Subject: VOICE MAIL RE: LINDA AYRES VS. WYNDHAM WORLDWIDE CNA 33269102WE – COASTLINE LODGING, SSA RECORD OF PAYMENTS, MEDIATION (Fred Sachs voice mail)
Hi Fred, Stewart, Tina and Michael and Shane:
People keep telling me not to take these atrocities personally, that CNA is doing this to all injured workers. They say the law allows it. I don’t think so. Fraud is a felony, that means it’s against the law.
Anyhow, attached is a voice mail message with Fred Sachs.
IF you guys can organize comp rooms at the Ramada Inn-Newport Beach on Superior Avenue, starting next week, I still have a chance to resume Coastline Acquired Brain Injury Program. Without such help, I cannot return. I’m not asking for an advance on anything because the $5,000 you provided in January to pay for lodging, Matrix called it “income” and says it gets ‘subrogated’ and I am paying that back to them. I tried to explain that it for treatment, so in essence, you gave Matrix $5k, not me, I was apparently just the intermediary. I hope that doesn’t make me complicit in some sort of insurance con-job. Yikes. So, Tina Jordan or Michael Doughtery may be able to provide lodging so I can return to Coastine and you can figure out how to pay.
Without Coastline, I would have to say you have succeeded in fully destroying my life. I know you don’t care, Shane Reideman made that very clear last fall when he called and asked me, “Tell me, Linda, when ARE you going to die?”
So, are we going to mediate with Judge Siemers? I understand he is the only Judge who can deal with a case of this complexity?
If I’m not going back to Coastline, we can mediate with Judge Simers any time. Looks like I have the rest of my shortened life span to fool with Workers Compensation, and perhaps make a difference to my fellow Americans. If not, I die trying, huh? (Shane, happy now?)
I told the intermediary that I don’t fly,[radiation levels way too high, if you read the news] but I could drive to SFO (would need a rental car, per diem, and lodging) but that would be my compromise, or perhaps the Judge come to Los Angeles. His CV is outstanding. I might be able to trust him.
I need the CNA list of what has been paid to me. I’m almost out of time to appeal their demand for a return of more money than even they gave me. They have edited their calculations a few times. Le’s find out where that allegedly monthly payment of approximately $4,000 since May 2014 has been diverted to? (Shane, is that the type of fraud your department handles??) Would you believe they even sent the initial retro-pay to a dead back account, even though my SSA retirement money had been coming to a different account for over a year? The Treasury agent found that of extreme interest.
OK, let me know where we are.
Have a great day, and “Dodge those Rads – It’s Dangerous Out There!”
ps… So, if the below is true, then there is some validity to the CNA rest and rest and rest and rest and wait and wait and wait approach to ‘treating’ a traumatic brain injury for more than 3 years 7 months, huh? No wonder I wake up ready to take on the world for the first hour or two of the day.! Thanks guys and gals!
C’mon, I want out of WorkComp, I want the 15% legal fees to be donated to Coastline Acquired Brain Injury Foundation, and I want a reasonable settlement to enable me to forget I ever crossed paths with any of you Oh, yes, I want some sort of restitution program by Wyndham/CNA/Grancell to ensure they never have the opportunity to harm another injured worker like this again. Maybe I can be on the Board of Directors of such an organization.
Stewart, can you have someone look into setting something like that up? Thanks. No rush, looks like we’re going no where toward settlement, so there’s time…. since no treatment cut my life span by more than the 8 initials years estimated by the Brain Injury Association of America, looks like we have maybe another 10 or 15 to use the media to make a difference in America? We’ll, let’s try. COUNT ON ME to do my part!
Have a great day, Everybody. I have no place to be…oh ohhhhhhhhhh…. the piano tuner is coming today. I read that playing the piano is supposed to help with brain recovery so as Stewart and Fred know, I bought a piano last year, or maybe 2013, I don’t remember. I didn’t realize, at the time, I had to learn to play it for it to be effective. A local piano teacher had me is some very simple VERY SIMPLE VERY SMALL CHILDREN’S BOOK. She was kind, but aghast at my cognitive impairments. Most of the kids she teaches start with two very simple books. We had to break it down to just one book for me. I guess if I don’t really get to return to Coastline, piano lessons are back on the agenda.
