp insist on sending brain injured workers to ‘podiatrists’ for evaluations?? Ought to be some law enforcement, huh?
It sounds like more than 30 doctors will have to be investigated for #WorkCompFraud if the 3 insurance company owned doctor’s reports are not pure FRAUD… IF THERE WAS NO INJURY TO THIS WORKER, OR IF IT WAS MINIMAL, WHY HAS SHE NOT BEEN RETURNED TO WORK, WITH OR WITHOUT ACCOMMODATIONS, FOR NEARLY 1,000 DAYS???!!!!
Or…..for a more efficient legal investigation, perhaps a review of the 3 insurance doctors and the defense counsel and insurance adjuster is in order by the Office of the District Attorney, as they have been most instrumental in the failure to provide medically necessary treatment. Oh, let’s be sure to consider CORVEL, Crowe Paradis and MAXIMUS collusion as well. WORK COMP IS A BILLION DOLLAR INDUSTRY…..LOTS OF OPPORTUNITIES TAKEN FOR ACTS OF FRAUD, WITH PLAUSIBLE DENIABILITY, HUH?
See the David DePaolo story on WorkComp Grand Jury Indictments….somebody is doing their job, at least it’s a start:
“A couple of stories in this morning’s WorkCompCentral News provide substantial evidence (you knew I had to work that in!) of that concept.”
“A grand jury indictment was unsealed yesterday alleging a huge financial kickback scheme involving compound drugs, doctors and pharmacists, some of whom are “regular” names in California workers’ compensation and within the Greater Los Angeles area (recall that recent studies reflect dramatically higher costs in that geographic zone compared to the rest of the state).”
‘Puzzling, Baffling, Mysterious, Befuddlng’….. with your tax paid dollars…… THINK THINK THINK.
Should the corporate slogan for #WyndhamWorldwide aka #WorkMarkbyWyndham be something along lines of:
“WyndhamWorldwide. NO INJURED WORKER PROVIDED WITH MEDICAL CARE. PERJURY AND FRAUD PREVAIL; Policy & Procedure: DENY MEDICAL CARE BY ANY MEANS NECESSARY. HERE HERE TO THE CORPORATE BOTTOM LINES” ???? !!!!
#OccupyWyndham #OccupyWorkComp #OccupyWorldMark
#WorkComp? Americans Maiming and Killing Injured Americans for Profit