Fred, wanna pay for them? There’s also a company called LearningRx… There’s help out there for people with brain injuries, I just don’t know how Thomas Motamed can run an organization with people in the dark ages about something as simple as NEURO-SCIENCE. He takes in $10.7 million plus a year for harming people like me? Yecccch. At least at Grancell, peeps get “Bagel Fridays” and at Wyndham, well, if you’re on the A-list, you get credit-worthy tours. It all comes out in the wash, doesn’t it.
Ooooops, that was not intended to refer to ‘money laundering’ that seems to be a part of the workcomp biz models! People tell me to refrain from slinging around words like felony fraud, RICO, corruption…. I don’t swear half as much as I used to…swearing is another consequence of brain injuries. Shane, remember how I ended our Fall 2014 conversation, when you asked, “Tell me, Linda, when ARE you going to die?” Yeah, that F**k YOU! was a knee jerk reaction due to TBI.
Years ago I asked an ol’ Sicilian Godfather type character, “Will you tell me, please, what is the secret to making lots of money?” He said, “I will tell you. It is very simple. You find a need, then you fill it.”
What I have discovered about the majority of the members of the California Applicant Attorney’s Association membership is that they are generally burnt out, angry, disgruntled, overworked, screwed out of a decent wage by the chicanery of the Defense firms, and the end result is more casualties in the American Work Force. I’ve talked with plenty of you, from here to Northern California. Most of you have been polite and cordial, but compassion is a rare quality in your ilk, isn’t it?
In my case, people say, ‘Oh. She had 4 attorneys. She must be hard to work with.’ BLAME THE VICTIM, THAT’S HOW YOU SLEEP AT NIGHT?
Because the majority of CAAA attorneys seem impotent in the Art of Negotiation, and seem to feel condemned to working for what probably figures out to be about $10.00 an hour? The end result is badly managed work comp cases, workers that don’t get medical care, and as one of the four retained and dismissed in my case advised:
“Most of my clients don’t get medical care, they lose their jobs and their homes; it’s just how it is.”
That one attempted to coerce me to accept a premature settlement offer for a 1/9/12 brain injury for the ol’ $100,000, less legal fees, in November 2012, without benefit of having seen the specialist doctors recommended repeatedly, and denied not by UR but by the adjuster and the defense counsel.
He advised that, “Nobody will believe you have a brain injury. Work comp is a small community….” I told him I was injured not stupid and that if nobody would believe it was only because he didn’t do his job and get me to brain injury doctors, as repeatedly recommended by all the evaluating doctors I had been sent to. How much money did the approximately 40 evaluating doctors plus CorVel & Maximus peeps make off my life so far? How much do the defense attorneys make by continuously harming me? And how about those adjusters and their fraud department that backs them up?
I’ve spent close to $50,000 on medical expenses trying to Survive WorkComp, and to clean up the legal messes CREATED BY YOUR MEMBERS, and have lost professional credentials and earning capacity, and I haven’t worked since 1/9/12. Just because I can type doesn’t mean my brain injury healed on the rest and wait and wait and wait and wait CNA plan.
If CAAA members learned a bit about negotiations, they might find it reasonable to find alternatives to scavenger, bottom feeder type holds with liens when prior counsel has done nothing but harm the injured worker by doing a poor job, or no job at all.
One attorney’s I retained, when I advised his office they were being retained because the defense has a nasty pattern and practice of omitting hundreds of pages of medical records with intent (and success) to deny medical care, I was assured I would not be sent to any evaluations until the matter was resolved. Was that ever a whopper, committed by non-supervised “case manager’ practicing law without a license, another pattern similar to the QME/AME doctor reports written not by the doctors, but by the non-medical staff.
Then, in writing, he battered me and accused me of desperately needing mental health care, and arrogantly stated that “There is no conspiracy to omit medical records in your case.” He sent me to a very dubious AME eval, without medical records, and I am still paying for his incompetence. By the way, it took nearly 8 hours in Court to get the Judge to order the Defense to send the omitted records to the two involved doctors (of the time) and to request a supplemental report. Well, she sent them all right, not separately, not identified, but just in a new disorganized box and suggested the doctor find them and see if they made any difference in the conclusions. Then she did it again with the next QME, in December 2013. That’s 2 attorneys and highlights of their arrogance and incompetence.
The first one hardly counts, as it was not an attorney at all, it was a 60 second meet and greet with the attorney, then turned over to the Office Manager, who chanted, “There is no psych component to a WorkComp case” and promptly (next day) had me scheduled with an Orthopedic Surgeon on El Paseo in Palm Desert — FOR A BRAIN INJURY. I got lost trying to find the front door, and entered through the employee entrance in the back — nobody but me found that odd. The last one, rather than read the files I sent, and deal with the mess created by #3, merely agreed to yet another Orthopedic evaluation in late 2013.
Primary treating doctor has been an Orthopedic Surgeon (from 2/2013 through 12/2014 — I have had NO PTP since 12/2014—hardly matters, as there has been little-to-no care, just excessive evaluation upon evaluation, in true WorkComp Gravy Train fashion.
That’s 4 attorneys — #1 for 30 days in 2012, #2 for 9 months in 2012, #3 for 90 days in 2013 and #4 for 45 days in 2013/2014. When I have asked them to release their liens so that I can find an attorney to help me, they just say no.
The office of #3, in an attempt to console me, said, “Oh, it makes no difference to you that he won’t release the lien You get the same in any event. It doesn’t matter if you have 1 or 5 or 10 attorneys, they divide up the 15%.” I said, but you don’t understand, each of the 4 did more harm to me than the other, and I have a brain injury, and I can’t figure this crap out, there’s no integrity, fraud is NOT prosecuted, and the defense just makes stuff up and the WCAB supports it, and I can’t find competent counsel to represent me.
I’ve been told everything from “there’s no money in it” “previous attorneys didn’t do their job” “the medical records were not properly developed” “there’s too much fraud—it’s over my head” “you’ve already had 1 attorney” “you’ve already had 2 attorneys” “you’ve already had 3 attorneys” “you’ve already have 4 attorneys” “nobody will be #5”
I asked one Judge to authorize me to pay someone hourly to help me. I can’t even find legal aid or a paralegal to help me. It seems that the WorkComp rackets have everything locked down. There are even federally funded brain injury advocacy groups THAT REFUSE TO HELP AN AMERICAN WITH BRAIN INJURY IF THE INJURY HAPPENED AT WORK!
I have a brain injury plus it’s work comp. The Information and Assistance office has clearly given me erroneous information SINCE FIRST MEETING IN 2012, and badgered me, abused me, violated ADA and civil rights, and made it quite whose side she works for. In Injured Worker circles, the experience of most I & A Officers is the same, so I don’t take it personally. But, know that when you tell injured workers to see the I & A officer, you’re condemning them to more harm, and your credibility is further reduced.
WHAT IS A SOLUTION?
I tell you this because it’s identifying a need, that you can fill, and I can only scream about. Your industry vendors are even afraid to work with/for an Injured Worker, in Pro Per. Your industry doctors, playing hot shot, even return properly served medical records and threaten to sue an injured worker for daring to properly send such documents. Your vendors make it clear that they only take directions from “the adjuster” or “The Defense”.
I even asked at WCAB for a list of possible attorneys in 2013. I found one who answered his own phone. Trouble is, he no longer works for injured workers. He works for The Defense. I got quiet and asked, “Tell me, why did you go to the Dark Side?”” He got quiet and said, “Because that’s where the money is.”
So, for starters, if you are approached by an injured worker with a brain injury, if you know nothing about brain injury, give them immediately a letter of non-engagement, and a referral if you can.
Then, set up some training sessions for your members for negotiations, and start with studies of Psychopaths…ie. DEFENSE AGAINST THE PSYCHOPATH. It will help your members understand the Defense, and may reveal similar traits that may cause them to just head over to the Dark Side.
Watch it again, and tell your friends and neighbors.
Then, in each of your offices, set up an InProPer division, or something similar, with a Paralegal component, and an hourly fee, with a provision to take over the case when attorney liens are withdrawn.
DO SOMETHING TO HELP CLEAN UP THE MESS THAT YOUR INCOMPETENT COLLEAGUES CREATE, AND GET THEIR FANGS OUT OF THE LIENS THAT RESULT TO NOTHING FOR ANYBODY.
OH YEAH, OPEN YOUR FANCY CONFERENCES TO INJURED WORKERS, PARTICULARLY YOUR EXHIBIT HALLS. IF YOU WON’T REPRESENT US, HELP US FIND THE RESOURCES TO REPRESENT OURSELVES.
Do some client follow up…… you may find gross dissatisfaction with your industry by injured workers and doctors. You can blame injured workers all day long for your own shortcomings, but…in the end, you know the truth.
I will never forget the attorney who called me back around 8 o’clock one evening, screaming and swearing that he was working so late, and when I explained my case, to the best of my abilities, he called me “one of those work comp pariahs” and that he knew the defense counsel. He assured me that ‘fraud’ was not a possibility; “incompetence, yes, but she is not capable of fraud”…. (That was his opinion; evidence points in the other direction.)
GIVE IT SOME THOUGHT…… IF YOU CAN’T HELP INJURED WORKERS, EITHER FIND SOME WAYS TO HELP THE IN PRO PER POPULATION, OR BE ASSURED, WE WILL DO ALL WE CAN TO GET YOU OUT OF THE EQUATIONS TOTALLY, and FIND WAYS TO HOLD YOU AND YOURS ACCOUNTABLE FOR THE HARM YOU CAUSE TO THE INJURED WORKER POPULATIONS IN CALIFORNIA, AND YOUR COLLEAGUES IN ALL STATES OF THE UNION.
CAN’T WE ALL JUST GET ALONG?
Look for the In Pro Per OBJECTION TO A FRIVOLOUS ORDER TO COMPEL ……COMING UP THIS WEEK….
Thank you again for the hotel discount vouchers. I am heading out to Newport Beach shortly, but I had promised Stewart Reubens of Grancell that I would respond to his recent emails by today. That was compounded and exacerbated by the unbelievable denial of medical care out of Maximus, the California ‘end of the road’ agency. The doctor received ex-parte records and he was either off-his-meds, had too many martinis, or might be subject to drug testing or else? I found other reports by the same doctor on the internet.
Maximus personnel was very nice when I told them we have a problem with the report as the fraud is egregious. They told me on Friday to send a request to them for reconsideration before sending it to the the WCAB appeals people. This is it. It is my experience that when dealing with WorkComp legal/medical fraud, facts mean nothing to the perpetrators, and legal chicanery prevails. Taking matters to the Virtual Streets seems to be the one and only hope for injured workers. My list of fraud allegations and perpetrators is long indeed, provided, in part, already to the FBI – Palm Springs Office.
Well, that’s another quandry, as it is somewhat out of synch. Before I hit the road, I will try to respond in this letter to both Stewart Reubens and the Maximus help people, and copy “supplemental people” as Stewart calls them, and I will put it on the internet as well.
As I looked through it all, I remember that in 2013, CorVel had authorized modified care to include a couple acupuncture and chiropractic treatments, but Grancell again refused to set up those appointments and the Judge had to tell Ms. Mall to just do it….that took about 9 months. Ms. Mall, the first Grancell attorney, has a knack for telling whoppers, and she is the first to incorrectly tell doctors that I had a head injury in 1993 and another in 2008. No doctor until January 9, 2012, Dr. DeGoede whom the CIGNA Employee Assistance Program sent me to is the first I had ever been diagnosed with a brain injury. In the reports to doctors that Grancell is now attempting to have me evaluated by, Stewart is telling them of his opinion (non-medical, based on no medical evidence) that I have had previously diagnosed brain injuries and treatments. They both, Kim and Stewart, lie when they say I withhold info of a car collison of 1993 and 2008. Both I recovered from, and neither had ever suggested a head injury. Kim and Stewart seem to like to practice medicine at my expense. They also like to put the 2012 EEG report of head injury to falsely show it as a 2010 report of head injury, although the doctor apologized for the mis-dated report, but any thinking person could read the report and see it was in fact done in 2012. The doctor was not even in California in 2010, when Grancell attempts to mislead doctors.
The Maximus report I received last week falsely states numerous things, including what appears to be a set up for a fraud investigation at my expense. Somehow that doctor says the right shoulder was the primary industrial injury and that the injured worker [me] did not report a head/ brain injury until weeks later following an incident at home. They disregarded the medical records I provided, and just seemed to follow exparte communications,
Well, that’s further insult to further injuries. Take a look at the DWC-1 form that I was given on January 9, 2012, without any insurance information on it and see what it says about hitting my head real hard.
These actions are quite similar to the deceptions caused by Ms. Mall when she omitted approximately 300 pages of medical records to QME/AME doctors in 2013, and encouraged them to falsely opine prior head injuries, moving the date of reported injury not weeks, but into the future of 2013, and they used medical records of 2012 as ‘evidence of pre-existing head injury’. When brought to THEIR attention, those corrected the date of injury on their report, but not their false allegations, nor did I get any of the recommended since January 2012 medical treatments. UFB, for sure, but it has kept me from medical care over 3.5 years, and has kept the legal/medical files churning, to the point somehow Grancell got the Judge to authorize even more evaluations.
The Exclusive Remedy and Labor Code of California does not say insurance carriers are to provide evaluation after evaluation….it is allegedly about providing medical care as an exclusive remedy to civil rights and law suits. It apparently requires DOJ/FBI/DA intervention to help companies like Grancell with proper interpretations of the law, and perhaps RICO support.
Now, I have provided the Maximus report to my State Senator and have asked for intervention to involve the District Attorney – Corporate Fraud Unit and the FBI for similar task force. I am hoping that Michael Grabell of ProPublica is tracking what I send, or perhaps Ana Garcia of Los Angeles is another investigative reporter that may become involved.
So, for the record, I have asked Fred Sachs, CNA Adjuster and Stewart Reubens, Defense counsel of Grancell Stander to cancell all the appointments that were in violation of my right to be heard by the Judge at WCAB with ADA accommodations (first they said they would not accommodate for ADA, then they changed the date of the hearing, then they cancelled the hearing, then I started receiving notices of appointments with non-specialists in the field of brain injury, auditory processing, vision processing and chiropractic and acupuncture have been denied again.
My total out of pocket expenses to date because CNA refuses to provide medical care now exceed $43,350.44 since date of injury, 1/9/12. While all the medical reports indicate that I received medically necessary treatments, they don’t seem to account for the fact that I paid for most all of it myself. CNA, for a brain injury, paid for a few clinical psychologist sessions in 2012 along with some chiropractic; in 2013, they paid for 6 physical therapy and a few more chiropractic, in 2014 they paid for some acupuncture and 24 sessions of speech therapy, physical therapy and occupational therapy, cut short from the 3-6 months of care that was requested.
The current CorVel modified recommendations included neuro-optometry eval, neurology consult as requested last April 2014 to review the EEG with corollary medical evidence. Let’s get those issues handled, sort out the inaccuracies of the Maximus report, let’s get the FBI and DA-Corporate Fraud units involved with the CNA Fraud Unit representative and let’s organize a claim audit once and for all.
The allegations by Maximus that I sustained a shoulder injury at work and a head injury at home…. well, that seems to be a last straw, doesn’t it? The Maximus report also alleges there is no evidence for continuation of any of the ACOEM/MTUS guideline recommended treatments for traumatic brain injury. I think that doctor also suggested I failed to return to work at some point.
Holy Moly…. Tina, tell them how hard I have been trying to get back to work and that your hands appear to be tied by the defense counsel and carrier? Remember, in November 2012, my attorney of the time, in collusion with Ms. Mall of Grancell, attempted to coerce me to accept a $100,000 settlement, forfeiting all future medical, disability and it required that I quit my job (oh yes, it also mentioned the shoulder injury along with the closed head injury, but Ms. Mall’s team apparently threatened my primary treating doctor’s office more than once with dismissal from the alleged MPN if the early records regarding the right shoulder were not changed to ‘non-industrial’ ….they tried to call me MMI orthopedically last summer and did so this December, deferring to Neuro/psych doctors for head/braininjury after cancelling my appointment for their final report.
I have had no Primary Treating Doctor since December 2014, and Dr. Hilda withdrew from the case in April 2015, and Stewart says it’s not his job to help me get medical care, and that I can choose my own doctors. If that was so, why did I get stuck with an Orthopedic Surgeon since April 2013 with no knowledge of brain injury, and every referral was dismissed, and finally Ms. Mall said his referrals didn’t count because he is bone doctor not a brain doctor. D’oh — not verbatim, but words to that effect.
Because I retained incompetent legal help for 30 days in 2012, then 9 months in 2012 (that guy tried to get me to accept $100K, less attorney fees, with the above restrictions and said, “Nobody will believe you have a brain injury” and I said that’s because he didn’t get me to any brain doctors as everybody recommended, and I assured him I am INJURED NOT STUPID. The next attorney was retained in January 2013 because of the pattern and practice of Ms. Mall (and now Mr. Reubens) to omit medical records with intent to deny medical care—- and fortunately for other injured workers, that attorney who mis-represented me for merely 90 days, is allegedly retiring and just returned my file. He, like the other 3, refuse to release their liens, and as their staff says,. “Oh don’t worry, the 15% doesn’t come out of your part”…. They seem to fail to grasp that no competent attorney will clean up their … failure to represent and failures to do their jobs…. and be willing to split a fee. These applicant attorneys seem to be bottom feeders, yet Ms. Mall and Mr. Reubens like to suggest that there’s something wrong with me for having dismissed 4 incompetent representatives.
I have to head out to Coastline Acquired Brain Injury Program and I have found a local psychologist who will meet with me and help me, I hope, sort out the rest of my life since it also does not not promising that I will be able to complete the Coastline ABI program, and will have to find a way to return to work at the conclusion of the Summer Session.
I have asked Fred Sachs, CNA Adjuster, again for a treating doctor of neurology and neuro-psychology in the Palm Desert/Palm Springs area. Dr. Seymour Young, neurologist who ordered the EEG last year doesn’t take WorkComp, but he may be willing to be on my team via Medicare. The vision and auditory processing issues are not going to be resolved because Kim and Stewart get people to lie about the case; Wyndham didn’t hire me in multiple locations nor send me to Big Bear to help out in that mess because I was not a valuable employee…. I used to help managers even in Hawaii with management reports, including employee retention and motivation and training.
I suggest you ask Michael Dougherty to immediate get going with a Claim Audit and I will follow up next week with the Senator’s office, the DA-Corporate Fraud Unit, the FBI, Maximus and Grancell. I will also prepare a DOR to get back in front of the WCAB Court, to be heard on these issues of fraud and failures to provide medical care and other violations.
I just can’t do anymore than this today, and it upsets me just having to think about the criminal fraud I have been subjected to by this swath of apparent white collar criminals.
Are these matters of the FIFTH AMENDMENT or can they resolved with a FIFTH ATTORNEY.
TIME WILL TELL, HUH?
Let’s plan to meet in accordance with interactive process guidelines, some Thursday or Friday in Palm Springs and I will ask the new doctor in Palm Springs if you can be included in a session where we talk about return to work accommodations planning. One time, in January 2012, Daniel Elliott, then adjuster, spent a full session on the phone with Dr. DeGoede, who explained back then the seriousness of my brain injury and the need for immediate medical care. CNA did not have a neurologist or neuro-psychologist to send me to then either, and Daniel relied on Dr. Goede’s contacts to get me to some specialists, then all hell broke lose when the extent of my injuries was evident. I have a long drive ahead, so, we’ll deal with more of these details later in the week.
Help me now?
LINDA AYRES, IN PRO PER
#WorkComp and Brain Injury Survivor
760 368 7236
PO Box 835
Yucca Valley CA 92286
PS Linked In is getting a little spooky….. In recent weeks, people with profiles alleging to be high ranking military officials are sending private messages that are less than professional. I would like to write a happy ending to this horror work comp drama and close up my LinkedIn open-ness, and get on with my life.
From: “Jordan, Tina R” Date: Tue, 2 Jun 2015 18:24:43 -0400 To: Linda Ayres; Linda Ayres Subject: Wyndham Employee Discount Vouchers
Please find attached the signed discount vouchers for Wyndham hotels provided to you so you can secure accommodations at your expense. Let me know if you need more in the future and I would be happy to assist. Sincerely,
Tina Jordan Regional HR Director – Southern California
Wyndham Vacation Ownership 7610 Hazard Center Drive Ste. 301 San Diego, CA 92108 Cell: 702-569-4294 Email: Tina.firstname.lastname@example.org